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| |
| |
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| | (h) | publish the response. |
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| | (3) | In this section, an “accepted recommendation” means a recommendation |
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| | submitted to a person covered by subsections (2)(a), (b), (c) or (d), where the |
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| | requirements of subsections (2)(e), (f), (g) or (h) have been satisfied. |
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| | (4) | Subsection (2) will not apply where a recommendation is made which does not |
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| | |
| | (a) | an issue for which the subject of that recommendation is responsible, and |
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| | (b) | an issue which does not affect the inhabitants of the area. |
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| | (5) | An overview and scrutiny committee may require updates to be provided on the |
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| | implementation of an accepted recommendation. |
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| | (6) | Where an overview and scrutiny committee proposes to exercise the powers in |
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| | subsection (5), this requirement must— |
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| | (a) | be set out at the time the recommendation is made under subsection (2), |
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| | (b) | indicate after what period of time an update, or updates, will be required, |
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| | |
| | (c) | specify the format in which the update is to be provided. |
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| | 9FG | Statutory scrutiny officers |
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| | (1) | A local authority must designate one of its officers to discharge the functions in |
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| | |
| | |
| | (a) | to promote the role of overview and scrutiny within the locality, |
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| | (b) | to provide support to the authority’s scrutiny functions, and |
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| | (c) | to provide support and guidance to— |
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| | (i) | members of the authority, |
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| | (ii) | such persons who are not members of the authority but who sit |
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| | on an overview and scrutiny committee or committees, |
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| | (iii) | officers of the authority, and |
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| | (iv) | other designated persons, |
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| | | in relation to the authority’s scrutiny function. |
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| | (3) | An officer designated by a local authority under this section is to be known as the |
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| | authority’s “statutory scrutiny officer”. |
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| | (4) | The local authority must provide the scrutiny officer with such staff, |
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| | accommodation and other resources as are, in the officer’s opinion, sufficient to |
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| | allow the officer to discharge the functions in subsection (2). |
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| | (5) | A local authority may not designate any of the following under this section: |
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| | (a) | the head of the authority’s paid service designated under section 4 of the |
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| | Local Government and Housing Act 1989, |
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| | (b) | the authority’s monitoring officer designated under section 5 of that Act, |
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| | |
| | (c) | the authority’s chief finance officer, within the meaning of that section. |
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| | 9FH | Reference by a member of an authority to an overview and scrutiny |
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| | committee (councillor call for action) |
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| | (1) | The constitution of a local authority must include provision which enables any |
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| | member of an overview and scrutiny committee of the authority to refer to the |
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| | committee any matter which is relevant to the functions of the committee. |
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| | (2) | For the purposes of subsection (1), provision enables a person to refer a matter to |
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| | a committee or sub-committee if it enables the person to ensure that the matter is |
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| | included in the agenda for, and discussed at, a meeting of the committee or sub- |
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| | |
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| |
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| | (3) | The scrutiny function must develop and have regard to procedures (“councillor |
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| | call for action procedures”), which should be applied by the relevant scrutiny |
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| | committee, and which ensure that such provision referred to in subsections (1) |
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| | and (2) operate in an effective way. Such provisions should ensure that— |
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| | (a) | reference to committee or sub-committee occurs where other avenues for |
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| | resolution have been exhausted, |
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| | (b) | the matter affects all or part of the electoral area for which the member is |
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| | elected or any person who lives or works in that area, |
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| | (c) | the matter relates to the authority or a designated person, and |
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| | (d) | such a reference is not vexatious, persistent or discriminatory. |
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| | (4) | In reaching its decision under subsection (3), the committee or sub-committee |
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| | should also have regard to— |
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| | (a) | any powers which the member may exercise in relation to the matter by |
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| | virtue of section 236 of the Local Government and Public Involvement |
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| | in Health Act 2007 (exercise of functions by local councillors in |
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| | |
| | (b) | any representations made by the member as to why it would be |
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| | appropriate for the committee or sub-committee to exercise any of its |
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| | powers under section 9F(2) and 9FB in relation to the matter, and |
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| | (c) | the powers under sections 9F and 9FB. |
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| | (5) | Where the committee proposes to refer a matter for discussion under subsections |
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| | (1) and (2) it may have recourse to its powers under sections 9F and 9FB. |
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| | 9FI | Publication of reports, recommendations and responses — confidential and |
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| | |
| | (1) | Schedule 12A of the Local Government Act 1972 shall have effect with regard to |
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| | overview and scrutiny committees. |
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| | (2) | Where publication would involve making public any confidential or exempt |
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| | information, a summary of the document or report shall be produced which omits |
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| | |
| | (3) | Where a witness at an overview and scrutiny committee is asked a question, the |
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| | answer to which would require them to provide information which would, if |
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| | published, be confidential or exempt, they will not be obliged to do so if the |
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| | committee is meeting in public. |
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| | |
| | (a) | “confidential information” has the meaning given by section 100A(3) of |
