Textual Amendments
F1S. 45 repealed (1.4.1991) with savings in s. 45(4) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(4), Sch. 12 Pt. II; S.I. 1991/344, art. 3(2)(b)(ii), Schedule, para. 2(1); S. 45 expressed to be amended (temp. from 6.4.1995 to 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 and s. 45(4) expressed to be amended (1.4.1996) by S.I. 1995/3026, arts. 1(2), 13
Textual Amendments
F2S. 45A repealed (1.4.1991) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(4), Sch. 12 Pt. II; S.I. 1991/344, art. 3(2)(b)(ii)
(1)Subject to subsection (2) below a member of a body to which this section applies shall be entitled to receive payments by way of travelling allowance or subsistence allowance where expenditure on travelling (whether inside or outside the United Kingdom) or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him to perform any approved duty as a member of that body, being payments at rates determined by that body, but not exceeding, in the case of travel [F3or subsistence] for the purpose of an approved duty within the United Kingdom, such rates as may be specified by the Secretary of State.
F4(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Words inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 25(1)
Modifications etc. (not altering text)
C1Ss. 45–50 extended with modifications by Licensing (Scotland) Act 1976 (c. 66), s. 3(1)
C2S. 46 extended by Social Work (Scotland) Act 1968 (c. 49), Sch. 3 para. 8 (as substituted by Local Government (Scotland) Act 1975 (c. 30), s. 33) and Education (Scotland) Act 1980 (c. 44), Sch. A1 para. 9 (as inserted by Education (Scotland) Act 1981 (c. 58), s. 1(2), Sch. 1)
C3Ss. 45-50 restricted by S.I. 1991/397, reg. 26
C4S. 46 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3
S. 46 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 13
(1)The following bodies, that is to say—
(a)any local authority;
(b)any other body to which this section applies and which has power by virtue of any enactment to send representatives to any conference or meeting to which this section applies;
may pay any member of the authority or other body attending any such conference or meeting such [F5allowances in the nature of an attendance allowance and an allowance for travel and subsistence, as they think fit.
(1A)payments made under subsection (1) above shall be of such reasonable amounts as the body in question may determine in a particular case or class of case but shall not exceed—
(a)in the case of payments of an allowance in the nature of an attendance allowance, such amounts as may be specified in or determined under regulations made by the Secretary of State; and
(b)in the case of payments of an allowance in the nature of an allowance for travel and subsistence in respect of a conference or meeting held in the United Kingdom, such amounts as may be specified under section 46 above for the corresponding allowance under that section;
and regulations made by the Secretary of State may make it a condition of any payment mentioned in paragraph (a) above that, in the financial year to which the payment would relate, the aggregate amount which the body in question has paid or is already liable to pay in respect of any prescribed allowance or allowances does not exceed such maximum amount as may be specified in or determined under the regulations.]
(2)Where a body mentioned in subsection (1)(b) above has power under any enactment other than this Act or any instrument under such an enactment to pay expenses incurred in attending a conference or meeting to which this section applies, the amount payable under that enactment or instrument shall not exceed the amount which would be payable in respect of the attendance under that subsection.
(3)In relation to a local authority, this section applies to a conference or meeting held inside or outside the United Kingdom and convened by any person or body (other than a person or body convening it in the course of a trade or business or a body the objects of which are wholly or partly political) for the purpose of discussing matters which in their opinion relate to the interests of their area or any part of it or the interests of the inhabitants of their area or any part of it.
[F6(3A)In relation to any [F7body which is a joint board, joint authority or other combined body all the members of which are representatives of local authorities] this section applies to a conference or meeting held and convened as mentioned in subsection (3) above for the purpose of discussing matters which in the body’s opinion relate—
(a)to the functions of the body; or
(b)to any functions of local authorities in which the body has an interest.]
(4)In relation to any other body to which this section applies, F8. . . this section applies to a conference or meeting convened by one or more such bodies or by an association of such bodies.
F9(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Words in s. 47(1) substituted (1.4.1991) by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 194(1) Sch. 11 para. 34; S.I. 1991/344, art. 3(2)(a)
F7Words in s. 47(3A) substituted (1.4.1991) by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 194(1) Sch. 11 para. 34(b); S.I. 1991/344, art. 3(2)(a)
F8Words in s. 47(4) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(10)(a), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F9S. 47(5) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(10)(b), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
Modifications etc. (not altering text)
C5S. 47 applied (with modifications) (1.4.1996) by S.I. 1005/3026, art. 13
C6Ss. 45–50 extended with modifications by Licensing (Scotland) Act 1976 (c. 66), s. 3(1)
C7S. 47 restricted by S.I. 1991/397, reg. 23
Ss. 45-50 restricted by S.I. 1991/397, reg. 26
(1)Subject to subsection (2) below, a local authority may—
(a)defray any travelling or other expenses reasonably incurred by or on behalf of any members in making official and courtesy visits, whether inside or outside the United Kingdom, on behalf of the authority;
(b)defray any expenses incurred in the reception and entertainment by way of official courtesy of distinguished persons visiting the area of the authority and persons representative of or connected with local government or other public services whether inside or outside the United Kingdom and in the supply of information to any such persons.
