S.I. No. 391/1993 - Local Government (Expenses of Local Authority Members) Regulations, 1993

S.I. No. 391 of 1993.

LOCAL GOVERNMENT (EXPENSES OF LOCAL AUTHORITY MEMBERS) REGULATIONS, 1993.

PART I PRELIMINARY

Article

1. Citation.

2. Interpretation.

3. Commencement.

PART II ANNUAL EXPENSES ALLOWANCE

4. Payment of annual expenses allowance.

5. Determination of annual expenses allowance.

PART III TRAVELLING AND SUBSISTENCE EXPENSES ALLOWANCES

6. Matters to which Part III applies.

7. Payment of travelling expenses allowances.

8. Payment of subsistence expenses allowances.

9. Allowances for non-members of local authority.

PART IV GENERAL

10. Local authority associations.

11. Payments in accordance with Regulations, etc.

12. Directions.

SCHEDULE

Local Authority Groupings for the Purposes of Article 5.

S.I. No. 391 of 1993.

LOCAL GOVERNMENT (EXPENSES OF LOCAL AUTHORITY MEMBERS) REGULATIONS, 1993.

The Minister for the Environment in exercise of the powers conferred on him by sections 3 , 50 and 51 of the Local Government Act 1991 (No. 11 of 1991) and after consultation with the Minister for Finance hereby makes the following regulations:—

PART I PRELIMINARY

1 Citation.

1. These Regulations may be cited as the Local Government (Expenses of Local Authority Members) Regulations, 1993.

2 Interpretation.

2. (1) In these Regulations, except where the context otherwise requires—

"annual expenses allowance" means an annual expenses allowance for the purposes of Part II;

"attendance" means—

• (i) in the case of a meeting of a local authority or of a committee or a joint committee, participation in the business of such meeting as a member of the relevant authority or committee or joint committee, as the case may be,

• (ii) in the case of a matter to which Part III applies, participation in such matter as a representative of a local authority;

"the Act" means the Local Government Act, 1991 ;

"committee" means a committee of a local authority;

"joint committee" means a joint committee of local authorities;

"local authority" means a council of a county, a corporation of a county or other borough, a council of an urban district or commissioners of a town;

"member" means a member of a local authority;

"official residence" means a person's ordinary place of residence;

"subsistence expenses allowance" means a subsistence expenses allowance for the purposes of article 8;

"travelling expenses allowance" means a travelling expenses allowance for the purposes of article 7;

• (2) In these Regulations a reference to—

( a ) a Part which is not otherwise identified is a reference to a Part of these Regulations;

( b ) an article which is not otherwise identified is a reference to an article of these Regulations;

( c ) a sub-article, paragraph or sub-paragraph which is not otherwise identified is a reference to a sub-article, paragraph or sub-paragraph of the article, sub-article or paragraph in which the reference occurs;

• (3) In these Regulations a reference to—

( a ) any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment.

( b ) a matter as being in accordance with or subject to or provided for in these Regulations or any provisions thereof shall be construed as including a reference to such matter being in accordance with or subject to or provided for in directions given under these Regulations.

3 Commencement.

3. These Regulations shall come into operation on the 1st day of January, 1994.

PART II ANNUAL EXPENSES ALLOWANCE

4 Payment of annual expenses allowance.

4. (1) A local authority shall, subject to and in accordance with these regulations, make payments to a member consisting of a composite annual sum (in these Regulations referred to as an annual expenses allowance) not exceeding an amount determined in accordance with sub-articles (2) and (3) and article 5 in respect of travelling, subsistance and other expenses reasonably incurred in connection with the performance of the member's functions and duties, save as is otherwise provided for in these Regulations, in respect of each year or portion of year for which such person is a member.

• (2) Where in any year a person is a member of a local authority for a period less than the full year, the annual expenses allowance payable to such person by that authority shall not exceed such proportion of the sum determined in accordance with article 5 as is equal is the proportion of a full year represented by the said period.

• (3) ( a ) Where in any year a member attends less than the relevant number of meetings, the annual expenses allowance to be paid to the member shall be the proportion of the sum determined in accordance with sub-article (2) and article 5 as is equal to the proportion of the relevant number of meetings which the member attended during the year or portion of the year concerned.

( b ) For the purposes of this article, "relevant number of meetings" means eight tenths of the sum of—

• (i) the total number of meetings of the local authority held during the year or portion of the year concerned, and

• (ii) the total number of meeting of committees and joint committees of which the person is a member held during the year or portion of the year concerned.

( c ) For the purposes of this sub-article, whenever a meeting of a local authority or of a committee or a joint committee of such authority is abandoned, owing to failure to obtain a quorum, a meeting of such authority or committee or joint committee shall be deemed to have been held at the time and place appointed for such meeting and the members attending at such time and place shall be deemed to have attended such meeting.

