Statutory Instruments made by the National Assembly for Wales

"the 1972 Act" ("Deddf 1972") means the Local Government Act 1972;

"the 2000 Act" ("Deddf 2000") means the Local Government Act 2000;

(a) in respect of an approved duty in relation to which that member is entitled to payment of a financial loss allowance under section 173 of the 1972 Act; or

(b) if such payment would be contrary to a provision made by or under any enactment.

(a) any of the following duties  - 


(i) attendance at a meeting of the authority or of any committee or sub-committee of the authority or of any other body to which the authority makes appointments or nominations, or of any committee or sub-committee of such a body;

(ii) attendance at any other meeting the holding of which is authorised by the authority, or a committee or sub-committee of the authority, or a joint committee of the authority and one or more other authorities, or a sub-committee of such a joint committee, provided that  - 


(aa) where the authority is divided into two or more political groups, it is a meeting to which members of at least two such groups have been invited, or

(bb) if the authority is not so divided, it is a meeting to which at least two members of the authority have been invited;



(iii) attendance at a meeting of any association of authorities of which the authority is a member; and

(iv) attendance at any training or developmental event approved by the authority.



(b) any duties undertaken on behalf of the authority  - 



(i) in pursuance of any Standing Order requiring a member or members to be present while tender documents are opened;

(ii) in connection with the discharge of any function of the authority conferred by or under any enactment and empowering or requiring the authority to inspect or authorise the inspection of premises; and



(c) any other duty approved by an authority, or any duty of a class so approved, for the purpose of, or in connection with the discharge of its functions, or any of its committees or sub-committees.

(a) performs an approved duty or approved duties as a member of more than one body,

(b) performs two or more approved duties for the same body, or

(c) is entitled to an allowance under section 173 of the 1972 Act and to a payment of a comparable allowance under any other enactment,

(a) £30.05 for a period not exceeding four hours;

(b) £60.11 for a period exceeding four hours but not exceeding twenty four hours;

(c) £60.11 plus such amount as is payable under (a) or (b) as appropriate for a period exceeding twenty-four hours.

Regulation 7 requires (subject to Regulations 5 and 6) authorities to make provision in relation to allowances under Part II for an annual adjustment of those allowances (effective from 1st April in each year) by reference to the figure published for the previous year for the Average Male Non-Manual Wage for Wales index in the New Earnings Survey published annually by the Office of National Statistics.

Regulation 8 provides for a member to choose to forgo any part of their entitlement under these Regulations.

Regulation 9 sets out those duties which amount to an "approved duty" for the purposes of sections 173 to 176 of the 1972 Act.

Regulation 10 places financial restrictions on allowances under section 175 of the 1972 Act (allowances for attending conferences and meetings) by limiting the maximum sum payable to £32.46 for any period not exceeding twenty four hours.

Regulation 11 provides for payment of travel or subsistence to members, at rates to be determined each year. Those rates are to be linked to rates payable to Members of the National Assembly for Wales in so far as they shall not exceed rates received by Assembly Members. The exception to this is where on the day before the coming into force of these Regulations the rates paid by an authority are in excess of the rate of the equivalent allowance payable to members of the National Assembly for Wales. In such circumstances the rates paid by the authority may continue at that level but shall not be increased until the equivalent allowance payable to members of the National Assembly for Wales is greater than that paid by the authority. Travel and subsistence claims (except claims relating to travel by private motor vehicle) are to be made on an "actual" basis and must be accompanied by relevant receipts for expenditure incurred, subject to any requirement or limitation determined by an authority. A member cannot claim allowances under Regulation 11 where any approved duty is performed within their community or community council area as appropriate.

Regulation 12 provides for all claims made for attendance allowance, travel allowance, subsistence allowance or financial loss allowance to be accompanied by a statement that the claimant has not and will not make any other claim in respect of the matter to which the claim relates. It also prevents payments under section 176 of the 1972 Act where payments are made under these Regulations.

Regulation 13 requires every authority to keep a record of any payments made in accordance with these Regulations, giving details of the recipient and the nature of the payment. That information should be available for inspection (free of charge) by any local government elector. Copies of the information may be obtained for payment of a reasonable fee to an authority.

In accordance with Regulation 14 as soon as practicable after the end of a financial year each authority shall publish details of the total sum paid under these Regulations to each member in respect of attendance basic allowance and financial loss allowance.

Regulation 15 provides that the Local Authorities (Members' Allowances) Regulations 1991 ("the 1991 Regulations") and the Local Authorities (Members Allowances) (Amendment) (Wales) Regulations 2001 ("the 2001 Regulations") continue to have effect in relation to claims for duties predating 1st April 2003. Subject to certain provisions in these Regulations the 1991 and 2001 Regulations are revoked. Regulation 15 disapplies section 174 of the 1972 Act in its application to Wales.