The Local Authorities (Members' Allowances) (England) Regulations 2003

Contents

Part 1 · General

1Citation, commencement and application#

(1)These Regulations may be cited as the Local Authorities (Members' Allowances) (England) Regulations 2003 and shall come into force on 1st May 2003.

(2)These Regulations apply in England only.

2Interpretation#

In these Regulations—• “the Association of London Government” means the body known by that name and established on 1st April 2000 as a joint committee by the London borough councils and the Corporation of the City of London;• “basic allowance” has the same meaning as in regulation 4 of these Regulations;• “co-optees' allowance” has the same meaning as in regulation 9 of these Regulations;• “dependants' carers' allowance” has the same meaning as in regulation 7 of these Regulations;• “independent remuneration panel” means a panel or joint panel established under regulation 20 of these Regulations;• “local government elector” means a person entitled to vote as an elector at a local government election in accordance with section 2 of the Representation of the People Act 1983;• “parish basic allowance” has the same meaning as in regulation 25 of these Regulations;• “parish remuneration panel” means a panel or joint panel established under regulation 27 of these Regulations;• “parish travelling and subsistence allowance” has the same meaning as in regulation 26 of these Regulations;• “political group” means a group constituted in accordance with regulation 8 of the Local Government (Committees and Political Groups) Regulations 1990;• “proper officer” shall be construed in accordance with section 270(3) of the Local Government Act 1972;• “recommendation” means a recommendation made by a panel in accordance with regulations 21 and 28;• “the scheme” means the scheme for the payment of allowances made in accordance with Parts 2 and 3 of these Regulations;• “special responsibility allowance” has the same meaning as in regulation 5 of these Regulations;• “travelling and subsistence allowance” has the same meaning as in regulation 8 of these Regulations;• “unitary county council” means a county council for an area for which there is no district council; and• “year” means—(a) the period beginning on the date of the coming into force of these Regulations and ending on 31st March 2004; and(b) any period of 12 months ending on 31st March in any year after 2004.

3Application of these Regulations#

(1)Any reference in this Part and Parts 2 and 3 of these Regulations to an authority shall, unless otherwise specified be construed as a reference to a body of one of the following descriptions—

(a)a district council;

(b)a county council;

(c)a London borough council;

(d)the Council of the Isles of Scilly;

(e)a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

(f)a joint authority established by Part IV of the Local Government Act 1985;

(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)the Broads Authority;

(i)a National Park authority; and

(j)a conservation board of an area of outstanding natural beauty;

(2)For the purposes of section 18 of the Local Government and Housing Act 1989—

(a)the bodies referred to at sub-paragraphs (h) and (j) of paragraph (l) are hereby designated as relevant authorities; and

(b)any member of an authority listed in paragraph (l) shall be treated as if he were a councillor.

Part 2 · Allowances

4Basic allowance#

(1)An authority shall—

(a)make a scheme in accordance with these Regulations which shall provide for the payment of an allowance in respect of each year to each member of an authority, and the amount of such an allowance shall be the same for each such member (“basic allowance”); and

(b)pay basic allowance and any other allowance permitted by these Regulations only in accordance with such a scheme.

(1A)But a fire and rescue authority may not make any provision in such a scheme for the payment of any allowance to a PCC member of the authority.

(1B)For the purposes of paragraph (1A)—• “fire and rescue authority” means an authority of a description in regulation 3(1)(e);• “PCC member”, in relation to a fire and rescue authority, means a police and crime commissioner who is appointed, in that capacity, as a member of that authority.

(2)In relation to basic allowance, the scheme shall—

(a)specify the amount of entitlement by way of basic allowance in respect of any year to which it relates; and

(b)provide that where the term of office of a member begins or ends otherwise than at the beginning or end of a year, his entitlement shall be to payment of such part of the basic allowance as bears to the whole the same proportion as the number of days during which his term of office as member subsists bears to the number of days in that year.

(3)The scheme may specify that where a member is suspended or partially suspended from his responsibilities or duties as a member of an authority in accordance with Part III of the Local Government Act 2000 or regulations made under that Part, the part of basic allowance payable to him in respect of the period for which he is suspended or partially suspended may be withheld by the authority.

5Special responsibility allowance#

(1)A scheme made under this Part may provide, in accordance with paragraph (2), for the payment for each year for which that scheme relates of an allowance (“special responsibility allowance”) to such members of the authority as have such special responsibilities in relation to the authority as are specified in the scheme and are within one or more of the following categories—

(a)acting as leader or deputy leader of a political group within the authority;

(b)acting as a member of an executive where the authority are operating executive arrangements within the meaning of Part II of the Local Government Act 2000;

(c)presiding at meetings of 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;

(d)representing the authority at meetings of, or arranged by, any other body;

(e)acting as a member of a committee or sub-committee of the authority which meets with exceptional frequency or for exceptionally long periods;

(f)acting as the spokesman of a political group on a committee or sub-committee of the authority;

(g)acting as a member of an adoption panel within the meaning of the Adoption Agencies Regulations 1983;

(h)acting as a member of any committee or sub-committee that deals with any function arising under any enactment authorising the authority to license or control the carrying on of any activity;

(i)carrying out such other activities in relation to the discharge of the authority’s functions as require of the member an amount of time and effort equal to or greater than would be required of him by any one of the activities mentioned in sub-paragraphs (a) to (h) (whether or not that activity is specified in the scheme).

