Local Government Act 1972

Allowances to members of local authorities and other bodiesE+W

173 Attendance allowance and financial loss allowance.E+W

(1)Subject to subsection (6) below, any member of a [F1local authority][F1parish or community council] who is a councillor shall be entitled to receive a payment by way of attendance allowance, that is to say, a payment for the performance of any approved duty, being a payment of such reasonable amount, not exceeding the prescribed amount, as the [F1local authority][F1parish or community council] may determine [F2unless a notice under section 173A below is effective in relation to him].

(2)The amount prescribed under subsection (1) above may be prescribed by reference to any period of twenty-four hours.

(3)The amount of any allowance determined by a [F1local authority][F1parish or community council] under subsection (1) above may vary according to the time of day and the duration of the duty, but shall be the same for all members of the [F3authority][F3council] entitled to the allowance in respect of a duty of any description at the same time of day and of the same duration.

(4)Subject to subsection (6) below, any member of a [F4body to which this section applies][F4parish or community council] who is not entitled under subsection (1) above to receive attendance allowance for the performance of an approved duty shall be entitled to receive a payment by way of financial loss allowance, that is to say, a payment not exceeding the prescribed amount in respect of any loss of earnings necessarily suffered, or any additional expenses (other than expenses on account of travelling or subsistence) necessarily suffered or incurred by him for the purpose of enabling him to perform that duty.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(6)A member of a parish or community council shall not be entitled to any payment under this section in respect of the performance as such a member of an approved duty within the parish or community or, in the case of a parish or community grouped under a common parish or community council, the area of the group.

[F6173A Right to opt for financial loss allowance.E+W

(1)If a councillor gives notice in writing to the [F7parish or community council] of which he is a member that he wishes to receive financial loss allowance, he shall be entitled, subject to and in accordance with the following provisions of this section, to receive that allowance instead of any payment by way of attendance allowance to which he would otherwise be entitled.

(2)A notice under this section is referred to in this section as a “financial loss allowance notice”.

(3)If a councillor gives a financial loss allowance notice to the [F7parish or community council] not later than the end of the period of [F8one month beginning with the day of] his election as a member of the [F9authority][F9council][F10then, subject to subsection (4A) below], he shall be entitled to receive financial loss allowance for the performance of any approved duty since his election, whether performed before or after the giving of the notice.

[F11(4)If a councillor gives a financial loss allowance notice to the [F7parish or community council] otherwise than in accordance with subsection (3) above, then, subject to subsection (4A) below, he shall be entitled to receive financial loss allowance for the performance of any approved duty after the end of the period of one month beginning with the day on which the notice is given.

(4A)If a councillor who has given a [F7parish or community council] a financial loss allowance notice gives them notice in writing that he withdraws that notice, it shall not have effect in relation to any duty performed after the day on which the notice of withdrawal is given.]]

174 Travelling allowance and subsistence allowance. E+W

(1)Subject to subsections (2) and (3) below, a member of a body to which this section applies shall be entitled to receive payments by way of travelling allowance or subsistence allowance where expenditure on travelling (whether inside or outside the United Kingdom) or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him to perform any approved duty as a member of that body, being payments at rates determined by that body, but not exceeding, in the case of travel [F12or subsistence] for the purpose of an approved duty within the United Kingdom, such rates as may be specified by the Secretary of State.

(2)A member of a parish or community council shall not be entitled to any payment under this section in respect of the performance as such a member of an approved duty within the parish or community or, in the case of a parish or community grouped under a common parish or community council, the area of the group.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

175 Allowances for attending conferences and meetings. E+W

(1)The following bodies, that is to say—

(a)any local authority;

(b)any other body to which this section applies and which has power by virtue of any enactment to send representatives to any conference or meeting to which this section applies;

may pay any member of the authority or other body attending any such conference or meeting such [F14allowances in the nature of an attendance allowance and an allowance for travelling and subsistence, as they think fit.]

