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The Local Authorities (Standing Orders) (Wales) Regulations 2006
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Changes over time for: SCHEDULE 4
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Changes and effects yet to be applied to Schedule 4:
- Sch. 4 coming into force by S.I. 2006/1275 reg. 1(1)
Regulation 8
SCHEDULE 4E+WPROVISIONS TO BE INCORPORATED IN STANDING ORDERS IN RESPECT OF DISCIPLINARY ACTION
“1. In paragraph 2, “chief finance officer” (“prif swyddog cyllid”),F1... “disciplinary action” (“camau disgyblu”), [F2 “chief executive” (“prif weithredwr”)] [F3, “monitoring officer” (“swyddog monitro”) and “head of democratic services” (“pennaeth gwasanaethau democrataidd”)], have the same meaning as in regulation 2 of the Local Authorities (Standing Orders) (Wales) Regulations 2006 and “designated independent person” (“person annibynnol dynodedig”) has the same meaning as in regulation 9 of those Regulations.
2.— [F4(1)] No disciplinary action (other than action to which paragraph 3 applies) in respect of [F5the authority’s chief executive] F6..., its monitoring officer [F7, its chief finance officer, its head of democratic services or any officer referred to in sub-paragraph (2)], may be taken by the relevant authority, or by a committee, a sub-committee, a joint committee on which the relevant authority is represented or any other person acting on behalf of the relevant authority, other than in accordance with a recommendation in a report made by a designated independent person under regulation 9 of the Local Authorities (Standing Orders) (Wales) Regulations 2006 (investigation of alleged misconduct).
[F8(2) An officer in relation to whom disciplinary action is proposed where—
(a)the officer was, but at the time of the proposed disciplinary action no longer is, an officer referred to in sub-paragraph (1); and
(b)the alleged misconduct or, as the case may be, the reason for the proposal for dismissal, occurred during the period when the officer was an officer referred to in sub-paragraph (1).]
3. The action to which this paragraph applies is suspension of the officer for the purpose of investigating the alleged misconduct occasioning the action; provided such suspension is on full pay and terminates no later than the expiry of two months beginning on the day on which the suspension takes effect.”
Textual Amendments
F1Words in Sch. 4 para. 1 omitted (1.7.2014) by virtue of The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014 (S.I. 2014/1514), regs. 1(2), 11(1)(a) (with reg. 12)
F2Words in Sch. 4 para. 1 substituted (5.5.2022) by The Local Government and Elections (Wales) Act 2021 (Consequential Amendments and Transitional Provision) (Chief Executives) Regulations 2022 (S.I. 2022/355), regs. 1(2), 3(8)(a) (with reg. 9)
F3Words in Sch. 4 para. 1 substituted (1.7.2014) by The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014 (S.I. 2014/1514), regs. 1(2), 11(1)(b) (with reg. 12)
F4 Sch. 4 para. 2 renumbered as Sch. 4 para. 2(1) (1.7.2014) by The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014 (S.I. 2014/1514), regs. 1(2), 11(2)(a) (with reg. 12)
F5Words in Sch. 4 para. 2(1) substituted (5.5.2022) by The Local Government and Elections (Wales) Act 2021 (Consequential Amendments and Transitional Provision) (Chief Executives) Regulations 2022 (S.I. 2022/355), regs. 1(2), 3(8)(b) (with reg. 9)
F6Words in Sch. 4 para. 2(1) omitted (1.7.2014) by virtue of The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014 (S.I. 2014/1514), regs. 1(2), 11(2)(b)(i) (with reg. 12)
F7Words in Sch. 4 para. 2(1) substituted (1.7.2014) by The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014 (S.I. 2014/1514), regs. 1(2), 11(2)(b)(ii) (with reg. 12)
F8Sch. 4 para. 2(2) inserted (1.7.2014) by The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014 (S.I. 2014/1514), regs. 1(2), 11(2)(c) (with reg. 12)
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