Part II General Functions and Procedure

Staff

C172 Head of paid service.

F11

The Mayor and the Assembly, acting jointly, shall appoint a person to be head of the Authority's paid service.

1A

Section 4 of the Local Government and Housing Act 1989 (designation and reports of head of paid service) shall apply in relation to the Authority as if—

a

the person appointed under subsection (1) above were a person designated under subsection (1)(a) of that section;

b

the Authority were a relevant authority for the purposes of that section; and

c

the Mayor and Assembly members were members of that authority.

1B

Any appointment under subsection (1) above is an appointment as an employee of the Authority and—

a

section 7 of the Local Government and Housing Act 1989 (staff to be appointed on merit) shall apply in relation to any such appointment as if the Authority were a local authority;

b

section 8 of that Act (duty to adopt standing orders with respect to staff) shall apply in relation to a person appointed under subsection (1) above as if the Authority were a relevant authority.

1C

The terms and conditions of employment of the person appointed under subsection (1) above (including conditions as to remuneration) are to be such as the Mayor and the Assembly acting jointly think fit.

F32

A person must not at the same time be both—

a

the head of the Authority's paid service appointed under subsection (1) above, and

b

a member of staff appointed under section 67(1) above.

3

In the application of section 4 of the M1Local Government and Housing Act 1989 in relation to the Authority by virtue of F4subsection (1A) above, the following provisions shall have effect.

F54

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5

The duty imposed by subsection (1)(b) (provision of staff, accommodation etc for the head of paid service)—

a

so far as relating to the provision of staff, F6shall be discharged by the head of the Authority's paid service after consultation with the Mayor and the Assembly; and

b

so far as relating to the provision of accommodation or other resources, shall be discharged by the Mayor.

6

Any report prepared under subsection (2) (report by head of paid service) shall be a report to the Mayor and the Assembly.

7

The references to functions in paragraphs (a) and (b) of subsection (3) (matters concerning which proposals may be made in a report under subsection (2)) shall be taken as references to the functions of the Authority, whether exercisable by the Mayor, the Assembly, or the Mayor and Assembly acting jointly.

8

It shall be the duty of the Mayor personally to consider any report to the Mayor and Assembly under subsection (2).

9

The meeting required by subsection (5) to be held to consider any such report shall be a meeting of the Assembly which must not be held until—

a

the Mayor has submitted to the Chair of the Assembly a written statement of his views on the report; or

b

the period of one month has elapsed since copies of the report were first sent to members of the Assembly without the Mayor having submitted any such statement;

and the reference in that subsection to section 101 of the M2Local Government Act 1972 (delegation) shall be taken as a reference to section 54 above.

10

In considering any such report at any such meeting, the Assembly shall take account of any views on the report which have been expressed by the Mayor in a statement submitted under subsection (9)(a) above.

F211

The head of the Authority's paid service may arrange for a member of staff of the Authority, other than a member of staff appointed under section 67(1) above, to exercise on his behalf any function exercisable by the head of paid service under section 67(2) or 70(2) above.