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

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provisions about the payment of allowances to members of local authorities and certain related bodies.

Part 1 makes provision about the application of certain provisions of the Regulations and provides that certain bodies are to be considered as relevant bodies for the purposes of section 18 of the Local Government and Housing Act 1989.

Part 2 requires certain authorities to prepare schemes for the payment of allowances to their members. Authorities making schemes are required to make provision for the payment of basic allowance (regulation 4) and may also provide for the payment of special responsibility allowance (regulation 5), dependants' carers' allowance (regulation 7) travelling and subsistence allowance (regulation 8) and co-optees' allowance (regulation 9).

Part 3 makes provision in respect of the requirements and administration of such schemes. It also makes provision in respect of the records that must be kept of payments and in respect of the publicity that must be given to the features of a scheme and to the payments made thereunder. This Part also make provision concerning members' entitlement to pensions in accordance with a scheme made under section 7 of the Superannuation Act 1972 and concerning which allowances may be treated as amounts in respect of which pensions are payable.

Part 4 makes provision in respect of the establishment of independent remuneration panels whose function is to make recommendations concerning allowances.

Part 5 makes provision in respect of payment of allowances to members of parish councils. Parish councils may pay parish basic allowance (regulation 25) and parish travelling and subsistence allowance (regulation 26) to their members. In setting the levels of such allowances parishes must have regard to the recommendations of parish remuneration panels. This Part also makes provision in respect of the publicity that must be given to such recommendations. It also makes provision in respect of the records that must be kept of payments made and in respect of the publicity that must be given to such payments.

Part 6 revokes existing regulations relating to members' allowances and disapplies certain statutory provisions relating to allowances.