The Council's Constitution
Part 7 - Scheme for Members' Allowances
BATH AND NORTH EAST SOMERSET SCHEME FOR MEMBERS’
ALLOWANCES
1. This scheme, which may be cited as the Bath
& North East Somerset Members’ Allowances Scheme, was approved
by Bath & North East Somerset Council on 20th November 2003 and
modified on 17th March 2005, in exercise of the powers conferred by
the Local Authorities (Members' Allowances) (England) Regulations
2003 (“the Regulations”).
2. This Scheme replaces all previous Members'
Allowances Schemes.
3. The Allowances mentioned in this scheme
shall (a) be implemented with effect from 17th March 2005 (in the
case of new allowances) with the exception of Member Champion
Allowances which took effect from 1st June 2004 and otherwise shall
have taken effect from the date on which existing allowances were
inflated, (b) be uprated annually in line with the budgeted pay
award for Local Authority staff.
4. Any other amendments to the scheme will be solely
determined by the Council following receipt of recommendations from
the Independent Remuneration Panel.
In this scheme, "Councillor" means a member of the Bath &
North East Somerset Council who is a Councillor; "year" means
the 12 months ending with 31 March; a Bath & North East
Somerset Councillor who is in receipt of a Basic Allowance and/or a
Special Responsibility Allowance under this Scheme and who is under
70 years of age is eligible to join the Local Government Pension
Scheme
PART 1 - ALLOWANCES FOR COUNCILLORS
1. The Head of Financial Services of Bath & North
East Somerset is authorised, on receipt of verification from the
Head of Democratic Services of a claim from a Member, to pay the
following allowances in accordance with the payment arrangements
described in this scheme.
2. Basic Allowance:
Subject to paragraphs 15 and 16, for each year a Basic
Allowance shall be paid to each Councillor. The allowance
will be paid monthly. Schedule 1 to this scheme sets out the
current rate.
3. Basic Allowance shall be eligible for
pensionable purposes.
4. Special Responsibility
Allowances: Subject to paragraphs 15 and 16, for each year a
Special Responsibility Allowance shall be paid to those Councillors
who have been appointed or recognised by the Council or have been
notified to the Chief Executive by their Group as holding the
special responsibilities in relation to the Authority that are
specified in Schedule 1 to this scheme.
5. Subject to paragraphs 15 and 16, the amount of
each such allowance shall be the amount specified against that
special responsibility in Schedule 1. Special Responsibility
Allowances will be paid monthly.
6. Special Responsibility Allowances shall be eligible for
pensionable purposes.
7. No Councillor shall be entitled to more than one
Special Responsibility Allowance for any approved responsibility
under the Council’s Scheme. In the event that a Councillor
holds more than one position for which a Special Responsibility
Allowance is payable then s/he shall be entitled to receive the
higher or highest allowance. For the purpose of this rule,
any allowance paid by an outside or partnership organisation on
which s/he represents the Council, or paid to members of the Avon
Pension Fund Committee, shall not be included in the calculation of
a Member’s entitlement.
8. For each year, a total allowance (specified
in Schedule 1) shall be allocated, in proportion to the number of
council seats occupied by each group, to meet the verified claims
from the 4 political groups represented on the Council in respect
of any special responsibilities undertaken on behalf of the Group.
Any such responsibilities shall be notified to the Head of
Democratic Services along with the value of the allowance to be
paid from within the Group’s total allowance.
9. Attendance Allowance: No
attendance allowance shall be payable under this scheme, either for
Council duties per se, or in respect of appointments to outside
bodies.
10. Renunciation: A Councillor may by notice in
writing given to the Head of Democratic Services elect to forego
any part of her/his entitlement to an allowance under this
scheme.
11. Part-year Entitlements: In accordance with
the requirements of the Regulations, pro-rata payments of Basic
Allowance or Special Responsibility Allowances shall be payable to
eligible Councillors in any of the following circumstances:-
(a) if an amendment to this scheme changes the amount to which a
Councillor is entitled by way of a Basic Allowance or a Special
Responsibility Allowance.
(b) where the term of office of a Councillor begins or ends
otherwise than at the beginning or end of a year.
(c) if a Councillor accepts or relinquishes a special
responsibility.
