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

PART III LOCAL AUTHORITY SCHEMES — FINANCIAL RESTRICTIONS

Financial restrictions

12.—(1) A scheme made by a local authority under Part II shall provide that in any year—

(a) any payment under a scheme in relation to a year is conditional on the aggregate sum which that authority has paid out or is already liable to pay out in respect of the cumulative total of—

(i) basic allowance under the scheme made under Part II; and

(ii) attendance allowance under a scheme made under Part II (if any); and

(iii) attendance allowance (or a payment of that nature) under section 47 of the 1973 Act to a member of the authority who is a councillor (if any),

not exceeding the standard maximum; and

(b) any payment by way of attendance allowance for a year whether under a scheme made under Part II or under section 47 of the 1973 Act to a member of the authority who is a councillor is conditional on the total which that authority has paid out or is already liable to pay out by way of such attendance allowance in relation to a year not exceeding 25% of the standard maximum.

(2) Subject to paragraph (3), the “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 that local authority.

(3) In respect of any year from the year beginning 1st April 1996 (or in respect of an islands council, the year beginning 6th April 1995), a scheme may provide that the standard maximum calculated in accordance with paragraph (2) shall be increased provided—

(a) that such maximum shall in no year exceed 105% of the standard maximum calculated in accordance with paragraph (2);

(b) that where in respect of any year the standard maximum is increased, the standard maximum in the year following shall not exceed—

(i) the standard maximum calculated in accordance with paragraph (2); less

(ii) the difference between the standard maximum calculated in accordance with paragraph (2) and the amount paid in the preceding year.