5 Determination of annual expenses allowance.

5. (1) The annual expenses allowance payable in accordance with article 4 shall be determined as follows:—

( a ) In the case of a member of a local authority mentioned in Part I of the Schedule to these Regulations, an amount equal to the sum of—

• (i) the annual mileage rate applicable in accordance with directions pursuant to article 12 (2) (a) multiplied by the relevant distance multiplied by sixty, and

• (ii) the annual subsistence rate applicable in accordance with directions pursuant to article 12 (2) (b) multiplied by thirty, and

• (iii) the fixed annual rate applicable in accordance with directions pursuant to article 12 (2) (c).

( b ) In the case of a member of a local authority mentioned in Part II of the Schedule to these Regulations, an amount equal to the sum of—

• (i) the annual mileage rate applicable in accordance with directions pursuant to article 12 (2) (a) multiplied by the relevant distance multiplied by one hundred, and

• (ii) the annual subsistence rate applicable in accordance with directions pursuant to article 12 (2) (b) multiplied by fifty, and

• (iii) the fixed annual rate applicable in accordance with directions pursuant to article 12 (2) (c).

( c ) In the case of a member of a local authority mentioned in Part III of the Schedule to these Regulations, an amount equal to the sum of—

• (i) the annual mileage rate applicable in accordance with directions pursuant to article 12 (2) (a) multiplied by the relevant distance multiplied by one hundred and forty, and

• (ii) the annual subsistence rate applicable in accordance with directions pursuant to article 12 (2) (b) multiplied by seventy, and

• (iii) the fixed annual rate applicable in accordance with directions pursuant to article 12 (2) (c).

( d ) In the case of a member of a local authority mentioned in Part IV of the Schedule to these Regulations, an amount equal to the sum of—

• (i) the annual mileage rate applicable in accordance with directions pursuant to article 12 (2) (a) multiplied by the relevant distance multiplied by one hundred and sixty, and

• (ii) the annual subsistence rate applicable in accordance with directions pursuant to article 12 (2) (b) multiplied by eighty, and

• (iii) the fixed annual rate applicable in accordance with directions pursuant to article 12 (2) (c).

( e ) In the case of a local authority mentioned in Parts V, VI, or VII of the Schedule to these Regulations, a fixed annual amount applicable in accordance with directions pursuant to article 12 (2) (d) in respect of each such Part.

• (2) For the purposes of sub-article (1), "relevant distance" means the greater of either—

• (i) the number of miles between the headquarters of the local authority and the member's official residence measured along the shortest route by which the member could reasonably be expected to travel, or

• (ii) ten miles.

PART III TRAVELLING AND SUBSISTENCE EXPENSES ALLOWANCES

6 Matters to which Part III applies.

6. This Part shall apply to the following:—

( a ) subject to the exclusion of the matters referred to in paragraph (c)—

• (i) attendance, authorised by the local authority in accordance with section 51 (2) of the Act and in accordance with any directions given by the Minister pursuant to article 12 (2) (1), by a member at a meeting, held at a place which is outside of the functional area of the authority or at a conference, seminar, or similar event at which the authority is, pursuant to subsection (2) of section 51 of the Act, entitled to be represented;

• (ii) a visit, authorised by the local authority, by a member to an area with which the authority has or proposes to have twinning arrangements or other similar links pursuant to section 49 of the Act, in connection with, or in connection with the making of, such arrangements or links.

( b ) such other matter as may be specified in directions given by the Minister.

( c ) The following shall be excluded from matters referred to in paragraph (a):—

• (i) attendance at a meeting of a local authority or of a committee or a joint committee or at a joint meeting of local authorities or a joint meeting of any such committees;

• (ii) attendance at a meeting of any public authority or of any committee, sub-committee, joint committee or other group of, or appointed by, or of any body established by, such authority, as a member of such public authority, committee, sub-committee, joint committee, group or body, other than such a meeting held within such period of the commencement of these Regulations as may be specified in directions given by the Minister;

• (iii) any matter in respect of which expenses have been paid by or are payable by or have been claimed from a person other than the local authority;

• (iv) such other matter as may be specified in directions given by the Minister.

7 Payment of travelling expenses allowances.

7. Where travelling expenses are incurred by a member in connection with a matter to which this Part applies, the local authority may, subject to and in accordance with directions given by the Minister under article 12, pay a travelling expenses allowance to such member.

8 Payment of subsistence expenses allowances.

8. Where a member is obliged by reason of a matter to which this Part applies to remain away from his or her official residence for a continuous period of three hours or more a local authority may, subject to and in accordance with directions given by the Minister under article 12, pay a subsistence expenses allowance to such member.

9 Allowances for non-members of local authority.

9. (1) This article applies to a person who is not a member of a local authority but who is a member of a committee or a joint committee.

• (2) The provisions of articles 7 and 8 shall apply in respect of a person to whom this article applies as if such person was a member.

