Commentary on Sections Section 40 – Changes to duty to have regard to Panel recommendations about salaries
78.Section 40 amends section 143A of the Local Government (Wales) Measure 2011. That section required principal local authorities, among other authorities, to consult the Panel, and have regard to any recommendation made by the Panel, before making a change to the salary of its head of paid service which was not commensurate with a change to the salary of the authority’s other staff.
79.The amended section 143A will enable a principal local authority that has consulted the Panel about a proposed reduction in salary payable to its head of paid service to implement the reduction in advance of receiving a recommendation regarding the change. But such a reduction in salary may be made only if the contract under which the salary is payable does not prevent the authority from changing the salary following the Panel’s recommendation.
80.Once a recommendation has been received from the Panel, the authority will have to reconsider the salary, having regard to the Panel’s recommendation. The principal authority must notify the Welsh Ministers of any decision they reach in relation to a recommendation from the Panel; and the Welsh Ministers, if they feel the decision is not in keeping with the Panel’s recommendation, may direct the authority to reconsider its decision.