The Local Authorities (Members' Allowances) (England) (Amendment) Regulations 2004

Explanatory Note

(This note is not part of the Order)

These Regulations amend the Local Authorities (Members' Allowances) (England) Regulations 2003 (“the 2003 Regulations”) so that all members of parish councils are eligible for travelling and subsistence allowance and not just elected members.

Regulation 3 amends regulation 24 of the 2003 Regulations to provide that references to “member” in Part 5 of the 2003 Regulations shall be construed as any member of a parish council whether elected or not, unless the Regulations specifically provide otherwise. Under the provisions of the Local Government Act 1972 parish council members may be directly elected or they may be appointed or co-opted onto the council.

Regulation 4 amends regulation 25 of the 2003 Regulations (which makes provision in respect of parish basic allowance) so that references to “member” in that regulation are to be construed as references to elected members only.

Regulation 5 amends regulation 28 of the 2003 Regulations (which makes provision in respect of the recommendations of parish remuneration panels) so that certain references to “member” in that regulation (those that relate to the payment of parish basic allowances) are to be construed as references to elected members only.

Regulation 6 adds an additional Regulation to the 2003 Regulations to provide that where a non-elected member of a parish council has incurred any expenses on travelling and subsistence during the period beginning with 31st December 2003 and ending on 2nd November 2004 (being the period during which such members could not claim travelling and subsistence allowance) the parish council may reimburse that member for the monies expended.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the cost of businesses, charities or voluntary bodies.