Part I E+W+S Local Authority Members, Officers, Staff and Committees etc.

Modifications etc. (not altering text)

C1 Pt. 1 (ss. 1-21) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

Pt. 1 (ss. 1-21): power conferred to make provisions about matters of the kind dealt with in this part (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (j)(i); S.I. 1997/1930, art. 2(1)(2)(m) (subject to art. 2(3))

Pt. 1 (ss. 1-21): extended (E.W.) (26.10.2000 for E. and 28.7.2001 for W.) by 2000 c. 22, ss. 23, 108(4), Sch. 1 para. 3(13); S.I. 2000/2849, art. 2(c)

C2 Pt. 1 (ss. 1-21): extended (E.) (6.5.2002) by The Local Authorities (Elected Mayor and Mayor's Assistant) (England) Regulations 2002 (S.I. 2002/975), regs. 1(2), 3(6)

Appointment and management etc. of staff E+W+S

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

(1) Notwithstanding anything in [F1 section 50(4) of the Employment Rights Act 1996] (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 [F2 the Employment Rights Act 1996];

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

• “relevant council” means the council of any county, [F3 county borough] district or London borough, the Common Council of the City of London, a parish orcommunity council or any council in Scotland which is a local authority for the purposes of [F4 subsection (2) of section 50] 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.

Textual Amendments

F1 Words in s. 10(1) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 44(a) (with ss. 191-195, 202)

F2 S. 10(2): words in the definition of “employee" substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 44(b)(i) (with ss. 191-195, 202)

F3 S. 10(2): words in the definition of “relevant council" inserted (7.1.1997) by S.I. 1996/3071, art. 2, Sch. para. 3(2)

F4 S. 10(2): words in the definition of “relevant council" substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 44(b)(ii) (with ss. 191-195, 202)

Modifications etc. (not altering text)

C3 S. 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)