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

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“the 1973 Act” means the Local Government (Scotland) Act 1973;

“the 1989 Act” means the Local Government and Housing Act 1989;

“the 1994 Act” means the Local Government Etc. (Scotland) Act 1994(1);

“the 1991 Regulations” means the Local Authorities Etc. (Allowances) (Scotland) Regulations 1991(2);

“approved duty” has the same meaning as in section 49(2) of the 1973 Act(3);

“committee or sub-committee”, in relation to a local authority, includes a joint committee of the local authority and one or more other local authorities or, as the case may be, any sub-committee of such a joint committee;

“constituent council” in relation to a joint board, means any local authority which appoints (or which will be entitled after 1st April 1996 to appoint) members to that board;

“councillor” means, in relation to a local authority, an elected member of that authority and, in relation to a joint board, any member of that board who is treated as if he were a councillor by virtue of regulation 14;

“joint board” means a body corporate, constituted for the purposes of a combination of local authorities (within the meaning of these Regulations) under the 1973 Act or by or under any other enactment, consisting exclusively of persons appointed by those local authorities;

“local authority” means—

(a)

in the period prior to 1st April 1996—

(i)

a council in respect of which an ordinary election of councillors is to take place on 6th April 1995 in terms of section 5(2) of the 1994 Act; or

(ii)

an islands council; and

(b)

in the period from and including 1st April 1996, a council constituted under section 2 of the 1994 Act;

“political group”, in relation to a local authority, means a political group constituted in accordance with Schedule 1, and “leader” and “deputy leader” of a political group shall be construed accordingly;

“standard maximum” shall be construed in accordance with regulation 12;

“year” means—

(a)

in respect of a local authority (other than an islands council), the period from 6th April 1995 to 31st March 1996, and thereafter any period of 12 months beginning with 1st April;

(b)

in respect of an islands council, the period from the date on which a scheme made by that council under regulation 4(1) comes into effect to 31st March 1996; and

(c)

in respect of a joint board, the period from the date on which a scheme made by that joint board under regulation 15 comes into effect to 31st March first occurring after such date, and thereafter any period of 12 months beginning with 1st April.

(2) For the purposes of these Regulations, members of a local authority are to be treated as divided into different political groups when there is at least one political group in existence constituted in accordance with Schedule 1.

(3) For the purposes of these Regulations, the term of office of a councillor who is a member of a local authority shall begin on the date on which he makes a declaration of acceptance of that office under section 33A of the 1973 Act(4).

(4) Unless the context otherwise requires, any reference in these Regulations—

(a) to a numbered Part or a numbered regulation or a numbered Schedule is a reference to the Part, regulation or, as the case may be, Schedule bearing that number in these Regulations; and

(b) in a regulation or in a Schedule to a numbered paragraph is a reference to the paragraph bearing that number in that regulation or in that Schedule.

(1)

1994 c. 39.

(2)

S.I. 1991/397, amended by S.I. 1992/505, 1993/644, 1994/630 and 1995/701.

(3)

Section 49(2) was amended by the Local Government and Planning (Scotland) Act 1982, section 60(2) and Schedule 4, Part I.

(4)

Section 33A was inserted by the 1989 Act, section 30(1).