[F14(1A)Payments made under subsection (1) above shall be of such reasonable amounts as the body in question may determine in a particular case or class of case but shall not exceed—

(a)in the case of payments of an allowance in the nature of an attendance allowance, such amounts as may be specified in or determined under regulations made by the Secretary of State; and

(b)in the case of payments of an allowance in the nature of an allowance for travel and subsistence in respect of a conference or meeting held in the United Kingdom, such amounts as may be specified under section 174 above for the corresponding allowance under that section;

and regulations made by the Secretary of State may make it a condition of any payment mentioned in paragraph (a) above that, in the financial year to which the payment would relate, the aggregate amount which the body in question has paid or is already liable to pay in respect of any prescribed allowance or allowances does not exceed such maximum amount as may be specified in or determined under the regulations.]

(2)Where a body mentioned in subsection (1)(b) above has power under any enactment other than this Act or any instrument under such an enactment to pay expenses incurred in attending a conference or meeting to which this section applies, the amount payable under that enactment or instrument shall not exceed the amount which would be payable in respect of the attendance under that subsection.

(3)In relation to a local authority this section applies to a conference or meeting held inside or outside the United Kingdom and convened by any person or body (other than a person or body convening it in the course of a trade or business or a body the objects of which are wholly or partly political) for the purpose of discussing matters which in their opinion relate to the interests of their area or any part of it or the interests of the inhabitants of their area or any part of it.

[F15(3B)[F16In relation to any][F17such body as is mentioned in section 177(1)(d) or (e) below][F17body which is a joint board, joint authority or other combined body all the members of which are representatives of local authorities] this section applies to a conference or meeting held and convened as mentioned in subsection (3) above for the purpose of discussing matters which in the body’s opinion relate—

(a)to the functions of the body; or

(b)to any functions of local authorities in which the body has an interest.]

(4)In relation to any other body to which this section applies this section applies to a conference or meeting convened by one or more such bodies or by an association of such bodies.

176 Payment of expenses of official and courtesy visits, etc.E+W

(1)Subject to subsection (2) below, a local authority may—

(a)defray any travelling or other expenses reasonably incurred by or on behalf of any members in making official and courtesy visits, whether inside or outside the United Kingdom, on behalf of the authority;

(b)defray any expenses incurred in the reception and entertainment by way of official courtesy of distinguished persons visiting the area of the authority and persons representative of or connected with local government or other public services whether inside or outside the United Kingdom and in the supply of information to any such persons.

(2)In the case of a visit within the United Kingdom, the amount defrayed under this section by a local authority in respect of the expenses of any member of the authority in making a visit within the United Kingdom shall not exceed the payments which he would have been entitled to receive by way of travelling allowance or subsistence allowance under section 174 above if the making of the visit had been an approved duty of that member.

[F18(3)In this section “local authority” includes a joint authority . . . F19]

177 Provisions supplementary to sections 173 to 176. E+W

[F20X1(1)Sections 173 to 175 above shall apply to the following bodies—

(a)all local authorities;

(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

(ab). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

[F23(ac)a joint authority;]

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

(c)local valuation panels established by schemes for the time being in force for any area for the purposes of section 88 of the M1General Rate Act 1967;

(d)any joint committee of two or more local authorities, whether appointed or established under Part VI of this Act or any other enactment;

(e)any joint board, . . . F25 or other combined body, all the members of which are representatives of local authorities; and

(f)any body prescribed for the purposes of those sections and on which any such body as is mentioned in any of the foregoing paragraphs is represented.]

[F20(1)Subject to paragraph 4 of Schedule 2 to the Education Act 1980 (application of certain allowances to appeal committees), sections 174 and 175 above apply—

(a)to the bodies specified in section 21(1) of the Local Government and Housing Act 1989, except—

(i)the Common Council;

(ii)a body established pursuant to an order under section 67 of the Local Government Act 1985 (successors to residuary bodies); and

(iii)without prejudice to section 265 below, the Council of the Isles of Scilly;

(b)to any prescribed body on which a body to which those sections apply by virtue of paragraph (a) above is represented; and

(c)to any parish or community council.]

