The Local Authorities (Members' Allowances) (England) Regulations 2003

Special responsibility allowance

5.—(1) A scheme made under this Part may provide, in accordance with paragraph (2), for the payment for each year for which that scheme relates of an allowance (“special responsibility allowance”) to such members of the authority as have such special responsibilities in relation to the authority as are specified in the scheme and are within one or more of the following categories—

(a) acting as leader or deputy leader of a political group within the authority;

(b) acting as a member of an executive where the authority are operating executive arrangements within the meaning of Part II of the Local Government Act 2000;

(c) presiding at meetings of a committee or sub-committee of the authority, or a joint committee of the authority and one or more other authorities, or a sub-committee of such a joint committee;

(d) representing the authority at meetings of, or arranged by, any other body;

(e) acting as a member of a committee or sub-committee of the authority which meets with exceptional frequency or for exceptionally long periods;

(f) acting as the spokesman of a political group on a committee or sub-committee of the authority;

(g) acting as a member of an adoption panel within the meaning of the Adoption Agencies Regulations 1983(1);

(h) acting as a member of any committee or sub-committee that deals with any function arising under any enactment authorising the authority to license or control the carrying on of any activity;

(i) carrying out such other activities in relation to the discharge of the authority’s functions as require of the member an amount of time and effort equal to or greater than would be required of him by any one of the activities mentioned in sub-paragraphs (a) to (h) (whether or not that activity is specified in the scheme).

(2) Any scheme making such provision as is mentioned in paragraph (1) shall—

(a) specify the amount of each special responsibility allowance, which need not be the same;

(b) provide that, where—

(i) members of an authority are divided into at least two political groups; and

(ii) a majority of members of the authority belong to the same political group (“the controlling group”),

a special responsibility allowance shall be paid to at least one person who is not a member of the controlling group and has special responsibilities described in paragraph (1)(a) or (f); and

(c) provide that where a member does not have throughout the whole of a year any such special responsibilities as entitle him to a special responsibility allowance, his entitlement shall be to payment of such part of the special responsibility allowance as bears to the whole the same proportion as the number of days during which he has such special responsibilities bears to the number of days in that year.

(3) The scheme may specify that 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 special responsibility allowance payable to him in respect of the responsibility or duties from which he is suspended or partially suspended may be withheld by the authority.

(1)

S.I. 1983/1964, as amended by S.I. 1997/649 and 2001/2237.