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

regulation 7(1)(a)

SCHEDULE 1 RULES WITH RESPECT TO THE PAYMENT OF TRAVEL ALLOWANCES

1.  The rate for travel by public service shall not exceed the amount of the ordinary first class fare or any available cheap first class fare, provided that the sum paid shall not exceed the actual amount disbursed by the councillor or committee member.

2.  The rate specified in the preceding paragraph may be increased by supplementary allowances not exceeding expenditure actually incurred—

(a) on special supplements, reservation of seats and deposits or porterage of luggage; and

(b) on sleeping accommodation engaged by the councillor or committee member for an overnight journey subject, however, to reduction by one third of any subsistence allowance payable for that night.

3.  The rate for travel by taxi shall not exceed—

(a) in cases of urgency or where no public service is reasonably available, the amount of the actual fare and any reasonable gratuity paid; and

(b) in any other case, the amount of the fare which the councillor or committee member would have been entitled to claim if travelling by appropriate public service.

4.  The rate for travel by a hired motor vehicle other than a taxi shall not exceed the rate which would have been applicable had the vehicle belonged to the councillor or committee member who hired it, provided that where the council so approves, the rate may be increased to an amount not exceeding the actual cost of the hiring.

5.  Fares for travel by air shall be payable if either—

(a) the rate for travel by air does not exceed the rate applicable to travel by appropriate alternative means of transport together with an allowance equivalent to the amount of any saving in subsistence expenses consequent on travel by air; or

(b) the council resolves, either generally or specially, that the saving in time is so substantial as to justify payment of the fare for travel by air, in which case there may be paid an amount not exceeding—

(i) the ordinary or any available cheap fare for travel by regular air service; or

(ii) where no such service is available, or in any case of urgency, the fare actually paid by the councillor or committee member.

6.—(1) If a councillor or committee member uses a private motor vehicle in preference to a public service, or where a public service is not available, the rates per mile payable shall be determined by the council in respect of the types of vehicles specified in sub-paragraph (2).

(2) The types of vehicles specified for the purposes of sub-paragraph (1) are—

(a) a pedal cycle;

(b) a solo motor cycle of cylinder capacity not exceeding 149cc;

(c) a solo motor cycle of cylinder capacity exceeding 149cc but not exceeding 499cc;

(d) a solo motor cycle exceeding 499cc cylinder capacity or a motor cycle with a sidecar;

(e) a motor car or tri-car of cylinder capacity not exceeding 450cc;

(f) a motor car or tri-car of cylinder capacity exceeding 450cc but not exceeding 999cc;

(g) a motor car or tri-car of cylinder capacity exceeding 999cc but not exceeding 1,199cc; and

(h) a motor car or tri-car of cylinder capacity exceeding 1,199cc.

(3) The rates payable under sub-paragraph (1) may be increased—

(a) where other councillors or committee members are conveyed in the same vehicle on the business of the council, by an additional rate per mile determined by the council for the carriage of each additional passenger;

(b) by not more than the amount of any expenditure incurred on tolls, ferries or parking fees; or

(c) in the case of an absence overnight from the usual place of residence, by an amount determined by the council for garaging a motor car, tri-car, or a motor vehicle of any other type, but not exceeding the amount actually paid by the councillor or committee member.

(4) For the purpose of this paragraph, cylinder capacity shall be calculated in the manner prescribed by regulation 43 of the Road Vehicles (Registration and Licensing) Regulations 2002(1), provided that where the engine of a car has been rebored the calculation shall be based on the engine as it was when new.

regulation 7(1)(b)

SCHEDULE 2 RULES WITH RESPECT TO THE PAYMENT OF SUBSISTENCE ALLOWANCES

1.  Subsistence allowances shall be payable in respect of both an absence involving an absence overnight from the usual place of residence and an absence not involving an absence overnight from the usual place of residence.

2.—(1) The rates of subsistence allowance not involving an absence overnight from the usual place of residence shall be determined by the council in respect of the time specified in sub-paragraph (3).

(2) Where breakfast, lunch, tea or evening meal is taken on a train the reasonable cost of the meal (including value added tax) may be reimbursed in full, in respect of the time specified in sub-paragraph (3).

(3) The meals allowances and the time away from home specified for the purposes of sub-paragraph (1) are—

(a) breakfast allowance: an absence of four hours away from the normal place of residence or where the council permits, a lesser period, before 11 am;

(b) lunch allowance: an absence of four hours away from the normal place of residence or where the council permits, a lesser period, including all of the period between 12 noon and 2 pm;

(c) tea allowance: an absence of four hours away from the normal place of residence or where the council permits, a lesser period, including all of the period between 3 pm and 6 pm; and

(d) evening meal allowance; an absence of four hours away from the normal place of residence or where the council permits, a lesser period, ending after 7 pm.

3.  The rates of subsistence allowance for an absence overnight from the usual place of residence shall be determined by the council.

4.  The rates determined in respect of an absence overnight from the usual place of residence shall cover a continuous period of absence of twenty-four hours.

5.  For an absence overnight of a period less than twenty-four hours, an appropriate amount in respect of any meal allowance shall be deducted from the maximum rate determined.

6.  Any rate determined shall be reduced by an appropriate amount in respect of any meal provided free of charge by any body during the period to which the allowance relates.

7.—(1) For an absence from the usual place of residence overnight in London or exceptionally in any other place in the British Isles approved by the Department, the rates may be increased by a supplementary allowance of such amount as the council may determine.

(2) For the purpose of this paragraph London means the City of London and the London Boroughs of Camden, Greenwich, Hackney, Hammersmith and Fulham, Islington, Kensington and Chelsea, Lambeth, Lewisham, Southwark, Tower Hamlets, Wandsworth and Westminster.

regulation 13

SCHEDULE 3 REGULATIONS REVOKED

• Local Government (Travelling and Subsistence Allowances to Councillors) (No. 2) Regulations (Northern Ireland) 1973(2)

• Councillors (Travelling and Subsistence Allowances) (Amendment) Regulations (Northern Ireland) 1979(3)

• Local Government (Travelling and Subsistence Allowances to Councillors) (Amendment) Regulations (Northern Ireland) 1981(4)

• Councillors (Travelling and Subsistence Allowances) (Amendment) Regulations (Northern Ireland) 1997(5)

• Local Government (Payments to Councillors) Regulations (Northern Ireland) 1999(6)

• Councillors (Travelling and Subsistence Allowances) (Amendment) Regulations (Northern Ireland) 2003(7)

• Local Government (Payments to Councillors) (Amendment) Regulations (Northern Ireland) 2007(8)

(1)

S.I. 2002/2742

(2)

S.R. & O. (N.I.) 1973 No. 366

(3)

S.R. 1979 No. 25

(4)

S.R. 1981 No. 114

(5)

S.R. 1997 No. 431

(6)

S.R. 1999 No. 449

(7)

S.R. 2003 No. 125

(8)

S.R. 2007 No. 168