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Regulation 5(1) and 6

SCHEDULE 3E+WPROVISIONS TO BE INCORPORATED IN STANDING ORDERS RELATING TO STAFF

PART 1 E+WAuthority with Mayor and Cabinet Executive

 

“1.  In this Part–

“the 1989 Act” (“Deddf 1989”) means the Local Government and Housing Act 1989 M1;

“the 2000 Act” (“Deddf 2000”) means the Local Government Act 2000 M2;

“disciplinary action” (“camau disgyblu”) has the same meaning as in the Local Authorities (Standing Orders) (Wales) Regulations 2006;

“elected mayor” (“maer etholedig”) and “executive” (“corff gweithredol”) have the same meaning as in Part II of the 2000 Act;

“member of staff” (“aelod o'r staff”) means a person appointed to or holding a paid office or employment under the authority; and

“proper officer” (“swyddog priodol”) means an officer appointed by the authority for the purposes of the provisions in this Part.

2.  Subject to paragraphs 3 and 5, the function of appointment and dismissal of, and taking disciplinary action against, a member of staff of the relevant authority must be discharged, on behalf of the relevant authority, by [F1the person appointed as the authority’s chief executive or by an officer nominated by the authority’s chief executive].

3.—[F2(1)]  Paragraph 2 does not apply to the appointment or dismissal of, or disciplinary action against–

[F3(a)the person appointed as the authority’s chief executive;]

(b)a statutory chief officer within the meaning of section 2(6) of the 1989 Act M3 (politically restricted posts);

(c)a non-statutory chief officer within the meaning of section 2(7) of the 1989 Act;

(d)a deputy chief officer within the meaning of section 2(8) of the 1989 Act;

(e)a person appointed in pursuance of section 9 of the 1989 Act M4 (assistants for political groups);

(f)a person appointed in pursuance of regulations under paragraph 6 of Schedule 1 to the 2000 Act (mayor's assistant); or

(g)a person to whom regulations made under section 35(4) and (5) (provision with respect to the appointment, discipline, suspension and dismissal of teachers and other staff of schools employed by the [F4local authority]) of the Education Act 2002 M5 apply;

[F5(h)the officer designated as the authority’s monitoring officer; or

(i)the officer designated as the authority’s head of democratic services.]

[F6(2) Paragraph 2 does not apply to the dismissal of, or disciplinary action against, an officer in relation to whom disciplinary action is proposed—

(a)who was, but at the time of the proposed disciplinary action no longer is, an officer referred to in paragraph 3(1)(a) to (i); and

(b)where the alleged misconduct, or, as the case may be, the reason for the proposal for dismissal, occurred during the period when the officer was an officer referred to in paragraph 3(1)(a) to (i).]

4.—(1) Where a committee, sub-committee or officer is discharging, on behalf of the relevant authority, the function of the appointment or dismissal of [F7a person appointed as the authority’s chief executive], the relevant authority must approve that appointment before an offer of appointment is made or, as the case may be, must approve that dismissal before notice of dismissal is given.

(2) Where a committee or a sub-committee of the relevant authority is discharging, on behalf of the relevant authority, the function of the appointment or dismissal of any officer referred to in sub-paragraphs (a), (b), (c)[F8, (d), (h), or (i) of paragraph 3(1) or the function of dismissal of any officer referred to in paragraph 3(2)]–

(a)at least one member of the executive must be a member of that committee or sub-committee; and

(b)not more than half the members of that committee or sub-committee are to be members of the executive of the relevant authority.

5.  Nothing in paragraph 2 prevents a person from serving as a member of any committee or sub-committee established by the relevant authority to consider an appeal by a member of staff of the relevant authority against any decision relating to the dismissal of, or taking disciplinary action against, that member of staff.

[F96.  The relevant authority must determine the level, and any change in the level, of the remuneration to be paid to a chief officer.”]

Textual Amendments

F2 Sch. 3 Pt. 1 para. 3 renumbered as Sch. 3 Pt. 1 para. 3(1) (1.7.2014) by The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014 (S.I. 2014/1514), regs. 1(2), 10(1)(a) (with reg. 12)

Marginal Citations

M3Section 2(6) was amended by paragraph 95 of Schedule 37 to the Education Act 1996 (c. 56), paragraph 3(a), (b) and (c) of Schedule 2 to the Children Act 2004 (c. 31), and Schedule 2 to the Fire and Rescue Services Act 2004 (c. 21).

M4There are amendments to section 9 which are not relevant to these Regulations.

