Local Government (Wales) Measure 2011

142 Functions relating to payments to members W

(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[F1 or 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.

[F2 (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

F1 Words in s. 142(4) inserted (30.9.2013) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 62(a), 75(2)(d)

F2 S. 142(5A) inserted (30.9.2013) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 62(b), 75(2)(d)

Modifications etc. (not altering text)

C1 S. 142 modified (3.12.2021) by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349), regs. 1(2), 4(1)(a)

Commencement Information

I1 S. 142 in force for specified purposes at 31.8.2011 by S.I. 2011/2011, art. 2(c)

I2 S. 142 in force at 30.4.2012 in so far as not already in force by S.I. 2012/1187, art. 2(2)(a)