The Local Authorities (Members' Allowances) Regulations 1991

Attendance allowances

10.—(1) Subject to paragraph (2), a scheme made under this Part may provide for the payment to each member of the authority who is a councillor of an allowance (“attendance allowance”) in respect of–

(a) the carrying out of such of the duties referred to in paragraph (3) and not excluded by paragraph (4) as may be specified in the scheme; and

(b) the time spent in travelling to and from the location at which any such duty so specified is performed.

(2) A scheme made by the council of a metropolitan district or a London borough or the county of Northumberland shall not provide for the payment of an attendance allowance in respect of any duty carried out by a member of the authority who is a councillor in his capacity as that authority’s representative on a joint authority.

(3) The duties referred to in this paragraph are attendance at–

(a) a meeting of the authority or of any committee or sub-committee of the authority, or of any other body to which the authority makes appointments or nominations, or of any committee or sub-committee of such a body;

(b) any other meeting the holding of which is authorised by the authority, or a committee or sub-committee of the authority, or a joint committee of the authority and one or more other authorities, or a sub-committee of such a joint committee, provided that–

(i) where the authority is divided into two or more political groups, it is a meeting to which members of at least two such groups have been invited, or

(ii) if the authority is not so divided, it is a meeting to which at least two members of the authority have been invited;

(c) a meeting of any association of authorities of which the authority is a member.

(4) The duties excluded by this paragraph are those in respect of which the member receives remuneration otherwise than under a scheme.

(5) The amount of the attendance allowance shall be specified in the scheme and may vary according to the time of day and the duration of the duty; but shall be the same for all members of the authority entitled to the allowance in respect of a duty of any description at the same time of day and of the same duration.

(6) The scheme shall provide that a member shall not be entitled to payment of an attendance allowance–

(a) in respect of his attendance at any conference or meeting in relation to which he is entitled to a payment in the nature of an attendance allowance under section 175 of the 1972 Act(1); or

(b) if such payment would be contrary to a provision made by or under any enactment.

(7) The scheme may provide that a member shall not be entitled to payment of more than one attendance allowance in respect of any period of 24 hours beginning at such time as the authority may determine.

(1)

Section 175 was amended by the Local Government, Planning and Land Act 1980, section 25(3); and by the Local Government and Housing Act 1989, Schedule 11, paragraph 27.