Statutory Instruments
LOCAL GOVERNMENT, ENGLAND AND WALES
Made
28th February 1991
Laid before Parliament
28th February 1991
Coming into force
Regulations 1, 2 and 4 to 15
1st March 1991
Remainder
1st April 1991
The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred upon them by sections 173, 175(1A), 177(1)(b) and (f), 177(2), 178(1) and 270(1) of the Local Government Act 1972(1), sections 18 and 190(1) of the Local Government and Housing Act 1989(2) and of all other powers enabling them in that behalf, hereby make the following Regulations:—
1.—(1) These Regulations may be cited as the Local Authorities (Members' Allowances) Regulations 1991.
(2) This Part (except for regulation 3) and Parts II to IV of these Regulations shall come into force on 1st March 1991.
(3) The remainder of these Regulations shall come into force on 1st April 1991.
2. In these Regulations–
“the 1972 Act” means the Local Government Act 1972;
“the 1985 Act” means the Local Government Act 1985(3);
“the 1989 Act” means the Local Government and Housing Act 1989;
“joint authority” means an authority established under Part IV of the 1985 Act;
“year” means the 12 months ending with 31st March.
3. The following bodies (being bodies on which a body to which sections 174 and 175 of the 1972 Act apply by virtue of section 177(1)(a) of that Act is represented) are prescribed pursuant to section 177(1)(b) of the 1972 Act–
(a)a joint committee of two or more local authorities, whether appointed or established under Part VI of that Act or any other enactment;
(b)a joint education committee established under paragraph 3 of Part IIof Schedule 1 to the Education Act 1944(4); and
(c)the Cheshire Brine Subsidence Compensation Board.
4. For the purposes of section 18 of the 1989 Act, a member of a joint authority who is appointed to that authority by a metropolitan district council, a London borough council, Northumberland County Council or the Common Council of the City of London shall be treated as if he were a councillor, and references in Parts II to IV to councillors shall be construed accordingly.
5.—(1) This Part applies to–
(a)any county council;
(b)any district council;
(c)any London borough council;
(d)any joint authority; and
(e)the Council of the Isles of Scilly.
(2) For the purposes of this Part –
(a)members of an authority are to be treated as divided into political groups if they are so treated for the purposes of section 15 (political balance on committees etc.) of the 1989 Act; and “political group” shall be construed accordingly;
(b)the term of office of a councillor who is a member of an authority specified in paragraph (1) other than a joint authority shall begin on the date on which he makes a declaration of acceptance of that office under section 83(1) of the 1972 Act(5).
6.—(1) Before 1st April 1991 each authority shall make a scheme in accordance with these Regulations for the payment of allowances in respect of the year commencing on that date and subsequent years.
(2) When a scheme is revoked in accordance with regulation 7(1), an authority shall before the revocation takes effect make a further scheme for the period beginning with the date on which the revocation takes effect.
7.—(1) A scheme under this Part may be amended at any time but may only be revoked with effect from the beginning of a year.
(2) Where an amendment is to be made which affects an allowance payable for the year in which the amendment is made, the scheme shall provide–
(a)if the amendment affects such an allowance as is mentioned in regulation 8 or 9, that in relation to each of the periods–
(i)beginning with the year and ending with the day before that on which the first amendment in that year takes effect, and
(ii)beginning with the day on which an amendment takes effect and ending with the day before that on which the next amendment takes effect, or (if none) with the year,
the entitlement to such an allowance shall be to payment of such part of the amount of the allowance under the scheme as it has effect during the relevant period as bears to the whole the same proportion as the number of days in the period bears to the number of days in the year;
(b)if the amendment affects such an allowance as is mentioned in regulation 10, that the entitlement to such an allowance shall be to payment of the amount of the allowance under the scheme as it has effect when the duty is carried out.
8.—(1) A scheme made under this Part shall provide for the payment for each year to which the scheme relates of an allowance (“basic allowance”) to each member of the authority who is a councillor; and the amount of such allowance shall be the same for each such member.