(2)Any scheme making such provision as is mentioned in paragraph (1) shall—

(a)specify the amount of each special responsibility allowance, which need not be the same;

(b)provide that, where—

(i)members of an authority are divided into at least two political groups; and

(ii)a majority of members of the authority belong to the same political group (“the controlling group”),

a special responsibility allowance shall be paid to at least one person who is not a member of the controlling group and has special responsibilities described in paragraph (1)(a) or (f); and

(c)provide that where a member does not have throughout the whole of a year any such special responsibilities as entitle him to a special responsibility allowance, his entitlement shall be to payment of such part of the special responsibility allowance as bears to the whole the same proportion as the number of days during which he has such special responsibilities bears to the number of days in that year.

(3)The scheme may specify that where a member is suspended or partially suspended from his responsibilities or duties as a member of an authority in accordance with Part III of the Local Government Act 2000 or regulations made under that Part, the part of special responsibility allowance payable to him in respect of the responsibility or duties from which he is suspended or partially suspended may be withheld by the authority.

6Special responsibility allowance for members of the Association of London Government#

(1)For the purposes of regulation 5—

(a)references to an authority shall include the Association of London Government, which is hereby designated for the purposes of section 18 of the Local Government and Housing Act 1989;

(b)references to members shall, in relation to that body, be references to its members who are also members of London borough councils; and

(c)references in regulation 5 to a scheme made under this Part shall, in relation to the Association of London Government, be construed as references to a scheme established by the Association of London Government for the payment of special responsibility allowance only, in accordance with regulation 5 and the Association of London Government is hereby authorised to make such a scheme in accordance with these Regulations.

(2)Where the Association of London Government pays special responsibility allowance to such members—

(a)Part 3 of these Regulations shall apply to that body in respect of its payments of special responsibility allowance as it applies to an authority; and

(b)Part 4 of these Regulations shall apply to that body as it applies to an authority as regards an independent remuneration panel established by regulation 20(1)(c).

7Dependants' carers' allowance#

(1)A scheme may provide for the payment to members of an authority of an allowance (“dependants' carers' allowance”) in respect of such expenses of arranging for the care of their children or dependants as are necessarily incurred in—

(a)the attendance at 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)the attendance at 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 at least one other local authority within the meaning of section 270(1) of the Local Government Act 1972, 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)the attendance at a meeting of any association of authorities of which the authority is a member;

(d)the attendance at a meeting of the executive or a meeting of any of its committees, where the authority is operating executive arrangements;

(e)the performance of any duty in pursuance of any standing order made under section 135 of the Local Government Act 1972 requiring a member or members to be present while tender documents are opened;

(f)the performance of any duty 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;

(g)the performance of any duty in connection with arrangements made by the authority for the attendance of pupils at any school approved for the purposes of section 342 of the Education Act 1996 (approval of non-maintained special schools); and

(h)the carrying out of any other duty approved by the authority, or any duty of a class so approved, for the purpose of, or in connection with, the discharge of the functions of the authority or any of its committees or sub-committees.

(2)For the purposes of this regulation, “authority” means an authority of any description specified in sub-paragraphs (a) to (c) of regulation 3(1).

8Travelling and subsistence allowance#

(1)A scheme may provide for the payment to members of an authority of an allowance in respect of travelling and subsistence (“travelling and subsistence allowance”), including an allowance in respect of travel by bicycle or by any other non-motorised form of transport, undertaken in connection with or relating to such duties as are specified in the scheme and are within one or more of the following categories—

(b)the attendance at 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 local authority within the meaning of section 270(1) of the Local Government Act 1972, 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)the attendance at a meeting of any association of authorities of which the authority is a member;

(d)the attendance at a meeting of the executive or a meeting of any of its committees, where the authority is operating executive arrangements;

(g)the performance of any duty in connection with arrangements made by the authority for the attendance of pupils at any school approved for the purposes of section 342 (approval of non-maintained special schools) of the Education Act 1996, and

(2)A scheme may specify that where a member is suspended or partially suspended from his responsibilities or duties as a member of an authority in accordance with Part III of the Local Government Act 2000 or regulations made under that Part, any travelling and subsistence allowance payable to him in respect of the responsibilities or duties from which he is suspended or partially suspended may be withheld by the authority.

(3)For the purposes of this regulation—

(a)a member of a committee or sub-committee of an authority is to be treated as a member of an authority; and

(b)an authority includes, in addition to those bodies referred to in regulation 3(1), the following bodies—

(i)an authority established under section 10 of the Local Government Act 1985 (waste disposal authorities); and

(ii)a joint board upon which a body referred to in regulation 3(1)(a) to (h) is represented.

