F1PART 5AFUNCTIONS RELATING TO PAYMENTS AND PENSIONS

Remuneration of authority members

69OWithholding payments

(1)

A relevant authority must not make payments in respect of relevant matters or a relevant pension to a person who is—

(a)

suspended or partially suspended from being a member of the authority by virtue of Part 3 of the Local Government Act 2000 (c. 22) (conduct of local government members etc.);

(b)

prevented from acting in the office of a member of a local authority in Wales under section 80A(6) of the 1972 Act (disqualification).

(2)

A local authority must not make a resettlement payment to a person who is prevented from acting in the office of a member of a local authority in Wales under section 80A(6) of the 1972 Act.

(3)

The Welsh Ministers may, in cases they consider appropriate, direct a relevant authority not to—

(a)

make payments (including in respect of pensions) in respect of the relevant matters specified in the direction;

(b)

make a resettlement payment.

(4)

Before giving a direction under subsection (3), the Welsh Ministers must consult the Commission.

(5)

A relevant authority may require a person to repay payments made in respect of relevant matters or a relevant pension to a person in respect of a period during which the person was not entitled to receive the payment for any reason, including (but not limited to) the following reasons—

(a)

the payments were made in breach of subsection (1);

(b)

the payments were made in breach of a direction under subsection (3)(a);

(c)

the person had ceased to be a member of the authority.

(6)

A local authority may require a person to repay a resettlement payment made under section 69D where the person was not entitled to receive the payment for any reason, including (but not limited to) the following reasons—

(a)

the payment was made in breach of subsection (2);

(b)

the payment was made in breach of a direction under subsection (3)(b).