The Local Government (Allowances and Expenses) (Scotland) Regulations 2007

Made: 22nd February 2007

Laid before the Scottish Parliament: 26th February 2007

Coming into force: 2nd May 2007

The Scottish Ministers, in exercise of the powers conferred by section 50 of the Local Government (Scotland) Act 1973[^f00001], section 18 of the Local Government and Housing Act 1989[^f00002], sections 11 and 16 of the Local Governance (Scotland) Act 2004[^f00003], and of all other powers enabling them in that behalf, after consideration of the information, advice and recommendations given to them by the Scottish Local Authorities Remuneration Committee in accordance with the requirements of section 11(4) of the Local Governance (Scotland) Act 2004, make the following Regulations:

Citation, commencement, application and extent

1

• (1) These Regulations may be cited as the Local Government (Allowances and Expenses) (Scotland) Regulations 2007 and shall come into force on 2nd May 2007.

• (2) These Regulations apply in relation to the payment of allowances and expenses by each local authority to its members who are elected at an ordinary election or by-election, and for the duration of their service in the office of councillor.

• (3) These Regulations extend to Scotland only.

Interpretation

2

In these Regulations–

• “the 1973 Act” means the Local Government (Scotland) Act 1973;

• “the 1995 Regulations” means the Local Authorities Etc. (Allowances) (Scotland) Regulations 1995[^f00004];

• “approved duty” has the same meaning as in section 49(2) of the 1973 Act;

• “by-election” means an election to fill a casual vacancy in the office of councillor in accordance with section 37 of the 1973 Act (filling of casual vacancies)[^f00005], that is held after 2nd May 2007;

• “Civic Head” means the depute convener of a local authority elected in terms of section 4(2) of the Local Government etc. (Scotland) Act 1994[^f00006] or such other councillor as that local authority decide has the title of Civic Head for the purposes of payment of remuneration and allowances, and reimbursement of expenses, in accordance with section 11 of the Local Governance (Scotland) Act 2004; and

• “ordinary election” means an ordinary election of councillors for local government areas in Scotland that is held after 2nd May 2007[^f00007].

Reimbursement of expenses to a Civic Head

3

• (1) In addition to any payments permitted by virtue of regulations 4 and 5, each local authority may reimburse to its Civic Head any receipted expenditure incurred by that person to enable them to carry out their civic duties, but which amount shall not exceed that provided for in paragraph (2).

• (2) Such amount is the following total yearly amount, depending on the banding of a local authority as specified in Schedule 1–

• (a) Band A – £2,000;

• (b) Band B – £3,000;

• (c) Band C – £4,000;

• (d) Band D – £5,000.

• (3) In this regulation, “yearly” means the period of 12 months from the date of the first ordinary election, and subsequent periods of 12 months, and the total yearly amount stated in paragraph (2) applies whether or not the person who is the Civic Head changes within such period of 12 months.

Reimbursement of expenditure incurred on approved duties

4

• (1) A member of a local authority shall be entitled to receive payments from that authority by way of reimbursement of travel, subsistence or other expenditure incurred by that member (whether the expenditure is incurred inside or outside the United Kingdom) if all the requirements stated in paragraph (2) are met.

• (2) The requirements are that–

• (a) the expenditure on travel, or as the case may be on subsistence or in respect of other expenditure, is expenditure that is reasonably incurred by the member for the purpose of enabling them to perform any approved duty as a member of the local authority;

• (b) the expenditure is of a type described in Schedule 2; and

• (c) the expenditure is receipted (apart from road and bridge tolls).

• (3) Where expenditure is of a type described in Schedule 2, the expenditure shall be payable to the member by the local authority in accordance with the provisions in this regulation, but not exceeding (for expenditure incurred inside the United Kingdom) such rates as are stated opposite each type of expenditure in Schedule 2.

Mileage allowances for travel

5

• (1) No local authority shall make any payments to its members by way of travel or subsistence allowances (as opposed to the reimbursement of receipted expenditure incurred) in respect of carrying out any approved duty, except where that is permitted by these Regulations.

• (2) A member of a local authority shall be entitled to receive payments by way of a mileage allowance in respect of travelling (whether inside or outside the United Kingdom) which is reasonably incurred by them for the purpose of enabling them to perform any approved duty as a member of that local authority.

• (3) The mileage allowance shall be payable only in respect of the types of travelling, and at the rates for each type, described in paragraph (4).

• (4) Those types of travelling and rates are–

• (a) car or van – 49.3 pence per mile;

• (b) motorcycle – 24 pence per mile;

• (c) bicycle – 20 pence per mile; and

• (d) passenger travelling (where both the member and the passengers are carrying out any approved duties) – an additional sum of 5 pence per mile, per passenger.

Claim forms and records of payments

6

• (1) A member of a local authority may claim amounts of expenditure or allowance by completing and lodging with the local authority, a claim in the form set out in Schedule 3.

• (2) Every local authority shall keep a record of the payments of expenditure and allowances made by it in accordance with these Regulations.

• (3) Subject to paragraph (4), a record kept pursuant to paragraph (2) shall specify in relation to each payment–

• (a) the name of the recipient; and

• (b) the nature of the claim and the amount of the payment.

• (4) A record kept pursuant to paragraph (2) shall be published by a local authority in the form set out in Schedule 4, and such record shall be–

• (a) published on a website operated by that authority;

• (b) made available for inspection, on the request in writing of any person, at either the headquarters of that authority or one other office of that authority (if the person requests inspection at another office); and

• (c) published in such other additional manner as that authority considers appropriate.

