National Assembly for Wales (Remuneration) Measure 2010
2010 nawm 4
A Measure of the National Assembly for Wales to establish a National Assembly for Wales Remuneration Board, to transfer to that Board the functions of making determinations in relation to the remuneration of Assembly members, the First Minister, Welsh Ministers, the Counsel General and Deputy Welsh Ministers, and for connected purposes.
This Measure, passed by the National Assembly for Wales on 26 May 2010 and approved by Her Majesty in Council on 21 July 2010, enacts the following provisions:—
1F5Independent Remuneration Board of the Senedd
1
There is to be a F11board to be known as the Independent Remuneration Board of the Senedd (“the Board”).
2
The members of the Board are the Chair and four other members.
3
If there is a vacancy in the office of Chair, or the Chair is unable to act, the other members of the Board may appoint one of their number to be Acting Chair.
4
The quorum of the Board is three.
5
The Board may not make any determination under section 20(6), 24(1) or 53(7) of the Act unless the proposal to do so has been approved by at least three members of the Board.
6
Subject to subsections (4) and (5) and to section 2(2), the Board is to regulate its own procedure.
7
The validity of the proceedings of the Board is not affected by—
a
a vacancy among the members, or
b
a defect in the appointment of a member.
2Independence, openness and inclusiveness
1
2
The Board must—
a
generally act in an open and transparent manner, and
b
publish on the F4Senedd's website such information as will enable the public to be kept informed as to its activities.
3
Subsection (2) does not prevent the Board from considering a matter in private and from maintaining the privacy of its consideration of that matter, if, in the opinion of the Board, the nature of that matter makes it appropriate to do so.
4
The Board must, before exercising any of its functions, consult those of the following who are likely to be affected, unless the Board considers that there are circumstances that make it inappropriate to do so—
a
F12Members of the Senedd,
c
relevant trade unions, and
d
such other persons as it considers appropriate.
5
The Board must, when consulting F12Members of the Senedd, have regard to subsection (1).
3Functions of the Board
1
Subject to subsections (3) and (4), the functions of the Board are those conferred on it by sections 20, 22, 24, 53 and 54 of the Act, as amended by this Measure.
2
The Board must exercise its functions with a view to achieving the objectives of—
a
providing F20Members of the Senedd with a level of remuneration which—
i
fairly reflects the complexity and importance of the functions which they are expected to discharge, and
ii
does not, on financial grounds, deter persons with the necessary commitment and ability from seeking election to the F22Senedd,
b
c
ensuring probity, accountability, value for money and transparency with respect to the expenditure of public funds.
3
The Board must keep under review the extent to which, having regard to—
a
experience gained from the operation of the Board's determinations,
b
changes in the functions of F20Members of the Senedd, and
c
any other relevant changes in circumstances,
those determinations appear to be achieving the objectives set out in subsection (2).
4
The Board may, from time to time, consider any other matter which is relevant to the discharge of its functions, either on its own initiative or at the written request of the Clerk.
4Disqualification from membership of the Board
Schedule 1 makes provision as to the persons who are disqualified from being members of the Board.
5Power to amend Schedule 1
1
This section has effect if the F3Senedd resolves that Schedule 1 be amended so as to—
a
add an office or description of person set out in paragraph 1 of that Schedule,
b
remove such an office or description of person, or
c
alter the description of such an office or person.
2
The Counsel General may, by order, amend Schedule 1 so as to give effect to such a resolution.
3
The power to make an order under subsection (2) is exercisable by statutory instrument.
4
The Counsel General must, upon being notified in writing by the Presiding Officer that the F3Senedd has passed a resolution under subsection (1)—
a
exercise the power conferred by subsection (2), and
b
do so as soon as is reasonably practicable.
6Appointment of members of the Board
1
The Chair and the other members of the Board—
a
are to be appointed by the F3Senedd Commission, and
b
are to hold office for a fixed term of five years from the date of their respective appointments.
