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National Assembly for Wales (Remuneration) Measure 2010

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National Assembly for Wales (Remuneration) Measure 2010

2010 nawm 4

A Measure of the National Assembly for Wales to establish a National Assembly for Wales Remuneration Board, to transfer to that Board the functions of making determinations in relation to the remuneration of Assembly members, the First Minister, Welsh Ministers, the Counsel General and Deputy Welsh Ministers, and for connected purposes.

This Measure, passed by the National Assembly for Wales on 26 May 2010 and approved by Her Majesty in Council on 21 July 2010, enacts the following provisions:—

1 [F1Independent Remuneration Board of the Senedd]W

(1)There is to be a [F2board to be known as the Independent Remuneration Board of the Senedd] (“the Board”).

(2)The members of the Board are the Chair and four other members.

(3)If there is a vacancy in the office of Chair, or the Chair is unable to act, the other members of the Board may appoint one of their number to be Acting Chair.

(4)The quorum of the Board is three.

(5)The Board may not make any determination under section 20(6), 24(1) or 53(7) of the Act unless the proposal to do so has been approved by at least three members of the Board.

(6)Subject to subsections (4) and (5) and to section 2(2), the Board is to regulate its own procedure.

(7)The validity of the proceedings of the Board is not affected by—

(a)a vacancy among the members, or

(b)a defect in the appointment of a member.

Textual Amendments

F2Words in s. 1(1) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (asc 1), ss. 8, 42(2)

Prospective

2Independence, openness and inclusivenessW

(1)The Board is not, in the exercise of its functions, to be subject to the direction or control of the [F3Senedd] or of the [F3Senedd] Commission.

(2)The Board must—

(a)generally act in an open and transparent manner, and

(b)publish on the [F4Senedd's] website such information as will enable the public to be kept informed as to its activities.

(3)Subsection (2) does not prevent the Board from considering a matter in private and from maintaining the privacy of its consideration of that matter, if, in the opinion of the Board, the nature of that matter makes it appropriate to do so.

(4)The Board must, before exercising any of its functions, consult those of the following who are likely to be affected, unless the Board considers that there are circumstances that make it inappropriate to do so—

(a)[F5Members of the Senedd],

(b)staff employed by [F5Members of the Senedd] (or by [F6groups of Members]),

(c)relevant trade unions, and

(d)such other persons as it considers appropriate.

(5)The Board must, when consulting [F5Members of the Senedd], have regard to subsection (1).

Textual Amendments

F4Word in s. 2(2)(b) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (asc 1), s. 42(2), Sch. 1 para. 4(3)

F6Words in s. 2(4)(b) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (asc 1), s. 42(2), Sch. 1 para. 4(4)

Prospective

3Functions of the BoardW

(1)Subject to subsections (3) and (4), the functions of the Board are those conferred on it by sections 20, 22, 24, 53 and 54 of the Act, as amended by this Measure.

(2)The Board must exercise its functions with a view to achieving the objectives of—

(a)providing [F5Members of the Senedd] with a level of remuneration which—

(i)fairly reflects the complexity and importance of the functions which they are expected to discharge, and

(ii)does not, on financial grounds, deter persons with the necessary commitment and ability from seeking election to the [F3Senedd],

(b)providing [F5Members of the Senedd] with resources which are adequate to enable them to exercise their functions as [F5Members of the Senedd], and

(c)ensuring probity, accountability, value for money and transparency with respect to the expenditure of public funds.

(3)The Board must keep under review the extent to which, having regard to—

(a)experience gained from the operation of the Board's determinations,

(b)changes in the functions of [F5Members of the Senedd], and

(c)any other relevant changes in circumstances,

those determinations appear to be achieving the objectives set out in subsection (2).

(4)The Board may, from time to time, consider any other matter which is relevant to the discharge of its functions, either on its own initiative or at the written request of the Clerk.

Textual Amendments

4Disqualification from membership of the BoardW

Schedule 1 makes provision as to the persons who are disqualified from being members of the Board.

5Power to amend Schedule 1W

(1)This section has effect if the [F3Senedd] resolves that Schedule 1 be amended so as to—

(a)add an office or description of person set out in paragraph 1 of that Schedule,

(b)remove such an office or description of person, or

(c)alter the description of such an office or person.

(2)The Counsel General may, by order, amend Schedule 1 so as to give effect to such a resolution.

(3)The power to make an order under subsection (2) is exercisable by statutory instrument.

(4)The Counsel General must, upon being notified in writing by the Presiding Officer that the [F3Senedd] has passed a resolution under subsection (1)—

(a)exercise the power conferred by subsection (2), and

(b)do so as soon as is reasonably practicable.

