# Local Government and Elections (Wales) Act 2021, Paragraph 1


(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Source: https://www.legislation.gov.uk/asc/2021/1/schedule/12/paragraph/1 (the official version)
Page: https://openlegislation.uk/local-government-and-elections-wales-act-2021/schedule-12/paragraph-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.