The Local Authorities (Allowances for Members of Fire Authorities) (Wales) Regulations 2004

PART 1 General

Name, commencement and application

1.—(1) The name of these Regulations is the Local Authorities (Allowances for Members of Fire Authorities) (Wales) Regulations 2004 and they shall come into force on 29 September 2004.

(2) These regulations apply in relation to fire authorities in Wales only.

Interpretation

2.  In these Regulations —

“1972 Act” (“Deddf 1972”) means the Local Government Act 1972(1);

“1989 Act” (“Deddf 1989”) means the Local Government and Housing Act 1989;

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

“2002 Regulations” (“Rheoliadau 2002”) means the Local Authorities (Allowances for Members of County and County Borough Councils and National Park Authorities) (Wales) Regulations 2002(2);

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

(a)

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

(b)

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

(c)

attendance at any other meeting the holding of which is authorised by the fire authority or by a committee of the fire authority or by a joint committee of the fire authority and one or more other fire authorities or any county or county borough council or National Park authority;

(d)

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

(e)

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

(f)

attendance at any training or developmental event approved by the fire authority; and

(g)

any other duty approved by the fire 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 fire authority or of any of its committees;

“chairperson” (“cadeirydd”) means a member elected by a fire authority as the chairperson of that fire authority;

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

“constituent authority” (“awdurdod cyfansoddol”) means a county council or county borough council falling within the area of a fire authority;

“fire authority” (“awdurdod tân”) means —

(a)

a fire authority constituted by a combination scheme under the Fire Services Act 1947(3); and

(b)

a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004(4);

“fire authority allowance” (“lwfans awdurdod tân”) means a basic allowance payable by a fire authority under section 18(1)(a) of the 1989 Act;

“fire authority chairperson’s allowance” (“lwfans cadeirydd awdurdod tân”) means a special responsibility allowance payable by a fire authority under section 18(1)(c) of the 1989 Act;

“fire authority vice-chairperson’s allowance” (“lwfans is-gadeirydd awdurdod tân”) means a special responsibility allowance payable by a fire authority under section 18(1)(c) of the1989 Act;

“member” (“aelod”) means, except in respect of paragraph (b) of the definition of “approved duty” (“dyletswydd a gymeradwywyd”) and paragraph (2) of regulation 15, a member of a fire authority appointed as such by a constituent authority;

“proper officer” (“swyddog priodol”) shall be construed in accordance with section 270(3) of the 1972 Act;

“vice-chairperson” (“is-gadeirydd”) means a member elected by a fire authority as the vice-chairperson of that authority; and

“year” (“blwyddyn”) means —

(a)

the period beginning on the date of the coming into force of these Regulations and ending 31 March 2005; and

(b)

any period of 12 months ending on 31 March in any year after 2005.

Prescribed relevant authorities

3.  Fire authorities are prescribed as relevant authorities for the purposes of section 100(1)(b) and (d) of the 2000 Act.

(1)

1972 c. 70.

(2)

S.I. 2002/1895 (W.196).

(3)

1947 c. 41.

(4)

2004 c. 21.