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| | the Local Government Act 1972 (admission to meetings of principal |
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| | |
| | (b) | “exempt information” has the meaning given by— |
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| | (i) | section 100I of that Act, or in relation to a report or |
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| | recommendations of an overview and scrutiny committee, |
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| | (ii) | a resolution of the overview and scrutiny committee under |
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| | section 100A(4) of the Local Government Act 1972 which |
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| | applies to the proceedings, or part of the proceedings, at any |
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| | meeting of the overview and scrutiny committee at which the |
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| | report is, or recommendations are, considered, and |
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| | (iii) | section 246 of the National Health Service Act 2006.’. |
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| |
| |
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| | |
| Schedule 2, page 191, leave out lines 25 to 30 and insert— |
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| |
| |
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| | ‘(1) | There is a presumption that meetings of a local authority executive, or a |
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| | committee of such an executive, are to be open to the public. |
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| | (2) | A local authority executive, or a committee of such an executive, may decide to |
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| | hold a meeting in private if it thinks that in all the circumstances it would be |
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| | inappropriate to hold that meeting in public.’. |
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| |
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| | |
| Schedule 2, page 191, line 31, leave out ‘prescribed’. |
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| Schedule 2, page 191, line 34, leave out ‘prescribed’. |
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| Schedule 2, page 191, leave out lines 38 and 39. |
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| Schedule 2, page 192, leave out lines 23 to 28. |
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| Schedule 2, page 194, line 27, leave out from beginning to end of line 39 on page |
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| Schedule 2, page 195, line 22, leave out ‘may’ and insert ‘must’. |
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| Schedule 2, page 196, line 43, leave out ‘or requiring’. |
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| Schedule 2, page 196, line 43, leave out ‘operating a mayor and cabinet executive’. |
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| Schedule 2, page 196, line 43, leave out ‘operating a mayor and cabinet executive’ |
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| and insert ‘operating an executive form allowed under section 9C’. |
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| Schedule 2, page 196, line 45, leave out ‘elected mayor’ and insert ‘executive’. |
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| Schedule 2, page 196, line 45, at end insert ‘or elected leader’. |
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| Schedule 2, page 197, line 1, leave out ‘operating a mayor and cabinet executive’. |
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| |
| | |
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| Schedule 2, page 197, line 1, leave out ‘operating a mayor and cabinet executive’ |
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| and insert ‘operating an executive form allowed under section 9C’. |
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| | |
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| Schedule 2, page 197, line 3, leave out ‘elected mayor’ and insert ‘executive’. |
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| |
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| Schedule 2, page 197, line 4, at end insert ‘or elected leader’. |
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| | |
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| Schedule 2, page 197, line 6, leave out ‘elected mayors’ and insert ‘executives’. |
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| |
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| Schedule 2, page 197, line 6, after ‘mayors’, insert ‘or elected leaders’. |
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| | |
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| Schedule 2, page 197, line 17, leave out ‘elected mayor’ and insert ‘executive’. |
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| Schedule 2, page 197, line 17, after ‘mayor’, insert ‘or elected leader’. |
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| | |
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| Schedule 2, page 197, line 23, leave out ‘elected mayor’ and insert ‘executive’. |
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| |
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| Schedule 2, page 197, line 23, after ‘mayor’, insert ‘or elected leader’. |
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| | |
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| Schedule 2, page 198, line 36, leave out ‘elected mayor’ and insert ‘executive’. |
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| |
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| Schedule 2, page 198, line 37, after ‘mayor’, insert ‘or elected leader’. |
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| |
| | |
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| Schedule 2, page 198, line 39, leave out ‘elected mayor’ and insert ‘executive’. |
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| |
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| Schedule 2, page 198, line 39, after ‘mayor’, insert ‘or elected leader’. |
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| Schedule 2, page 198, line 44, leave out from ‘authority’ to ‘and’ in line 48. |
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| Schedule 2, page 198, line 45, after ‘mayor’, insert ‘or elected leader’. |
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| Schedule 2, page 198, leave out lines 46 to 48. |
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| Schedule 2, page 198, line 48, after ‘mayor’, insert ‘or elected leader’. |
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| Schedule 2, page 199, leave out lines 4 to 25. |
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| Schedule 2, page 202, leave out lines 19 and 20. |
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| Schedule 2, page 204, line 17, leave out ‘may’ and insert ‘must’. |
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| Schedule 2, page 206, leave out lines 29 to 31. |
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| Schedule 2, page 210, leave out lines 3 to 25. |
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| Schedule 2, page 210, leave out lines 26 to 47. |
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| Schedule 2, page 212, line 18, leave out from beginning to end of line 31 on page |
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| Schedule 2, page 215, leave out line 8. |
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| Schedule 2, page 215, leave out line 12. |
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| Clause 16, page 15, line 44, leave out ‘may’ and insert ‘must’. |
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| | |
| Clause 21, page 18, line 28, after ‘statement’, insert ‘and a low pay policy |
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| | |
| Clause 21, page 18, line 31, at end insert— |
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| | ‘(2A) | A low pay policy statement for a financial year must set out the authority’s |
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| | policies for the financial year relating to the remuneration of its lowest paid |
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| | |
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| | |
| Clause 21, page 18, line 32, leave out ‘The statement’ and insert ‘The senior pay |
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| |
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| | |
| Clause 21, page 19, line 3, at end insert— |
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| | ‘(5) | The low pay policy statement must include the authority’s policies relating to— |
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| | (a) | the lowest amount any employee of the authority is currently being paid, |
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| | (b) | the number of employees being paid at this level, |
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| | (c) | the number of employees paid 10 per cent. above this level, |
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| | (d) | the number of employees paid 20 per cent. above this level, |
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| | (e) | the minimum amount any employee will be paid, and |
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|