The Local Authorities (Members' Allowances) (England) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under section 18 of the Local Government and Housing Act 1989 (“the 1989 Act”) as amended by section 99 of the Local Government Act 2000. The Local Authorities (Members' Allowances) Regulations 1991 (“the 1991 Regulations”), also made under section 18 of the 1989 Act, remain in force.

These Regulations apply to district, county and London borough councils and provide that they must have regard to the recommendations of independent remuneration panels in relation to allowance schemes made under the 1991 Regulations.

Regulation 3 provides that authorities must have regard to the recommendations of an independent remuneration panel established under regulation 4. All panels must consist of at least three members, none of whom may be a member of such an authority. The panels are required to produce reports making recommendations in respect of allowances on the matters specified in regulation 5, and under regulation 6, authorities must publicise the recommendations of those panels.

Transitional provision is made under regulation 7 enabling authorities to revoke or amend an existing allowance scheme in order to give effect to any changes necessary as a consequence of the coming into force of section 18(1A) of the 1989 Act, or any alteration in the arrangements of authorities pursuant to Part II of the Local Government Act 2000.

Under regulation 8, an allowance scheme may include provision for the payment to members of allowances in respect of expenses of arranging for the care of children or dependants in order to conduct the duties specified in that regulation.

Regulation 9 requires authorities to publicise the allowance schemes made under the 1991 Regulations, and regulations 10 and 11 make amendments to the 1991 Regulations in respect of allowances for the duties of members of an authority’s executive (see Part II of the Local Government Act 2000).