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

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Local Authorities (Members' Allowances) (England) Regulations 2003 (“the first 2003 Regulations”) so as to allow more time for the authorities subject to those Regulations to comply with the requirements of those Regulations.

The first 2003 Regulations provide that certain authorities have to make a scheme in respect of members' allowances that complies with those Regulations. However the first 2003 Regulations included transitional provisions enabling authorities to rely on any scheme made under the Regulations that previously regulated such allowances until 29th September 2003, The new scheme had to be in force by 30th September 2003. Regulation 3 of these Regulations extends that transitional period so that the authorities have until 31st December 2003 to comply.

The first 2003 Regulations provide that in making their schemes authorities have to have regard to the recommendation of an independent remuneration panel the composition of which must conform to certain requirements. The first 2003 Regulations included transitional provisions in respect of these independent remuneration panels. They provided that authorities could continue to rely on any panel constituted under the provisions of the Regulations that had previously applied to such panels. However the first 2003 Regulations provide that the composition of any such panel must conform with the new requirements within four months of the coming into force of the first 2003 Regulations, that is by 31st August 2003. Regulation 4 of these Regulations extends the period by which the panels must conform to 30th November 2003.

The first 2003 Regulations gave parish councils the power to make certain payments to their members. The statutory provisions upon which parish councils previously made payments to their members are disapplied by the first 2003 Regulations with effect from 30th September 2003. This transitional period was intended to give parish councils time to make arrangements under the new powers, which involved consideration of a recommendation from a parish remuneration panel, but to ensure that they could still rely on the earlier provisions while such arrangements were being set up. The first 2003 Regulations also included provisions to ensure that a parish council could not pay a member twice, while the two different powers were both in force, in respect of the same duty. Regulations 5, 6 and 7 of these Regulations provide that the provisions previously relied on will now be disapplied with effect from 31st December and that the provision against double payment is extended accordingly.