(2) The scheme shall provide that, where the term of office of a member begins or ends otherwise than at the beginning or end of a year, his entitlement shall be to payment of such part of the basic allowance as bears to the whole the same proportion as the number of days during which his term of office as member and councillor subsists bears to the number of days in that year.
(3) Where a scheme is amended as mentioned in paragraph (2) of regulation 7 and the term of office of a member who is a councillor does not subsist throughout the whole of a period mentioned in sub-paragraph (a) of that paragraph, the scheme shall provide that the entitlement of any such member under this regulation shall be to payment of such part of the basic allowance referable to each such period (ascertained in accordance with that sub-paragraph) as bears to the whole the same proportion as the number of days during which his term of office as member and councillor subsists in that period bears to the number of days in the period.
9.—(1) A scheme made under this Part shall provide, in accordance with paragraph (2), for the payment for each year to which that scheme relates of an allowance (“special responsibility allowance”) to such members of the authority who are councillors as have such special responsibilities in relation to the authority as are specified in the scheme and are within one or more of the following categories–
(a)acting as leader or deputy leader of a political group within the authority;
(b)presiding at meetings of a committee or a sub-committee of the authority, or a joint committee of the authority and one or more other authorities, or a subcommittee of such a joint committee;
(c)representing the authority at meetings of, or arranged by, any other body;
(d)membership of a committee or a sub-committee of the authority which meets with exceptional frequency or for exceptionally long periods;
(e)acting as the spokesman of a political group on a committee or sub-committee of the authority;
(f)such other activities in relation to the discharge of the authority’s functions as require of the member an amount of time and effort equal to or greater than would be required of him by any one of the activities mentioned in sub-paragraphs (a) to (e) (whether or not that activity is specified in the scheme).
(2) The scheme shall–
(a)specify the amount of each special responsibility allowance, which need not be the same; and
(b)provide that, where–
(i)members of an authority are divided into at least two groups constituted in accordance with regulation 8 of the Local Government (Committees and Political Groups) Regulations 1990(6), and
(ii)either a majority of members of the authority, or half of such members and the chairman of the authority, belong to the same political group (“the controlling group”),
a special responsibility allowance shall be paid to at least one person who is not a member of the controlling group and has special responsibilities described in paragraph (1)(a) or (e); and
(c)provide that, where a member does not have throughout a year any such special responsibilities as entitle him to a special responsibility allowance, his entitlement shall be to payment of such part of that allowance as bears to the whole the same proportion as the number of days during which he has such special responsibilities bears to the number of days in that year; and
(d)provide that, where a scheme is amended as mentioned in paragraph (2) of regulation 7 and a member does not have throughout the whole of any period mentioned in sub-paragraph (a) of that paragraph any such special responsibilities as entitle him to a special responsibility allowance, his entitlement shall be to payment of such part of the allowance referable to each such period (ascertained in accordance with that sub-paragraph) as bears to the whole the same proportion as the number of days in that period during which he has such special responsibilities bears to the number of days in the period.
10.—(1) Subject to paragraph (2), a scheme made under this Part may provide for the payment to each member of the authority who is a councillor of an allowance (“attendance allowance”) in respect of–
(a)the carrying out of such of the duties referred to in paragraph (3) and not excluded by paragraph (4) as may be specified in the scheme; and
(b)the time spent in travelling to and from the location at which any such duty so specified is performed.
(2) A scheme made by the council of a metropolitan district or a London borough or the county of Northumberland shall not provide for the payment of an attendance allowance in respect of any duty carried out by a member of the authority who is a councillor in his capacity as that authority’s representative on a joint authority.
(3) The duties referred to in this paragraph are attendance at–
(a)a meeting of the authority or of any committee or sub-committee of the authority, or of any other body to which the authority makes appointments or nominations, or of any committee or sub-committee of such a body;
(b)any other meeting the holding of which is authorised by the authority, or a committee or sub-committee of the authority, or a joint committee of the authority and one or more other authorities, or a sub-committee of such a joint committee, provided that–
(i)where the authority is divided into two or more political groups, it is a meeting to which members of at least two such groups have been invited, or
(ii)if the authority is not so divided, it is a meeting to which at least two members of the authority have been invited;
(c)a meeting of any association of authorities of which the authority is a member.
