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Local Government (Wales) Act 2015
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Local Government (Wales) Act 2015, Section 40 is up to date with all changes known to be in force on or before 12 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- s. 40 omitted by 2024 asc 5 Sch. 1 para. 14(b)
40Changes to duty to have regard to Panel recommendations about salariesE+W
This section has no associated Explanatory Notes
(1)Section 143A of the Local Government (Wales) Measure 2011 (functions of Panel in relation to salaries of heads of paid service) is amended as follows.
(2)After subsection (3) insert—
“(3A)But a qualifying relevant authority that has consulted the Panel about a proposed reduction in salary may make the reduction before receiving a recommendation from the Panel if the contract under which the salary is payable does not prevent the authority from changing the salary after receiving a recommendation.
(3B)A qualifying relevant authority that makes a change to the salary 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 salary, and
(b)when doing so, must have regard to the recommendation.”
(3)After subsection (4) insert—
“(4A)The Panel must notify the Welsh Ministers of every recommendation it makes under this section.”
(4)After subsection (5) insert—
“(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 salary 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 salary 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 salary means that the authority will pay (or, under subsection (3A), is paying) a salary which is inconsistent with the recommendation, the Welsh Ministers—
(a)may direct the authority to reconsider the salary, and
(b)may specify in the direction the time by which the authority must do so.”
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