2022 No. 355 (W. 88)
The Local Government and Elections (Wales) Act 2021 (Consequential Amendments and Transitional Provision) (Chief Executives) Regulations 2022
Made
Laid before Senedd Cymru
Coming into force
Title and commencementI31
1
The title of these Regulations is the Local Government and Elections (Wales) Act 2021 (Consequential Amendments and Transitional Provision) (Chief Executives) Regulations 2022.
2
These Regulations come into force on 5 May 2022.
The Local Authorities (Contracts) Regulations 1997I12
1
The Local Authorities (Contracts) Regulations 19973 are amended as follows.
2
In regulation 7(3) (signature of certificates – authorities with a chief finance officer), after “1989 Act” insert “other than a county council or county borough council in Wales,”
.
3
After regulation 7(3), insert—
4
A county council or county borough council in Wales which is under a duty to appoint a chief executive under section 54 of the Local Government and Elections (Wales) Act 2021 must ensure that a certificate issued by it is signed by one of the following officers of the council—
a
one of the statutory chief officers within the meaning given to that expression in section 2(6) of the 1989 Act;
b
a non-statutory chief officer within the meaning given to that expression in section 2(7) of the 1989 Act; or
c
a deputy chief officer within the meaning given to that expression in section 2(8) of the 1989 Act.
The Local Authorities (Standing Orders) (Wales) Regulations 2006I43
1
The Local Authorities (Standing Orders) (Wales) Regulations 20064 are amended as follows.
2
In regulation 25 (interpretation)—
a
in the definition of “chief officer”, for paragraph (a) substitute—
a
its chief executive;
b
omit the definition of “head of the authority’s paid service”;
c
in the appropriate place, insert—
“chief executive” (“prif weithredwr”) means the person appointed as chief executive under section 54 of the Local Government and Elections (Wales) Act 2021;
3
In regulation 7(2)(a)6 (standing orders relating to staff), for “head of the authority’s paid service” substitute “authority’s chief executive”
.
4
In regulation 8(1)7 (standing orders in respect of disciplinary action), for “head of the authority’s paid service” substitute “authority’s chief executive”
.
5
For regulation 9(1A)(a)8 (investigation of alleged misconduct) substitute—
a
the authority’s chief executive;
6
In Part 1 of Schedule 39 (authority with mayor and cabinet executive)—
a
in paragraph 2, for the words from “the officer designated” to the end, substitute “the person appointed as the authority’s chief executive or by an officer nominated by the authority’s chief executive”
;
b
for paragraph 3(1)(a) substitute—
a
the person appointed as the authority’s chief executive;
c
in paragraph 4(1), for “an officer designated as the head of the authority’s paid service” substitute “a person appointed as the authority’s chief executive”
.
7
In Part 2 of Schedule 310 (authority with leader and cabinet executive)—
a
in paragraph 2, for the words from “the officer designated” to the end, substitute “the person appointed as the authority’s chief executive or by an officer nominated by the authority’s chief executive”
;
b
for paragraph 3(1)(a) substitute—
a
the person appointed as the authority’s chief executive;
c
in paragraph 4(1), for “an officer designated as the head of the authority’s paid service” substitute “a person appointed as the authority’s chief executive”
.
8
In Schedule 411 (provisions to be incorporated in standing orders in respect of disciplinary action)—
a
in paragraph 1, for “head of the authority’s paid service” (“pennaeth gwasanaeth taledig yr awdurdod”) substitute ““chief executive” (“prif weithredwr”)”;
b
in paragraph 2(1), for “the head of the authority’s paid service” substitute “the authority’s chief executive”
.
The Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007I64
1
Paragraph 12 of Part I (miscellaneous functions) of the table in Schedule 1 (functions not to be the responsibility of an authority’s executive) to the Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 200712 is amended as follows.
2
For the entry in column 1, substitute “Duty to appoint a chief executive, and to provide staff, etc.”
3
For the entry in column 2, substitute “Section 54(1) and (6) of the Local Government and Elections (Wales) Act 2021.”
The Local Authorities (Model Code of Conduct) (Wales) Order 2008I75
In the Local Authorities (Model Code of Conduct) (Wales) Order 200813, in paragraph 8(a)(i) of Part 1 of the Schedule (the model code of conduct), at the end insert “for authorities other than county councils and county borough councils, and the authority’s chief executive if the authority is a county council or county borough council”
.
The Council Tax Reduction Schemes (Detection of Fraud and Enforcement) (Wales) Regulations 2013I86
In the Council Tax Reduction Schemes (Detection of Fraud and Enforcement) (Wales) Regulations 201314, for regulation 3(5)(a) (authorisations by billing authorities) substitute—
a
the chief executive appointed under section 54 of the Local Government and Elections (Wales) Act 2021; or
The Accounts and Audit (Wales) Regulations 2014I97
1
In the Accounts and Audit (Wales) Regulations 201415, regulation 9(8) (declaration of remuneration) is amended as follows.
2
In the definition of “chief executive”—
a
in paragraph (a), omit the words “county council or county borough council,”;
b
after sub-paragraph (a) insert—
aa
in the case of a relevant body which is a county council or county borough council, the chief executive appointed under section 54 of the 2021 Act;
3
in the definition of “senior employee”, for paragraph (a)(i) substitute—
i
in the case of a relevant body other than a county council or county borough council, has been designated as head of paid service under section 4 of that Act, and in the case of a county council or county borough council, has been appointed as chief executive under section 54 of the 2021 Act;
The Prevention of Social Housing Fraud (Detection of Fraud) (Wales) Regulations 2014I108
In the Prevention of Social Housing Fraud (Detection of Fraud) (Wales) Regulations 201416, for regulation 3(5)(a) (authorisation by local authorities) substitute—
a
the officer appointed as chief executive under section 54 of the Local Government and Elections (Wales) Act 2021; or
Transitional provision relating to current officers designated as heads of paid serviceI29
1
The officer designated as the head of the county council or county borough council’s paid service immediately before 5 May 2022 is to be treated as the chief executive appointed under section 54 of the Local Government and Elections (Wales) Act 2021.
2
The officer designated as the head of the county council or county borough council’s paid service immediately before 5 May 2022 is not subject to the appointment process under paragraphs 1 and 2 of Part 1 of Schedule 1 to the Local Authorities (Standing Orders) (Wales) Regulations 2006 for the purposes of paragraph (1).
RevocationI510
Regulation 11 (transitional and consequential provisions) of the Local Authorities (Standing Orders) (Wales) Regulations 2006 is revoked.
(This note is not part of the Regulations)