(4) The duties excluded by this paragraph are those in respect of which the member receives remuneration otherwise than under a scheme.
(5) The amount of the attendance allowance shall be specified in the scheme and may vary according to the time of day and the duration of the duty; but shall be the same for all members of the authority entitled to the allowance in respect of a duty of any description at the same time of day and of the same duration.
(6) The scheme shall provide that a member shall not be entitled to payment of an attendance allowance–
(a)in respect of his attendance at any conference or meeting in relation to which he is entitled to a payment in the nature of an attendance allowance under section 175 of the 1972 Act(7); or
(b)if such payment would be contrary to a provision made by or under any enactment.
(7) The scheme may provide that a member shall not be entitled to payment of more than one attendance allowance in respect of any period of 24 hours beginning at such time as the authority may determine.
11.—(1) This Part applies in relation to schemes made under Part II.
(2) In this Part–
“standard maximum” means an amount equal to the product of–
the amount determined in relation to the authority by reference to the Table in the Schedule to these Regulations; and
the number of persons who may at the same time be councillors of the authority;
“relevant maximum” means, as respects a year, an amount equal to the standard maximum or, if greater, the transitional maximum;
“total estimated allowances” means the aggregate of the amounts estimated by the authority (at the time when a payment referred to in regulation 12(b), (d) or (e) is made) to be payable in relation to a year under a scheme and in the nature of an attendance allowance under section 175 of the 1972 Act; and for this purpose, any election under regulation 14 shall be disregarded;
“transitional maximum” means–
in relation to the year beginning 1st April 1991, an amount which is equal to the lesser of–
150% of the standard maximum; or,
97% of the aggregate of the amounts paid as respects the year ending 31st March 1990 to members of the authority who were councillors by way of allowances under section 173(1) (attendance allowance)(8), section 173A(1) (financial loss allowance)(9) and section 177A (special responsibility allowance)(10) of the 1972 Act or, to the extent that they were in the nature of those payable under section 173 of that Act, under section 175 (allowances for attending conferences and meetings) of that Act;
in relation to any subsequent year, 90% of the transitional maximum for the preceding year.
12. A scheme made under Part II shall provide that–
(a)any payment under the scheme in relation to a year is conditional on the aggregate in relation to that year of amounts which the authority has paid out or is already liable to pay out under the scheme and in the nature of an attendance allowance under section 175 of the 1972 Act not exceeding such amount as is determined by applying the formula–
A + B - C,
where–
A is the relevant maximum for that year;
B is an amount, if any, determined by the authority, being an amount no greater than 5– of A; and
C is an amount equal to the amount, if any, by which the aggregate of the amounts paid by the authority in respect of the year preceding that to which the scheme relates by way of allowances under section 18 of the 1989 Act exceeded the relevant maximum for that year;
(b)any payment by way of basic allowance for a year is conditional on the aggregate amount which the authority has paid out or is already liable to pay out by way of basic allowance in relation to that year not exceeding 95% of total estimated allowances for that year;
(c)any payment to a particular member by way of special responsibility allowance for a year is conditional on the aggregate amount which the authority has paid out or is already liable to pay out by way of special responsibility allowance in relation to that year to that member not exceeding £7,500;
(d)any payment by way of special responsibility allowance for a year is conditional on the aggregate amount which the authority has paid out or is already liable to pay out by way of special responsiblity allowance in relation to that year not exceeding 25% of total estimated allowances for that year;
(e)any payment by way of attendance allowance for a year is conditional on–
(i)the aggregate amount which the authority has paid out or is already liable to pay out by way of attendance allowance in relation to that year not exceeding 70% of total estimated allowances for that year; and
(ii)the aggregate amount which the authority has paid out or is already liable to pay out by way of attendance allowance and special responsibility allowance in relation to that year not exceeding 75% of total estimated allowances for that year; and
(iii)the aggregate amount which the authority has paid out or is already liable to pay out by way of attendance allowance and basic allowance in relation to that year not exceeding 95% of total estimated allowances for that year.