2
No person may be appointed to be a member of the Board if that person has already been appointed to be a member of the Board on two occasions.
3
Schedule 2 makes further provision about the appointment of members of the Board.
7Termination of membership of the Board
The Chair or any other member of the Board ceases to hold office—
a
on expiry of the term for which that person was appointed,
b
if that person resigns by giving written notice to the F3Senedd Commission,
c
if that person becomes disqualified from being a member of the Board, or
8Terms and conditions
1
The Chair and the other members of the Board are to hold office in accordance with the terms and conditions of their appointment.
2
Those terms and conditions are to be determined by the F3Senedd Commission.
3
The F3Senedd Commission must pay the Chair and other members of the Board such amounts as they are entitled to receive under those terms and conditions.
9Administrative support
The F3Senedd Commission must provide the Board with such administrative support as the Board reasonably requires to enable it to discharge its functions.
10Meetings of the Board
1
Subject to subsections (2) and (3) and to section 13(7), (8) and (9) it is for the Board to decide when it is to meet.
2
The Board must meet at least once in each calendar year.
3
The Board must, if the Clerk requests it to do so, meet to consider a particular matter or matters relevant to its functions.
4
A request under subsection (3) must be in writing and must specify the matter or matters in question.
11Annual report
The Board must, as soon as possible after the end of each financial year, lay before the F26Senedd an annual report on its activities, including its use of resources, during that financial year.
12Determinations
1
Every determination made by the Board under section 20(6), 24(1) or 53(7) of the Act must be in writing.
2
The Board must communicate its determinations to the F3Senedd Commission.
3
The F3Senedd Commission must, as soon as is reasonably practicable after any determination is made by the Board—
a
incorporate that determination, together with any other determinations which are to continue in force, into a single document, and
b
publish that document.
13Exercise of functions in relation to salaries
1
Subject to subsection (2), references in this section to a term of the F18Senedd are to the period which begins on the day on which a poll at F21a Senedd ordinary general election is held and which ends on the day before the day on which a poll at the next F18Senedd ordinary general election is held.
2
If—
a
F21a Senedd extraordinary election is held, and
b
section 5(5) of the Act applies,
3
Subject to subsection (4) the Board may not make more than—
a
one determination which makes provision under section 20(1) of the Act (payment of salaries to F19Members of the Senedd), and
b
one determination which makes provision under section 53(1) of the Act (payment of salaries to the First Minister, Welsh Ministers, the Counsel General and Deputy Welsh Ministers),
which is to have effect during each term of the F18Senedd.
4
Subsection (3) does not apply if the Board is of the opinion that there are exceptional circumstances which make it just and reasonable that the restrictions imposed by subsection (3) should not apply.
5
If the Board forms an opinion of the kind referred to in subsection (4) it must state in writing its reasons for having done so, and communicate that statement to the F18Senedd Commission at the same time as the determination to which it relates.
6
7
The Board must, in relation to each term of the F18Senedd, make a determination which makes provision under section 20(1) of the Act and which is to have effect, whenever made, from the beginning of that term.
8
The Board must, in relation to each term of the F18Senedd, make a determination which makes provision under section 53(1) of the Act and which is to have effect, whenever made, from the beginning of that term.
9
The Board must, so far as is reasonably practicable, make the determinations referred to in subsections (7) and (8) before the end of the term of the F18Senedd which precedes that in relation to which they are to have effect but if it fails to do so the F18Senedd Commission must—
a
until such determinations are made, continue to make payments in accordance with the determinations which had effect in relation to that preceding term of the F18Senedd, and
b
when such determinations have been made, adjust any subsequent payments so as to make good any under-payment or recover any over-payment, as the case may be.
14Exercise of functions in relation to reimbursement of costs incurred in employing staff
1
2
If the Board has made a determination which contains any provision to which this section applies, the Board may not, by a subsequent determination, make any modification to that provision in relation to any period before the end of the financial year in relation to which (or to a part of which) that provision first takes effect.
