{
  "url": "https://openlegislation.uk/local-government-and-elections-wales-act-2021/schedule-12/paragraph-1",
  "json_url": "https://openlegislation.uk/local-government-and-elections-wales-act-2021/schedule-12/paragraph-1.json",
  "legislation": "asc/2021/1",
  "legislation_title": "Local Government and Elections (Wales) Act 2021",
  "legislation_url": "https://openlegislation.uk/local-government-and-elections-wales-act-2021",
  "path": "schedule/12/paragraph/1",
  "kind": "paragraph",
  "number": "1",
  "heading": null,
  "text": "(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—\n(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;\n(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.\n(2) The restricted activities are—\n(a) making a relevant land acquisition or disposal;\n(b) entering into a relevant contract or agreement;\n(c) making a relevant capital acquisition;\n(d) giving a relevant grant or other financial assistance;\n(e) making a relevant loan;\n(f) including an amount of financial reserves in a calculation under section 32 of the Local Government Finance Act 1992 (c. 14);\n(g) starting the process of recruiting (including by way of internal recruitment)—\n(i) a non-statutory chief officer mentioned in section 2(7) of the Local Government and Housing Act 1989 (c. 42);\n(ii) a deputy chief officer mentioned in section 2(8) of that Act.\n(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.\n(4) “Restricted post”, in relation to a merging council or restructuring council, means—\n(a) its chief executive appointed under section 54;\n(b) its monitoring officer designated under section 5(1) of the Local Government and Housing Act 1989;\n(c) a statutory chief officer mentioned in section 2(6) of that Act;\n(d) its head of democratic services designated under section 8(1) of the 2011 Measure.\n(5) A merging council or restructuring council given a direction under sub-paragraph (1) must—\n(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;\n(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).\n(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.\n(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(8) A direction given under this paragraph takes effect from the date specified.\n(9) In this paragraph, “specified” means specified in a direction given under this paragraph.\n(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 12 para. 1(7) omitted (1.4.2025) by virtue of Elections and Elected Bodies (Wales) Act 2024 (asc 5), s. 72(4), Sch. 1 para. 15(10); S.I. 2024/1337, art. 3(e)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Sch. 12 para. 1(10) omitted (5.5.2022) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 5 para. 20; S.I. 2021/231, art. 6(s)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 12 para. 1 in force at 21.1.2021 for specified purposes, see s. 175(1)(f)(2)(b)(ii)(m)(7)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "Sch. 12 para. 1 in force at 1.4.2021 in so far as not already in force by S.I. 2021/297, art. 2(j)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asc/2021/1/schedule/12/paragraph/1",
    "retrieved_at": "2026-10-29T20:17:57.648401+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}