9Co-optees' allowance#

(1)The scheme may provide for the payment of an allowance for each year to a member in respect of attendance at conferences and meetings (“co-optees' allowance”).

(2)In relation to co-optees' allowance, the scheme shall—

(a)specify the amount of entitlement by way of co-optees' allowance in respect of any year to which it relates; and

(b)provide that where the appointment of a member begins or ends otherwise than at the beginning or end of a year, his entitlement shall be to payment of such part of the co-optees' allowance as bears to the whole the same proportion as the number of days during which his term of office as member subsists bears to the number of days in that year.

(3)The scheme may specify that where a member is suspended or partially suspended from his responsibilities or duties as a member of an authority in accordance with Part III of the Local Government Act 2000 or regulations made under that Part, any co-optees' allowance payable to him in respect of the responsibilities or duties from which he is suspended or partially suspended may be withheld by the authority.

(4)The amount of co-optees' allowance payable to any member who presides at a meeting of an overview and scrutiny committee, where that committee’s functions under section 21 of the Local Government Act 2000 relate wholly or partly to any education functions which are the responsibility of the authority’s executive, shall not be less than the minimum amount of any special responsibility allowance payable under that authority’s scheme to a person who presides at meetings of any other other authority’s committees or sub-committees.

(5)For the purposes of paragraphs (1) to (4) of this Regulation, “member” means a person who is not a member of the authority but who is a member of a committee or sub-committee of an authority.

Part 3 · Schemes

10Requirements for schemes#

(1)Before the beginning of each year, an authority shall make the scheme required by regulation 4(1)(a) for the payment of basic allowance for that year.

(2)The scheme shall also make provision for the following allowances if an authority intends to make such payments in respect of the year—

(a)special responsibility allowance;

(b)dependants' carers' allowance;

(c)travelling and subsistence allowance; and

(d)co-optees' allowance.

(3)Subject to regulation 12 the scheme may be amended at any time but may only be revoked with effect from the beginning of a year.

(4)A scheme may make provision for an annual adjustment of allowances by reference to such index as may be specified by the authority and where the only change made to a scheme in any year is that effected by such annual adjustment in accordance with such index the scheme shall be deemed not to have been amended.

(5)Where an authority has regard to an index for the purpose of annual adjustment of allowances it must not rely on that index for longer than a period of four years before seeking a further recommendation from the independent remuneration panel established in respect of that authority on the application of an index to its scheme.

(6)Where an amendment is to be made which affects an allowance payable for the year in which the amendment is made, the scheme may provide for the entitlement to such allowance as amended to apply with effect from the beginning of the year in which the amendment is made.

(7)A scheme may provide that where payment of any allowance has already been made in respect of any period during which the member concerned is

(a)suspended or partially suspended from his responsibilities or duties as a member of the authority in accordance with Part III of the Local Government Act 2000 or regulations made under that Part;

(b)ceases to be a member of the authority; or

(c)is in any other way not entitled to receive the allowance in respect of that period,

the authority may require that such part of the allowance as relates to any such period be repaid to the authority.

(8)Where the scheme is revoked in accordance with this regulation or regulation 12, an authority shall before the revocation takes effect make a further scheme for the period beginning with the date on which the revocation takes effect and ending at the end of the year in question.

(9)A scheme must make provision to ensure that where a member of an authority is also a member of another authority, that member may not receive allowances from more than one authority in respect of the same duties.

11Pensions#

A scheme made by an authority to which regulation 3(1)(a), (b), (c) or (e) applies which provides that a member is entitled to a basic allowance or a special responsibility allowance must provide that—

(a)the member is entitled to a pension in accordance with a scheme made under section 1 of the Public Service Pensions Act 2013; and

(b)the basic allowance or special responsibility allowance (or both, as the case may be) is to be treated as an amount in respect of which such a pension is payable in accordance with a scheme made under section 1 of the 2013 Act.

12Transitional provisions for revocation of allowance schemes#

Where an independent remuneration panel has produced a report in accordance with regulation 21, a district, county or London borough council may, notwithstanding regulation 10(3), revoke an allowance scheme at any time once that council has begun to operate—

(a)executive arrangements, where they are being operated in place of existing alternative arrangements;

(b)alternative arrangements, where they are being operated in place of existing executive arrangements; or

(c)different executive arrangements which involve an executive which takes a different form.

13Elections to forgo allowances#

The scheme shall provide that a person may, by notice in writing given to the proper officer of the authority, elect to forgo his entitlement or any part of his entitlement to allowances.

14Claims and payments#

(1)The scheme shall specify a time limit from the date on which an entitlement to each of the following allowances arises during which a claim for such allowances must be made by the person to whom they are payable—

(a)dependants' carers' allowance;

(b)travelling and subsistence allowance; and

(c)co-optees' allowance.

(2)Nothing in paragraph (1) shall prevent an authority from making a payment where the allowance is not claimed within the period specified in the scheme.

