The Local Authorities (Members' Allowances) (Amendment) Regulations 1995
Citation, commencement and interpretation1.
(1)
These Regulations may be cited as the Local Authorities (Members' Allowances) (Amendment) Regulations 1995 and shall come into force on 1st April 1995.
(2)
Special responsibility allowances2.
In regulation 9 of the principal Regulations there are substituted—
(a)
in paragraph (1), for the words “shall provide”, the words “may provide”, and
(b)
in paragraph (2) for the words “The scheme shall”, the words “Any scheme making such provision as is mentioned in paragraph (1) shall”.
Attendance allowances3.
Regulation 10 of the principal Regulations is amended by inserting—
(a)
in paragraph (1)(a), after the words “paragraph (3)” the words “or (3A)”;
(b)
“(3A)
The duties referred to in this paragraph are duties undertaken on behalf of the authority—
(a)
in pursuance of any standing order requiring a member or members to be present while tender documents are opened;
(b)
in connection with the discharge of any function of the authority conferred by or under any enactment and empowering or requiring the authority to inspect or authorise the inspection of premises; or
(c)
in connection with arrangements made by the authority for the attendance of pupils at a school approved for the purposes of section 188 (special schools) of the Education Act 19934.”
Removal of financial restrictions4.
The following provisions of the principal Regulations are revoked:
(a)
regulations 11 and 12;
(b)
in regulation 17, paragraph (1); and
(c)
the Schedule.
Increase of allowances5.
(1)
The principal Regulations are amended as follows.
(2)
“(2)
Any payment of an allowance under section 175 of the 1972 Act in the nature of an attendance allowance (other than such a payment by a body to which Part II applies to a member who is a councillor) shall not exceed £26.20”;
(3)
In regulation 18(1) (attendance allowance) for “£25.20” there is substituted, in respect of an approved duty performed on or after 1st April 1995,“ £26.20”.
(4)
In regulation 18(2) (financial loss allowance), in respect of an approved duty performed on or after 1st April 1995—
(a)
in paragraph (a) for “ £21.45” there is substituted “£22.30”; and
(b)
in paragraphs (b) and (c), for “ £42.90” there is substituted “£44.60”.
Publicity6.
“Publicity26A.
(1)
Every authority shall, as soon as practicable after the making or amendment of any scheme made pursuant to these Regulations, make arrangements for its publication within the authority’s area.
(2)
As soon as practicable after the end of a year to which a scheme relates, every authority shall make arrangements for the publication within the authority’s area of the total sum paid by it in that year under the scheme to each member in respect of each of the following, namely, basic allowance, special responsibility allowance and attendance allowance.”
Revocation7.
Signed by authority of the Secretary of State.
These Regulations amend the Local Authorities (Members' Allowances) Regulations 1991 (“the 1991 Regulations”), which provide for the circumstances in which allowances are to be payable to members of local authorities, and for the maximum amount to be payable in respect of certain allowances.
Regulation 2 amends regulation 9 of the 1991 Regulations so that authorities are empowered, rather than required, to make schemes which provide for the payment of special responsibility allowances to elected members. Regulation 4 removes financial restrictions on the amounts which may be payable under allowance schemes, and regulation 6 provides for the publication of allowance schemes within an authority’s area.
Regulation 3 amends regulation 10 of the 1991 Regulations to provide for circumstances (in addition to attendance at certain meetings) in which an attendance allowance may be payable to elected members.
Regulation 5 increases by 2.8 per cent. the maxima which may be payable to parish and community councillors and to non-elected members of local authorities by way of allowances under section 173(1) (attendance allowance) and section 175 (allowances in respect of attendance at conferences and meetings) of the Local Government Act 1972, and increases by 3.9 per cent. the maximum payable by way of allowances under section 173(4) (financial loss allowance) of that Act.