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The Local Authorities Etc. (Allowance) (Scotland) Regulations 1991

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Application of Part III and interpretation

12.—(1) This Part applies in relation to schemes made by a local authority under Part II.

(2) In this Part—

“standard maximum” means an amount equal to the product of—

(a)

the amount determined in relation to the local authority by reference to the Table in Schedule 2; and

(b)

the number of persons who may at the same time be councillors of the local authority;

“relevant maximum” means, as respects a year, an amount equal to the standard maximum or, if greater, the transitional maximum;

“total estimated allowances” means the aggregate of the amounts estimated by the local authority (at the time when a payment referred to in regulation 13(b), (d) or (e) is made) to be payable by the local authority in relation to the year—

(a)

under a scheme made by the local authority under Part II; and

(b)

under a scheme made by a joint board under Part IV; and

(c)

in the nature of an attendance allowance under section 47 of the 1973 Act; and

(d)

under section 49A of the 1973 Act,

and for this purpose, any election under regulation 10 or under regulation 20 shall be disregarded;

“transitional maximum” means—

(a)

in relation to the year beginning 1st April 1991, an amount which is equal to the lesser of—

(i)

150% of the standard maximum; or

(ii)

97% of the aggregate of the amounts paid as respects the year ending 31st March 1990 to members of the local authority who were councillors by way of allowances under section 45(1) (attendance allowance), section 45A (financial loss allowance)(1) and section 49A (special responsibility allowance) of the 1973 Act or, to the extent that they were in the nature of those payable under section 45 of that Act, under section 47 (allowances for attending conferences and meetings) of that Act;

(b)

in relation to any subsequent year, 90% of the transitional maximum ascertained for the preceding year.

(1)

Section 45A was inserted by the Local Government and Planning (Scotland) Act 1982, Section 60(1)(b) and repealed by the Local Government and Housing Act 1989, Schedule 12, Part 11.

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