OpenLegislation

Section 8 Head of democratic servicesI1

(1)

A local authority must—

(a)

designate one of its officers to discharge the functions in section 9 (“democratic services functions”);

(b)

provide that officer with such staff, accommodation and other resources as are, in its opinion, sufficient to allow his or her functions to be discharged.

F1(1A)

A local authority must have regard to any guidance issued by the Welsh Ministers about the local authority's function under subsection (1)(b).

(2)

A head of democratic services may arrange for the discharge of democratic services functions by staff provided under this section.

(3)

An officer designated by a local authority under this section is to be known as the head of democratic services.

(4)

A local authority may not designate any of the following under this section—

F2(a)

the authority's chief executive appointed under section 54 of the Local Government and Elections (Wales) Act 2021;

F3(b)

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

(c)

the authority's chief finance officer, within the meaning of F4section 5 of the Local Government and Housing Act 1989.

Annotations

Textual amendments

F1

S. 8(1A) inserted (4.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 161(1), 175(7); S.I. 2021/231, reg. 2(h)

F2

S. 8(4)(a) substituted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 5 para. 13; S.I. 2021/231, art. 6(s)

F3

S. 8(4)(b) omitted (5.5.2022) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), ss. 161(2)(a), 175(7); S.I. 2021/231, art. 6(p)

F4

Words in s. 8(4)(c) substituted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 161(2)(b), 175(7); S.I. 2021/231, art. 6(p)

Commencement

I1

S. 8 in force at 30.4.2012 by S.I. 2012/1187, art. 2(1)(b)