Textual Amendments

6Appointment of members of the BoardW

(1)The Chair and the other members of the Board—

(a)are to be appointed by the [F3Senedd] Commission, and

(b)are to hold office for a fixed term of five years from the date of their respective appointments.

(2)No person may be appointed to be a member of the Board if that person has already been appointed to be a member of the Board on two occasions.

(3)Schedule 2 makes further provision about the appointment of members of the Board.

Textual Amendments

7Termination of membership of the BoardW

The Chair or any other member of the Board ceases to hold office—

(a)on expiry of the term for which that person was appointed,

(b)if that person resigns by giving written notice to the [F3Senedd] Commission,

(c)if that person becomes disqualified from being a member of the Board, or

(d)if the [F3Senedd] so resolves upon a motion proposed on behalf of the [F3Senedd] Commission by a member of the [F3Senedd] Commission, provided that, if the resolution is passed on a vote, the number of votes cast in favour of the resolution is not less than two thirds of the total number of votes cast.

Textual Amendments

8Terms and conditionsW

(1)The Chair and the other members of the Board are to hold office in accordance with the terms and conditions of their appointment.

(2)Those terms and conditions are to be determined by the [F3Senedd] Commission.

(3)The [F3Senedd] Commission must pay the Chair and other members of the Board such amounts as they are entitled to receive under those terms and conditions.

Textual Amendments

9Administrative supportW

The [F3Senedd] Commission must provide the Board with such administrative support as the Board reasonably requires to enable it to discharge its functions.

Textual Amendments

Prospective

10Meetings of the BoardW

(1)Subject to subsections (2) and (3) and to section 13(7), (8) and (9) it is for the Board to decide when it is to meet.

(2)The Board must meet at least once in each calendar year.

(3)The Board must, if the Clerk requests it to do so, meet to consider a particular matter or matters relevant to its functions.

(4)A request under subsection (3) must be in writing and must specify the matter or matters in question.

Prospective

11Annual reportW

The Board must, as soon as possible after the end of each financial year, lay before the [F3Senedd] an annual report on its activities, including its use of resources, during that financial year.

Textual Amendments

12DeterminationsW

(1)Every determination made by the Board under section 20(6), 24(1) or 53(7) of the Act must be in writing.

(2)The Board must communicate its determinations to the [F3Senedd] Commission.

(3)The [F3Senedd] Commission must, as soon as is reasonably practicable after any determination is made by the Board—

(a)incorporate that determination, together with any other determinations which are to continue in force, into a single document, and

(b)publish that document.

Textual Amendments

Prospective

13Exercise of functions in relation to salariesW

(1)Subject to subsection (2), references in this section to a term of the [F3Senedd] are to the period which begins on the day on which a poll at [F7a Senedd] ordinary general election is held and which ends on the day before the day on which a poll at the next [F3Senedd] ordinary general election is held.

(2)If—

(a)[F7a Senedd] extraordinary election is held, and

(b)section 5(5) of the Act applies,

then, for the purposes of this section, a term of the [F3Senedd] ends on the day before the day on which the poll at that extraordinary general election is held, and the next term of the [F3Senedd] begins on the day on which that poll is held.

(3)Subject to subsection (4) the Board may not make more than—

(a)one determination which makes provision under section 20(1) of the Act (payment of salaries to [F5Members of the Senedd]), and

(b)one determination which makes provision under section 53(1) of the Act (payment of salaries to the First Minister, Welsh Ministers, the Counsel General and Deputy Welsh Ministers),

which is to have effect during each term of the [F3Senedd].

(4)Subsection (3) does not apply if the Board is of the opinion that there are exceptional circumstances which make it just and reasonable that the restrictions imposed by subsection (3) should not apply.

(5)If the Board forms an opinion of the kind referred to in subsection (4) it must state in writing its reasons for having done so, and communicate that statement to the [F3Senedd] Commission at the same time as the determination to which it relates.

(6)The [F3Senedd] Commission must lay before the [F3Senedd] any statement communicated to it under subsection (5) at the same time as it lays before the [F3Senedd] the determination to which it relates.

(7)The Board must, in relation to each term of the [F3Senedd], make a determination which makes provision under section 20(1) of the Act and which is to have effect, whenever made, from the beginning of that term.

(8)The Board must, in relation to each term of the [F3Senedd], make a determination which makes provision under section 53(1) of the Act and which is to have effect, whenever made, from the beginning of that term.

(9)The Board must, so far as is reasonably practicable, make the determinations referred to in subsections (7) and (8) before the end of the term of the [F3Senedd] which precedes that in relation to which they are to have effect but if it fails to do so the [F3Senedd] Commission must—

(a)until such determinations are made, continue to make payments in accordance with the determinations which had effect in relation to that preceding term of the [F3Senedd], and

(b)when such determinations have been made, adjust any subsequent payments so as to make good any under-payment or recover any over-payment, as the case may be.

