Part 6 - Members' Allowances Scheme

Members' Allowances Scheme

1. Introduction

1.1 This Scheme for the payment of Members' Allowances commenced on 1st April 2000. The scheme was reviewed by an Independent Remuneration Panel in March 2003, October 2003 and May 2005 and subsequently amended by Council in April 2003, November 2003, July 2005 and February 2007.

1.2 Under the Scheme the following allowances are payable:

Basic Allowance (see Note 1 below)

Individual Members Basic allowance

Special Allowances

Leader of the Council Basic allowance x 2 + 25%

Deputy Leader }

Group Leader of Principal Opposition Group } Basic allowance x 2

Portfolio Holders Basic allowance + 95%

Group Leaders of other Groups Basic allowance + 15% for each councillor in their group, up to a maximum of twice the Basic allowance

Chairs of Audit, Overview, Scrutiny, }

Development Control & } Basic allowance

Environmental Protection; } + 66.67%

Licensing and Safety; }

Standards Committee Chair who is also }

elected member of the authority }

Mayoral Allowance Basic allowance x 2 + 20% (Excluding the costs of predictable Civic Functions)

Deputy Mayor’s Allowance Basic allowance + 55%

Independent Members of Standards Committee 10% of Basic allowance

Independent Member of Standards Committee

appointed Chair of that Committee 66.67% of Basic Allowance

Persons co-opted to Council Committees who 10% of Basic allowance (pro rata for

are not Councillors or officers periods of less than a year).

Allowances are subject to a maximum of the higher single allowance to which an individual member is entitled by virtue of their role and duties.

Note 1: The Basic allowance to be set at £6,000 per annum from May 2003, with increases in the intervening years before the next Independent Panel is commissioned, to be at the rate applied each year to Council officers’ salaries.

Revised rates apply from the date of Annual Council each year.

1.3 In addition travelling and subsistence allowances may be claimed whilst on Council business in relation to the carrying out of an approved duty.

1.4 Members are also able to draw supplies of paper from the Council, together with up to
4 Black & White and 4 Colour ink cartridges per year for those in receipt of the Basic Allowance, or 6 Black & White and 6 Colour cartridges for those in receipt of a Special Allowance.

2. Basic & Special Allowances

2.1 Basic and special allowances are paid automatically each month to every Member unless an individual Member wishes to make an alternative mutually acceptable arrangement with the Head of Finance

2.2 Members' allowances are subject to tax and in certain circumstances Members may also be liable for national insurance contributions in respect of their allowances. Payment of allowances may also affect social security payments from the Department of Health and Social Security.

2.3 Certain tax allowances can be claimed by Members to offset their tax liability.

2.4  The question of income tax etc. liability is a matter for Members to resolve direct with the Inland Revenue and/or other agencies involved.

2.5 All Member are eligible to apply to have their Basic Allowance and any Special Allowances to which they are entitled pensionable, in accordance with the Local Government Pension Scheme.

3. Travelling Allowance

3.1 A Member is entitled to claim reimbursement of travel whilst on Council business in relation to the carrying out of an approved duty at the same rates, and under the same conditions as Council officers

3.2  The rates are adjusted as and when rates for Council officers are adjusted.

3.3  The Deputy Mayor is entitled to claim travelling allowances when he or she is representing the Mayor and if the Mayor’s official car is not available for that function.

4. Subsistence Allowance

4.1 A Member is entitled to claim reimbursement for subsistence whilst on Council business in relation to the carrying out of an approved duty at the same rates, and under the same conditions as Council officers.

4.2 The rates are adjusted as and when rates for Council officers are adjusted..

4.3  Members should pay the appropriate charge for all meals taken, however where a meal is provided free of charge by any authority, body or organisation etc. during the period to which the allowance refers then any allowance claimed should be reduced appropriately.

4.4  The Deputy Mayor is entitled to claim reimbursement for subsistence when he or she is representing the Mayor.

5. Council Business (Approved Duties) - Travelling and Subsistence Allowance Purposes

5.1 The following duties shall be regarded as approved duties for the payment of Travelling and Subsistence Allowances:

(a) Attendance at meetings of the Council, the Cabinet or any Committees, Boards or
Sub-Committees of which they are Members or the attendance at any conference for which specific approval has been given for a Member or Members to attend;

NOTE: Attendance at meetings of the Cabinet, Committees, Boards or Sub-Committees to which the particular Member has not been appointed is not usually an approved duty.

(b) That, in addition to the matters mentioned in (a) above, the following matters be approved for the purpose of Members' entitlement to receive payment of the appropriate allowances:  

(i) Attendance at Working Parties, seminars, conferences or meetings or on tours or visits provided that such activities have been arranged by the Council, the Cabinet or any Committees or Sub-Committees.

