Local Government (Payments to Councillors) Regulations (Northern Ireland) 2012

PART 3 ADMINISTRATIVE ARRANGEMENTS

Claims for allowances

8.—(1) A councillor entitled to an allowance under regulation 6 shall make a claim for such allowance, in such form as the council may direct, to the clerk of the council and shall make a declaration that—

(a) there has not been and will not be any claim submitted to any other body in respect of the dependants’ carers’ allowance to which the claim relates;

(b) the amounts claimed are strictly in accordance with these Regulations;

(c) the care to which the claim relates has been provided;

(d) the costs to which the claim relates have necessarily been incurred; and

(e) the costs to which the claim relates have been paid by the councillor.

(2) A councillor or committee member entitled to an allowance under regulation 7 shall make a claim for such an allowance, in such form as the council may direct, to the clerk of the council, and shall make a declaration that there has not been and will not be any claim for allowances from any other body in respect of the travel and subsistence to which the claim relates.

Time for submission of claims

9.  A claim for any allowance under regulation 6 or regulation 7 shall be submitted within 3 months from the date on which the approved duty was performed.

Records of allowances

10.—(1) A council shall keep a record of the payments made by it in accordance with these Regulations or any scheme made pursuant to them.

(2) Such record must—

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

(b) be available, at all times, for inspection (free of charge) by any interested person.

(3) A person who is entitled to inspect a record under paragraph (2) may make a copy of any part of it on payment of such reasonable fee as may be required by the council.

(4) In this regulation, “interested person” means—

(a) a local elector for the district of the council to which the scheme relates;

(b) a person liable for rates in respect of any hereditament situated in that district; or

(c) a representative of a person mentioned in sub-paragraph (a) or (b).

Publicity

11.—(1) A council shall, as soon as practicable after the making or amendment of any scheme of payments made pursuant to these Regulations—

(a) arrange for a copy of the scheme to be published on its website; and

(b) make such other arrangements for the publication of the scheme within the district of the council as it considers appropriate.

(2) As soon as practicable after the end of a year to which a scheme relates, a council shall make arrangements for the publication on the council website of the total sum paid in that year to each councillor in respect of each of the following—

(a) basic allowance;

(b) special responsibility allowance; and

(c) dependants’ carers’ allowance.

(3) As soon as practicable after the end of a year to which a scheme relates, a council shall make arrangements for the publication on the council website of the total sum paid in that year to each councillor or committee member in respect of travel and subsistence.

Amendments to the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations (Northern Ireland) 2009

12.—(1) The Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations (Northern Ireland) 2009(1) shall be amended in accordance with paragraph (2).

(2) In the Schedule (councillor members), in paragraph 1—

(a) in regulation 4(1) for the words “the Local Government (Payments to Councillors) Regulations (Northern Ireland) 1999” substitute “the Local Government (Payments to Councillors) Regulations (Northern Ireland) 2012”; and

(b) in regulation 4(2) for the words “in regulations 3 and 5 respectively of the Local Government (Payments to Councillors) Regulations (Northern Ireland) 1999” substitute “in regulations 4 and 5 respectively of the Local Government (Payments to Councillors) Regulations (Northern Ireland) 2012”.

Revocations and savings

13.—(1) Subject to paragraph (2) the Regulations specified in Schedule 3 are revoked.

(2) The Regulations specified in Schedule 3 shall continue to have effect in relation to claims made for allowances or other payments in respect of duties performed before these Regulations come into operation.

(1)

S.R. 2009 No. 32 as amended by S.R. 2010 No. 164, S.R. 2010 No. 410 and S.R. 2011 No. 117