National Assembly for Wales (Remuneration) Measure 2010

(introduced by section 4)

SCHEDULE 1 DISQUALIFICATION FROM MEMBERSHIP OF THE BOARD

1 The following persons are disqualified from being members of the Board—

(a) an Assembly member,

(b) the Counsel General (if not an Assembly member),

(c) a candidate for election as an Assembly member,

(d) a person whose name could, if the seat of a regional Assembly member became vacant, be required to be notified to the Presiding Officer under section 11 of the Act (electoral region vacancies),

(e) a member of the European Parliament, House of Commons, House of Lords, Scottish Parliament or Northern Ireland Assembly,

(f) a member of the staff of the Assembly,

(g) a member of the staff of the Welsh Assembly Government,

(h) a person employed by an Assembly member or by a group of Assembly members for the purpose of assisting that member or the members of that group to perform the functions of an Assembly member,

(i) the Auditor General for Wales,

(j) the National Assembly for Wales Commissioner for Standards,

(k) a member of the Assembly Commission Corporate Governance Committee,

(l) a person holding the appointment of Independent Adviser to the Assembly Commission,

(m) a person who was a member of either of the panels appointed by the Assembly Commission to review the pay and allowances of Assembly members in pursuance of the Assembly Commission's resolutions of 4 July 2007 and 8 May 2008,

(n) a person holding the appointment of Non-Executive Director of the Welsh Assembly Government.

2 For the purposes of paragraph 1(c) a person becomes a candidate for election as an Assembly member—

(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 an Assembly 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 subsection (3) of that section are to be disregarded.

(introduced by section 6(3))

SCHEDULE 2 APPOINTMENT 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 Assembly's website and continue to be so published whilst the process of selecting a person for that appointment is taking place.

5 The Assembly 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 Assembly Commission that the person in question is disqualified from membership of the Board under section 4.

(introduced by section 16)

SCHEDULE 3 AMENDMENTS 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.”.