The Local Authorities (Allowances for Members of County and County Borough Councils and National Park Authorities) (Wales) Regulations 2002

PART I General

Name, commencement and application

1.—(1) The name of these Regulations is the Local Authorities (Allowances for Members of County and County Borough Councils and National Park Authorities) (Wales) Regulations 2002 and they shall come into force on 9th August 2002.

(2) These regulations apply to Wales only.

Interpretation

2.  In these Regulations—

• “alternative arrangements” (“trefniadau amgen”) means arrangements for the discharge of the functions of an authority which are of a type described in section 32(1) of the 2000 Act;

• “approved duty” (“dyletswydd a gymeradwywyd”) means—

  (a)

  attendance at a meeting of the authority or of any committee of the authority or of any body to which the authority makes appointments or nominations or of any committee of such a body;

  (b)

  attendance at a meeting of any association of authorities of which the authority is a member;

  (c)

  attendance at any other meeting the holding of which is authorised by the authority or by a committee of the authority or by a joint committee of the authority and one or more other authorities;

  (d)

  a duty undertaken for the purpose of or in connection with the discharge of the functions of an executive where the authority is operating executive arrangements within the meaning of Part II of the 2000 Act;

  (e)

  a duty undertaken in pursuance of a standing order which requires a member or members to be present when tender documents are opened;

  (f)

  a duty undertaken in connection with the discharge of any function of the authority which empowers or requires the authority to inspect or authorise the inspection of premises;

  (g)

  attendance at any training or developmental event approved by the authority or its executive or board; and

  (h)

  any other duty approved by the authority, or any other duty of a class so approved, undertaken for the purpose of, or in connection with, the discharge of the functions of the authority or of any of its committees.

• “authority” (“awdurdod”) means a county council, a county borough council or a National Park authority;

• “board” (“bwrdd”) means the committee of a local authority established under regulation 4(1)(a) of the Local Authorities (Alternative Arrangements)(Wales) Regulations 2001(1);

• “committee” (“pwyllgor”) includes a sub-committee;

• “controlling group” (“grwp rheoli”) means a political group:

  (a)

  in an authority operating executive arrangements:

  (i)

  where those arrangements take the form of a leader and cabinet executive;

  (ii)

  with a mayor and cabinet executive; or

  (iii)

  with a mayor and council manager; or

  (b)

  in an authority operating alternative arrangements;

  where any of its members form part of an executive or board as in a) or b) above.

• “excluded duty” (“dyletswydd a eithrir”) means an approved duty in respect of which a member of an authority who is a councillor receives remuneration otherwise than under a scheme made under Part II of these Regulations;

• “executive” (“gweithrediaeth”) means the executive of an authority in a form as specified in sections 11(2) to (5) of the 2000 Act;

• “executive arrangements”(“trefniadau gweithrediaeth”) has the meaning given by section 10(1) of the 2000 Act;

• “largest opposition group” (“grwp gwrthbleidiol mwyaf”) means a political group other than a controlling group which has a greater number of members than any other political group in the authority;

• “member” (“aelod”) includes a member of a committee or sub-committee;

• “other political group” (“grwp gwleidyddol arall”) means a political group other than a controlling group or the largest opposition group (if any) which comprises not less than ten per cent of the members of that authority;

• “overview and scrutiny committee” (“pwyllgor trasolygu a chraffu”) means a committee of the authority which has the powers set out in sections 21(2) and (3) or 32 (1) of the 2000 Act;

• “the 1972 Act” (“Deddf 1972”) means the Local Government Act 1972(2);

• “the 2000 Act” (“Deddf 2000”) means the Local Government Act 2000; and

• “year” (“blwyddyn”) means the twelve months ending with 31st March.

Prescribed relevant authorities

3.  County councils, county borough councils and National Park authorities are prescribed as relevant authorities for the purposes of section 100(1)(b) of the 2000 Act.

(1)

S.I. 2001/2284 (W.173)

(2)

1972 c. 70