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Local Government (Wales) Measure 2011

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This is the original version (as it was originally enacted).

9Democratic services functions

Explanatory NotesShow EN

(1)The functions of the head of democratic services are—

(a)to provide support and advice to the authority in relation to its meetings, subject to subsection (2);

(b)to provide support and advice to committees of the authority (other than the committees mentioned in paragraph (e)) and the members of those committees, subject to subsection (2);

(c)to provide support and advice to any joint committee which a local authority is responsible for organising and the members of that committee, subject to subsection (2);

(d)to promote the role of the authority’s overview and scrutiny committee or committees;

(e)to provide support and advice to—

(i)the authority’s overview and scrutiny committee or committees and the members of that committee or those committees, and

(ii)the authority’s democratic services committee and the members of that committee;

(f)to provide support and advice in relation to the functions of the authority’s overview and scrutiny committee or committees to each of the following—

(i)members of the authority;

(ii)members of the executive of the authority;

(iii)officers of the authority;

(g)to provide support and advice to each member of the authority in carrying out the role of member of the authority, subject to subsection (3);

(h)to make reports and recommendations in respect of any of the following—

(i)the number and grades of staff required to discharge democratic services functions;

(ii)the appointment of staff to discharge democratic services functions;

(iii)the organisation and proper management of staff discharging democratic services functions;

(i)such other functions as may be prescribed.

(2)The references to “advice” in paragraphs (a) to (c) do not include advice about whether or how the authority’s functions should be, or should have been, exercised.

(3)The following kinds of support and advice are not to be considered as support and advice for the purposes of subsection (1)(g)—

(a)support and advice to a member of the authority in discharging that member’s functions as part of the executive of the authority (except as provided for under subsection (1)(f));

(b)advice about whether or how the authority’s functions should be, or should have been, exercised in relation to any matter under consideration, or to be considered, at a meeting of the authority, a committee referred to in subsection (1)(b) or a joint committee which a local authority is responsible for organising.

(4)Nothing in subsection (1)(h) affects the duty of the head of paid service in section 4(2) of the Local Government and Housing Act 1989.

(5)In this section, references to a committee (or joint committee) include references to any sub-committee of that committee.

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