(3)The scheme may provide for payments of allowances to be made at such times as may be specified in it, and different times may be specified for different allowances.

15Records of allowances#

(1)An authority shall keep a record of the payments made by it in accordance with a scheme.

(2)Such a record shall—

(a)specify the name of the recipient of the payment and the amount and nature of each payment;

(b)be available, at all reasonable times, for inspection and at no charge—

(i)where it is kept by an authority specified in regulation 3(1)(a) to 3(1)(d), by any local government elector for the area of that authority; and

(ii)where it is kept by any other authority, by any local government elector of any authority specified in regulation 3(1)(a) to 3(1)(d) in whose area that other authority exercises functions; and

(c)be supplied in copy to any person who requests such a copy and who pays to the authority such reasonable fee as it may determine.

(3)As soon as reasonably practicable after the end of a year to which the scheme relates, an authority shall make arrangements for the publication within the authority’s area of the total sum paid by it in the year under the scheme to each recipient in respect of each of the following—

(a)basic allowance;

(b)special responsibility allowance;

(c)dependants' carers' allowance;

(d)travelling and subsistence allowance; ^note...

(e)co-optees' allowance;

(f)the employer contributions paid in respect of each recipient under regulation 11 (pensions).

16Publicity#

(1)An authority shall, as soon as reasonably practicable after the making or amendment of a scheme, make arrangements for its publication by—

(a)ensuring that copies of the scheme are available for inspection by members of the public at the principal office of the authority, at all reasonable hours; and

(b)publishing in one or more newspapers circulating in its area, a notice which—

(i)states that the authority has made or amended a scheme and specifies the period of time for which the scheme has effect;

(ii)describes the main features of the scheme and specifies the amounts payable in respect of each allowance mentioned in the scheme;

(iii)describes any responsibilities or duties specified in the scheme in accordance with regulations 5(1) and 8(1) in relation to special responsibility allowance and travelling and subsistence allowance;

(iv)confirms that in making or amending the scheme, the authority complied with any duty arising under regulation 19 to have regard to the recommendations of an independent remuneration panel;

(v)describes the main features of that panel’s recommendations and specifies the recommended amounts of each allowance mentioned in its report for that authority;

(vi)states that copies of the scheme and copies of a record kept in accordance with regulation 15(1) and (2) are available at the principal office of the authority for inspection by members of the public at such times as may be specified by the authority in the notice; and

(vii)specifies the address of the principal office of the authority at which such copies are made available.

(2)An authority shall ensure that a notice in the form required under sub-paragraph (b) is published in one or more newspapers circulating in its area as soon as possible after the expiration of twelve months after the previous publication of such a notice, irrespective of whether the scheme has been amended during that twelve month period.

(3)An authority shall supply a copy of the scheme to any person who requests a copy and who pays to the authority such reasonable fee as the authority may determine.

17Transitional provisions#

(1)Notwithstanding regulation 33, any scheme made by an authority in accordance with the Local Authorities (Members' Allowances) regulations 1991 as amended shall continue in force up to and including 30th December 2003 or until a new scheme in accordance with these Regulations is made by the authority, if sooner.

(2)An authority shall make a scheme in accordance with these Regulations on or prior to 31st December 2003.

(3)Where an authority first makes a scheme in accordance with these Regulations it shall revoke any previous scheme for the payment of allowances and ensure that the scheme made in accordance with these Regulations takes effect on the date that the revocation of the previous scheme takes effect.

(4)Subject to paragraph (5), any scheme made by an authority in accordance with these Regulations between the coming into force of these Regulations and 31st December 2003 may make provision for any allowance payable in accordance with such a scheme to be payable as if the scheme had been in force with effect from 1st May 2003.

(5)Any provision made in accordance with paragraph (4) shall not permit a member to receive a greater amount in total under the provisions of that scheme and any previous scheme, in respect of any duty carried out between the coming into force of these Regulations and the making of a scheme in accordance with these Regulations, than he would have received had the scheme been in effect from the 1st May 2003.

Part 4 · Independent remuneration panels

18Application of this Part#

Any reference in this Part to an authority, unless otherwise specified, shall be construed as a reference to a body of one of the following descriptions—

(a)a district council;

(b)a county council; and

(c)a London borough council.

19Duty to have regard to recommendations#

(1)Before an authority referred to in regulation 3(1)(a), (b), or (c) makes or amends a scheme, the authority shall have regard to the recommendations made in relation to it by an independent remuneration panel.

(2)Before an authority referred to in regulation 3(1)(e), (f), (g), (h), (i) or (j) makes or amends a scheme that authority shall have regard to the recommendations made by any independent remuneration panels in relation to any authority of a description referred to in regulations 3(1)(a), (b) or (c) by which any of its members are nominated.

