Local Government Act 1972

Changes over time for: Section 173

Version Superseded: 01/02/2012

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Point in time view as at 27/02/1991. This version of this provision has been superseded.

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Local Government Act 1972, Section 173 is up to date with all changes known to be in force on or before 28 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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173 Attendance allowance and financial loss allowance.E+W

(1)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.

(4)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.

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

(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.

Textual Amendments

F1Words in s. 173 substituted (27.2.1991 for certain purposes and 1.4.1991 otherwise) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(1), Sch. 11 para. 26(a); S.I. 1991/344, art.3(1)(2) (with saving in Sch. para. 1(1)(a))

F2Words added by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1), s. 24(1)(3)

F3Word in s. 173(3) substituted (27.2.1991 for certain purposes and 1.4.1991 otherwise) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(1), Sch. 11 para. 26(b); S.I. 1991/344, art.3(1)(2) (with saving in Sch. para. 1(1)(a))

F4Words in s. 173(4) substituted (27.1.1991 for certain purposes and 1.4.1991 otherwise) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(1), Sch. 11 para. 26(c); S.I.1991/344,art. 3(1)(2) (with saving in Sch. para. 1(1)(a)(2))

F5S. 173(5) repealed by S.I. 1977/1710, art. 3(c)

Modifications etc. (not altering text)

C1S. 173 modified by S.I. 1991/351, reg. 23

S. 173 restricted by S.I. 1991/351, reg. 21

S. 173 applied (4.3.1996) by S.I. 1996/263, reg. 16(4)

S. 173 extended (1.11.1996) by 1996 c. 56, ss. 423(4), 583(2), Sch. 33 Pt. I para. 4(b) (with s. 1(4))

C2S. 173: power to amend or repeal conferred (1.11.2000 for W. and 19.2.2001 for E.) by 2000 c. 22, s. 100(4); S.I. 2000/2948, art. 2; S.I. 2001/415, art. 2(b)