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PART 8WF1...PAYMENTS AND PENSIONS

Textual Amendments

Modifications etc. (not altering text)

C1Pt. 8 applied (with modifications) (25.1.2016) by Local Government (Wales) Act 2015 (anaw 6), ss. 25(3)(4), 46(1)

C2Pt. 8 applied (with modifications) (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 142(3)(4)(5), 143, 175(1)(f)(2)

Principal functions of the PanelW

142Functions relating to payments to membersW

(1)For the financial year beginning 1 April 2012 and for each following financial year, the Panel may decide the relevant matters—

(a)for which a relevant authority will be required to make payments to members of the authority;

(b)for which a relevant authority will be authorised to make payments to members of the authority.

(2)Relevant matters are—

(a)matters relating to the official business of members of relevant authorities;

(b)periods of family absence under Part 2.

(3)Having exercised that power, the Panel must set for each relevant matter one of the following—

(a)the amount that a relevant authority must pay to a member of the authority;

(b)the maximum amount that a relevant authority may pay to a member of the authority.

(4)Having decided the relevant matters for which a relevant authority may be authorised or required to make payments under subsection (1) and set the amount or maximum amount for each matter under subsection (3), the Panel may determine that payments in respect of a particular matter or matters may not be paid to more than a fixed proportion[F2or specified number ] of the members of an authority.

(5)The proportion fixed by the Panel in accordance with subsection (4) may not exceed fifty per cent unless the consent of the Welsh Ministers has been obtained.

[F3(5A)The number specified by the Panel in accordance with subsection (4), expressed as a proportion of the total number of members of an authority, may not exceed fifty per cent unless the consent of the Welsh Ministers has been obtained.]

(6)The Panel may set—

(a)the maximum percentage or other rate by which a relevant authority will be entitled to adjust for a financial year the amounts that had effect for the relevant matters for the previous financial year;

(b)an index by reference to which a relevant authority will be entitled to adjust for a financial year the amounts that had effect for such of the relevant matters for the previous financial year as the Panel decides.

(7)The powers under subsection (6) may be exercised so as to—

(a)set a rate and an index in relation to the same matter;

(b)set different rates or indices in relation to different matters.

(8)When setting an amount under subsection (3), making a determination under subsection (4) or setting a rate or index under subsection (6), the Panel must take into account what it considers will be the likely financial impact of doing so on relevant authorities.

(9)The Panel may make different decisions under subsection (1), set different amounts under subsection (3), make different determinations under subsection (4) or set different rates or indices under subsection (6) in relation to authorities of different descriptions or different authorities of the same description.

(10)For the purposes of subsection (2) a matter relates to the official business of a member of a relevant authority if it is a matter which a member undertakes—

(a)as a member of a relevant authority, or

(b)as a member of a body to which the member is appointed by, or following nomination by, the relevant authority or a group of bodies including the relevant authority.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I1S. 142 in force for specified purposes at 31.8.2011 by S.I. 2011/2011, art. 2(c)

I2S. 142 in force at 30.4.2012 in so far as not already in force by S.I. 2012/1187, art. 2(2)(a)

143Functions relating to members' pensionsW

(1)This section applies in relation to members of relevant authorities who—

(a)are not co-opted members, and

(b)are for the time being eligible for membership of a pension scheme in accordance with regulations under section 7 of the Superannuation Act 1972 (local government pension schemes).

(2)The Panel may decide the descriptions of members to or in respect of whom a relevant authority will be required to pay a pension (a “relevant pension”).

(3)The Panel may decide the relevant matters in respect of which a relevant authority will be required to pay a relevant pension.

(4)The Panel may make different decisions in relation to authorities of different descriptions or different authorities of the same description.

Modifications etc. (not altering text)

C4S. 143(1)(b)(3) excluded (21.1.2021 for specified purposes, 1.4.2021 in so far as not already in force) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(f)(2)(7), Sch. 12 para. 1(7); S.I. 2021/297, reg. 2(j)

Commencement Information

I3S. 143 in force for specified purposes at 31.8.2011 by S.I. 2011/2011, art. 2(d)

I4S. 143 in force at 30.4.2012 in so far as not already in force by S.I. 2012/1187, art. 2(2)(a)

[F4143A[F5Functions relating to remuneration of chief executives]W

(1)The Panel may make recommendations to a qualifying relevant authority about—

(a)any policy in the authority's pay policy statement which relates to the [F6remuneration] of the authority's [F7chief executive];

( b )any proposed change to the [F6remuneration] of the authority's [F8chief executive].

(2)A qualifying relevant authority must have regard to any recommendation received from the Panel when performing its functions under section 38 or 39 of the Localism Act 2011 (c. 20).

(3)A qualifying relevant authority must, before making a change to the [F9remuneration] of its [F10chief executive] which is not commensurate with a change to the [F11remuneration] of the authority's other staff—

(a)consult the Panel about the proposed change, and

(b)have regard to any recommendation received from the Panel when deciding whether or not to proceed with making the change.

[F12(3A)But a qualifying relevant authority that has consulted the Panel about a proposed reduction in [F13remuneration] may make the reduction before receiving a recommendation from the Panel if the contract under which the [F13remuneration] is [F14provided] does not prevent the authority from changing the [F13remuneration] after receiving a recommendation.

