Local Government and Planning (Scotland) Act 1982

60 Approved duties of councillors and allowances in respect thereof. S

(1) Under the M1 1973 Act, members of local authorities who are councillors shall, in respect of the performance of approved duties, have the right to decide whether to receive attendance allowance or financial loss allowance; and accordingly—

(a) in subsection (1) of section 45 of that Act (the which subsection relates to entitlement to attendance allowance) after the word “shall” there shall be inserted the words “, (unless a notice under section 45A of this Act is effective in relation to him), ”; and

(b) after the said section 45 there shall be inserted the following section—

“45A Right of councillor to opt for financial loss allowance.

If a councillor gives notice in writing to the local authority of which he is to receive financial loss allowance, he shall be entitled, subject to and in accordance with the provisions of any payment by way of attendance allowance to which he would otherwise be entitle.”

(2) In subsection (2) of section 49 of the 1973 Act (the which subsection relates to the interpretation of the expression “approved duty”)—

(a) after the words “45,” there shall be inserted the words “45A, ” ;

(b) in paragraph (a), the words “, or of any of its committees or sub-committees” shall cease to have effect ; and

(c) after paragraph (a) there shall be inserted the following paragraph—

“(aa) attendance at a meeting of a committee, or sub-committee, of the body if such attendance is—

(i) as a member of ;

(ii) at the invitation of ; or

(iii) expressly authorised by,

the committee or, as the case may be, sub-committee or is at the invitation of, or expressly authorised by, the body ;”.

Modifications etc. (not altering text)

C1 The text of s. 5(1), 6, 7, 9(2), 10–13, 20, 21, 22(a)–(c) 23, 31, 36–50, 56–59, 60(1)(a)(b)(2), 66, Sch. 1 Pt. II, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M1 1973 c. 65.