Council Constitution
Part 6: Members' Allowances Scheme 2005
Local Authorities (Members' Allowances) (England) Regulations 2003
This Scheme was approved by resolution of the Council on 20 December 2005 and shall have effect from 1 January 2006.
1.
In this Scheme,
- member means a member of the High Peak Borough Council who is a councillor.
- year means the period beginning on the first day of any municipal year and ending with the last day of that municipal year.
- municipal year means a period of time commencing with the annual meeting of the Council.
3. Basic Allowance
Subject to paragraph 12, for each year or part thereof, the Basic Allowance specified in Schedule 1 of this Scheme shall be paid to each member.
4. Special Responsibility Allowances
- For each year a Special Responsibility Allowance shall be paid to those members who hold the special responsibilities specified in Schedule 1.
- Subject to paragraph 12, the amount of each such allowance shall be as specified in Schedule 1.
5. Child Care and Dependent Carer's Allowance
A Child Care and Dependent Carer's Allowance shall be payable as set out in Schedule 1.
6. Travel and Subsistence Allowances
Travel allowances are payable for duties set out in Schedule 2 and shall be as follows:
- Public transport - reimbursement of actual costs incurred.
- Private transport - see Schedule 3.
Subsistence shall be payable as specified in Schedule 3. If an overnight stay is required, a member or co-optee can claim the actual reasonable cost of any accommodation.
7. Co-optees
Any co-optees, as permitted by the Council's Constitution, shall be paid a co-optee’ Special Responsibility Allowance as specified in Schedule 1 to this Scheme, together with Travel and Subsistence Allowance and Child Care and Dependent Carer’s Allowances on the same basis as any member of the Council.
8. Pensions
Any member of the Council shall be eligible to join the Local Government Pension Scheme provided their allowances exceed £5,000 per annum.
9. Backdating
The provisions of paragraphs 3, 4, 6 and 7 of this Scheme shall be implemented with effect from 1 January 2006.
An annual index shall be applied to the Basic Allowance, Special Responsibility Allowance, Co-optees Allowance and the rate for which the Dependent Carer’s Allowance, the index being the annual national percentage pay increase received by local government staff.
10. Suspension of Allowances
Where a Member is suspended, or partially suspended, from his or her responsibilities or duties as a member or co-optee of the Council in accordance with Part III of the Local Government Act 2000, that part of any allowance payable to that member or co-optee under this Scheme will be withheld or recovered. Subject to the outcome of any investigation, any amount withheld or recovered may be reimbursed.
11. Renunciation
A member or co-optee may by notice in writing given to the Head of Legal and Democratic Services elect to forego any part of his or her entitlement to an allowance under this Scheme.
12. Part Year Entitlements
- The provisions of this paragraph shall have effect to regulate the entitlements of a member or co-optee to Basic and Special Responsibility Allowances (as appropriate) where, in the course of any year, this Scheme is amended or that member or co-optee becomes, or ceases to be, a member or co-optee or accepts or relinquishes a special responsibility in respect of which a Special Responsibility Allowance is payable.
- If an amendment to this Scheme changes the amount to which a member or co-optee is entitled by way of a Basic Allowance or a Special Responsibility Allowance, then in relation to each of the periods
- beginning with the municipal year and ending with the day before that on which the first amendment in that year takes effect; or
- beginning with the day on which an amendment takes effect and ending with the day before that on which the next amendment takes effect, or (if there is no amendment) the end of the year
the allowance paid shall be proportional to the number of days in that period to the number of days in the year.
- If an amendment to this Scheme changes the duties specified in Schedule 2 to this Scheme, the entitlement to Travel and Subsistence Allowance or Child Care and Dependent Carer’s Allowance, shall be to the amount applicable under the Scheme when the duty is carried out.
- Where the term of office of a member begins or ends otherwise than at the beginning or end of a municipal year, the Basic Allowance paid shall be proportional to the number of days in that period to the number of days in the year.
- Where the Scheme is amended as mentioned in sub-paragraph (ii), and the term of office of a member does not subsist throughout the period mentioned in sub-paragraph (ii) (a), the Basic Allowance paid shall be proportional to the number of days in the period of office of that member to the number of days in the year.
- Where a member or co-optee has during part of, but not throughout, a municipal year such special responsibilities as entitle him or her to a Special Responsibility Allowance, the Special Responsibility Allowance paid shall be proportional to the number of days during which that office is held to the number of days in the year.
