Restraints on transactions and recruitment etc. by merging authorities

Restraining transactions and recruitment etc. by direction
29
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.