Not all plain sailing!
The link below is to Youtube and a video collection of some of the Agenda Items at Wednesday's meeting this week. Filmed by Susan Charlesworth (as allowed under law).
The backdrop to the Allowance Panels (and leading on to who gets it) is copied below (a brief extract)
COUNCILLORS’ ALLOWANCES
Introduction 1. The Local Authorities (Members’ Allowances) (England) Regulations 2003 (SI.2003/1021) came into force on 1st May 2003. The regulations apply to local authorities in England only and substantially change the system that previously existed.
2. When the regulations were first introduced they applied to elected members only and not to those who were co-opted onto committees. However, the regulations were amended in 2004 (by virtue of The Local Authorities (Members’ Allowances) (England) (Amendments) Regulations 2004 (SI.2004/2596) so that some of the provisions relate to co-opted members. However, the only practical consequence of the amendments related to a period ending on the 2 November 2004 and, consequently, the amendments are not discussed further in this Note. Background
3. Previously, sections 173 to 178 of the Local Government Act 1972 as amended, and the regulations made thereunder, set out the rules for the payment of allowances to members of parish and town councils. These broadly dealt with attendance allowance and financial loss allowance (s.173), travelling allowance and subsistence allowance (s.174), allowances for attending conferences and meetings (s.175), the payment of expenses of official and courtesy visits (s.176) and supplementary provisions (s.177 and s.178).
4. S.173 to s.175 and s.176(1)(a) and (2) ceased to apply on 31 December 2003 and hence the supplementary provisions relevant to those sections also fell. S.176(1)(b) remains in force. This provides for a council to defray any expenses incurred in the LTN 33 November 2007 LTN 33 National Association of Local Councils Tel: 020 7637 1865 Fax: 020 7436 7451 e-mail: nalc@nalc.gov.uk website: www.nalc.gov.uk reception and entertainment by way of official courtesy of distinguished persons visiting the area of the authority.
5. Under this system, allowances were paid to councillors for performing an approved duty outside the parish or town. No allowances were paid for attendance at a meeting of the council, its committees or sub committees or for any other approved duty within the parish or town. Travel and subsistence under the new regulations can be paid for travel and subsistence within the parish as well as outside of it. The New System 6. The new regulations are split into 6 Parts. Part 5 deals specifically with parish (and town) councils. Part 4 deals with Independent Remuneration Panels and Part
6 with transitional provisions and it is these 3 Parts with which we are chiefly concerned and upon which this Legal Topic Note will concentrate. Part 4 – Independent Remuneration Panels
7. An independent remuneration panel has to be established by each authority and for the purposes of Part 4, unless otherwise specified, an authority means a district council, a county council and a London borough council. The panel consists of at least 3 members, none of whom is also a member of an authority in respect of which it makes recommendations or a member of a committee or sub committee of such an authority or is disqualified from being or becoming a member of an authority.
8. The parish or town council has to make reference, as will be explained, to a parish remuneration panel. A parish remuneration panel will consist of those persons who are also members of the independent remuneration panel but cannot consist of parish or town councillors of councils in respect of which recommendations are to be made. Part 5 – Parish Councils Parish Basic Allowance – Regulation 25
9. A parish or town council is able to pay a parish basic allowance for each year to its chairman only or to each of its elected members.
COUNCILLORS’ ALLOWANCES
Introduction 1. The Local Authorities (Members’ Allowances) (England) Regulations 2003 (SI.2003/1021) came into force on 1st May 2003. The regulations apply to local authorities in England only and substantially change the system that previously existed.
2. When the regulations were first introduced they applied to elected members only and not to those who were co-opted onto committees. However, the regulations were amended in 2004 (by virtue of The Local Authorities (Members’ Allowances) (England) (Amendments) Regulations 2004 (SI.2004/2596) so that some of the provisions relate to co-opted members. However, the only practical consequence of the amendments related to a period ending on the 2 November 2004 and, consequently, the amendments are not discussed further in this Note. Background
3. Previously, sections 173 to 178 of the Local Government Act 1972 as amended, and the regulations made thereunder, set out the rules for the payment of allowances to members of parish and town councils. These broadly dealt with attendance allowance and financial loss allowance (s.173), travelling allowance and subsistence allowance (s.174), allowances for attending conferences and meetings (s.175), the payment of expenses of official and courtesy visits (s.176) and supplementary provisions (s.177 and s.178).
4. S.173 to s.175 and s.176(1)(a) and (2) ceased to apply on 31 December 2003 and hence the supplementary provisions relevant to those sections also fell. S.176(1)(b) remains in force. This provides for a council to defray any expenses incurred in the LTN 33 November 2007 LTN 33 National Association of Local Councils Tel: 020 7637 1865 Fax: 020 7436 7451 e-mail: nalc@nalc.gov.uk website: www.nalc.gov.uk reception and entertainment by way of official courtesy of distinguished persons visiting the area of the authority.
5. Under this system, allowances were paid to councillors for performing an approved duty outside the parish or town. No allowances were paid for attendance at a meeting of the council, its committees or sub committees or for any other approved duty within the parish or town. Travel and subsistence under the new regulations can be paid for travel and subsistence within the parish as well as outside of it. The New System 6. The new regulations are split into 6 Parts. Part 5 deals specifically with parish (and town) councils. Part 4 deals with Independent Remuneration Panels and Part
6 with transitional provisions and it is these 3 Parts with which we are chiefly concerned and upon which this Legal Topic Note will concentrate. Part 4 – Independent Remuneration Panels
7. An independent remuneration panel has to be established by each authority and for the purposes of Part 4, unless otherwise specified, an authority means a district council, a county council and a London borough council. The panel consists of at least 3 members, none of whom is also a member of an authority in respect of which it makes recommendations or a member of a committee or sub committee of such an authority or is disqualified from being or becoming a member of an authority.
8. The parish or town council has to make reference, as will be explained, to a parish remuneration panel. A parish remuneration panel will consist of those persons who are also members of the independent remuneration panel but cannot consist of parish or town councillors of councils in respect of which recommendations are to be made. Part 5 – Parish Councils Parish Basic Allowance – Regulation 25
9. A parish or town council is able to pay a parish basic allowance for each year to its chairman only or to each of its elected members.
No comments:
Post a Comment