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Local Government and Elections (Wales) Act 2021

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CHAPTER 4E+WREMUNERATION ARRANGEMENTS FOR NEW PRINCIPAL COUNCILS

142Directions to [F1Democracy and Boundary Commission Cymru] E+W

(1)The Welsh Ministers may direct the [F2Democracy and Boundary Commission Cymru] that it must perform its payment and pension functions in relation to—

(a)the shadow council for a new principal area established under merger regulations or restructuring regulations, and

(b)the principal council for that area, for the financial year in which the transfer date falls.

(2)For the purposes of subsection (1), the [F3Commission’s] payment and pension functions are the functions under the following sections in [F4Part 5A of the 2013 Act]—

(a)[F5section 69A] (payments to members), and

(b)[F6section 69B] (members' pensions).

(3)Accordingly [F7Part 5A] [F8of the 2013 Act] applies in the case of a council to which a direction under subsection (1) relates; but in its application by virtue of this subsection [F7Part 5A] is subject to—

(a)subsection (4), and

(b)section 143.

(4)Where [F9Part 5A of the 2013 Act] applies by virtue of subsection (3)—

(a)the shadow council is a relevant authority for the purposes of that Part,

(b)the Panel may exercise its functions under [F9Part 5A of the 2013 Act] in relation to the principal council for the new principal area before the council has been established (including by way of imposing a requirement to which the council will be subject once it is established); accordingly, for those purposes that Part is to be read as if the council is, before it is established, a relevant authority,

(c)where the transfer date does not fall on 1 April, the references in [F10section 69A] to a financial year include a reference to part of the financial year in which the transfer date falls,

F11(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In exercising functions by virtue of this section in relation to a principal council for an area which has or had a designated shadow council, the Panel may, in relation to times before and after the council will consist of councillors elected at the first ordinary election—

(a)make different decisions under section 142(1) of the 2011 Measure;

(b)set different amounts under subsection (3) of that section;

(c)make different determinations under subsection (4) of that section;

(d)set different percentages or other rates or indices under subsection (6) of that section;

(e)make different decisions under section 143(2) and (3) of the 2011 Measure.

Textual Amendments

Commencement Information

I1S. 142(1) in force at 21.1.2021 for specified purposes, see s. 175(1)(f)(2)(b)(i)(7)

I2S. 142(2)-(5) in force at 21.1.2021, see s. 175(1)(f)

I3S. 142(1) in force at 1.4.2021 in so far as not already in force by S.I. 2021/297, art. 2(d)

143Reports of [F13Commission] relating to shadow councils and new principal councilsE+W

(1)This section applies where [F14Part 5A of the 2013 Act] applies in the case of a council by virtue of a direction under section 142.

(2)The first report under [F15Part 5A of the 2013 Act] that relates (wholly or partly) to the shadow council for the new principal area (“the first report”)—

(a)must be published no later than the date specified in the direction under section 142 for that purpose, and

(b)may be an annual report or a supplementary report, subject to the requirement imposed by virtue of paragraph (a) and the requirements under [F16sections 69E(3) and 69I(1) and (2)(a) of the 2013 Act].

(3)[F17Section 69I(2)(b) of the 2013 Act] (time limit on publication) does not apply in relation to the first report if it is a supplementary report.

(4)Where any annual report or supplementary report relates (wholly or partly) to—

(a)the shadow council, or

(b)the principal council for the new principal area and that council will not be established at the time of publication of the report,

the [F18Commission] must take the step set out in subsection (5).

(5)The [F19Commission] must, before publishing the report under [F20section 69E of the 2013 Act], send a draft of the report to the following (if the [F19Commission] is not already required to do so under [F21section 69G(1)(a) of the 2013 Act])—

(a)the merging councils or restructuring councils whose areas are to be merged to create the new principal area;

(b)the shadow council (if established);

(c)the persons (if any) specified for that purpose in the direction under section 142.

