Local Government (Wales) Measure 2011 Explanatory Notes

Section 9 – Democratic services functions

25.Sets out the functions that the Head of Democratic Services is charged with, which include:-

a)

providing support and advice to the authority in relation to its meetings;

b)

providing support and advice to committees (including joint and sub‑committees, but excluding overview and scrutiny committee and the democratic services committee);

c)

promoting the role of the authority’s overview and scrutiny committee/s;

d)

providing support and advice to the authority’s overview and scrutiny committee/s and the members of the same, and similarly to the authority’s democratic services committee;

e)

providing support and advice in relation to the functions of the authority’s overview and scrutiny committee/s to the members of authority, members of the executive and officers of the authority;

f)

providing support and advice to members of the authority in carrying out their role as a member of the authority. This does not extend to support and advice to a member in discharging his/her functions as a member of the executive (save for those functions captured by (e) above), and/or advice about how the authority’ functions should be, or should have been, exercised in relation to a matter under consideration/to be considered at a meeting or committee of the authority (including joint or sub-committee); and

g)

making reports and recommendation in respect of staffing issues in relation to the discharge of democratic services functions.

26.Other functions of the HDS may be prescribed in regulation by the Welsh Ministers; such subordinate legislation to follow the affirmative procedure. “Advice” in (a) and (b) above does not include advice about whether or how the authority’s function should be, or should have been, exercised. Nothing in this section affects the duty of the authority’s head of paid service.

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