• (5) A record published pursuant to paragraph (4) shall be published at such frequency as the local authority consider appropriate, but in any event not later than 1st June in each year in respect of the previous year from 1st April to 31st March (or from the date of an ordinary election until 31st March in respect of the first year after coming into force of these Regulations).

Avoidance of duplication

7

• (1) No payment shall be made to a person under any provision of sections 46 to 50 of the 1973 Act in respect of any matter for which a payment has been made to them pursuant to any provision in regulations 3 to 5 (or vice versa).

• (2) A member shall not be entitled to take expenditure into account for the purposes of more than one claim.

• (3) A member shall not be entitled to take any period of absence from his usual place of residence into account for the purposes of more than one claim.

Amendment of the 1995 Regulations

8

• (1) The 1995 Regulations are amended in accordance with this regulation with effect from the date of the first ordinary election.

• (2) In regulation 22, omit “an attendance allowance under a scheme under Part II or”.

• (3) In regulation 26, insert a new paragraph–

(4) Paragraphs (2) and (3) of this regulation do not apply in relation to any claims by members of local authorities in their capacity as such members.

• (4) In regulation 27–

• (a) omit “45(4) or” in paragraph (1);

• (b) insert after paragraph (2)–

(3) Paragraphs (1) and (2) of this regulation do not apply in relation to payments by local authorities or in relation to any members of local authorities in their capacity as such members.

Revocations

9

• (1) Subject to Regulation 10, the provisions of the 1995 Regulations specified in paragraph (2) are revoked with effect from the date of the first ordinary election.

• (2) The provisions referred to in paragraph (1) are–

• (a) regulation 8;

• (b) regulation 9(c); and

• (c) regulation 11(1), (2) and (4).

Savings

10

Notwithstanding revocation of any provision of the 1995 Regulations by virtue of regulation 9, that provision shall continue to have effect in relation to claims made for allowances or other payments in respect of duties performed up to but not including the date of the first ordinary election.

SCHEDULE 1 — BANDING OF LOCAL AUTHORITIES FOR CIVIC HEAD EXPENDITURE

• Band A Clackmannanshire Council Comhairle nan Eilean Siar East Lothian Council East Renfrewshire Council Inverclyde Council Midlothian Council Moray Council Orkney Islands Council Shetland Islands Council Stirling Council

• Band B Angus Council Argyll and Bute Council Dumfries and Galloway Council Dundee City Council East Ayrshire Council East Dunbartonshire Council Falkirk Council North Ayrshire Council Perth and Kinross Council Renfrewshire Council Scottish Borders Council South Ayrshire Council West Dunbartonshire Council West Lothian Council

• Band C Aberdeen City Council Aberdeenshire Council Fife Council The Highland Council North Lanarkshire Council South Lanarkshire Council

• Band D City of Edinburgh Council Glasgow City Council

SCHEDULE 2 — TYPES OF EXPENDITURE AND MAXIMUM RATES

SCHEDULE 3 — CLAIM FORM FOR ALLOWANCES AND EXPENSES

SCHEDULE 4 — RECORD OF CLAIMS

Signed

TOM MCCABE — A member of the Scottish Executive — 22nd February 2007

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in accordance with section 50 of the Local Government (Scotland) Act 1973 (“the 1973 Act”), section 18 of the Local Government and Housing Act 1989 (“the 1989 Act”), and sections 11 and 16 of the Local Governance (Scotland) Act 2004 (“the 2004 Act”). They make provision for the payment by local authorities to their members of certain types of allowance and reimbursement of expenditure incurred on approved duties of such members, from and after the date of the next ordinary election that is held after 2nd May 2007.

Regulation 3 enables an amount to be paid to the member designated as the Civic Head of a local authority for the purposes of reimbursement of receipted expenditure incurred in the carrying out of civic duties, under section 11 of the 2004 Act. The amount is subject to a yearly maximum, as further defined.

Regulation 4 provides for the requirements in terms of which reimbursement for travel, subsistence or other expenditure may be made to members of a local authority. It provides for the expenditure to be reasonably incurred by the member to enable them to perform an approved duty, limits the amount of expenditure in various cases and defines the types of permitted expenditure in Schedule 2.

Regulation 5 provides for members of local authorities to receive a stated mileage allowance in respect of carrying out an approved duty, based on their mode of travel and whether or not they carry passengers.

Regulation 6 provides for all claims for allowance or reimbursement of expenses to be made on a prescribed claim form and signed by the member. It also states requirements for keeping records and publishing information which apply to local authorities.

Regulation 7 makes provision to avoid the duplication of claims for the same item of expenditure.

Regulation 8 provides for consequential amendments of provisions in the Local Authorities Etc. (Allowances) (Scotland) Regulations 1995 (“the 1995 Regulations”), particularly to remove provisions for attendance allowances under a scheme for allowances.

Regulation 9 provides for consequential revocation of various provisions of the 1995 Regulations, particularly in relation to schemes for the payment of attendance allowance.

Regulation 10 provides for the saving of claims under such revoked provisions, up to the date of the next ordinary election when the new provisions will apply.

Footnotes

[^f00001]: 1973 c. 65. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

[^f00002]: 1989 c. 42. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

[^f00003]: 2004 asp 9.

[^f00004]: S.I. 1995/912; amended by S.I. 1997/1631 and 1998/3219, S.S.I. 2002/15, and 2004/146.

[^f00005]: 1973 c. 65. Section 37 was amended by the Scottish Local Government (Elections) Act 2002 (asp 1), sections 3 and 4.

[^f00006]: 1994 c. 39.

[^f00007]: Ordinary elections are held in accordance with section 5 of the 1994 Act, as amended by the Scottish Local Government (Elections) Act 2002 (asp 1) and section 5(2) of the Local Governance (Scotland) Act 2004 (asp 9).