The Local Authorities (Standing Orders) (Wales) Regulations 2006

PART 4 E+W Authority Operating Alternative Arrangements

 

“1.   In this Part–

“the 1989 Act” (“Deddf 1989”) means the Local Government and Housing Act 1989 M1 ;

“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 M2 (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 M3 (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 [F1 local authority]) of the Education Act 2002 M4 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

F1 Words 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

M1 1989 c. 42.

M2 Section 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).

M3 There are amendments to section 9 which are not relevant to these Regulations.

M4 2002 c. 32.