Prospective

14Exercise of functions in relation to reimbursement of costs incurred in employing staffW

(1)This section applies to any provision for the reimbursement of costs incurred by [F5Members of the Senedd] (or by [F8groups of Members]) in employing staff.

(2)If the Board has made a determination which contains any provision to which this section applies, the Board may not, by a subsequent determination, make any modification to that provision in relation to any period before the end of the financial year in relation to which (or to a part of which) that provision first takes effect.

(3)Subsection (2) does not apply if the Board is of the opinion that there are exceptional circumstances which make it just and reasonable that the restrictions imposed by subsection (2) should not apply.

(4)If the Board forms an opinion of the kind referred to in subsection (3) it must state in writing its reasons for having done so, and communicate that statement to the [F3Senedd] Commission at the same time as the determination to which it relates.

(5)The [F3Senedd] Commission must lay before the [F3Senedd] any statement communicated to it under subsection (4) at the same time as it lays before the [F3Senedd] the determination to which it relates.

Textual Amendments

F8Words in s. 14(1) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (asc 1), s. 42(2), Sch. 1 para. 4(4)

Prospective

15Exercise of functions: generalW

(1)The Board must, on the first occasion on which it proposes to make a determination in relation to any matter, have regard to the recommendations of the National Assembly for Wales Independent Review Panel on arrangements for the financial support of Assembly members published on the 6th July 2009, so far as those recommendations are relevant to that matter.

(2)If, when it makes a determination to which subsection (1) applies, the Board includes in that determination provision which, in any respect, departs from those recommendations, the Board must state in writing its reasons for doing so and communicate that statement to the Assembly Commission at the same time as the determination to which it relates.

(3)The Assembly Commission must lay before the Assembly any statement communicated to it under subsection (2) at the same time as it lays before the Assembly the determination to which it relates.

(4)Subject to subsection (1) the Board may, when it proposes to make a determination in relation to any matter, have regard to those recommendations insofar as they appear to the Board to continue to be relevant to that matter.

Prospective

16Amendments to the Government of Wales Act 2006W

The Act is amended in accordance with Schedule 3.

F917Amendment to the Freedom of Information Act 2000W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

18InterpretationW

In this Measure—

(a)The Act” means the Government of Wales Act 2006 (c.32),

(b)any other expressions not otherwise defined in this Measure have the same meaning as in the Act.

Prospective

19Transitional and saving provisionW

(1)The coming into force of section 16 does not affect any determination or direction made under the provisions of—

(a)sections 20, 24 or 53 of the Act, or

(b)sections 16, 18 or 34A of the Government of Wales Act 1998 (c.38).

(2)Any provision made by such a determination or direction continues in force as if made by the Board under sections 20, 24 or 53 (as the case may be) of the Act as amended by this Measure and any references to the Assembly or to the Assembly Commission in such a determination or direction are, insofar as is necessary to give effect to this subsection, to be construed as references to the Board.

20Short Title and CommencementW

(1)This Measure may be referred to as the National Assembly for Wales (Remuneration) Measure 2010.

(2)Sections 1, 4, 5, 6, 7, 8, 9, 12, 17, 18 and this section come into force on the day after that on which this Measure is approved by Her Majesty in Council.

(3)The remaining provisions of this Measure come into force on the day after that on which notice under subsection (4) is laid before the Assembly.

(4)The Clerk must, as soon as is reasonably practicable after the first appointments of a Chair and four other members of the Board have all been made, lay before the Assembly notice of—

(a)the fact that the appointments in question have been made,

(b)the names of the persons appointed, and

(c)the fact that by reason of the laying of the notice all provisions of this Measure, (other than those already in force) will come into force on the day after that on which the notice is laid.

(introduced by section 4)

SCHEDULE 1WDISQUALIFICATION FROM MEMBERSHIP OF THE BOARD

1WThe following persons are disqualified from being members of the Board—

(a)[F10a Member of the Senedd],

(b)the Counsel General (if not [F10a Member of the Senedd]),

(c)a candidate for election as [F10a Member of the Senedd],

(d)a person whose name could, if the seat of a [F11regional Member of the Senedd] became vacant, be required to be notified to the Presiding Officer under section 11 of the Act (electoral region vacancies),

(e)a member of the European Parliament, House of Commons, F12... Scottish Parliament or Northern Ireland Assembly,

(f)a member of the staff of the [F3Senedd],

(g)a member of the staff of the Welsh F13... Government,

(h)a person employed by [F10a Member of the Senedd] or by a [F14group of Members] for the purpose of assisting that member or the members of that group to perform the functions of [F10a Member of the Senedd],

(i)the Auditor General for Wales,

(j)the [F15Senedd] Commissioner for Standards,

(k)a member of the [F3Senedd] Commission Corporate Governance Committee,

(l)a person holding the appointment of Independent Adviser to the [F3Senedd] Commission,

F16(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(n)a person holding the appointment of Non-Executive Director of the Welsh F17... Government.

