Local Government (Wales) Act 2015

29 Restraining transactions and recruitment etc. by direction

(1) The Welsh Ministers may direct that—

(a) a merging authority must not carry out a restricted activity unless it has considered the opinion of a specified person or persons on the appropriateness of carrying out the activity;

(b) a merging authority must not carry out a restricted activity unless the written consent of a specified person or persons has been given for the activity to be carried out.

(2) The restricted activities are—

(a) making a relevant land acquisition or disposal;

(b) entering into a relevant contract or agreement;

(c) making a relevant capital acquisition;

(d) giving a relevant grant or other financial assistance;

(e) making a relevant loan;

(f) including an amount of financial reserves in a calculation under section 32 of the Local Government Finance Act 1992;

(g) starting the process of recruiting (including by way of internal recruitment)—

(i) a non-statutory chief officer mentioned in section 2(7) of the Local Government and Housing Act 1989;

(ii) a deputy chief officer mentioned in section 2(8) of that Act.

(3) The Welsh Ministers may direct that a merging authority seeking to appoint or designate a person to a restricted post (including from among its existing officers) must comply with specified requirements about the appointment or designation.

(4) “Restricted post”, in relation to a merging authority, means—

(a) the head of its paid service designated under section 4(1) of the Local Government and Housing Act 1989;

(b) its monitoring officer designated under section 5(1) of that Act;

(c) a statutory chief officer mentioned in section 2(6) of that Act.

(5) A merging authority must—

(a) provide details of a proposal to carry out a restricted activity to any person specified for the purpose of subsection (1)(a) or (b) in respect of that activity;

(b) provide the Welsh Ministers with details of a proposal to appoint or designate a person to a restricted post where any requirements apply in relation to the appointment or designation by virtue of a direction under subsection (3).

(6) If an opinion given for the purposes of subsection (1)(a) is that it would not be appropriate for a merging authority to carry out a restricted activity but the authority decides to carry it out, the authority must publish its reasons for making that decision.

(7) Section 143A(1)(b) and (3) of the Local Government (Wales) Measure 2011 (recommendations of Independent Remuneration Panel for Wales on salary) does not apply—

(a) where a direction has been given under subsection (1)(b) in relation to the recruitment of a non-statutory chief officer or deputy chief officer, to a proposal to pay the recruited person a salary which is different to that paid to that person’s predecessor;

(b) where a direction has been given under subsection (3), to a proposal to pay the appointed or designated person a salary which is different to that paid to that person’s predecessor.

(8) The reference in subsection (7) to section 143A of the Local Government (Wales) Measure 2011 includes a reference to that section as it has effect under section 39 of this Act.

(9) A direction given under this section takes effect from the date specified in the direction.