20Independent remuneration panels#

(1)An independent remuneration panel shall be established in respect of each authority by one of the following means—

(a)by an authority in which case that panel shall exercise the functions specified in regulation 21 in respect of that authority;

(b)jointly by any authorities in which case that panel shall exercise the functions specified in regulation 21 in respect of the authorities which established it; or

(c)by the Association of London Government in which case that panel shall exercise the functions specified in regulation 21 in respect of any London borough councils,

but there shall not be more than one panel which makes recommendations in respect of an authority.

(2)An independent remuneration panel shall consist of at least three members none of whom—

(a)is also a member of an authority in respect of which it makes recommendations or is a member of a committee or sub-committee of such an authority; or

(b)is disqualified from being or becoming a member of an authority.

(3)An authority may pay the expenses incurred by an independent remuneration panel established under paragraph (1)(a) or (1)(b) in carrying out its functions and may pay the members of the panel such allowances or expenses as the authority or authorities for which it makes recommendations may determine.

(4)The Association of London Government may pay the expenses incurred by an independent remuneration panel established under paragraph (1)(c) in carrying out its functions and may pay the members of the panel such allowances or expenses as it may determine.

21Recommendations of panels#

(1)An independent remuneration panel shall produce a report in relation to the authority or authorities in respect of which it was established, making recommendations—

(a)as to the responsibilities or duties in respect of which the following should be available—

(i)special responsibility allowance;

(ii)travelling and subsistence allowance; and

(iii)co-optees' allowance;

(b)as to the amount of such allowances and as to the amount of basic allowance;

(c)as to whether dependants' carers' allowance should be payable to members of an authority, and as to the amount of such an allowance;

(d)as to whether, in the event that the scheme is amended at any time so as to affect an allowance payable for the year in which the amendment is made, payment of allowances may be backdated in accordance with regulation 10(6);

(e)as to whether adjustments to the level of allowances may be determined according to an index and if so which index and how long that index should apply, subject to a maximum of four years, before its application is reviewed;

(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)A copy of a report made under paragraph (1) shall be sent to each authority in respect of which recommendations have been made.

(3)An independent remuneration panel may make different recommendations in relation to each of the authorities for which it exercises functions.

22Publicity for recommendations of panels#

(1)Once an authority receives a copy of a report made to it by an independent remuneration panel in accordance with regulation 21, it shall, as soon as reasonably practicable—

(a)ensure that copies of that report are available for inspection by members of the public at the principal office of the authority, at all reasonable hours; and

(b)publish in one or more newspapers circulating in its area, a notice which—

(i)states that it has received recommendations from an independent remuneration panel in respect of its scheme;

(ii)describes the main features of that panel’s recommendations and specifies the recommended amounts of each allowance mentioned in the report in respect of that authority;

(iii)states that copies of the panel’s report are available at the principal office of the authority for inspection by members of the public at such times as may be specified by the authority in the notice; and

(iv)specifies the address of the principal office of the authority at which such copies are made available.

(2)An authority shall supply a copy of a report made by an independent remuneration panel in accordance with regulation 21 to any person who requests a copy and who pays to the authority such reasonable fee as the authority may determine.

23Transitional provisions for independent remuneration panels#

Notwithstanding regulation 33(1)(f), any independent remuneration panel established under the Local Authorities (Members' Allowances) (England) Regulations 2001 shall continue in being and shall constitute an independent remuneration panel for the purposes of these Regulations as if it had been established under regulation 20, although where the composition of such a panel does not comply with these Regulations, the authority or authorities or other body by which it is established must ensure that the panel does so comply on or before 30th November 2003.

Part 5 · Parish councils

24Application of this Part#

Any reference in this Part—

(a)to an authority is, unless otherwise specified, a reference to a parish council;

(b)to a member is, unless otherwise specified or the context otherwise requires, a reference to a member of a parish council, whether or not elected to such office;

(c)to a responsible authority is, in relation to a parish council, a reference to the district council or unitary county council—

(i)where the parish council is the council for one parish, in whose area the parish council is situated; or

(ii)where the parish council is the council for a group of parishes, in whose area all the parishes in the group are situated or, where that is not the case, in whose area the greatest number of local government electors for the parishes in the group is situated; and

(d)to an establishing authority is, in relation to a parish remuneration panel, a reference to the responsible authority that established that parish remuneration panel.

25Parish basic allowance#

(1)An authority may pay an allowance for each year (“parish basic allowance”)—

(a)to its chairman only; or

(b)to each of its members,

and the amount of that allowance payable to its chairman may differ from that payable to each other member of the authority, but otherwise that amount shall be the same for each such member.

(2)Where an authority proposes to pay parish basic allowance, whether to its chairman only or to each of its members, it must have regard, in setting the level or levels of such allowances, to the recommendations which have been made in respect of it by a parish remuneration panel in accordance with regulation 28.

(3)Subject to paragraph (4), where an authority proposes to pay parish basic allowance in any year to its members and the term of office of any member begins or ends otherwise than at the beginning or end of a year, that member’s entitlement shall be to payment of such part of the parish basic allowance as bears to the whole the same proportion as the number of days during which his term of office subsists bears to the number of days in that year.