3
Subsection (2) does not apply if the Board is of the opinion that there are exceptional circumstances which make it just and reasonable that the restrictions imposed by subsection (2) should not apply.
4
If the Board forms an opinion of the kind referred to in subsection (3) it must state in writing its reasons for having done so, and communicate that statement to the F25Senedd Commission at the same time as the determination to which it relates.
5
15Exercise of functions: general
1
The Board must, on the first occasion on which it proposes to make a determination in relation to any matter, have regard to the recommendations of the National Assembly for Wales Independent Review Panel on arrangements for the financial support of Assembly members published on the 6th July 2009, so far as those recommendations are relevant to that matter.
2
If, when it makes a determination to which subsection (1) applies, the Board includes in that determination provision which, in any respect, departs from those recommendations, the Board must state in writing its reasons for doing so and communicate that statement to the Assembly Commission at the same time as the determination to which it relates.
3
The Assembly Commission must lay before the Assembly any statement communicated to it under subsection (2) at the same time as it lays before the Assembly the determination to which it relates.
4
Subject to subsection (1) the Board may, when it proposes to make a determination in relation to any matter, have regard to those recommendations insofar as they appear to the Board to continue to be relevant to that matter.
16Amendments to the Government of Wales Act 2006
The Act is amended in accordance with Schedule 3.
F1317Amendment to the Freedom of Information Act 2000
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18Interpretation
In this Measure—
a
“The Act” means the Government of Wales Act 2006 (c.32),
b
any other expressions not otherwise defined in this Measure have the same meaning as in the Act.
19Transitional and saving provision
1
The coming into force of section 16 does not affect any determination or direction made under the provisions of—
a
sections 20, 24 or 53 of the Act, or
b
sections 16, 18 or 34A of the Government of Wales Act 1998 (c.38).
2
Any provision made by such a determination or direction continues in force as if made by the Board under sections 20, 24 or 53 (as the case may be) of the Act as amended by this Measure and any references to the Assembly or to the Assembly Commission in such a determination or direction are, insofar as is necessary to give effect to this subsection, to be construed as references to the Board.
I120Short Title and Commencement
1
This Measure may be referred to as the National Assembly for Wales (Remuneration) Measure 2010.
2
Sections 1, 4, 5, 6, 7, 8, 9, 12, 17, 18 and this section come into force on the day after that on which this Measure is approved by Her Majesty in Council.
3
The remaining provisions of this Measure come into force on the day after that on which notice under subsection (4) is laid before the Assembly.
4
The Clerk must, as soon as is reasonably practicable after the first appointments of a Chair and four other members of the Board have all been made, lay before the Assembly notice of—
a
the fact that the appointments in question have been made,
b
the names of the persons appointed, and
c
the fact that by reason of the laying of the notice all provisions of this Measure, (other than those already in force) will come into force on the day after that on which the notice is laid.
SCHEDULE 1DISQUALIFICATION FROM MEMBERSHIP OF THE BOARD
1
The following persons are disqualified from being members of the Board—
a
F2a Member of the Senedd,
b
the Counsel General (if not F2a Member of the Senedd),
c
a candidate for election as F2a Member of the Senedd,
d
e
a member of the European Parliament, House of Commons, F6... Scottish Parliament or Northern Ireland Assembly,
f
a member of the staff of the F3Senedd,
g
a member of the staff of the Welsh F15... Government,
h
i
the Auditor General for Wales,
j
the F14Senedd Commissioner for Standards,
k
a member of the F3Senedd Commission Corporate Governance Committee,
l
a person holding the appointment of Independent Adviser to the F3Senedd Commission,
F8m
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
n
a person holding the appointment of Non-Executive Director of the Welsh F9... Government.