(6)A supplementary report may impose on the merging councils or restructuring councils whose areas are to be merged to create the new principal area, or on the shadow council—

(a)requirements of a kind specified in [F22section 69J(1) of the 2013 Act];

(b)requirements of a kind specified in [F23section 69K(1) of the 2013 Act].

(7)Where a supplementary report relates (wholly or partly) to the shadow council, [F24section 69J(2) of the 2013 Act] applies in relation to that report (to the extent that it requires a payment to be made to or by the shadow council) as it applies in relation to an annual report.

(8)The references in [F25sections 69L, 69N and 69P of the 2013 Act] to requirements imposed by an annual report include a reference to requirements imposed by a supplementary report by virtue of this section.

(9)An annual or supplementary report must specify in relation to the council for the new principal area (whether it is a shadow council or a principal council at the time of publication) the information mentioned in [F26section 69E(4) of the 2013 Act].

(10)The matters required by virtue of this section and section 142 to be included in a report of the [F27Commission] in relation to the financial year in which the transfer date falls must be included in the annual report for that financial year.

(11)But, if the [F28Commission] considers it appropriate to do so, it may at any time before the transfer date publish a supplementary report in relation to so much of that first financial year as falls on or after that date.

Textual Amendments

Commencement Information

I4S. 143(1)-(4)(5)(b)(c) in force at 21.1.2021, see s. 175(1)(f)

I5S. 143(5)(a)(6) in force at 21.1.2021 for specified purposes, see s. 175(1)(f)(2)(b)(ii)(7)

I6S. 143(7)-(11) in force at 21.1.2021 for specified purposes, see s. 175(1)(f)

I7S. 143(5)(a)(6) in force at 1.4.2021 in so far as not already in force by S.I. 2021/297, art. 2(d)

144Guidance to [F29Commission] E+W

The [F29Commission] must have regard to any guidance issued by the Welsh Ministers about the exercise of its functions in accordance with sections 142 and 143.

Textual Amendments

145Pay policy statementsE+W

(1)A transition committee must publish recommendations as to the pay policy statement to be prepared by the shadow council for the new principal area.

(2)The recommendations must be published no later than six weeks before—

(a)where the shadow council is an elected shadow council, the date on which elections to the shadow council are to take place, or

(b)where the shadow council is a designated shadow council, the date on which the shadow council is to be established.

(3)A shadow council must prepare and approve (and may amend) a pay policy statement in accordance with sections 38(2) to (5) and 39(1), (4) and (5) of the Localism Act 2011 (c. 20)—

(a)for the period beginning with the approval of the pay policy statement and ending immediately before the transfer date, and

(b)for the first financial year in which there will be a principal council for the new principal area.

(4)Accordingly, sections 38(2) to (5) and 39(1), (4) and (5), 41(1) and (2) and 42(1) and (2) of the Localism Act 2011 apply; and where those provisions apply by virtue of this subsection—

(a)the shadow council is, for the purposes of those provisions, a relevant authority within the meaning of Chapter 8 of Part 1 of that Act,

(b)the period mentioned in subsection (3)(a) is to be treated for the purposes of those provisions as a financial year, and

(c)section 39(5) of that Act is to be read as if for “on the authority's website” there were substituted “ on a website ”.

(5)No chief officer (within the meaning of section 43(2) of the Localism Act 2011) may be appointed or designated by the shadow council until the pay policy statement under subsection (3) has been prepared and approved.

F30(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In this section, “transition committee” means a transition committee established under Schedule 11—

(a)in relation to merger regulations, or

(b)in relation to restructuring regulations which make provision for there to be a shadow council.

Textual Amendments

Commencement Information

I8S. 145(1)-(7)(a) in force at 21.1.2021 for, see s. 175(1)(f)

I9S. 145(7)(b) in force at 1.4.2021 by S.I. 2021/297, art. 2(d)

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