• (3) A local authority may, by resolution, decide to pay travelling or subsistence expenses allowances in respect of the attendance by persons to whom this article applies at meetings of committees or joint committees of which they are members and while such resolution is in force such attendance shall, for the purposes of this article, be deemed to be a matter to which this Part applies.

PART IV GENERAL

10 Local authority associations.

10. Without prejudice to the generality of article 12, the Minister may give directions in relation to expenses of members of local authorities in connection with representation by them of such authorities on the Association of Municipal Authorities of Ireland or the General Council of County Councils.

11 Payments in accordance with regulations, etc.

11. (1) A local authority shall not make a payment in respect of travelling or subsistence expenses allowances or in respect of any matter referred to in section 51 of the Act to a member or to a member of a committee or a joint committee except in accordance with the Act and with these Regulations.

• (2) A local authority shall not make a payment in respect of travelling or subsistence expenses allowances or in respect of any matter referred to in section 51 of the Act to a member or to a member of a committee or a joint committee unless it is satisfied that such a payment and the amount of the proposed payment can properly be made in accordance with the Act and with these Regulations.

12 Directions.

12. (1) The Minister may from time to time give directions with regard to any matter referred to in section 51 of the Act or in these Regulations or any other matter which appears to him to be necessary or expedient for the purposes of the said section 51.

• (2) Without prejudice to the generality of sub-article (1) the Minister may from time to time give directions with regard to all or any of the following matters:

( a ) the annual mileage rate to be applied for the purposes of sub-paragraph (i) of paragraphs (a), (b), (c) and (d) respectively of article 5 (1),

( b ) the annual subsistence rate to be applied for the purposes of sub-paragraph (ii) of paragraphs (a), (b), (c) and (d) respectively of article 5 (1),

( c ) the fixed annual rate in respect of postage, telephone and general representational expenses to be applied for the purposes of sub-paragraph (iii) of paragraphs (a), (b), (c) and (d) respectively of article 5 (1),

( d ) the amounts to be applied in the case of the local authorities mentioned in Parts V, VI, and VII respectively of the Schedule to these Regulations, for the purposes of article 5 (1) (e),

( e ) the scale of mileage rates to be applied for the purposes of article 7,

( f ) the scale of subsistence rates to be applied for the purposes of article 8,

( g ) the rules, requirements, conditions, restrictions, limits, procedures or any other provisions which shall apply in connection with the payment of or claiming of travelling expenses allowances or subsistence expenses allowances or the payment of annual expenses allowances,

( h ) the matters in respect of which, the purposes for which, the circumstances in which or the distance or periods in respect of which travelling expenses allowances or subsistence expenses allowances may or may not be claimed or paid or annual expenses allowances paid,

( i ) the method by which or manner in which annual expenses allowances, travelling expenses allowances or subsistence expenses allowances shall be calculated, paid or claimed,

( j ) matters specified for the purposes of article 6 (b), or 6 (c) (ii), or 6 (c) (iv),

( k ) particulars to be recorded in the annual report of a local authority relating to expenses of members of local authorities, representation of local authorities at meetings, conferences, seminars or other similar events or any other related matters,

( l ) requirements to be complied with by local authorities in connection with authorisations for the purposes of section 51 (2) of the Act,

( m ) any other requirements to be complied with by local authorities or by members or members of committees or joint committees in connection with the payment of or claiming of travelling expenses allowances or subsistence expenses allowances or with the payment of annual expenses allowances.

SCHEDULE

LOCAL AUTHORITY GROUPINGS FOR THE PURPOSES OF ARTICLE 5

PART I

The councils of the counties of Carlow, Cavan, Kilkenny, Laoighis, Leitrim, Louth, Longford, Monaghan, Offaly, Roscommon, Sligo, Tipperary (North Riding), Tipperary (South Riding), Waterford and Westmeath and the corporations of the county boroughs of Galway and Waterford.

PART II

The councils of the counties of Clare, Donegal, Galway, Kerry, Kildare, Limerick, Mayo, Meath, Wicklow and Wexford and the corporations of the county boroughs of Cork and Limerick.

PART III

The councils of the counties of Dun Laoghaire-Rathdown, Fingal and South Dublin.

PART IV

The council of the county of Cork and the corporation of the county borough of Dublin.

PART V

The corporation of every borough other than a county borough and the councils of the urban districts of Athlone, Bray, Dundalk, Ennis and Tralee.

PART VI

The council of every urban district other than such urban districts mentioned in Part V of this Schedule and the commissioners of the towns of Balbriggan, Droichead Nua, Greystones, Leixlip, Mullingar, Portlaoise and Shannon.

PART VII

The commissioners of every town other than towns mentioned in Part VI of this Schedule.

GIVEN under the Official Seal of the Minister for the Environment, this 17th day of December, 1993.

MICHAEL SMITH,

Minister for the Environment.

EXPLANATORY NOTE.

These regulations provide for a revised system of expenses allowances for members of local authorities to come into effect on 1st January, 1994 and for ancillary matters.