Section 8 Chief executive

(1)

The Commission must employ a chief executive.

(2)

The chief executive is to be appointed by the F1Commission on such terms and conditions as F2it may determine (including conditions as to remuneration, pension, allowances and expenses).

F3(2A)

But if the office of chief executive has been vacant for more than six months, the Welsh Ministers may appoint a chief executive on such terms and conditions as they may determine (including conditions as to remuneration, pension, allowances and expenses).

(3)

Before appointing a chief executive F4under subsection (2A), the Welsh Ministers must consult the Commission.

F5(4)

The chief executive may not be—

(F6a)

a member of a UK legislature;

(F7ba)

a‍ person engaged by a member of‍ a UK legislature, under a contract of service or a contract for services, in connection with the carrying out of the member’s functions;

(bb)

a person engaged by a registered political party under a contract of service or a contract for services;

(bc)

a special advise‍r;

(c)

a member F8or member of staff of a local authority;

F9(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)

a member F10or member of staff of a National Park authority for a National Park in Wales;

(F11ea)

a member or member of staff of a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1);

(eb)

a member or member of staff of a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21), or a scheme to which section 4 of that Act applies;

(f)

a police and crime commissioner for a police area in Wales.

(5)

The Commission must, in exercising its functions under this section, have regard to any guidance issued by the Welsh Ministers.

Annotations

Textual amendments

F1: Word in s. 8(2) substituted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 163(2)(a), 175(7); S.I. 2021/231, reg. 3(a)
F2: Word in s. 8(2) substituted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 163(2)(b), 175(7); S.I. 2021/231, reg. 3(a)
F3: S. 8(2A) inserted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 163(3), 175(7); S.I. 2021/231, reg. 3(a)
F4: Words in s. 8(3) inserted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 163(4), 175(7); S.I. 2021/231, reg. 3(a)
F5: S. 8(4)(5) inserted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 163(5), 175(7); S.I. 2021/231, reg. 3(a)
F6: S. 8(4)(a) substituted (25.6.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4), ss. 14(2)(a), 25(1)(a)
F7: S. 8(4)(ba)-(bc) substituted for s. 8(4)(b) (25.6.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4), ss. 14(2)(b), 25(1)(a)
F8: Words in s. 8(4)(c) inserted (10.9.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 66(3)(a), 72(1)(c)
F9: S. 8(4)(d) omitted (10.9.2024) by virtue of Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 66(3)(b), 72(1)(c)
F10: Words in s. 8(4)(e) inserted (10.9.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 66(3)(c), 72(1)(c)
F11: S. 8(4)(ea)(eb) inserted (10.9.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 66(3)(d), 72(1)(c)

Notes on the whole Act

Textual amendments

F1: Short Title substituted (25.6.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4), ss. 11(1), 25(1)(a)

Notes on Part 2

Textual amendments

F1: Pt. 2 heading substituted (25.6.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4), s. 25(1)(a), Sch. 1 para. 44(3)