(ii) Attendance as a member of a deputation appointed by the Council, the Cabinet or a Committee or Sub-Committee to a Government Department or to a local or statutory authority.

(iii) Attendance at ad-hoc meetings convened between Members and or officers of other local authorities in Shropshire.

(iv) Attendance at opening ceremonies in respect of new or improved Council provided facilities.

(v) Attendance at Liaison meetings between Members and other officers of this Council and Outside Bodies.

(vi) Attendance at meetings of the following:

Any Association of Local Authorities (including any body to which Members are appointed on the nomination of one of such Associations, if no other arrangements exist for the payment of allowances to the Members of that body)

(vii) Any meetings of the outside bodies to which members are appointed each year at Annual Council excluding:

(i) Charitable organisations

(ii) Mayoral appointments

(iii) Governing bodies of schools

(viii) Attendance at seminars, training sessions, etc authorised by the Personnel Officer

(c) The Leader of the Council is empowered to approve a duty for Members' allowances purposes provided that, if it is a continuing matter, it is reported to the following ordinary meeting of that Committee.

6. Allowances while suspended from Council duties

6.1  In the event that a Councillor is alleged to have failed to comply with a relevant code of conduct an investigation may be convened under the Local Authorities (Code of Conduct)(Local Determination Regulations 2003 or the Local Government Act 2000. If an investigation concludes that the allegation is substantiated, the sanctions available to the local Standards Committee are censure, restriction of access to the authority's premises, partial or full suspension for up to three months. Higher–level panels and tribunals have authority to impose greater sanctions.

6.2  The following withholding of payment will apply if a member is suspended from his duties:

(a)  If a Councillor is censured but not suspended from any duties there will be no consequential effect on his or her allowances.

(b)  While a Councillor is suspended from all of his or her duties or disqualified, all Council allowances will be withheld.

(c)  While a Councillor is suspended from a particular duty to which he has been appointed (for example as Portfolio Holder or Chairman of a Committee) but not from all Council duties any allowance attaching to that particular duty will be withheld.

(d)  If a Councillor is restricted from access to the Authority's premises and/or from use of the Authority's resources, whilst still undertaking most of the functions and duties of a member of the Council, his or her Basic Allowance will be reduced by a minimum of 10% and a maximum of 50% at the discretion of the Standards Committee. 

(e)  In each case the period during which allowances are withheld will be the same as the period of suspension.

(f)  If a Councillor undertakes training or conciliation during suspension (as for example provided by the Local Authorities (Code of Conduct)(Local Determination) Regulations 2003 paragraphs 7(3)(iv) and (vi) ) the appropriate authority may wish to consider reimbursing travel or subsistence expenses reasonably incurred in accordance with normal rates for such allowances, notwithstanding that other allowances are withheld.

6.3  If the Adjudication Panel for England suspends a Councillor pending investigation of an alleged offence then relevant allowances will be withheld during the period of suspension.

6.4  In the event that a decision to suspend a Councillor is communicated to Council Officials after the Allowances for all or part of the period of suspension have been paid, the sum overpaid will be recovered from sums due when the period of suspension is over. If that proves impossible, or if the period of suspension is extensive, the Council will request repayment forthwith and may, if that approach is unsuccessful, take other appropriate action to recover the sum overpaid.

7.  Pro rata payments for part years

7.1  No Councillor will be paid for periods when he or she is not undertaking the relevant duties. Pro rata payments will be made for part years.

7.2  Payment of an allowance will cease on the day the relevant responsibility ceases, whether that is following resignation, misconduct, failure to be re-elected, change in political leadership of the Council or any other cause.

8. Operation of the Council's Scheme

8.1 A Member may elect, by notice in writing to the Head of Finance, to forego any part of his/her entitlement to an allowance under the Scheme.

8.2 Members should submit claims for travelling and subsistence within three months of entitlement to the Head of Finance.

8.3 All claims for travel and subsistence must be made on the approved claim forms.

8.4 Basic & Special Responsibility allowances will be paid automatically each month. Claims for travelling and subsistence allowances should be submitted to the Head of Finance by the 12th of each month so that reimbursement can be included in that month's payment.

8.5 Any changes to Members' bank or building society details should be advised, in writing by the 12th of the month, to the Head of Finance.

8.6  Members will be provided with copies of claim forms on a routine basis. Additional claim forms are available from the Financial Services (Mr. Allsop, telephone 281082).

8.7  A Member may apply, by writing to the Head of Finance, to have their Basic Allowance and any Special Allowances to which they are entitled pensionable, in accordance with the Local Government Pension Scheme.

8.8  If a Member requires any assistance or further information he/she should please contact Mr Allsop.