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Local Government (Wales) Measure 2011

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[F1143AFunctions relating to [F2remuneration] of heads of paid serviceW

This section has no associated Explanatory Notes

(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 [F3remuneration] of the authority's head of paid service;

( b )any proposed change to the [F3remuneration] of the authority's head of paid service.

(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 [F4remuneration] of its head of paid service which is not commensurate with a change to the [F5remuneration] 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.

[F6(3A)But a qualifying relevant authority that has consulted the Panel about a proposed reduction in [F7remuneration] may make the reduction before receiving a recommendation from the Panel if the contract under which the [F7remuneration] is [F8provided] does not prevent the authority from changing the [F7remuneration] after receiving a recommendation.

(3B)A qualifying relevant authority that makes a change to the [F9remuneration] of its head of paid service in accordance with subsection (3A) and subsequently receives a recommendation from the Panel about the change—

(a)must reconsider the [F9remuneration] , 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.

[F10(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.

[F11(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 [F12remuneration] of its head of paid service 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 [F12remuneration] 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 [F13remuneration] means that the authority will [F14provide] (or, under subsection (3A), is [F14providing]) [F13remuneration] which is inconsistent with the recommendation, the Welsh Ministers—

(a)may direct the authority to reconsider the [F13remuneration] , and

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

(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—

  • head of paid service ” (“ ”) means a head of paid service designated under section 4(1) of the Local Government and Housing Act 1989;

  • pay policy statement ” (“ ”) means a pay policy statement produced by a relevant authority (within the meaning of section 43(1) of the Localism Act 2011) under section 38 of that Act;

  • qualifying relevant authority ” (“ ”) means a relevant authority (within the meaning of this Part) which is required to produce a pay policy statement;

  • [F15 remuneration ” (“cydnabyddiaeth ariannol”) has the meaning given in section 43 of the Localism Act 2011;]

  • F16...]

Textual Amendments

F2Word in s. 143A heading substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 55(7), 175(3)(i)

F3Word in s. 143A(1) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 55(2), 175(3)(i)

F4Word in s. 143A(3) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 55(2), 175(3)(i)

F5Word in s. 143A(3) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 55(3), 175(3)(i)

F6S. 143A(3A)(3B) inserted (25.1.2016) by Local Government (Wales) Act 2015 (anaw 6), ss. 40(2), 46(1)

F7Word in s. 143A(3A) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 55(2), 175(3)(i)

F8Word in s. 143A(3A) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 55(4), 175(3)(i)

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

F10S. 143A(4A) inserted (25.1.2016) by Local Government (Wales) Act 2015 (anaw 6), ss. 40(3), 46(1)

F11S. 143A(5A)(5B) inserted (25.1.2016) by Local Government (Wales) Act 2015 (anaw 6), ss. 40(4), 46(1)

F12Word in s. 143A(5A) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 55(2), 175(3)(i)

F13Word in s. 143A(5B) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 55(2), 175(3)(i)

F14Words in s. 143A(5B) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 55(5), 175(3)(i)

F16Word 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)

C1Pt. 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)

C4S. 143A(1)(b)(3) excluded (conditional) (26.11.2015) by Local Government (Wales) Act 2015 (anaw 6), ss. 29(7)(8), 46(2)

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