Local Government and Housing Act 1989

10 Limit on paid leave for local authority duties.E+W+S

(1)Notwithstanding anything in subsection (4) of section 29 of the M1Employment Protection (Consolidation) Act 1978 (conditions of time off for public duties), where—

(a)a local authority permit an employee of theirs to take time off for the purpose of performing the duties of a member of a relevant council; and

(b)those duties do not include the duties of chairman of the council,

it shall be unlawful for the authority to make any payment of remuneration or other payment to that employee in respect of so much (if any) of any time off for that purpose as is in excess of two hundred and eight hours in any one financial year and is time off to which the employee would not be entitled apart from his membership of that council.

(2)In this section—

  • chairman”, in relation to a relevant council, includes any corresponding office the holder of which is referred to as mayor or Lord Mayor or by any other description;

  • employee” has the same meaning as in the M2Employment Protection (Consolidation) Act 1978;

  • financial year” means the twelve months ending with 31st March; and

  • relevant council” means the council of any county, district or London borough, the Common Council of the City of London, a parish or community council or any council in Scotland which is a local authority for the purposes of subsection (1) of section 29 of that Act (time off for public duties);

and subsection (3) of that section (meaning of duties of a member of a body) shall apply for the purposes of this section as it applies for the purposes of that section.

Modifications etc. (not altering text)

C1S. 10 applied (S.) (temp. 6.4.1995 to 1.4.1996) by S.I. 1995/789, art. 2, Sch. entry 11

S. 10 extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 11(3) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Marginal Citations

M11978c. 44.