SCHEDULE 12Restraints on transactions and recruitment etc. by merging councils and restructuring councils
Restraining transactions and recruitment etc. by direction
I1I21
1
After receiving a merger application or after giving notice as described in section 129(6), the Welsh Ministers may direct a merging council or restructuring council that—
a
the council must not carry out a restricted activity unless it has considered the opinion of a specified person or persons on the appropriateness of carrying out the activity;
b
the council must not carry out a restricted activity unless the written consent of a specified person or persons has been given for the activity to be carried out.
2
The restricted activities are—
a
making a relevant land acquisition or disposal;
b
entering into a relevant contract or agreement;
c
making a relevant capital acquisition;
d
giving a relevant grant or other financial assistance;
e
making a relevant loan;
f
including an amount of financial reserves in a calculation under section 32 of the Local Government Finance Act 1992 (c. 14);
g
starting the process of recruiting (including by way of internal recruitment)—
i
a non-statutory chief officer mentioned in section 2(7) of the Local Government and Housing Act 1989 (c. 42);
ii
a deputy chief officer mentioned in section 2(8) of that Act.
3
The Welsh Ministers may direct a merging council or restructuring council seeking to appoint or designate a person to a restricted post (including from among its existing officers) to comply with specified requirements about the appointment or designation.
4
“Restricted post”, in relation to a merging council or restructuring council, means—
a
its chief executive appointed under section 54;
b
its monitoring officer designated under section 5(1) of the Local Government and Housing Act 1989;
c
a statutory chief officer mentioned in section 2(6) of that Act;
d
its head of democratic services designated under section 8(1) of the 2011 Measure.
5
A merging council or restructuring council given a direction under sub-paragraph (1) must—
a
provide details of any proposal to carry out a restricted activity to any person or persons specified for the purpose of sub-paragraph (1)(a) or (b) in respect of that activity;
b
provide the Welsh Ministers with details of a proposal to appoint or designate a person to a restricted post where any requirements apply in relation to the appointment or designation by virtue of a direction under sub-paragraph (3).
6
If an opinion given for the purposes of sub-paragraph (1)(a) is that it would not be appropriate for a merging council or restructuring council to carry out a restricted activity but the council decides to carry it out, the council must publish its reasons for making that decision.
7
Where a direction has been given under sub-paragraph (3), section 143A(1)(b) and (3) of the 2011 Measure (recommendations of Independent Remuneration Panel for Wales on remuneration) does not apply to a proposal to provide to the chief executive of a merging council or restructuring council remuneration which is different to that provided to the chief executive's predecessor.
8
A direction given under this paragraph takes effect from the date specified.
9
In this paragraph, “specified” means specified in a direction given under this paragraph.
F110
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