Version Superseded: 01/07/2014
Point in time view as at 05/05/2010.
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Regulation 5(1) and 6
“1. In this Part–
“the 1989 Act” (“Deddf 1989”) means the Local Government and Housing Act 1989 M1;
“the 2000 Act” (“Deddf 2000”) means the Local Government Act 2000 M2;
“disciplinary action” (“camau disgyblu”) has the same meaning as in the Local Authorities (Standing Orders) (Wales) Regulations 2006;
“elected mayor” (“maer etholedig”) and “executive” (“corff gweithredol”) have the same meaning as in Part II of the 2000 Act;
“member of staff” (“aelod o'r staff”) means a person appointed to or holding a paid office or employment under the authority; and
“proper officer” (“swyddog priodol”) means an officer appointed by the authority for the purposes of the provisions in this Part.
2. Subject to paragraphs 3 and 5, the function of appointment and dismissal of, and taking disciplinary action against, a member of staff of the relevant authority must be discharged, on behalf of the relevant authority, by the officer designated under section 4(1) of the 1989 Act (designation and reports of head of paid service) as the head of the authority's paid service or by an officer nominated by the head of the authority's paid service.
3. Paragraph 2 does not apply to the appointment or dismissal of, or disciplinary action against–
(a)the officer designated as the head of the authority's paid service;
(b)a statutory chief officer within the meaning of section 2(6) of the 1989 Act M3 (politically restricted posts);
(c)a non-statutory chief officer within the meaning of section 2(7) of the 1989 Act;
(d)a deputy chief officer within the meaning of section 2(8) of the 1989 Act;
(e)a person appointed in pursuance of section 9 of the 1989 Act M4 (assistants for political groups);
(f)a person appointed in pursuance of regulations under paragraph 6 of Schedule 1 to the 2000 Act (mayor's assistant); or
(g)a person to whom regulations made under section 35(4) and (5) (provision with respect to the appointment, discipline, suspension and dismissal of teachers and other staff of schools employed by the [F1local authority]) of the Education Act 2002 M5 apply.
4.—(1) Where a committee, sub-committee or officer is discharging, on behalf of the relevant authority, the function of the appointment or dismissal of an officer designated as the head of the authority's paid service, the relevant authority must approve that appointment before an offer of appointment is made or, as the case may be, must approve that dismissal before notice of dismissal is given.
(2) Where a committee or a sub-committee of the relevant authority is discharging, on behalf of the relevant authority, the function of the appointment or dismissal of any officer referred to in sub-paragraphs (a), (b), (c) or (d) of paragraph 3–
(a)at least one member of the executive must be a member of that committee or sub-committee; and
(b)not more than half the members of that committee or sub-committee are to be members of the executive of the relevant authority.
5. Nothing in paragraph 2 prevents a person from serving as a member of any committee or sub-committee established by the relevant authority to consider an appeal by a member of staff of the relevant authority against any decision relating to the dismissal of, or taking disciplinary action against, that member of staff.”
Textual Amendments
F1Words in Sch. 3 Pt. 1 para. 3(g) substituted (5.5.2010) by The Local Education Authorities and Childrens Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), Sch. 2 para. 18(2)
Marginal Citations
M3Section 2(6) was amended by paragraph 95 of Schedule 37 to the Education Act 1996 (c. 56), paragraph 3(a), (b) and (c) of Schedule 2 to the Children Act 2004 (c. 31), and Schedule 2 to the Fire and Rescue Services Act 2004 (c. 21).
M4There are amendments to section 9 which are not relevant to these Regulations.
“1. In this Part–
“the 1989 Act” (“Deddf 1989”) means the Local Government and Housing Act 1989 M6;
“the 2000 Act” (“Deddf 2000”) means the Local Government Act 2000 M7;
“disciplinary action” (“camau disgyblu”) has the same meaning as in the Local Authorities (Standing Orders) (Wales) Regulations 2006;
“executive” (“corff gweithedol”) and “executive leader” (“arweinydd gwreithredol”) have the same meaning as in Part II of the 2000 Act;
“member of staff” (“aelod o'r staff”) means a person appointed to or holding a paid office or employment under the authority; and
“proper officer” (“swyddog priodol”) means an officer appointed by the authority for the purposes of the provisions in this Part.
2. Subject to paragraphs 3 and 5, the function of appointment and dismissal of, and taking disciplinary action against, a member of staff of the relevant authority must be discharged, on behalf of the relevant authority, by the officer designated under section 4(1) of the 1989 Act (designation and reports of head of paid service) as the head of the authority's paid service or by an officer nominated by the head of the authority's paid service.
3. Paragraph 2 does not apply to the appointment or dismissal of, or disciplinary action against–
(a)the officer designated as the head of the authority's paid service;
(b)a statutory chief officer within the meaning of section 2(6) of the 1989 Act M8 (politically restricted posts);
(c)a non-statutory chief officer within the meaning of section 2(7) of the 1989 Act;
(d)a deputy chief officer within the meaning of section 2(8) of the 1989 Act;
(e)a person appointed in pursuance of section 9 of the 1989 Act M9 (assistants for political groups); or
(f)a person to whom regulations made under section 35(4) and (5) (provision with respect to the appointment, discipline, suspension and dismissal of teachers and other staff of schools employed by the [F2local authority]) of the Education Act 2002 M10 apply.
4.—(1) Where a committee, sub-committee or officer is discharging, on behalf of the relevant authority, the function of the appointment or dismissal of an officer designated as the head of the authority's paid service, the relevant authority must approve that appointment before an offer of appointment is made or, as the case may be, must approve that dismissal before notice of dismissal is given.
