The Local Government (Allowances and Expenses) (Scotland) Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in accordance with section 50 of the Local Government (Scotland) Act 1973 (“the 1973 Act”), section 18 of the Local Government and Housing Act 1989 (“the 1989 Act”), and sections 11 and 16 of the Local Governance (Scotland) Act 2004 (“the 2004 Act”). They make provision for the payment by local authorities to their members of certain types of allowance and reimbursement of expenditure incurred on approved duties of such members, from and after the date of the next ordinary election that is held after 2nd May 2007.

Regulation 3 enables an amount to be paid to the member designated as the Civic Head of a local authority for the purposes of reimbursement of receipted expenditure incurred in the carrying out of civic duties, under section 11 of the 2004 Act. The amount is subject to a yearly maximum, as further defined.

Regulation 4 provides for the requirements in terms of which reimbursement for travel, subsistence or other expenditure may be made to members of a local authority. It provides for the expenditure to be reasonably incurred by the member to enable them to perform an approved duty, limits the amount of expenditure in various cases and defines the types of permitted expenditure in Schedule 2.

Regulation 5 provides for members of local authorities to receive a stated mileage allowance in respect of carrying out an approved duty, based on their mode of travel and whether or not they carry passengers.

Regulation 6 provides for all claims for allowance or reimbursement of expenses to be made on a prescribed claim form and signed by the member. It also states requirements for keeping records and publishing information which apply to local authorities.

Regulation 7 makes provision to avoid the duplication of claims for the same item of expenditure.

Regulation 8 provides for consequential amendments of provisions in the Local Authorities Etc. (Allowances) (Scotland) Regulations 1995 (“the 1995 Regulations”), particularly to remove provisions for attendance allowances under a scheme for allowances.

Regulation 9 provides for consequential revocation of various provisions of the 1995 Regulations, particularly in relation to schemes for the payment of attendance allowance.

Regulation 10 provides for the saving of claims under such revoked provisions, up to the date of the next ordinary election when the new provisions will apply.