(4)Where an authority proposes to pay parish basic allowance in any year—

(a)to its chairman only; or

(b)to all its members but at a higher level to the chairman,

and the term of office of the chairman as chairman begins or ends otherwise than at the beginning or end of a year, his entitlement for the period during which he holds the office of chairman shall be to payment of such part of the parish basic allowance to which he is entitled as chairman as bears to the whole the same proportion as the number of days during which his term of office as chairman subsists bears to the number of days in that year.

(5)Where a member is suspended or partially suspended from his responsibilities or duties as a member of an authority in accordance with Part III of the Local Government Act 2000 or regulations made under that Part, the part of the parish basic allowance payable to him in respect of the period for which he is suspended or partially suspended may be withheld by the authority.

(6)An authority shall, as soon as reasonably practical after setting the levels at which any parish basic allowance is to be paid and to whom, arrange for the publication in a conspicuous place or places in the area of the authority, for a period of at least 14 days, of a notice or notices containing the following information—

(a)any recommendation in respect of parish basic allowance made by the parish remuneration panel;

(b)the level or levels at which the authority has decided to pay parish basic allowance and to which members it is to be paid; and

(c)a statement that in reaching the decision on the matters referred to in sub-paragraph (b) the authority has had regard to the recommendation of the parish remuneration panel.

(7)An authority shall ensure that it keeps a copy of the information referred to in paragraph (6) available for inspection by members of the public on reasonable notice.

(8)An authority may require that where payment of parish basic allowance has already been made in respect of any period during which the member concerned is—

(a)suspended or partially suspended from his responsibilities or duties as a member of the authority in accordance with Part III of the Local Government Act 2000 or regulations made under that Part;

(b)ceases to be a member of the authority; or

(c)is in any other way not entitled to receive the allowance in respect of that period,

such part of the allowance as relates to any such period shall be repaid to the authority.

(9)An authority may not make any payment, and a member is not entitled to receive any payment, under the provisions of this regulation in respect of any period prior to 31st December 2003 if payment is made, in respect of any duties carried out by the member during that same period, under any of the provisions referred to in regulation 34(1).

(10)For the purposes of this Regulation any reference to a member is a reference to an elected member of a parish council.

26Parish travelling and subsistence allowance#

(1)An authority may pay to its members allowances in respect of travelling and subsistence (“parish travelling and subsistence allowance”), including an allowance in respect of travel by bicycle or by any other non-motorised form of transport, undertaken or incurred in connection with the performance of any duty within one or more of the following categories—

(b)the attendance at a meeting of any association of authorities of which the authority is a member;

(c)the performance of any duty in pursuance of any standing order made under section 135 of the Local Government Act 1972 requiring a member or members to be present while tender documents are opened;

(d)the performance of any duty 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; and

(e)the carrying out of any other duty approved by the authority, or any duty of a class so approved, for the purpose of, or in connection with, the discharge of the functions of the authority or of any of its committees or sub-committees.

(2)Where a member is suspended or partially suspended from his responsibilities or duties as a member of an authority in accordance with Part III of the Local Government Act 2000 or regulations made under that Part, any parish travelling and subsistence allowance payable to him in respect of the responsibilities or duties from which he is suspended or partially suspended may be withheld by the authority.

(3)An authority may require that where payment of travelling and subsistence allowance has already been made in respect of any period during which the member concerned is—

(a)suspended or partially suspended from his responsibilities or duties as a member of the authority in accordance with Part III of the Local Government Act 2000 or regulations made under that Part;

(b)ceases to be a member of the authority; or

(c)is in any other way not entitled to receive the allowance in respect of that period,

such part of the allowance as relates to any such period shall be repaid to the authority.

(4)An authority may not make any payment, and a member is not entitled to receive any payment, under the provisions of this regulation in respect of any period prior to 31st December 2003 if payment is made, in respect of any travelling and subsistence expenses incurred by the member during that same period, under any of the provisions referred to in regulation 34(1).

26AReimbursement of expenses#

(1)An authority may reimburse to a member any monies expended by that member in respect of travelling or subsistence expenses, including any expenses in respect of travel by bicycle or by any other non-motorised form of transport, incurred in connection with the performance by that member of any duty falling within one or more of the categories set out in regulation 26(1)(a) to (e) during the period beginning with 31st December 2003 and ending on 2nd November 2004.

(2)Any reference to a member in paragraph (1) of this Regulation is a reference to a member of a parish council other than an elected member.

27Parish remuneration panels#

(1)A parish remuneration panel may be established—

(a)by a responsible authority and shall make recommendations in respect of the authorities for which the establishing authority is the responsible authority; or

(b)jointly by any responsible authorities and shall make recommendations in respect of the authorities for which the establishing authorities are the responsible authorities.

(2)Subject to paragraph (3), a parish remuneration panel shall consist of those persons who are also members of the independent remuneration panel which exercises functions in respect of the establishing authority or authorities.

