The Local Authorities (Members' Allowances) Regulations 1991

PART III SCHEMES – FINANCIAL RESTRICTIONS

Application of Part III and interpretation

11.—(1) This Part applies in relation to schemes made under Part II.

(2) In this Part–

• “standard maximum” means an amount equal to the product of–

  (a)

  the amount determined in relation to the authority by reference to the Table in the Schedule to these Regulations; and

  (b)

  the number of persons who may at the same time be councillors of the authority;

• “relevant maximum” means, as respects a year, an amount equal to the standard maximum or, if greater, the transitional maximum;

• “total estimated allowances” means the aggregate of the amounts estimated by the authority (at the time when a payment referred to in regulation 12(b), (d) or (e) is made) to be payable in relation to a year under a scheme and in the nature of an attendance allowance under section 175 of the 1972 Act; and for this purpose, any election under regulation 14 shall be disregarded;

• “transitional maximum” means–

  (a)

  in relation to the year beginning 1st April 1991, an amount which is equal to the lesser of–

  (i)

  150% of the standard maximum; or,

  (ii)

  97% of the aggregate of the amounts paid as respects the year ending 31st March 1990 to members of the authority who were councillors by way of allowances under section 173(1) (attendance allowance)(1), section 173A(1) (financial loss allowance)(2) and section 177A (special responsibility allowance)(3) of the 1972 Act or, to the extent that they were in the nature of those payable under section 173 of that Act, under section 175 (allowances for attending conferences and meetings) of that Act;

  (b)

  in relation to any subsequent year, 90% of the transitional maximum for the preceding year.

Financial restrictions

12.  A scheme made under Part II shall provide that–

(a) any payment under the scheme in relation to a year is conditional on the aggregate in relation to that year of amounts which the authority has paid out or is already liable to pay out under the scheme and in the nature of an attendance allowance under section 175 of the 1972 Act not exceeding such amount as is determined by applying the formula–

A + B - C,

where–

• A is the relevant maximum for that year;

• B is an amount, if any, determined by the authority, being an amount no greater than 5– of A; and

• C is an amount equal to the amount, if any, by which the aggregate of the amounts paid by the authority in respect of the year preceding that to which the scheme relates by way of allowances under section 18 of the 1989 Act exceeded the relevant maximum for that year;

(b) any payment by way of basic allowance for a year is conditional on the aggregate amount which the authority has paid out or is already liable to pay out by way of basic allowance in relation to that year not exceeding 95% of total estimated allowances for that year;

(c) any payment to a particular member by way of special responsibility allowance for a year is conditional on the aggregate amount which the authority has paid out or is already liable to pay out by way of special responsibility allowance in relation to that year to that member not exceeding £7,500;

(d) any payment by way of special responsibility allowance for a year is conditional on the aggregate amount which the authority has paid out or is already liable to pay out by way of special responsiblity allowance in relation to that year not exceeding 25% of total estimated allowances for that year;

(e) any payment by way of attendance allowance for a year is conditional on–

(i) the aggregate amount which the authority has paid out or is already liable to pay out by way of attendance allowance in relation to that year not exceeding 70% of total estimated allowances for that year; and

(ii) the aggregate amount which the authority has paid out or is already liable to pay out by way of attendance allowance and special responsibility allowance in relation to that year not exceeding 75% of total estimated allowances for that year; and

(iii) the aggregate amount which the authority has paid out or is already liable to pay out by way of attendance allowance and basic allowance in relation to that year not exceeding 95% of total estimated allowances for that year.

(1)

Section 173(1) was amended by the Local Government, Planning and Land Act 1980, section 24(1).

(2)

Section 173A was inserted by the Local Government, Planning and Land Act 1980, section 24(2) and amended by the Miscellaneous Financial Provisions Act 1983 (c. 29), section 7.

(3)

Section 177A was inserted by the Local Government, Planning and Land Act 1980, section 26(1) and amended by the Local Government Act 1985, paragraph 20 of Part I of Schedule 14 and Schedule 17.