44.—(1) This regulation applies in relation to an elected member of a relevant billing authority or a relevant precepting authority.
(2) For the purposes of this regulation—
(a)a relevant billing authority is a billing authority other than the Common Council;
(b)a relevant precepting authority is a major precepting authority(1) other than the Receiver for the Metropolitan Police District;
(c)a person is an elected member of a relevant precepting authority other than a county council if he is appointed to the authority by a constituent council of which he is an elected member; and
(d)references to attachable allowances are references to the allowances referred to in paragraph (7)(b).
(3) Where a liability order has been made and the debtor against whom it was made is a person in relation to whom this regulation applies, the authority which applied for the order may make an order under this regulation to secure the payment of any outstanding sum which is or forms part of the amount in respect of which the liability order was made.
(4) An order under this regulation shall be expressed to be directed to the authority of whom the debtor is an elected member and shall operate as an instruction to the authority to make deductions from attachable allowances payable to the debtor and to pay the sums so deducted to the authority by which the order was made.
(5) An order under this regulation shall remain in force until discharged or the whole sum to which it relates has been paid (whether by attachment of allowances or otherwise).
(6) The sum to be deducted by an authority under an order under this regulation on any day shall be a sum equal to 40 per cent. of the aggregate of attachable allowances payable to the debtor on that day.
(7) Paragraph (3) of regulation 37, paragraphs (1) to (5) of regulation 39 and paragraphs (1) and (2) of regulation 41 shall apply to orders under this regulation as they apply to attachment of earnings orders as if any reference in those paragraphs—
(a)to an employer or a person having the debtor in his employment, were a reference to such an authority as is mentioned in paragraph (1) above having the debtor as an elected member;
(b)to the debtor’s earnings, were a reference to allowances—
(i)payable to the debtor in accordance with a scheme under regulations under section 18 (schemes for basic, attendance and special responsibility allowances for local authority members) of the Local Government and Housing Act 1989(2); or
(ii)in the nature of an attendance allowance, payable to the debtor under section 175 (allowances for attending conferences and meetings) of the Local Government Act 1972(3);
(c)to an attachment of earnings order, were a reference to an order under this regulation.
See section 39(1) of the Local Government Finance Act 1992.
1989 c. 42. See the Local Authorities (Members' Allowances) Regulations 1991 (S.I. 1991/351).
1972 c. 70. Section 175 was amended by section 25 of the Local Government, Planning and Land Act 1980 (c. 65) and by the Local Government and Housing Act 1989, Schedule 11, paragraph 27.