(3)A parish remuneration panel shall not include any member who is also a member of an authority in respect of which it makes recommendations or is a member of a committee or sub-committee of such an authority.

(4)The authorities in respect of which a parish remuneration panel established under paragraph (1) makes recommendations shall each pay to the parish remuneration panel an equal share of the amount of the expenses incurred by that panel in carrying out that panel’s functions.

28Recommendations of parish remuneration panels#

(1)A parish remuneration panel shall produce a report in relation to the members of the authorities in respect of which it was established, making recommendations, in accordance with the provisions of regulation 29, as to—

(a)the amount of parish basic allowance payable to members of such authorities;

(b)the amount of travelling and subsistence allowance payable to members of such authorities;

(c)the responsibilities or duties in respect of which members should receive parish travelling and subsistence allowance.

(d)whether, if parish basic allowance should be payable to both the chairman and the other members of any such authority, the allowance payable to the chairman should be set at a level higher than that payable to the other members and, if so, the higher amount so payable; and

(2)A copy of a report made under paragraph (1) shall be sent to each authority in respect of which recommendations have been made.

(3)For the purposes of this Regulation any reference to a member in relation to payments of parish basic allowance is a reference to an elected member of a parish council.

29Levels of allowances#

(1)A parish remuneration panel may, in making its recommendations in accordance with regulations 27 and 28, either—

(a)apply the same recommended levels of parish basic allowance and parish travelling and subsistence allowance to all the authorities in respect of which it was established; or

(b)make different recommendations for different authorities.

(2)A parish remuneration panel shall express its recommendation as to the level of parish basic allowance, in respect of a parish or parishes, as a percentage of the sum that an independent remuneration panel has recommended as the level of basic allowance for the establishing authority which is the responsible authority for that parish or parishes.

(3)The percentage referred to in paragraph (2) may be one hundred per cent.

(4)A parish remuneration panel shall also express its recommendation as to the level of parish basic allowance as a monetary sum being a monetary sum equivalent to the percentage expressed in accordance with paragraphs (2) and (3).

30Publicity in respect of reports of parish remuneration panels#

(1)Once an authority receives a copy of a report made to it by a parish remuneration panel in accordance with regulation 28, it shall, as soon as reasonably practicable—

(a)ensure that copies of that report are available for inspection by members of the public on reasonable notice; and

(b)arrange for the publication in a conspicuous place or places in the area of the authority, for a period of at least 14 days, of a notice which—

(i)states that it has received recommendations from a parish remuneration panel in respect of allowances;

(ii)describes the main features of that panel’s recommendations and specifies the recommended amounts of each allowance mentioned in the report in respect of that authority; and

(iii)states that copies of the panel’s report are available for inspection on reasonable notice and gives details of the manner in which notice should be given of an intention to inspect the report.

(2)An authority shall supply a copy of a report made by a parish remuneration panel in accordance with regulation 28 to any person who requests a copy and who pays to the authority such reasonable fee as the authority may determine.

31Records of parish allowances#

(1)An authority shall keep a record of the payments made by it in respect of—

(a)parish basic allowance; and

(b)parish travelling and subsistence allowance.

(2)Such a record shall—

(a)specify the name of the recipient and the amount and nature of each payment;

(b)be available for inspection on reasonable notice and at no charge, by any local government elector for the area of that authority; and

(c)be supplied in copy to any person who is entitled to inspect a record under paragraph (b) and who requests a copy and pays to the authority such reasonable fee as it may determine.

(3)As soon as reasonably practicable after the end of a year, an authority shall arrange for the publication, for a period of at least 14 days, of a notice in a conspicuous place or places in the area of the authority stating the total sum paid by it in the year to each member in respect of each of the following—

(a)parish basic allowance; and

(b)parish travelling and subsistence allowance.

32Elections to forgo parish allowances#

A member may, by notice in writing given to the proper officer of the authority, elect to forgo his entitlement or any part of his entitlement to allowances.

Part 6 · Transitional provisions, revocation and disapplications

33Revocation#

(1)The following Regulations shall be revoked to the extent not already revoked—

(a)the Local Authorities (Members' Allowances) Regulations 1991;

(b)the Local Authorities (Members' Allowances) (Amendment) Regulations 1995;

(c)the Local Authorities (Members' Allowances) (Amendment) Regulations 1996;

(d)the Local Authorities (Members' Allowances) (Amendment) (England) Regulations 2000;

(e)the Local Authorities (Members' Allowances) (Amendment) (England) (No. 2) Regulations 2000; and

(f)the Local Authorities (Members' Allowances) (England) Regulations 2001.

(2)Paragraph 4 of the Schedule to the Greater London Authority Act 1999 (Consequential Amendments of Subordinate Legislation) (Fire etc. Authority) Order 2000 shall be revoked.

