24. Any reference in this Part—
(a)to an authority is, unless otherwise specified, a reference to a parish council;
(b)to a member is, unless otherwise specified, a reference to an elected member of a parish council;
(c)to a responsible authority is, in relation to a parish council, a reference to the district council or unitary county council—
(i)where the parish council is the council for one parish, in whose area the parish council is situated; or
(ii)where the parish council is the council for a group of parishes(1), in whose area all the parishes in the group are situated or, where that is not the case, in whose area the greatest number of local government electors for the parishes in the group is situated; and
(d)to an establishing authority is, in relation to a parish remuneration panel, a reference to the responsible authority that established that parish remuneration panel.
25.—(1) An authority may pay an allowance for each year (“parish basic allowance”)—
(a)to its chairman(2) only; or
(b)to each of its members,
and the amount of that allowance payable to its chairman may differ from that payable to each other member of the authority, but otherwise that amount shall be the same for each such member.
(2) Where an authority proposes to pay parish basic allowance, whether to its chairman only or to each of its members, it must have regard, in setting the level or levels of such allowances, to the recommendations which have been made in respect of it by a parish remuneration panel in accordance with regulation 28.
(3) Subject to paragraph (4), where an authority proposes to pay parish basic allowance in any year to its members and the term of office of any member begins or ends otherwise than at the beginning or end of a year, that member’s entitlement shall be to payment of such part of the parish basic allowance as bears to the whole the same proportion as the number of days during which his term of office subsists bears to the number of days in that year.
(4) Where an authority proposes to pay parish basic allowance in any year—
(a)to its chairman only; or
(b)to all its members but at a higher level to the chairman,
and the term of office of the chairman as chairman begins or ends otherwise than at the beginning or end of a year, his entitlement for the period during which he holds the office of chairman shall be to payment of such part of the parish basic allowance to which he is entitled as chairman as bears to the whole the same proportion as the number of days during which his term of office as chairman subsists bears to the number of days in that year.
(5) Where a member is suspended or partially suspended from his responsibilities or duties as a member of an authority in accordance with Part III of the Local Government Act 2000 or regulations made under that Part, the part of the parish basic allowance payable to him in respect of the period for which he is suspended or partially suspended may be withheld by the authority.
(6) An authority shall, as soon as reasonably practical after setting the levels at which any parish basic allowance is to be paid and to whom, arrange for the publication in a conspicuous place or places in the area of the authority, for a period of at least 14 days, of a notice or notices containing the following information—
(a)any recommendation in respect of parish basic allowance made by the parish remuneration panel;
(b)the level or levels at which the authority has decided to pay parish basic allowance and to which members it is to be paid; and
(c)a statement that in reaching the decision on the matters referred to in sub-paragraph (b) the authority has had regard to the recommendation of the parish remuneration panel.
(7) An authority shall ensure that it keeps a copy of the information referred to in paragraph (6) available for inspection by members of the public on reasonable notice.
(8) An authority may require that where payment of parish basic allowance has already been made in respect of any period during which the member concerned is—
(a)suspended or partially suspended from his responsibilities or duties as a member of the authority in accordance with Part III of the Local Government Act 2000 or regulations made under that Part;
(b)ceases to be a member of the authority; or
(c)is in any other way not entitled to receive the allowance in respect of that period,
such part of the allowance as relates to any such period shall be repaid to the authority.
(9) An authority may not make any payment, and a member is not entitled to receive any payment, under the provisions of this regulation in respect of any period prior to 30th September 2003 if payment is made, in respect of any duties carried out by the member during that same period, under any of the provisions referred to in regulation 34(1).
26.—(1) An authority may pay to its members allowances in respect of travelling and subsistence (“parish travelling and subsistence allowance”), including an allowance in respect of travel by bicycle or by any other non-motorised form of transport, undertaken or incurred in connection with the performance of any duty within one or more of the following categories—
(a)the attendance at a meeting of the authority or of any committee or sub-committee of the authority, or of any other body to which the authority makes appointments or nominations, or of any committee or sub-committee of such a body;
(b)the attendance at a meeting of any association of authorities of which the authority is a member;
(c)the performance of any duty in pursuance of any standing order made under section 135 of the Local Government Act 1972 requiring a member or members to be present while tender documents are opened;
(d)the performance of any duty in connection with the discharge of any function of the authority conferred by or under any enactment and empowering or requiring the authority to inspect or authorise the inspection of premises; and
(e)the carrying out of any other duty approved by the authority, or any duty of a class so approved, for the purpose of, or in connection with, the discharge of the functions of the authority or of any of its committees or sub-committees.
(2) Where a member is suspended or partially suspended from his responsibilities or duties as a member of an authority in accordance with Part III of the Local Government Act 2000 or regulations made under that Part, any parish travelling and subsistence allowance payable to him in respect of the responsibilities or duties from which he is suspended or partially suspended may be withheld by the authority.