2
For the purposes of paragraph 1(c) a person becomes a candidate for election as F2a Member of the Senedd—
a
on the day on which that person is declared to be a candidate (whether by the person in question or by others), or
b
on the day on which that person is nominated as a candidate at F10a Senedd election,
whichever is the earlier.
3
When determining, for the purposes of paragraph 1(d), whether the name of a person could be required to be notified to the Presiding Officer under section 11 of the Act, the requirements of paragraphs (b) and (c) of F29subsection (4) of that section are to be disregarded.
SCHEDULE 2APPOINTMENT OF MEMBERS OF THE BOARD
1
The Clerk must make arrangements for selecting candidates for appointment as Chair, and as other members of the Board.
2
Those arrangements may—
a
be revised from time to time, and
b
make different provision for different appointments and for appointments made under different circumstances.
3
The Clerk must ensure that those arrangements—
a
do not involve participation by any person who appears to the Clerk to be likely to be affected by the exercise by the Board of any of its functions, or any person connected with such a person, and
b
subject to sub-paragraph (a), have due regard to the principle that there should be equality of opportunity for all people.
4
The Clerk must not give effect to the arrangements in relation to a particular appointment unless they have first been published on the F16Senedd's website and continue to be so published whilst the process of selecting a person for that appointment is taking place.
5
The F3Senedd Commission must appoint as Chair, or as a member of the Board, as the case may be, any person selected, in accordance with such arrangements, for appointment to that office.
6
Paragraph 5 does not apply if it appears to the F3Senedd Commission that the person in question is disqualified from membership of the Board under section 4.
SCHEDULE 3AMENDMENTS TO THE GOVERNMENT OF WALES ACT 2006
Section 20
1
In section 20(1) for “The Assembly must make provision” substitute “
Provision must be made
”
.
2
In section 20(2) for “The Assembly may make provision” substitute “
Provision may be made
”
.
3
In section 20(3) for “The Assembly may make provision” substitute “
Provision may be made
”
.
4
For section 20(6) substitute—
6
Provision under this section is to be made by determination made by the Board.
5
After section 20(6) insert—
7
The Assembly Commission must give effect to any determination made by the Board under this section.
8
In this section (and in sections 22, 24, 53 and 54) “the Board” means the National Assembly for Wales Remuneration Board established by section 1 of the National Assembly for Wales (Remuneration) Measure 2010 (nawm 4 —).
Section 22
6
In section 22(2) for “The Assembly” substitute “
The Assembly Commission
”
and omit“(and may, in particular, do so by requiring it to be published by the Assembly Commission)”.
7
For section 22(3) substitute—
3
The Assembly Commission must lay before the Assembly every determination made by the Board under section 20(6) as soon as is reasonably practicable after it is made.
Section 24
8
In section 24(1) omit “as the Assembly from time to time determines” and substitute “
as the Board from time to time determines
”
.
9
Omit subsection 24(4).
10
For subsection 24(6) substitute—
6
The Assembly Commission must lay before the Assembly every determination made by the Board under section 24(1) as soon as is reasonably practicable after it is made.
11
After section 24(6) insert—
7
The Assembly Commission must ensure that information concerning the sums paid under this section is published for each financial year.
Section 53
12
In section 53(1) for “The Assembly must make provision” substitute “
Provision must be made
”
.
13
In section 53(2) for “The Assembly may make provision” substitute “
Provision may be made
”
.
14
In section 53(3) for “The Assembly may make provision” substitute “
Provision may be made
”
.
15
For section 53(7) substitute—
7
Provision under this section is to be made by determination made by the Board.
16
After section 53(7) insert—
8
The Assembly Commission must give effect to any determination made by the Board under this section.
Section 54
17
In section 54(2) for “The Assembly” substitute “
The Assembly Commission
”
and omit “(and may, in particular, do so by requiring it to be published by the Assembly Commission)”.
18
For section 54(3) substitute—
3
The Assembly Commission must lay before the Assembly every determination made by the Board under section 53(7) as soon as is reasonably practicable after it is made.