(3B)A qualifying relevant authority that makes a change to the [F15remuneration] of its [F16chief executive] in accordance with subsection (3A) and subsequently receives a recommendation from the Panel about the change—

(a)must reconsider the [F15remuneration] , and

(b)when doing so, must have regard to the recommendation.]

(4)A qualifying relevant authority must provide the Panel with such information as the Panel may reasonably require in connection with the exercise of its functions under this section.

[F17(4A)The Panel must notify the Welsh Ministers of every recommendation it makes under this section.]

(5)The Panel may publish any recommendations it makes under this section.

[F18(5A)A qualifying relevant authority—

(a)must notify the Panel and the Welsh Ministers of its response to a recommendation made by the Panel about a change to the [F19remuneration] of its [F20chief executive] before the end of the period of 14 days starting with the day on which the authority determines the response, and

(b)must not make a change to the [F19remuneration] before—

(i)the end of the period of eight weeks starting with the day on which the authority notifies the Welsh Ministers under paragraph (a), or

(ii)if, before the end of that period, the Welsh Ministers notify the authority that they will not be giving the authority a direction under subsection (5B), the day on which that notice is received.

(5B)If the Welsh Ministers consider that a qualifying relevant authority's response to a recommendation made by the Panel about a change of [F21remuneration] means that the authority will [F22provide] (or, under subsection (3A), is [F22providing]) [F21remuneration] which is inconsistent with the recommendation, the Welsh Ministers—

(a)may direct the authority to reconsider the [F21remuneration] , and

(b)may specify in the direction the time by which the authority must do so.]

[F23(5C)If the Welsh Ministers give a direction under subsection (5B) to a qualifying relevant authority—

(a)the function of reconsidering the remuneration is not to be the responsibility of an executive of the authority under executive arrangements (within the meaning of section 10 of the Local Government Act 2000);

(b)an elected mayor (within the meaning of section 39(1) of that Act) is to be treated as a member of the authority for the purposes of that function, and

(c)section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to that function.]

(6)The Panel must have regard to any guidance issued by the Welsh Ministers when exercising its functions under this section.

(7)In this section—

Textual Amendments

F6Word in s. 143A(1) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 55(2), 175(3)(i)

F9Word in s. 143A(3) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 55(2), 175(3)(i)

F12S. 143A(3A)(3B) inserted (25.1.2016) by Local Government (Wales) Act 2015 (anaw 6), ss. 40(2), 46(1)

F13Word in s. 143A(3A) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 55(2), 175(3)(i)

F14Word in s. 143A(3A) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 55(4), 175(3)(i)

F15Word in s. 143A(3B) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 55(2), 175(3)(i)

F17S. 143A(4A) inserted (25.1.2016) by Local Government (Wales) Act 2015 (anaw 6), ss. 40(3), 46(1)

F18S. 143A(5A)(5B) inserted (25.1.2016) by Local Government (Wales) Act 2015 (anaw 6), ss. 40(4), 46(1)

F19Word in s. 143A(5A) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 55(2), 175(3)(i)

F21Word in s. 143A(5B) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 55(2), 175(3)(i)

F22Words in s. 143A(5B) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 55(5), 175(3)(i)

F27Word in s. 143A(7) omitted (20.3.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), ss. 55(6)(a), 175(3)(i)

Modifications etc. (not altering text)

C7S. 143A(1)(b)(3) excluded (conditional) (26.11.2015) by Local Government (Wales) Act 2015 (anaw 6), ss. 29(7)(8), 46(2)

144Relevant authorities, members etc.W

(1)This section applies for the purposes of this Part.

(2)An authority is a “relevant authority” if it comes within one of the following descriptions—

(a)a local authority;

(b)a community council;

(c)a National Park authority (established under section 63 of the Environment Act 1995) for a National Park in Wales;

(d)a Welsh fire and rescue authority, that is an authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies.

F28(da). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F29(db)a corporate joint committee;]

[F30(e)a body specified as a relevant authority in an order made by the Welsh Ministers.]

(3)A reference to a description of a relevant authority is to be read with subsection (2).

(4)“Member”, in relation to a relevant authority, includes—

(a)an elected mayor of the authority (within the meaning of section 39(1) of the Local Government Act 2000),

(b)an elected executive member of the authority (within the meaning of section 39(4) of that Act), F31...

(c)a co-opted member of the authority[F32, and

(d)a person who is a member of a sub-committee of a corporate joint committee and is entitled to vote on any question to be decided by that sub-committee;]

(5)“Co-opted member”, in relation to a relevant authority [F33other than a corporate joint committee], means a person who is not a member of the authority (except by virtue of subsection (4)) but—

(a)is a member of a committee or sub-committee of the authority or is a member of, and represents the authority on, a joint committee or joint sub-committee of the authority, and

(b)is entitled to vote on questions for decision at meetings of that committee or sub-committee.

[F34(6)A body may only be specified as a relevant authority if—

(a)the Welsh Ministers exercise functions in respect of it,

(b)it exercises relevant functions, and

(c)its membership includes at least one member of an authority described in subsection (2)(a) to (d).

(7)A “relevant function” is—

(a)a function conferred by an Act or Measure of the National Assembly for Wales, or

(b)a function that could be conferred by an Act of the National Assembly for Wales.

(8)Sections 142(4), 143, 147(3)(b) and 155 do not apply in relation to a relevant authority described in subsection [F35(2)(db) or (e)].]

Textual Amendments

Commencement Information

I5S. 144 in force at 31.8.2011 by S.I. 2011/2011, art. 2(e)