The Local Government (Allowances and Expenses) (Scotland) Amendment Regulations 2011

Scottish Statutory Instruments

2011 No. 304

Local Government

The Local Government (Allowances and Expenses) (Scotland) Amendment Regulations 2011

Made

9th August 2011

Laid before the Scottish Parliament

11th August 2011

Coming into force

14th November 2011

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 50 of the Local Government (Scotland) Act 1973(1), sections 11 and 16 of the Local Governance (Scotland) Act 2004(2) and all other powers enabling them to do so.

In accordance with section 11(4) of the Local Governance (Scotland) Act 2004 the Scottish Ministers have considered the information, advice and recommendations given to them by the Scottish Local Authorities Remuneration Committee.

Citation and commencement

1.  These Regulations may be cited as the Local Government (Allowances and Expenses) (Scotland) Amendment Regulations 2011 and come into force on 14th November 2011.

Amendment of the Local Government (Allowances and Expenses) (Scotland) Regulations 2007

2.—(1) The Local Government (Allowances and Expenses) (Scotland) Regulations 2007(3) are amended as follows.

(2) In regulation 5(4)(a) for “40 pence per mile” substitute “45 pence per mile”.

(3) For the claim form for allowances and expenses in Schedule 3 substitute the claim form set out in the Schedule to these Regulations.

Saving

3.  In respect of travel undertaken prior to the date on which these Regulations come into force regulation 5(4)(a) of the Local Government (Allowances and Expenses) (Scotland) Regulations 2007 continues to have effect as if the amendment made by regulation 2(2) of these Regulations had not been made.

JOHN SWINNEY

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

9th August 2011

Regulation 2(3)

SCHEDULE

“CLAIM FORM FOR ALLOWANCES AND EXPENSES

”

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend regulation 5 of, and Schedule 3 to, the Local Government (Allowances and Expenses) (Scotland) Regulations 2007.

Regulation 2 increases the mileage allowance for travel by car or van by a member of a local authority from 40 to 45 pence per mile and modifies the claim form accordingly. Regulation 3 provides that the new rate shall not apply to travel undertaken before these Regulations come into force.

(1)

1973 c.65. The functions of the Secretary of State in section 50 were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

(2)

2004 asp 9.

(3)

S.S.I. 2007/108; amended by S.S.I. 2008/414 and 2010/45 and 111.