- Where this Scheme is amended as mentioned in sub-paragraph (ii), and a member has during part but not the whole of, any such period, any special responsibilities as entitle him or her to a Special Responsibility Allowance, the Special Responsibility Allowance paid shall be proportional to the number of days during which the member has such special responsibilities to the number of days in the year.
13. Claims and Payments
Any claim for allowances other than the Basic and Special Responsibility Allowances, shall be made on the form provided by the Head of Personnel and Administration (also available on the intranet under ‘Members’ Forms’) within three months of the end of the month in which the entitlement to the allowance arose.
14. Payment Shall Be Made
- In respect of Basic and Special Responsibility Allowances, subject to sub-paragraph (ii), in instalments of one-twelfth of the amount specified in this Scheme on the twenty fifth day of each month, or the working day preceding that date.
- In respect of other allowances, on the twenty fifth day of each month following the receipt of a claim, providing such claim is received no later than the eleventh day of that month.
- Where a payment of one-twelfth of the amount specified in this Scheme in respect of a Basic Allowance or a Special Responsibility Allowance would result in the member or co-optee receiving more than the amount to which, by virtue of paragraph 12, he or she is entitled, the payment shall be restricted to such amount as will ensure that no more is paid than the amount to which he or she is entitled.
MEMBERS' ALLOWANCES SCHEME 2005
SCHEDULE 1
BASIC ALLOWANCE
Each member shall be entitled to a Basic Allowance of £2,831
SPECIAL RESPONSIBILITY ALLOWANCES
| Leader of the Council | £9,342 |
| Deputy Leader of the Council | £5,605 |
| 4 Executive Members | £4,203 |
| Chair of Corporate Select Committee | £1,868 |
| Chair of Environment Select Committee | £1,401 |
| Chair of Regeneration Select Committee | £1,401 |
| Chair of Social Inclusion and Community Select Committee | £1,401 |
| Chair of Audit and Regulatory Committee | £1,868 |
| Chair of Development Control Committee | £2,802 |
| Vice Chair of Development Control Committee | £1,401 |
| Chair of Standards Committee (co-optee) | £933 |
| Chair of Development Plan Select Committee | £373 |
| 3 Chairs of Licensing Panel | £933 |
| Minority Group Leader | £1,868 |
| Co-optees to Standards Committee (excluding Chair) | £373 |
DEPENDENT CARER’S ALLOWANCE
Payable in respect of child or dependent relative care whilst undertaking the qualifying duties specified in Schedule 2. The allowance shall be £4 per hour up to a maximum of £28 per day.
Allowances revised June 2006
MEMBERS' ALLOWANCES SCHEME 2005
SCHEDULE 2
Approved duties for the purpose of Travel and Subsistence Allowance and Child Care and Dependent Carer’s Allowance:
- A meeting of the Borough Council, Committee, Executive or Panel or of any Sub-Committee whether as a member, substitute or observer.
- Site Inspections by members of the Council, Executive, a Committee, Panel or Sub-Committee approved by the Chief Executive.
- Site Inspections by the Leader or Deputy Leader of the Council, a Chair or Vice-Chair of a Committee, Sub-Committee or Panel undertaken on his or her own authority, providing the visit is reasonably necessary to discharge his or her duties.
- As Leader or Deputy Leader of the majority group on the Council (or, in the event of a coalition of groups, the Leader and Deputy Leader of the coalition), Leader of any opposition group on the Council, or a Chair or Vice-Chair of a Committee, Sub-Committee or Panel, any place within the High Peak Borough, within Derbyshire or within 30 miles of the Council's offices at Chinley, for the purposes of transacting Council business, provided that any other member of the Council may, attend in their place with the approval of the Chief Executive.
- Subject to a limit of not more than three visits per member within each cycle of meetings, visits to offices of the Council for the purposes of conducting constituency business.
- Government offices for the purposes of transacting Council business.
- The Council's offices or other place within the High Peak at the request of the Chief Executive, a Strategic Director or the Head of Legal and Democratic Services.
- Official and courtesy visits of a civic nature within the United Kingdom where (other than in the case of the Mayor or Deputy Mayor) first approved in writing by the Chief Executive.
- Official openings, presentations or other events within the Borough where first approved in writing by the Chief Executive.
- One meeting per calendar month of one of the recognised political groups on the Council, held at Council Offices, Chinley, or with the prior approval in writing of the Chief Executive, at other venues within the Borough.
- A meeting of a body to which a member has been appointed by the Local Government Association or by the Derbyshire or East Midlands Local Government Association.
