Part VIII E+W Finance

Modifications etc. (not altering text)

C1 Pt. VIII (ss. 147–178) modified by S.I. 1983/249, reg. 2, Sch. 4

Allowances to members of local authorities and other bodies E+W

[F1 173A Right to opt for financial loss allowance. E+W

(1) If a councillor gives notice in writing to the [F2 parish or community council] of which he is a member that he wishes to receive financial loss allowance, he shall be entitled, subject to and in accordance with the following provisions of this section, to receive that allowance instead of any payment by way of attendance allowance to which he would otherwise be entitled.

(2) A notice under this section is referred to in this section as a “financial loss allowance notice”.

(3) If a councillor gives a financial loss allowance notice to the [F2 parish or community council] not later than the end of the period of [F3 one month beginning with the day of] his election as a member of the [F4 council][F5 then, subject to subsection (4A) below], he shall be entitled to receive financial loss allowance for the performance of any approved duty since his election, whether performed before or after the giving of the notice.

[F6 (4) If a councillor gives a financial loss allowance notice to the [F2 parish or community council] otherwise than in accordance with subsection (3) above, then, subject to subsection (4A) below, he shall be entitled to receive financial loss allowance for the performance of any approved duty after the end of the period of one month beginning with the day on which the notice is given.

(4A) If a councillor who has given a [F2 parish or community council] a financial loss allowance notice gives them notice in writing that he withdraws that notice, it shall not have effect in relation to any duty performed after the day on which the notice of withdrawal is given.]]

Textual Amendments

F1 S. 173A inserted by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1), s. 24(2)(3)

F2 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 194(1), Sch. 11 para. 26(a);S.I.1991/344, art. 3(2)

F3 Words substituted by Miscellaneous Financial Provisions Act 1983 (c. 29, SIF 99:1), s. 7(1)(2)

F4 Word in s. 173A(3) substituted (1.4.1991), by Local Government and Housing Act 1989 (c. 42,SIF 81:1), s.194(1), Sch. 11 para. 26(b);S.I.1991/344, art 3(2)

F5 Words inserted by Miscellaneous Financial Provisions Act 1983 (c. 29, SIF 99:1), s. 7(1)(2)

F6 S. 173A(4)(4A) substituted for S. 173A(4)–(6) by Miscellaneous Financial Provisions Act 1983 (c. 29, SIF 99:1), s. 7(1)(3)

Modifications etc. (not altering text)

C2 S. 173A applied (4.3.1996) by S.I. 1996/263, reg. 16(4)

S. 173A: power to amend or repeal conferred (W.) (1.11.2000) and (E.) (19.2.2001) by 2000 c. 22, s. 100(4); S.I. 2000/2948, art. 2; S.I. 2001/415, art. 2(b)

C3 Ss. 173-175 restricted (E.) (1.5.2003) by The Local Authorities (Members' Allowances) (England) Regulations 2003 (S.I. 2003/1021), reg. 34(1)(a)(2)

C4 Ss. 173-178 applied (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), reg. 14(2)

C5 S. 173A(3) modified by S.I. 1985/1884, art. 10, Sch. 3 para. 3(a)

C6 S. 173A(3) amended (temp.) by Local Government Act 1986 (c. 10, SIF 81:1, 2), s. 11(7) (the amendment falls by virtue of the repeal of the said s.11 (1.4.1991)by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 194(4), Sch. 12 Pt. II);which was brought into force by S.I. 1991/344, art. 3(2)