C1 Part VIII Finance
Allowances to members of local authorities and other bodies
C3C2C28C42173 Attendance allowance and financial loss allowance.
F391
Subject to subsection (6) below, any member of a 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 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 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 F3council entitled to the allowance in respect of a duty of any description at the same time of day and of the same duration.
C38C4C22C604
Subject to subsection (6) below, any member of a 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.
F55
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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.
C5C29C43F6173A Right to opt for financial loss allowance.
F391
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”.
C6C73
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 F9councilF10then, 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.
F114
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.
C8C23C24C25C9C10C33C35C44174 Travelling allowance and subsistence allowance.
C39C26C11C62C58F391
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.
F133
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C12C30C34C36C45175 Allowances for attending conferences and meetings.
F391
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.
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.
C13C49C53F153B
F16In relation to F34an economic prosperity board, a combined authority F33, a combined county authority or anyF17body 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.
C14C37C46C57176 Payment of expenses of official and courtesy visits, etc.
F391
Subject to subsection (2) below, a local authority may—
C31a
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.
C27C322
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.
C15C16F183
C17C18C19C47177 Provisions supplementary to sections 173 to 176.
C50F39F191
F20 ... 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;
C20C54b
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.
F291A
Subsection (1) has effect without prejudice to the operation of—
a
regulations made by virtue of section 94(5C) or 95(3B) of the School Standards and Framework Act 1998 (allowances for admission appeal panels);
F30b
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F32ba
regulations made by virtue of section 51A(8) of the Education Act 2002 (allowances for exclusion review panels: England);
and
c
regulations made by virtue of section 52(6) of F35that Act (allowances for exclusion appeal panels: Wales); and.
F212
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.
F222A
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3
For the purposes of sections 173 to 176 above F23 ... 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 F24or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989.
F255
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F26177A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C41C40C21C48C61C59C55C52C56C64C51C63178 Regulations as to allowances.
F391
The Secretary of State may make regulations as to the manner in which sections 173 to 176 F27 . . . 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 F28or 177 above or this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Pt. VIII (ss. 147–178) modified by S.I. 1983/249, reg. 2, Sch. 4