- Training for Councillors with the approval of the Chief Executive.
- As Leader of any duly notified political group on the Council, at any political group meeting organised under by or on behalf of the Local Government Association or the East Midlands Regional Local Government Association; provided that:
- the number of such visits shall in each case not exceed four per annum;
- any other member of the Council may attend in the place of a group Leader with the approval of the Chief Executive.
- Other meeting or function, whether in the United Kingdom or abroad, where attendance has been approved in advance by the Chief Executive.
- Attendance as the Council's appointee/nominee, or duly appointed substitute, at meetings of the following bodies, or at any Committee, Sub-Committee or Panel of such body.
- Area Forums
- Association of Direct Labour Organisations (ADLO)
- Buxton and District Local Quarries Joint Liaison Committee
- Buxton Police Community Consultative Group
- Buxton Volunteer Bureau
- Chapel-en-le-Frith & New Mills Police Consultative Group
- Chapel-en-le-Frith Conservation Area Committee
- Chapel-en-le-Frith Regeneration Committee
- Crescent Joint Working Party
- Derby and Derbyshire Economic Partnership
- Derbyshire Age Concern
- Derbyshire County Forum on Domestic Abuse
- Derbyshire and Staffordshire Revenues and Benefits Joint Committee
- Derbyshire E-Government Management Board
- Derbyshire Partnership Forum
- Derbyshire Sport
- Derbyshire Supporting People Partnership
- East Midlands Arts
- East Midlands Regional Assembly
- East Midlands Regional LGA Employment Forum
- East Midlands Equal Opportunities Forum
- Glossop and District Volunteer Bureau
- Glossop Arts and Leisure Association
- Glossop/Bad Vilbel Twinning Association
- Glossop Community Transport
- Glossop Heritage Trust
- Glossop Police Liaison Group
- Glossop TIC Management Committee
- Glossop Town Centre HERS
- Glossop Vision Board
- Glossop Volunteer Bureau
- Health and Safety Committee
- Heart of England Tourist Board
- Higher Buxton Heritage Committee
- High Peak and Derbyshire Dales Local Strategic Partnership
- High Peak Citizens Advice Bureau
- High Peak Community Arts
- High Peak Community Housing Board
- High Peak Theatre Trust Limited
- High Peak Victim Support
- Investigation of Air Pollution Standing Conference
- Joint Consultative Committee
- Local Government Association
- Local Government Association - Derbyshire
- Local Government East Midlands
- Local Government Association - Rural Commission
- Local Government Association - Urban Commission
- Mersey Basin Campaign Conference
- National Society for Clean Air and Environmental Protection
- New Mills Heritage & Information Centre
- New Mills HERS
- New Mills and District Volunteer Centre
- North Derbyshire Business Link
- North Derbyshire Joint Consultative Committee
- Nottinghamshire and Derbyshire Local Authority Energy Partnership
- Peak District Rural Action Zone
- Peak District Rural Housing Association
- Safer Derbyshire Dales and High Peak Joint Community Safety Strategy Group
- South Pennine Integrated Transport Strategy
- Spa Business Association
- SRB6 Gamesley on the Go Board
- Stockport Local Transport Group
- Tameside and Glossop NHS Foundation Trust
- Tameside Local Transport Group
- Tenant Consumer Panels
- Torr Vale Mill Preservation Trust Limited
- Trans Pennine Trail
- Visit Peak District Executive
- Whaley Bridge Regeneration Partnership
- Whaley Bridge Sports Association
MEMBERS' ALLOWANCES SCHEME 2005
SCHEDULE 3
Mileage Rates Payable
- Motor Cars
The following rates will be paid:
| Engine Size Rate per Mile |
| Up to 999cc | 39.7p |
| 1,000cc and above | 43.1p |
plus 3p per mile for the first passenger carried and 2p per mile for the second and subsequent passenger.
- Motorcycles
| Up to 150cc | 8.5p |
| 151 - 500cc | 12.3p |
| 500cc and above | 16.5p |
Subsistence Rates Payable
| Breakfast | (absence of 4 hours or more
ending before 11.00 am) | £7.00 |
| Lunch | (absence of 4 hours or more
including the period between 12 noon and 2.00 pm) | £9.00 |
| Tea | (absence of 4 hours or more
including the period from 3.00 pm to 6.00 pm) | £5.00 |
| Evening | (absence of 4 hours or more
for a period ending after 7.00 pm) | £12.00 |
