National Assembly for Wales (Remuneration) Measure 2010
| Citation | 2010 nawm 4 |
National Assembly for Wales (Remuneration) Measure 2010
2010 nawm 4
A Measure of the National Assembly for Wales to establish a National Assembly for Wales Remuneration Board, to transfer to that Board the functions of making determinations in relation to the remuneration of Assembly members, the First Minister, Welsh Ministers, the Counsel General and Deputy Welsh Ministers, and for connected purposes.
This Measure, passed by the National Assembly for Wales on 26 May 2010 and approved by Her Majesty in Council on 21 July 2010, enacts the following provisions:-
1 National Assembly for Wales Remuneration Board
(1) There is to be a National Assembly for Wales Remuneration Board ("the Board").
(2) The members of the Board are the Chair and four other members.
(3) If there is a vacancy in the office of Chair, or the Chair is unable to act, the other members of the Board may appoint one of their number to be Acting Chair.
(4) The quorum of the Board is three.
(5) The Board may not make any determination under section 20(6), 24(1) or 53(7) of the Act unless the proposal to do so has been approved by at least three members of the Board.
(6) Subject to subsections (4) and (5) and to section 2(2), the Board is to regulate its own procedure.
(7) The validity of the proceedings of the Board is not affected by-
(a) a vacancy among the members, or
(b) a defect in the appointment of a member.
2 Independence, openness and inclusiveness
(1) The Board is not, in the exercise of its functions, to be subject to the direction or control of the Assembly or of the Assembly Commission.
(2) The Board must-
(a) generally act in an open and transparent manner, and
(b) publish on the Assembly's website such information as will enable the public to be kept informed as to its activities.
(3) Subsection (2) does not prevent the Board from considering a matter in private and from maintaining the privacy of its consideration of that matter, if, in the opinion of the Board, the nature of that matter makes it appropriate to do so.
(4) The Board must, before exercising any of its functions, consult those of the following who are likely to be affected, unless the Board considers that there are circumstances that make it inappropriate to do so-
(a) Assembly members,
(b) staff employed by Assembly members (or by groups of Assembly members),
(c) relevant trade unions, and
(d) such other persons as it considers appropriate.
(5) The Board must, when consulting Assembly members, have regard to subsection (1).
3 Functions of the Board
(1) Subject to subsections (3) and (4), the functions of the Board are those conferred on it by sections 20, 22, 24, 53 and 54 of the Act, as amended by this Measure.
(2) The Board must exercise its functions with a view to achieving the objectives of-
(a) providing Assembly members with a level of remuneration which-
(i) fairly reflects the complexity and importance of the functions which they are expected to discharge, and
(ii) does not, on financial grounds, deter persons with the necessary commitment and ability from seeking election to the Assembly,
(b) providing Assembly members with resources which are adequate to enable them to exercise their functions as Assembly members, and
(c) ensuring probity, accountability, value for money and transparency with respect to the expenditure of public funds.
(3) The Board must keep under review the extent to which, having regard to-
(a) experience gained from the operation of the Board's determinations,
(b) changes in the functions of Assembly members, and
(c) any other relevant changes in circumstances,
those determinations appear to be achieving the objectives set out in subsection (2).
(4) The Board may, from time to time, consider any other matter which is relevant to the discharge of its functions, either on its own initiative or at the written request of the Clerk.
4 Disqualification from membership of the Board
Schedule 1 makes provision as to the persons who are disqualified from being members of the Board.
5 Power to amend Schedule 1
(1) This section has effect if the Assembly resolves that Schedule 1 be amended so as to-
(a) add an office or description of person set out in paragraph 1 of that Schedule,
(b) remove such an office or description of person, or
(c) alter the description of such an office or person.
(2) The Counsel General may, by order, amend Schedule 1 so as to give effect to such a resolution.
(3) The power to make an order under subsection (2) is exercisable by statutory instrument.
(4) The Counsel General must, upon being notified in writing by the Presiding Officer that the Assembly has passed a resolution under subsection (1)-
(a) exercise the power conferred by subsection (2), and
(b) do so as soon as is reasonably practicable.
6 Appointment of members of the Board
(1) The Chair and the other members of the Board-
(a) are to be appointed by the Assembly Commission, and
(b) are to hold office for a fixed term of five years from the date of their respective appointments.
(2) No person may be appointed to be a member of the Board if that person has already been appointed to be a member of the Board on two occasions.
(3) Schedule 2 makes further provision about the appointment of members of the Board.
7 Termination of membership of the Board
The Chair or any other member of the Board ceases to hold office-
(a) on expiry of the term for which that person was appointed,
(b) if that person resigns by giving written notice to the Assembly Commission,
(c) if that person becomes disqualified from being a member of the Board, or
(d) if the Assembly so resolves upon a motion proposed on behalf of the Assembly Commission by a member of the Assembly Commission, provided that, if the resolution is passed on a vote, the number of votes cast in favour of the resolution is not less than two thirds of the total number of votes cast.
8 Terms and conditions
(1) The Chair and the other members of the Board are to hold office in accordance with the terms and conditions of their appointment.
(2) Those terms and conditions are to be determined by the Assembly Commission.
(3) The Assembly Commission must pay the Chair and other members of the Board such amounts as they are entitled to receive under those terms and conditions.
9 Administrative support
The Assembly Commission must provide the Board with such administrative support as the Board reasonably requires to enable it to discharge its functions.
10 Meetings of the Board
(1) Subject to subsections (2) and (3) and to section 13(7), (8) and (9) it is for the Board to decide when it is to meet.
(2) The Board must meet at least once in each calendar year.
(3) The Board must, if the Clerk requests it to do so, meet to consider a particular matter or matters relevant to its functions.
(4) A request under subsection (3) must be in writing and must specify the matter or matters in question.
11 Annual report
The Board must, as soon as possible after the end of each financial year, lay before the Assembly an annual report on its activities, including its use of resources, during that financial year.
12 Determinations
(1) Every determination made by the Board under section 20(6), 24(1) or 53(7) of the Act must be in writing.
(2) The Board must communicate its determinations to the Assembly Commission.
(3) The Assembly Commission must, as soon as is reasonably practicable after any determination is made by the Board-
(a) incorporate that determination, together with any other determinations which are to continue in force, into a single document, and
(b) publish that document.
13 Exercise of functions in relation to salaries
(1) Subject to subsection (2), references in this section to a term of the Assembly are to the period which begins on the day on which a poll at an Assembly ordinary general election is held and which ends on the day before the day on which a poll at the next Assembly ordinary general election is held.
(2) If-
(a) an Assembly extraordinary election is held, and
(b) section 5(5) of the Act applies,
then, for the purposes of this section, a term of the Assembly ends on the day before the day on which the poll at that extraordinary general election is held, and the next term of the Assembly begins on the day on which that poll is held.
(3) Subject to subsection (4) the Board may not make more than-
(a) one determination which makes provision under section 20(1) of the Act (payment of salaries to Assembly members), and
(b) one determination which makes...
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