[F26X2(2)In sections 173, 174 and 176 above the expression “approved duty”, in relation to a member of a body, means any of the following duties, that is to say—

(a)attendance at a meeting of the body, or of any of its committees or sub-committees;

(b)the doing of any other thing approved by the body, or anything of a class so approved, for the purpose of, or in connection with, the discharge of the functions of the body, or of any of its committees or sub-committees;

(c)where, in pursuance of a duty imposed on or a power granted to the body by any enactment or instrument (including a Royal Charter), he has been appointed by or on the nomination of the body to be a member of some other body prescribed for the purposes of this paragraph (whether or not that other body falls within any of [F27paragraphs [F28(ac)] to (f) of subsection (1) above]), the doing of anything as a member of that other body for the purpose of, or in connection with, the discharge of the functions of that other body.]

[F26(2)In sections 173 to 176 above “approved duty”, in relation to a member of a body, means such duties as may be specified in or determined under regulations made by the Secretary of State.]

[F29(2A)References in section 173 and 173A above to a local authority and a councillor include references—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

(b)to a joint authority and a member of the authority appointed by one of the authority’s constituent councils;

and in relation to such a member of a joint authority the references in section 173A(3) to his election shall be construed as references to his appointment.]

(3)For the purposes of sections 173 to 176 above [F31(but not for the purposes of subsection (2A) above)] a member of a committee or sub-committee of a local authority or other body mentioned in subsection (1) above shall be deemed to be a member of that body.

(4)Section 94(5) above shall apply in relation to a member of any body mentioned in subsection (1) above to whom it would not otherwise apply as it applies in relation to a member of a local authority; and no other enactment or instrument shall prevent a member of any such body from taking part in the consideration or determination of any allowance or other payment under any of the provisions of sections 173 to 176 above [F32or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989].

[F33(5)In their application to their Broads Authority, sections 173(1) and 173A shall have effect as if—

(a)references to a councillor were references to a member of the Authority appointed by one of the bodies mentioned in section 1(3)(a) of the Norfolk and Suffolk Broads Act 1988; and

(b)references to a person’s election were references to his appointment.]

[F34177A Special responsibility allowances for members of principal councils.E+W

(1)Subject to regulations under subsection (3) below, a principal council may pay any member of the council who is a councillor an allowance, in addition to any allowance under sections 173, 174 or 175 above, if they are satisfied that he has special responsibilities in relation to the discharge of the functions of the council.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

(3)The Secretary of State may make regulations specifying—

(a)rates which allowances under this section are not to exceed; and

(b)the total amount which a principal council may pay under this section in a financial year.

(4)Regulations under subsection (3) above may apply—

(a)to principal councils in general; or

(b)to any particular principal council specified in the regulations; or

(c)to any class of principal councils so specified.

[F36(5)In this section references to a principal council and a councillor include references to a joint authority . . . F37 and to any member of any such authority.]

[F38(6)For the purposes of this section the Broads Authority shall be deemed to be a principal council; and in its application to the Authority this section shall have effect as if the reference to any member who is a councillor were a reference to any member of the Authority and any member of its Navigation Committee.]]

178 Regulations as to allowances.E+W

(1)The Secretary of State may make regulations as to the manner in which sections 173 to 176 [F39and 177A] above are to be administered, and in particular, and without prejudice to the generality of the foregoing provision, may make regulations—

(a)providing for the avoidance of duplication in payments under those sections, or between payments under any of those sections and any other Act, and for the determination of the body or bodies by whom any payments under those sections are to be made, and, where such payments are to be made by more than one body, for the apportionment between those bodies of the sums payable;

(b)specifying the forms to be used and the particulars to be provided for the purpose of claiming payments under those sections;

(c)providing for the publication by a body to which sections 173 to 175 above apply, in the minutes of that body or otherwise, of details of such payments.

(2)A statutory instrument containing regulations under section 173 [F40[F41177 or 177A]][F40or 177] above or this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.