2WFor the purposes of paragraph 1(c) a person becomes a candidate for election as [F10a Member of the Senedd]

(a)on the day on which that person is declared to be a candidate (whether by the person in question or by others), or

(b)on the day on which that person is nominated as a candidate at [F7a Senedd] election,

whichever is the earlier.

Textual Amendments

3WWhen determining, for the purposes of paragraph 1(d), whether the name of a person could be required to be notified to the Presiding Officer under section 11 of the Act, the requirements of paragraphs (b) and (c) of subsection (3) of that section are to be disregarded.

(introduced by section 6(3))

SCHEDULE 2WAPPOINTMENT OF MEMBERS OF THE BOARD

1WThe Clerk must make arrangements for selecting candidates for appointment as Chair, and as other members of the Board.

2WThose arrangements may—

(a)be revised from time to time, and

(b)make different provision for different appointments and for appointments made under different circumstances.

3WThe Clerk must ensure that those arrangements—

(a)do not involve participation by any person who appears to the Clerk to be likely to be affected by the exercise by the Board of any of its functions, or any person connected with such a person, and

(b)subject to sub-paragraph (a), have due regard to the principle that there should be equality of opportunity for all people.

4WThe Clerk must not give effect to the arrangements in relation to a particular appointment unless they have first been published on the [F18Senedd's] website and continue to be so published whilst the process of selecting a person for that appointment is taking place.

Textual Amendments

F18Word in Sch. 2 para. 4 substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (asc 1), s. 42(2), Sch. 1 para. 4(3)

5WThe [F3Senedd] Commission must appoint as Chair, or as a member of the Board, as the case may be, any person selected, in accordance with such arrangements, for appointment to that office.

Textual Amendments

6WParagraph 5 does not apply if it appears to the [F3Senedd] Commission that the person in question is disqualified from membership of the Board under section 4.

Textual Amendments

Prospective

(introduced by section 16)

SCHEDULE 3WAMENDMENTS TO THE GOVERNMENT OF WALES ACT 2006

Section 20W

1WIn section 20(1) for “The Assembly must make provision” substitute “ Provision must be made ”.

2WIn section 20(2) for “The Assembly may make provision” substitute “ Provision may be made ”.

3WIn section 20(3) for “The Assembly may make provision” substitute “ Provision may be made ”.

4WFor section 20(6) substitute—

(6)Provision under this section is to be made by determination made by the Board..

5WAfter section 20(6) insert—

(7)The Assembly Commission must give effect to any determination made by the Board under this section.

(8)In this section (and in sections 22, 24, 53 and 54) “the Board” means the National Assembly for Wales Remuneration Board established by section 1 of the National Assembly for Wales (Remuneration) Measure 2010 (nawm 4 —)..

Section 22W

6WIn section 22(2) for “The Assembly” substitute “ The Assembly Commission ” and omit“(and may, in particular, do so by requiring it to be published by the Assembly Commission)”.

7WFor section 22(3) substitute—

(3)The Assembly Commission must lay before the Assembly every determination made by the Board under section 20(6) as soon as is reasonably practicable after it is made..

Section 24W

8WIn section 24(1) omit “as the Assembly from time to time determines” and substitute “ as the Board from time to time determines ”.

9WOmit subsection 24(4).

10WFor subsection 24(6) substitute—

(6)The Assembly Commission must lay before the Assembly every determination made by the Board under section 24(1) as soon as is reasonably practicable after it is made..

11WAfter section 24(6) insert—

(7)The Assembly Commission must ensure that information concerning the sums paid under this section is published for each financial year..

Section 53W

12WIn section 53(1) for “The Assembly must make provision” substitute “ Provision must be made ”.

13WIn section 53(2) for “The Assembly may make provision” substitute “ Provision may be made ”.

14WIn section 53(3) for “The Assembly may make provision” substitute “ Provision may be made ”.

15WFor section 53(7) substitute—

(7)Provision under this section is to be made by determination made by the Board..

16WAfter section 53(7) insert—

(8)The Assembly Commission must give effect to any determination made by the Board under this section..

Section 54W

17WIn section 54(2) for “The Assembly” substitute “ The Assembly Commission ” and omit “(and may, in particular, do so by requiring it to be published by the Assembly Commission)”.

18WFor section 54(3) substitute—

(3)The Assembly Commission must lay before the Assembly every determination made by the Board under section 53(7) as soon as is reasonably practicable after it is made..

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