13. A scheme under Part II shall specify in respect of any year to which it relates–
(a)the amount of the entitlement by way of basic allowance;
(b)the amount of the entitlement by way of special responsibility allowance; and where different amounts apply to different responsibilities, the amount applicable to each;
(c)the rates applicable to payments by way of attendance allowance (where the scheme provides for that allowance).
14. A scheme under Part II shall provide that a member may, by notice in writing given to the proper officer of the authority, elect to forgo any part of his entitlement to an allowance under the scheme.
15.—(1) A scheme under Part II shall provide that a claim for an attendance allowance under the scheme shall be made within two months of the date on which the duty in respect of which the entitlement to the allowance arises is carried out.
(2) Nothing in paragraph (1) shall prevent an authority from making a payment where the allowance is not claimed within the period specified in the scheme.
(3) A scheme under Part II may provide for payments of allowances to be made at such times as may be specified in it, and different times may be specified for different allowances.
16. For the purposes of sections 173 to 176 of the 1972 Act “approved duty” means–
(a)any of the duties specified in regulation 10(3)(a) to (c); and
(b)any other duty approved by the body, or any duty of a class so approved, for the purpose of, or in connection with, the discharge of the functions of the body, or of any of its committees or sub-committees.
17.—(1) Any payment made in respect of any year by a county council, a district council, a London borough council, the Council of the Isles of Scilly or a joint authority of an allowance under section 175 of the 1972 Act in the nature of an attendance allowance to a member who is a councillor is conditional on the aggregate amount which the body in question has paid or is liable to pay for that year by way of such allowances and of allowances under a scheme made under Part II not exceeding the amount determined as mentioned in regulation 12(a).
(2) In any case to which paragraph (1) does not apply, any payment of an allowance under section 175 of the 1972 Act in the nature of an attendance allowance shall not exceed £22.80 for any period not exceeding 24 hours; and for this purpose a period of 24 hours shall begin at 3am.
18.—(1) The amount prescribed for the purpose of section 173(1) of the 1972 Act (attendance allowance) is £22.80 for any period not exceeding 24 hours; and for this purpose a period of 24 hours shall begin at 3am.
(2) The amount prescribed for the purposes of sections 173(4) of the 1972 Act (financial loss allowance) is–
(a)for a period not exceeding 4 hours, £19.25;
(b)for a period exceeding 4 hours but not exceeding 24 hours, £38.50;
(c)for a period exceeding 24 hours, the aggregate of £38.50 and such amount specified in sub-paragraph (a) or (b) as is appropriate to the number of hours by which the period exceeds 24 hours.
19. The following bodies are prescribed in accordance with section 177(1)(f) of the 1972 Act(11)–
(a)the Peak Park Joint Planning Board;
(b)the Lake District Special Planning Board;
(c)a combined police authority;
(d)a joint education committee established under paragraph 3 of Part II of Schedule 1 to the Education Act 1944,(12) of which the members are not all representatives of local authorities; and
(e)the Cheshire Brine Subsidence Compensation Board.
20. A claim for an attendance allowance under the scheme or an allowance under any provision in sections 173 to 176 of the 1972 Act shall include, or be accompanied by, a statement signed by the claimant that he has not made and will not make any other claim in respect of the matter to which his claim relates.
21. No payment shall be made to a person under any provision of sections 173 to 176 of the 1972 Act in respect of a matter as regards which a payment has been made to him pursuant to any provision of a scheme under Part II.
22.—(1) A person who, in a period mentioned in regulation 18,–
(a)performs an approved duty or approved duties as a member of more than one body;
(b)performs two or more approved duties for the same body; or
(c)is entitled to an allowance under section 173 of the 1972 Act and to a payment of a comparable allowance under any other enactment
shall not be entitled to payments under that section which in total exceed the amount prescribed by regulation 18 for that period.
