Part VIIIE+W Finance

Allowances to members of local authorities and other bodiesE+W

177 Provisions supplementary to sections 173 to 176. E+W

[F1F2(1)F3. . . sections 174 and 175 above apply—

(a)to the bodies specified in section 21(1) of the Local Government and Housing Act 1989, except—

(i)the Common Council;

(ii)a body established pursuant to an order under section 67 of the Local Government Act 1985 (successors to residuary bodies); and

(iii)without prejudice to section 265 below, the Council of the Isles of Scilly;

(b)to any prescribed body on which a body to which those sections apply by virtue of paragraph (a) above is represented; and

(c)to any parish or community council.]

[F1(1A)Subsection (1) above has effect without prejudice to the operation of the following provisions of the School Standards and Framework Act 1998, namely—

(a)paragraph 3 of Schedule 4 (allowances for school organisation committees);

(b)paragraph 3 of Schedule 18 (allowances for exclusion appeals panels); and

(c)paragraph 5 of Schedule 24 (allowances for admission appeals panels).]

[F4(2)In sections 173 to 176 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.]

[F5(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(3)For the purposes of sections 173 to 176 above F6 . . . 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 94(5) above 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 173 to 176 above [F7or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989].

F8(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Words in s.177(2) substituted (16.1.1990 to the extent mentioned in S.I.1989/2445, art.4 otherwise 1.4.1991) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(1), Sch. 11 para. 28(3); S.I. 1991/344, art. 3(2)

Modifications etc. (not altering text)

C2S. 177: In the application of this Act to the Isles of Scilly "and" is inserted at the end of s. 177(1)(a)(i) and the words in s.177(1)(a) after "residuary bodies)"are omitted ( 1.4.1991) by virtue of S.I.1991/446, art.2

C3S. 177 modified by S.I.1985/1884, art.10, Sch.3 para. 3(b)

S. 177 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

S. 177 applied (4.3.1996) by S.I. 1996/263, reg. 16(4)

S. 177 applied (with modifications) (4.6.1996) by S.I. 1996/1243, art. 18, Sch. 5 Pt. I para. 2

C5S. 177(1)(b) applied (with modifications) (23.11.1995) by S.I. 1995/2803, art. 18, Sch. 5 para. 2

S. 177(1)(b) applied (with modifications) (24.3.2005) by S.I. 2005/421, art. 16, Sch. 3 para. 1(2)