SCHEDULE 12Restraints on transactions and recruitment etc. by merging councils and restructuring councils

Restraining transactions and recruitment etc. by direction

1

(1)

After receiving a merger application or after giving notice as described in section 129(6), the Welsh Ministers may direct a merging council or restructuring council that—

(a)

the council 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)

the council 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 (c. 14);

(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 (c. 42);

(ii)

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

(3)

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

(4)

“Restricted post”, in relation to a merging council or restructuring council, means—

(a)

its chief executive appointed under section 54;

(b)

its monitoring officer designated under section 5(1) of the Local Government and Housing Act 1989;

(c)

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

(d)

its head of democratic services designated under section 8(1) of the 2011 Measure.

(5)

A merging council or restructuring council given a direction under sub-paragraph (1) must—

(a)

provide details of any proposal to carry out a restricted activity to any person or persons specified for the purpose of sub-paragraph (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 sub-paragraph (3).

(6)

If an opinion given for the purposes of sub-paragraph (1)(a) is that it would not be appropriate for a merging council or restructuring council to carry out a restricted activity but the council decides to carry it out, the council must publish its reasons for making that decision.

F1(7)

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(8)

A direction given under this paragraph takes effect from the date specified.

(9)

In this paragraph, “specified” means specified in a direction given under this paragraph.

F2(10)

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