(2)In the case of a visit within the United Kingdom, the amount defrayed under this section by a local authority in respect of the expenses of any member of the authority in making a visit within the United Kingdom shall not exceed the payments which he would have been entitled to receive by way of travelling allowance or subsistence allowance under section 46 of this Act if the making of the visit had been an approved duty of that member.
Modifications etc. (not altering text)
C8S. 48 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3
S. 48 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 13
C9Ss. 45–50 extended with modifications by Licensing (Scotland) Act 1976 (c. 66), s. 3(1)
C10Ss. 45-50 restricted by S.I. 1991/397, reg. 26
(1)Sections 45 to 47 of this Act shall apply to the following bodies—
(a)all local authorities;
F10(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)any joint committee of two more local authorities, whether appointed or established under this Act or any other enactment;
(d)any board, joint board, joint authority or other combined body, all the members of which are representatives of local authorities;
(e)any body prescribed for the purposes of those sections and on which any such body as is mentioned in any of the foregoing paragraphs is represented; and
F11(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F12(1A)Sections 45 to 47 of this Act shall apply to any local valuation panel or valuation appeal committee but as if the payments referred to in those sections were made by the valuation authority.]
[F13(2)In sections 46 to 48 above “approved duty”, in relation to a member of a body, means such duties as may be specified in or determined under regulations made by the Secretary of State.]
(3)For the purposes of sections 45 to 48 of this Act a member of a committee or sub-committee of a local authority or other body mentioned in subsection (1) above shall be deemed to be a member of that body.
(4)Section 38(4) of this Act shall apply in relation to a member of any body mentioned in subsection (1) above to whom it would not otherwise apply as it applies in relation to a member of a local authority; and no other enactment or instrument shall prevent a member of any such body from taking part in the consideration or determination of any allowance or other payment under any of the provisions of sections 45 to 48 of this Act [F14or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989].
Textual Amendments
F10S. 49(1)(b) repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7
F11S. 49(1)(f) repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7
F13S. 49(2) substituted (16.1.1990 for certain purposes and otherwise prosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:2), ss. 194(1), 195(2), Sch. 11 para. 35(3); S.I. 1989/2445, art. 4
F14Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 194(1), Sch. 11 para. 35(4)
Modifications etc. (not altering text)
C11S. 49 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3
S. 49 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 13
C12Ss. 45–50 extended with modifications by Licensing (Scotland) Act 1976 (c. 66), s. 3(1)
C13Ss. 45-50 restricted by S.I. 1991/397, reg. 26
Textual Amendments
F15S. 49A repealed (1.4.1991) with savings by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(4), Sch. 12 Pt. II; S.I. 1991/344, art. 3(2)(b)(ii), Schedule, para. 3(1); S. 49A amended (1.4.1996) by 1995/3026, arts. 1(2), 13
(1)The Secretary of State may make regulations as to the manner in which sections 45 to 48 [F16and 49A] of this Act are to be administered, and in particular, and without prejudice to the generality of the foregoing provision, may make regulations—
(a)providing for the avoidance of duplication in payments under those sections, or between payments under any of those sections and any other Act, and for the determination of the body or bodies by whom any payments under those sections are to be made, and, where such payments are to be made by more than one body, for the apportionment between those bodies of the sums payable;
(b)specifying the forms to be used and the particulars to be provided for the purpose of claiming payments under those sections;
(c)providing for the publication by a body to which sections 45 to 47 of this Act apply, in the minutes of that body or otherwise, of details of such payments.
(2)A statutory instrument containing regulations under section 45 [F1749 or 49A] of this Act or this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F16Words inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 26(4)(a)
F17Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 26(4)(b)
Modifications etc. (not altering text)
C14S. 50 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3
S. 50 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 13
C15Ss. 45–50 extended with modifications by Licensing (Scotland) Act 1976 (c. 66), s. 3(1)
C16Ss. 45-50 restricted by S.I. 1991/397, reg. 26