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United Kingdom Statutory Instruments


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Statutory Instruments

1992 No. 505 (S.56)

LOCAL GOVERNMENT, SCOTLAND

The Local Authorities Etc. (Allowances) (Scotland) Amendment Regulations 1992

Made

5th March 1992

Laid before Parliament

9th March 1992

Coming into force

1st April 1992

The Secretary of State, in exercise of the powers conferred on him by sections 45, 47, 49A and 235(1) of the Local Government (Scotland) Act 1973(1) and sections 18 and 190(1) of the Local Government and Housing Act 1989(2), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement, extent and interpretation

1.-(1) These regulations may be cited as the Local Authorities Etc. (Allowances) (Scot land) Amendment Regulations 1992, shall come into force on 1st April 1992 and shall apply only to Scotland.

(2) In these regulations "the principal Regulations" means the Local Authorities Etc. (Allowances) (Scotland) Regulations 1991(3).

Amendment of the principal Regulations

2.-(1) Regulation 13 of the principal regulations shall be amended as follows.

(2) In paragraph (c)(iii) for "£7500" there shall be substituted "£8000".

(3) In paragraph (d) for "25 per cent" there shall be substituted "10 per cent".

3.-(1) Regulation 19 of the principal regulations shall be amended as follows.

(2) In paragraph (1) for "25 per cent" there shall be substituted "10 per cent".

(3) In paragraph (2) for "£7500" there shall be substituted "£8000".

4.-(1) Regulation 22 of the principal regulations shall be amended as follows.

(2) In paragraph (a) for "£19.25" there shall be substituted "£20.70".

(3) In each of paragraphs (b) and (c) for "£38.50" there shall be substituted "£41.40".

5. In regulation 23(2) of the principal regulations for "£22.80" there shall be substituted "£24.35".

6. In regulation 24 of the principal regulations for "£7500" there shall be substituted "£8000".

7. For Schedule 2 to the principal Regulations (determination of the standard maximum) there shall be substituted the following Schedule:-

Regulation 12(2)

"SCHEDULE 2Determination of the standard maximum

The table below is the Table referred to in the definition of "standard maximum" in regulation 12(2).

TABLE

(1)(2)
Authority or description of authorityAmount £

1. A regional council with a population:

(a)exceeding 1 million

6,495
exceeding 600,000 but not exceeding 1 million 6,030
exceeding 250,000 but not exceeding 600,000 5,100
not exceeding 250,000 4,410

2. An islands council

3,825

3. A district council with a population:

(a)exceeding 600,000

5,795
exceeding 400,000 but not exceeding 600,000 5,100
exceeding 150,000 but not exceeding 400,000 4,410
exceeding 100,000 but not exceeding 150,000 3,825
exceeding 75,000 but not exceeding 100,000 3,190
not exceeding 75,000 and with planning function 2,550
not exceeding 75,000 and with no planning function 1,855"

Allan Stewart

Parliamentary Under Secretary of State, Scottish Office

St Andrew's House,

Edinburgh

5th March 1992

Explanatory Note

(This note is not part of the Regulations)

The principal Regulations make provision for the payment of allowances to members of local authorities, joint boards and certain related bodies.

These Regulations lower the maximum percentage of total estimated allowances which can be allocated to special responsibility allowance from 25% to 10% (regulations 2(3) and 3(2)) and increase the maximum aggregate amount of special responsibility allowance payable to any one member, from £7,500 to £8,000 per annum (regulations 2(2) and 3(3)).

These Regulations also increase the maximum rates of payment applicable under sections 45 and 47 of the Local Government (Scotland) Act 1973 (regulations 4 and 5) and increase from £7,500 to £8,000 per annum the maximum total amount which may be paid by a local authority in any year in respect of allowances under section 49A of that Act (regulation 6).

There is an overall ceiling on the amount of allowances payable by a local authority, which ceiling may be calculated by reference to "the standard maximum" or, if greater, "the transitional maximum". Schedule 2 to the principal Regulations specifies amounts for comput ation of "the standard maximum". These Regulations insert a replacement Schedule 2 specifying increased amounts (regulation 7).

These Regulations have effect on and after 1st April 1992.

(1)

1973 c. 65; section 45 was amended by the Local Government and Planning (Scotland) Act 1982 (c. 43), section 60(1)(a) and repealed by the Local Government and Housing Act 1989 (c. 42) ("the 1989 Act"), Schedule 12, Part II, but was saved for certain purposes by S.I. 1991/344; section 47 was amended by the 1989 Act, Schedule 11, paragraph 34; section 49A was added by the Local Government, Planning and Land Act 1980 (c. 65), section 26(3) and repealed by the 1989 Act, Schedule 12, Part II, but was saved in relation to members of licensing boards by S.I. 1991/344; section 235(1) contains a definition of "prescribed" relevant to the exercise of the powers under which these Regulations are made.

(3)

S.I. 1991/397.


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