34Disapplication#

(1)Subject to paragraphs (2) and (3), the following shall be disapplied as respects authorities—

(a)sections 173 to 175 of the Local Government Act 1972;

(b)section 176(1)(a) and (2) of that Act; and

(c)section 18(2)(b) of the Local Government and Housing Act 1989,

(i)the payment of any allowance payable to members of an admissions appeal panel constituted in accordance with regulations made by the Secretary of State under the provisions of the School Standards and Framework Act 1998; and

(ii)the payment of any allowance payable to members of an exclusions review panel constituted in accordance with regulations made by the Secretary of State under the provisions of the Education Act 2002.

for all purposes other than—

(2)As respects parish councils the provisions referred to in paragraph (1) shall be disapplied with effect from 31st December 2003.

(3)As respects any other authority the provisions referred to in paragraph (1) shall be disapplied with effect from the date upon which such authority makes a scheme in accordance with Parts 2 and 3 of these Regulations.

(4)In this regulation, the reference to “authorities” is a reference to the following bodies—

(a)a district council;

(b)a county council;

(c)a London borough council;

(d)the Council of the Isles of Scilly;

(e)a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

(f)a joint authority established by Part IV of the Local Government Act 1985;

(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)the Broads Authority;

(i)a National Park authority;

(j)a conservation board of an area of outstanding natural beauty; and

(k)a parish council.

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 17

Show every defined term

authority
means an authority of any description specified in sub-paragraphs (a) to (c) of regulation 3(1).
basic allowance
has the same meaning as in regulation 4 of these Regulations;
fire and rescue authority
means an authority of a description in regulation 3(1)(e);
independent remuneration panel
means a panel or joint panel established under regulation 20 of these Regulations;
local government elector
means a person entitled to vote as an elector at a local government election in accordance with section 2 of the Representation of the People Act 1983;
member
means a person who is not a member of the authority but who is a member of a committee or sub-committee of an authority.
parish basic allowance
has the same meaning as in regulation 25 of these Regulations;
parish remuneration panel
means a panel or joint panel established under regulation 27 of these Regulations;
parish travelling and subsistence allowance
has the same meaning as in regulation 26 of these Regulations;
political group
means a group constituted in accordance with regulation 8 of the Local Government (Committees and Political Groups) Regulations 1990;
recommendation
means a recommendation made by a panel in accordance with regulations 21 and 28;
special responsibility allowance
has the same meaning as in regulation 5 of these Regulations;
the Association of London Government
means the body known by that name and established on 1st April 2000 as a joint committee by the London borough councils and the Corporation of the City of London;
the scheme
means the scheme for the payment of allowances made in accordance with Parts 2 and 3 of these Regulations;
travelling and subsistence allowance
has the same meaning as in regulation 8 of these Regulations;
unitary county council
means a county council for an area for which there is no district council;
year
means— (a) the period beginning on the date of the coming into force of these Regulations and ending on 31st March 2004;

1Citation, commencement and application#

2Interpretation#

3Application of these Regulations#

4Basic allowance#

5Special responsibility allowance#

6Special responsibility allowance for members of the Association of London Government#

7Dependants' carers' allowance#

8Travelling and subsistence allowance#

9Co-optees' allowance#

10Requirements for schemes#

11Pensions#

12Transitional provisions for revocation of allowance schemes#

13Elections to forgo allowances#

14Claims and payments#

15Records of allowances#

16Publicity#

17Transitional provisions#

18Application of this Part#

19Duty to have regard to recommendations#

20Independent remuneration panels#

21Recommendations of panels#

22Publicity for recommendations of panels#

23Transitional provisions for independent remuneration panels#

24Application of this Part#

25Parish basic allowance#

26Parish travelling and subsistence allowance#

26AReimbursement of expenses#

27Parish remuneration panels#

28Recommendations of parish remuneration panels#

29Levels of allowances#

30Publicity in respect of reports of parish remuneration panels#

31Records of parish allowances#

32Elections to forgo parish allowances#

33Revocation#

34Disapplication#

Connections

Defined terms · 17

History · 7 versions

Key facts

1Citation, commencement and application#

2Interpretation#

3Application of these Regulations#

4Basic allowance#

5Special responsibility allowance#

6Special responsibility allowance for members of the Association of London Government#

7Dependants' carers' allowance#

8Travelling and subsistence allowance#

9Co-optees' allowance#

10Requirements for schemes#

11Pensions#

12Transitional provisions for revocation of allowance schemes#

13Elections to forgo allowances#

14Claims and payments#

15Records of allowances#

16Publicity#

17Transitional provisions#

18Application of this Part#

19Duty to have regard to recommendations#

20Independent remuneration panels#

21Recommendations of panels#

22Publicity for recommendations of panels#

23Transitional provisions for independent remuneration panels#

24Application of this Part#

25Parish basic allowance#

26Parish travelling and subsistence allowance#

26AReimbursement of expenses#

27Parish remuneration panels#

28Recommendations of parish remuneration panels#

29Levels of allowances#

30Publicity in respect of reports of parish remuneration panels#

31Records of parish allowances#

32Elections to forgo parish allowances#

33Revocation#

34Disapplication#