(3) An authority may require that where payment of travelling and subsistence allowance has already been made in respect of any period during which the member concerned is—
(a)suspended or partially suspended from his responsibilities or duties as a member of the authority in accordance with Part III of the Local Government Act 2000 or regulations made under that Part;
(b)ceases to be a member of the authority; or
(c)is in any other way not entitled to receive the allowance in respect of that period,
such part of the allowance as relates to any such period shall be repaid to the authority.
(4) An authority may not make any payment, and a member is not entitled to receive any payment, under the provisions of this regulation in respect of any period prior to 30th September 2003 if payment is made, in respect of any travelling and subsistence expenses incurred by the member during that same period, under any of the provisions referred to in regulation 34(1).
27.—(1) A parish remuneration panel may be established—
(a)by a responsible authority and shall make recommendations in respect of the authorities for which the establishing authority is the responsible authority; or
(b)jointly by any responsible authorities and shall make recommendations in respect of the authorities for which the establishing authorities are the responsible authorities.
(2) Subject to paragraph (3), a parish remuneration panel shall consist of those persons who are also members of the independent remuneration panel which exercises functions in respect of the establishing authority or authorities.
(3) A parish remuneration panel shall not include any member who is also a member of an authority in respect of which it makes recommendations or is a member of a committee or sub-committee of such an authority.
(4) The authorities in respect of which a parish remuneration panel established under paragraph (1) makes recommendations shall each pay to the parish remuneration panel an equal share of the amount of the expenses incurred by that panel in carrying out that panel’s functions.
28.—(1) A parish remuneration panel shall produce a report in relation to the members of the authorities in respect of which it was established, making recommendations, in accordance with the provisions of regulation 29, as to—
(a)the amount of parish basic allowance payable to members of such authorities;
(b)the amount of travelling and subsistence allowance payable to members of such authorities;
(c)whether parish basic allowance should be payable only to the chairman of any such authority or to all of its members;
(d)whether, if parish basic allowance should be payable to both the chairman and the other members of any such authority, the allowance payable to the chairman should be set at a level higher than that payable to the other members and, if so, the higher amount so payable; and
(c)the responsibilities or duties in respect of which members should receive parish travelling and subsistence allowance.
(2) A copy of a report made under paragraph (1) shall be sent to each authority in respect of which recommendations have been made.
29.—(1) A parish remuneration panel may, in making its recommendations in accordance with regulations 27 and 28, either—
(a)apply the same recommended levels of parish basic allowance and parish travelling and subsistence allowance to all the authorities in respect of which it was established; or
(b)make different recommendations for different authorities.
(2) A parish remuneration panel shall express its recommendation as to the level of parish basic allowance, in respect of a parish or parishes, as a percentage of the sum that an independent remuneration panel has recommended as the level of basic allowance for the establishing authority which is the responsible authority for that parish or parishes.
(3) The percentage referred to in paragraph (2) may be one hundred per cent.
(4) A parish remuneration panel shall also express its recommendation as to the level of parish basic allowance as a monetary sum being a monetary sum equivalent to the percentage expressed in accordance with paragraphs (2) and (3).
30.—(1) Once an authority receives a copy of a report made to it by a parish remuneration panel in accordance with regulation 28, it shall, as soon as reasonably practicable—
(a)ensure that copies of that report are available for inspection by members of the public on reasonable notice; and
(b)arrange for the publication in a conspicuous place or places in the area of the authority, for a period of at least 14 days, of a notice which—
(i)states that it has received recommendations from a parish remuneration panel in respect of allowances;
(ii)describes the main features of that panel’s recommendations and specifies the recommended amounts of each allowance mentioned in the report in respect of that authority; and
(iii)states that copies of the panel’s report are available for inspection on reasonable notice and gives details of the manner in which notice should be given of an intention to inspect the report.
(2) An authority shall supply a copy of a report made by a parish remuneration panel in accordance with regulation 28 to any person who requests a copy and who pays to the authority such reasonable fee as the authority may determine.
31.—(1) An authority shall keep a record of the payments made by it in respect of—
(a)parish basic allowance; and
(b)parish travelling and subsistence allowance.
(2) Such a record shall—
(a)specify the name of the recipient and the amount and nature of each payment;
(b)be available for inspection on reasonable notice and at no charge, by any local government elector for the area of that authority; and
(c)be supplied in copy to any person who is entitled to inspect a record under paragraph (b) and who requests a copy and pays to the authority such reasonable fee as it may determine.
(3) As soon as reasonably practicable after the end of a year, an authority shall arrange for the publication, for a period of at least 14 days, of a notice in a conspicuous place or places in the area of the authority stating the total sum paid by it in the year to each member in respect of each of the following—
(a)parish basic allowance; and
(b)parish travelling and subsistence allowance.
32. A member may, by notice in writing given to the proper officer of the authority, elect to forgo his entitlement or any part of his entitlement to allowances.
See section 11 of the Local Government Act 1972 for the procedure by which parish councils may be grouped.
See section 15(1) of the Local Government Act 1972 for the duty to elect a chairman from among the councillors of a parish council.