PART 2E+WAuthority with Leader and Cabinet Executive

 

“1.  In this Part–

“the 1989 Act” (“Deddf 1989”) means the Local Government and Housing Act 1989 M6;

“the 2000 Act” (“Deddf 2000”) means the Local Government Act 2000 M7;

“disciplinary action” (“camau disgyblu”) has the same meaning as in the Local Authorities (Standing Orders) (Wales) Regulations 2006;

“executive” (“corff gweithedol”) and “executive leader” (“arweinydd gwreithredol”) have the same meaning as in Part II of the 2000 Act;

“member of staff” (“aelod o'r staff”) means a person appointed to or holding a paid office or employment under the authority; and

“proper officer” (“swyddog priodol”) means an officer appointed by the authority for the purposes of the provisions in this Part.

2.  Subject to paragraphs 3 and 5, the function of appointment and dismissal of, and taking disciplinary action against, a member of staff of the relevant authority must be discharged, on behalf of the relevant authority, by [F10the person appointed as the authority’s chief executive or by an officer nominated by the authority’s chief executive].

3.— [F11(1)]  Paragraph 2 does not apply to the appointment or dismissal of, or disciplinary action against–

[F12(a)the person appointed as the authority’s chief executive;]

(b)a statutory chief officer within the meaning of section 2(6) of the 1989 Act M8 (politically restricted posts);

(c)a non-statutory chief officer within the meaning of section 2(7) of the 1989 Act;

(d)a deputy chief officer within the meaning of section 2(8) of the 1989 Act;

(e)a person appointed in pursuance of section 9 of the 1989 Act M9 (assistants for political groups); or

(f)a person to whom regulations made under section 35(4) and (5) (provision with respect to the appointment, discipline, suspension and dismissal of teachers and other staff of schools employed by the [F13local authority]) of the Education Act 2002 M10 apply;

[F14(g)the officer designated as the authority’s monitoring officer;

(h)the officer designated as the authority’s head of democratic services.]

[F15(2) Paragraph 2 does not apply to dismissal of, or disciplinary action against, an officer in relation to whom disciplinary action is proposed—

(a)who was, but at the time of the proposed disciplinary action no longer is, an officer referred to in paragraph 3(1)(a) to (h); and

(b)where the alleged misconduct, or, as the case may be, the reason for the proposal for dismissal, occurred during the period when the officer was an officer referred to in paragraph 3(1)(a) to (h).]

4.—(1) Where a committee, sub-committee or officer is discharging, on behalf of the relevant authority, the function of the appointment or dismissal of [F16a person appointed as the authority’s chief executive], the relevant authority must approve that appointment before an offer of appointment is made or, as the case may be, must approve that dismissal before notice of dismissal is given.

(2) Where a committee or a sub-committee of the relevant authority is discharging, on behalf of the relevant authority, the function of the appointment or dismissal of any officer referred to in sub-paragraph (a), (b), (c)[F17, (d), (g), or (h) of paragraph 3(1) or the function of dismissal of any officer referred to in paragraph 3(2)]–

(a)at least one member of the executive must be a member of that committee or sub-committee; and

(b)not more than half of the members of that committee or sub-committee are to be members of the executive of the relevant authority.

5.  Nothing in paragraph 2 prevents a person from serving as a member of any committee or sub-committee established by the relevant authority to consider an appeal by–

(a)another person against any decision relating to the appointment of that other person as a member of staff of the relevant authority; or

(b)a member of staff of the relevant authority against any decision relating to the dismissal of, or taking disciplinary action against, that member of staff.

[F186.  The relevant authority must determine the level, and any change in the level, of the remuneration to be paid to a chief officer.”]

Textual Amendments

F11 Sch. 3 Pt. 2 para. 3 renumbered as Sch. 3 Pt. 2 para. 3(1) (1.7.2014) by The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014 (S.I. 2014/1514), regs. 1(2), 10(2)(a) (with reg. 12)

Marginal Citations

M8Section 2(6) was amended by paragraph 95 of Schedule 37 to the Education Act 1996 (c. 56), paragraph 3(a), (b) and (c) of Schedule 2 to the Children Act 2004 (c. 31), and Schedule 2 to the Fire and Rescue Services Act 2004 (c. 21).

M9There are amendments to section 9 which are not relevant to these Regulations.

F19PART 3E+WAuthority with Mayor and Council Manager Executive

Textual Amendments

F19E+W

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F20PART 4E+WAuthority Operating Alternative Arrangements

Textual Amendments

F20E+W

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