Local Governance (Scotland) Act 2004

11 Pay, pensions etc. of councillors

(1) The Scottish Ministers may, by regulations, provide for the payment by local authorities of remuneration and allowances to and reimbursement of expenses incurred by members of those authorities.

(2) Those regulations may include provision by or under which—

(a) an element of the remuneration, allowance or reimbursement payable to a member of a local authority is calculated by reference to activities carried out by the member in the discharge of the member’s functions as such,

(b) other such elements are calculated by reference to other factors,

(c) an element of the remuneration is payable by way of pension.

(3) Those regulations may also include provision for—

(a) local authorities to make contributions or other payments towards provision for such pensions,

(b) the establishment and administration, by local authorities or otherwise, of one or more pension schemes, or the adaptation of any pension scheme, for the purpose of making provision for such pensions,

(c) members of local authorities to be enabled to contribute to pension schemes so established or adapted and, otherwise than under subsection (2)(c), to benefit from them.

(4) Where the Scottish Ministers have made a requirement under subsection (2) of section 13 in relation to a matter specified in subsection (3)(a) of that section they shall, before making regulations under subsection (1) of this section, consider any information, advice or recommendations given to them by the Scottish Local Authorities Remuneration Committee in response to the requirement.