(2) A body paying an allowance under section 173 of the 1972 Act to a person for an approved duty as described in paragraph (1) may reduce the amount of that allowance by the amount of any other allowance under section 173 or any comparable allowance under any enactment paid by another body.
23. A payment under section 173 or 174 of the 1972 Act shall be made by the body for which the relevant approved duty was performed, except as provided for in regulations 24 and 25.
24. Where a member of a body, who has been appointed by that body to some other body, performs an approved duty for that other body, and that other body is–
(a)a joint committee of two or more local authorities, whether appointed or established under Part VI of the 1972 Act or any other enactment;
(b)a joint board or other combined body, all the members of which are representatives of local authorities; or
(c)a body mentioned in regulation 19
either body may make a payment under section 173 or 174 of the 1972 Act.
25. An allowance payable under section 173(4) or 174 of the 1972 Act to a member of an appeal committee constituted under paragraph 2 or 3 of Schedule 2 to the Education Act 1980(13) shall be paid by the local education authority which maintains the school or schools in relation to which the committee is constituted.
26.—(1) Every authority shall keep a record of the payments made by it in accordance with any scheme made pursuant to these Regulations.
(2) Every authority, body or council shall keep a record of the payments made by it by virtue of any provision of sections 173 to 176 of the 1972 Act.
(3) A record kept pursuant to either of the preceding paragraphs shall specify the name of the recipient and the amount and nature of each payment.
(4) Any such record shall be available, at all reasonable times, for inspection (free of charge)–
(a)where it is kept by a local authority within the meaning of section 270(1) of the 1972 Act or a joint authority, by any local government elector (within the meaning of that section) for the area of that authority;
(b)where it is kept by any other body, by any such local government elector of any such local authority in whose area the body operates.
(5) A person entitled to inspect a record under paragraph (4) may make a copy of any part of it.
27.—(1) Subject to paragraph (2), the Local Government (Allowances) Regulations 1986,(14) the Local Government (Allowances) (Amendment) Regulations 1987,(15) the Local Government (Allowances) (Amendment) Regulations 1988(16) and the Local Government (Allowances) (Amendment) Regulations 1989(17) are revoked.
(2) The Regulations mentioned in paragraph (1) shall continue to have effect without prejudice to section 16 of the Interpretation Act 1978(18), in relation to claims made for allowances or other payments in respect of duties performed before 1st April 1991.
Michael Heseltine
Secretary of State for the Environment
28th February 1991
David Hunt
Secretary of State for Wales
28th February 1991
Regulation 11(2)
The Table below is the Table referred to in the definition of “standard maximum” in regulation 11(2).
| (1) | (2) |
|---|---|
| Authority or description of authority | Amount |
| £ | |
| A county council | 2,770 |
| A metropolitan district council | 2,770 |
| Each of the following non-metropolitan district councils: Bristol, Cardiff, Derby, Kingston-Upon-Hull, Leicester, Milton Keynes, Northampton, Nottingham, Plymouth, Portsmouth, Southampton, Stockton-on-Tees, Stoke-on-Trent, Swansea, Warrington, Woodspring | 1,955 |
| Any other non-metropolitan district council | 1,360 |
| A London borough council | 2,770 |
| A joint authority | 870 |
| The Council of the Isles of Scilly | 1,360 |
(This note is not part of the Regulations)
These Regulations make provision about the payment of allowances to members of local authorities and certain related bodies.
Regulations which relate to schemes under section 18 of the Local Government and Housing Act 1989 come into force on 1st March 1991, and the remainder comes into force on 1st April 1991. Part I prescribes certain education committees as bodies to which sections 174 (travelling allowance and subsistence allowance) and 175 (allowances for attending conferences and meetings) of the Local Government Act 1972 apply, and provides for members of certain joint authorities (established by Part IV of the Local Government Act 1985) to be treated as councillors for those purposes and for the purposes of the Regulations.
