The Local Authorities Etc. (Allowances) (Scotland) Regulations 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the payment of allowances to members of new Scottish unitary councils elected on 6th April 1995, islands councils and their successors, and new joint boards. They do not apply to members of regional or district councils or of existing joint boards.

Part II of the Regulations requires local authorities to make schemes for the payment to councillors of basic allowances (regulation 6) and empowers them to include in their schemes provision for special responsibility allowances (regulation 7) and for attendance allowances (regulation 8). That Part also provides for the amounts of allowances (regulation 9), for electing to forgo allowances (regulation 10) and in respect of claims and payments (regulation 11).

Part III imposes financial restrictions in relation to certain allowances paid under schemes made under Part II. There is an overall ceiling calculated by reference to the “standard maximum” defined in regulation 12(2) and Schedule 2 to the Regulations.

Part IV empowers joint boards to make schemes for the payment of special responsibility allowances to members (regulations 15 and 16) and, for this purpose, any member of a joint board is to be treated as a councillor (regulation 14). Regulation 17 requires local authorities who appoint members to joint boards (“constituent councils”) to notify joint boards of any amounts they may allocate towards the payment of such allowances and makes provision for the apportionment of such payments among constituent councils and to ensure that sums paid under such scheme do not exceed that allocated amount. Regulation 19 provides for making, revoking and amending schemes.

Part V imposes financial restrictions upon allowances payable under sections 45 and 47 of the Local Government (Scotland) Act 1973 (“the 1973 Act”) (regulations 20 and 21).

Part VI deals with administrative arrangements. Regulations 22 to 25 make provision for the avoidance of duplication. Regulation 26 and Schedules 3 and 4 provide for claim forms for allowances under sections 45 to 48 of the 1973 Act. Regulation 27 makes provision as to the body by whom certain allowances are to be paid. Regulation 28 requires records to be kept of payments under allowances schemes and under the 1973 Act and provides for publication of such records.

Part VII provides for amendment of earlier allowances Regulations which will continue to apply until 1st April 1996 to members of regional and district councils and of existing joint boards (regulation 29 and Schedule 5), for the revocation of those Regulations at 1st April 1996 (regulation 30), subject to certain savings (regulation 31) and for transitional provisions in respect of islands councils (regulation 32).