(2) Where a committee or a sub-committee of the relevant authority is discharging, on behalf of the relevant authority, the function of the appointment or dismissal of any officer referred to in sub-paragraph (a), (b), (c) or (d) of paragraph 3–
(a)at least one member of the executive must be a member of that committee or sub-committee; and
(b)not more than half of the members of that committee or sub-committee are to be members of the executive of the relevant authority.
5. Nothing in paragraph 2 prevents a person from serving as a member of any committee or sub-committee established by the relevant authority to consider an appeal by–
(a)another person against any decision relating to the appointment of that other person as a member of staff of the relevant authority; or
(b)a member of staff of the relevant authority against any decision relating to the dismissal of, or taking disciplinary action against, that member of staff.”
Textual Amendments
F2Words in Sch. 3 Pt. 2 para. 3(f) substituted (5.5.2010) by The Local Education Authorities and Childrens Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), Sch. 2 para. 18(2)
Marginal Citations
M8Section 2(6) was amended by paragraph 95 of Schedule 37 to the Education Act 1996 (c. 56), paragraph 3(a), (b) and (c) of Schedule 2 to the Children Act 2004 (c. 31), and Schedule 2 to the Fire and Rescue Services Act 2004 (c. 21).
M9There are amendments to section 9 which are not relevant to these Regulations.
“1. In this Part–
“the 2000 Act” (“Deddf 2000”) means the Local Government Act 2000 M11;
“council manager” (“reolwr cyngor”) has the same meaning as in section 11(4)(b) of the 2000 Act;
“disciplinary action” (“camau disgyblu”) has the same meaning as in the Local Authorities (Standing Orders) (Wales) Regulations 2006; and
“member of staff” (“aelod o'r staff”) means a person appointed to or holding a paid office or employment under the relevant authority.
2. Subject to paragraphs 3 and 4, the function of appointment and dismissal of, and taking disciplinary action against, a member of staff of the relevant authority must be discharged, on behalf of the relevant authority, by the council manager or by an officer nominated by the council manager.
3. Paragraph 2 does not apply to the appointment or dismissal of, or disciplinary action against–
(a)the council manager M12;
(b)a person appointed in pursuance of section 9 of the Local Government and Housing 1989 Act M13 (assistants for political groups);
(c)a person appointed in pursuance of regulations under paragraph 6 of Schedule 1 to the 2000 Act (mayor's assistant); or
(d)a person to whom regulations made under section 35(4) and (5) (provision with respect to the appointment, discipline, suspension and dismissal of teachers and other staff of schools employed by the [F3local authority]) of the Education Act 2002 M14 apply.
4. Nothing in paragraph 2 prevents a person from serving as a member of any committee or sub-committee established by the relevant authority to consider an appeal by a member of staff of the relevant authority against any decision relating to the dismissal or, or taking disciplinary action against, that member of staff.”
Textual Amendments
F3Words in Sch. 3 Pt. 3 para. 3(d) substituted (5.5.2010) by The Local Education Authorities and Childrens Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), Sch. 2 para. 18(2)
Marginal Citations
M12The council manager is appointed to the executive by the authority. See section 11(4)(b) and (10) of the 2000 Act.
M131989 c. 42. There are amendments to section 9 which are not relevant to these Regulations.
“1. In this Part–
“the 1989 Act” (“Deddf 1989”) means the Local Government and Housing Act 1989 M15;
“disciplinary action” (“camau disgyblu”) has the same meaning as in the Local Authorities (Standing Orders) (Wales) Regulations 2006; and
“member of staff” (“aelod o'r staff”) means a person appointed to or holding a paid office or employment under the authority.
2. Subject to paragraphs 3 and 5, the function of appointment and dismissal of, and taking disciplinary action against, a member of staff of the relevant authority must be discharged, on behalf of the relevant authority, by the officer designated under section 4(1) of the 1989 Act (designation and reports of head of paid service) as the head of the authority's paid service or by an officer nominated by the head of the authority's service.
3. Paragraph 2 does not apply to the appointment or dismissal of, or disciplinary action against–
(a)the officer designated as the head of the authority's paid service;
(b)a statutory chief officer within the meaning of section 2(6) of the 1989 Act M16 (politically restricted posts);
(c)a non-statutory chief officer within the meaning of section 2(7) of the 1989 Act;
(d)a deputy chief officer within the meaning of section 2(8) of the 1989 Act;
(e)a person appointed in pursuance of section 9 of the 1989 Act M17 (assistants for political groups); or
(f)a person to whom regulations made under section 35(4) and (5) (provision with respect to the appointment, discipline, suspension and dismissal of teachers and other staff of schools employed by the [F4local authority]) of the Education Act 2002 M18 apply.
4. Where a committee, sub-committee or officer is discharging, on behalf of the relevant authority, the function of the appointment or dismissal of an officer designated as the head of the authority's paid service, the relevant authority must approve that appointment before an offer of appointment is made or, as the case may be, must approve that dismissal before notice of dismissal is given.
5. Nothing in paragraph 2 prevents a person from serving as a member of any committee or sub-committee established by the relevant authority to consider an appeal by a member of staff of the relevant authority against any decision relating to the dismissal of, or taking disciplinary action against, that member of staff.”
Textual Amendments
F4Words in Sch. 3 Pt. 4 para. 3(f) substituted (5.5.2010) by The Local Education Authorities and Childrens Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), Sch. 2 para. 18(2)
Marginal Citations
M16Section 2(6) was amended by paragraph 95 of Schedule 37 to the Education Act 1996 (c. 56), paragraph 3(a), (b) and (c) of Schedule 2 to the Children Act 2004 (c. 31), and Schedule 2 to the Fire and Rescue Services Act 2004 (c. 21).
M17There are amendments to section 9 which are not relevant to these Regulations.
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