Part II requires certain authorities to prepare schemes for the payment of allowances to their members and for the amendment of such schemes. Authorities making schemes are required to make provision for the payment of basic allowances (regulation 8), special responsibility allowances (regulation 9) and may also provide for attendance allowances (regulation 10).
Part III imposes financial restrictions in relation to schemes made under Part II. There is an overall ceiling (the “relevant maximum”) which is calculated by reference to the “standard maximum” or, if greater, the “transitional maximum” (regulation 12). These terms are defined in regulation 11(2). The Table in the Schedule to the Regulations is relevant for the determination of the “standard maximum”. Within that overall ceiling, there are further restrictions on the percentage of the estimated total that may be paid by way of particular allowances and the maximum that an individual may receive by way of special responsibility allowance.
Part IV makes further provision about the content of allowance schemes, including the right to forgo all or part of an entitlement to an allowance and claims procedures.
Part V applies to allowances payable under the Local Government Act 1972. Regulation 16 defines “approved duty” for those purposes. Regulations 17 and 18 contain financial restrictions. Regulation 19 prescribes certain bodies for the purposes of section 177(1)(f) of the 1972 Act, which remains in force for the purpose of the payment of financial loss allowances (seeparagraph 1 of the Schedule to the Local Government and Housing Act 1989 (Commencement No. 11 and Savings) Order 1991).
Part VI deals with administrative arrangements. Regulations 20 to 22 make provision for the avoidance of duplication. Regulations 23 to 25 describe the body by which allowances under section 173 or 174 of the 1972 Act are to be paid. Regulation 26 requires records to be kept of payments under allowances schemes and under the 1972 Act and provides for public inspection of any such record.
Part VII revokes existing Regulations dealing with members' allowances, subject to savings.
1972 c. 70. Section 173 was amended by the Local Government, Planning and Land Act 1980 (c. 65), section 24(1) and by the Local Government and Housing Act 1989 (c. 42), Schedule 11, paragraph 26. Section 175(1A) was inserted by paragraph 27 of Schedule 11 to the 1989 Act. Sections 177(1) and (2) were substituted by paragraph 28(2) and (3) of that Schedule. Section 178(1) was amended by Part II of Schedule 12 to the 1989 Act. The amendments to section 173(4) and the substitution of section 177(1) are subject to the saving in paragraph 1 of the Schedule to the Local Government and Housing Act 1989 (Commencement No. 11 and Savings) Order 1991 (S.I. 1991/344). Seealso the definition of “prescribed” in section 270(1) of the 1972 Act.
1944 c. 31; paragraph 3 of Part II of Schedule 1 was amended by S.I. 1964/490, article 3(2)(a).
Section 83(1) was amended by the Local Government Act 1972 (References to Aldermen) Order 1977 (S.I. 1977/1710); the Local Government Act 1985, Schedule 17; and the Local Government and Housing Act 1989, section 30(2); it was applied to the Council of the Isles of Scilly by article 6 of the Isles of Scilly Order 1978 (S.I. 1978/1844).
Section 175 was amended by the Local Government, Planning and Land Act 1980, section 25(3); and by the Local Government and Housing Act 1989, Schedule 11, paragraph 27.
Section 173(1) was amended by the Local Government, Planning and Land Act 1980, section 24(1).
Section 173A was inserted by the Local Government, Planning and Land Act 1980, section 24(2) and amended by the Miscellaneous Financial Provisions Act 1983 (c. 29), section 7.
Section 177A was inserted by the Local Government, Planning and Land Act 1980, section 26(1) and amended by the Local Government Act 1985, paragraph 20 of Part I of Schedule 14 and Schedule 17.
The substitution of section 177(1) by paragraph 28(2) of Schedule 11 to the Local Government and Housing Act 1989 is subject to the saving in the Local Government and Housing Act 1989 (Commencement No. 11 and Savings) Order 1991 (S.I. 1991/344).
S.I. 1986/724.
S.I. 1987/1483.
S.I. 1988/358.
S.I. 1989/683.