17. Payment: Payment of Basic and Special
Responsibility Allowances shall be made in equal instalments. The
frequency of those instalments shall be monthly on a current month
basis. The Authority reserves the right to cease payment or recover
any payments which may become recoverable under the provisions of
paragraph 16 above.
18. Travel and Subsistence Allowances:
Travel and subsistence allowances may be claimed by Councillors.
The arrangements for these allowances are included in Part 2 of
this scheme.
19. Dependants' Carers' Allowances:
Councillors may claim up to the maximum hourly rate specified in
Schedule 1 to this scheme in respect of the expenses for the care
of their children or other dependants when attending meetings of
the Council, its subordinate bodies or other approved duty as
described in Schedule 2 to this scheme.
20. Payments will only be made when supported by a
receipt.
PART 2 - TRAVELLING AND SUBSISTENCE
17. This part is in accordance with Sections 174-175 and
Regulations made under the Local Government Act 1972. It applies to
Councillors, Co-opted Members and Members of Education Appeals
Panels.
18. Travelling Allowances: Travelling
allowances may be claimed in respect of each occasion on which one
of the persons described above carries out a duty as described in
Schedule 2 to this Scheme.
19. If a claimant uses their own motor car or one
belonging to a member of her/his family, or otherwise provided for
their use and subject to the claimant having the appropriate
insurance, the rate for travel, which is the same as for officers
using their own vehicles on a casual basis, shall be as stated in
Schedule 1 to this scheme.
20. The distance claimed for mileage should be the
shortest most reasonable journey by road from the point of
departure to the point at which the duty is performed, and
similarly from the duty point to the place of return.
21. A claim for travelling and subsistence (see
below) allowances shall be made in writing at the end of the month
following the month in respect of which the claim relates. Claims
are to be submitted to the Head of Democratic Services by the 5th
day of each month.
22. Subsistence Allowances: Subsistence
allowances may be claimed in respect of each occasion on which a
person described above carries out a duty as specified in Schedule
2 to this Scheme.
23. When carrying out approved duties within the UK,
but only outside of the Bath & North East Somerset area, the
amounts shown in Schedule 2 to this Scheme may be
claimed.
24. In order to claim subsistence allowance a
claimant must have personally incurred expenditure on subsistence.
The above amounts are the same as those which apply to officers and
shall be updated accordingly.
25. Councillors and co-optees may aggregate daily
subsistence allowances and be reimbursed for such expenditure when
supported by receipts.
26. Where a meal is provided or paid for by the
Council during the course of an approved duty the claimant will not
be entitled to claim subsistence allowance.
SCHEDULE 1
SPECIAL RESPONSIBILITY ALLOWANCES AND AMOUNT
1st April 2005 - 31st March 2006
|
Basic Allowance |
6,458 |
|
|
|
|
Incidental cost add-on to Basic Allowance |
550 |
|
Special Responsibility Allowances
Leader of the Council
Deputy Leader of the Council
Council Executive Members
Overview and Scrutiny Panel Chairs
Chair Development Control General Committee
Chair Development Control 'A' Committee
Chair Development Control 'B' Committee
Chairs of Licensing Act 2003 Sub-Committees
*Members/Named Substitutes on Licensing Act 2003
Sub-Committees
Chair Regulatory Access Committee
Chair Avon Pension Fund Committee
Avon Pension Fund Committee Members
Member Champions
Political Group Leader (Main Group within administration)
Political Group Leader (Minority Group within
administration)
Political Group Leader (Minority Group outside
administration)
Groups Allowance(training/additional special responsibility)
Chairman of the Council
Vice-Chair of the Council
|
27,706
22,165
22,165
9,226
3,690
3,690
3,690
3,690
1,843
3,690
3,690
2,461
1,030
9,226
4,613
2,306
6,500
7,382
1,845
|
*Provided meetings take place at a frequency equal to or
greater than once a month.
|
Mileage Allowances
Motor Bike
n/e 150cc
n/e 500cc
exc 500cc
Motor Car
upto 999cc
exceeding 1199cc
Bicycle All |
8.5p per mile
12.3p per mile
16.5p per mile
38.7p per mile
42.0p per mile
40p per mile |
|
Passengers: for both motor cycles and cars, the rate per mile is
increased by 1p for each passenger - to a maximum of 4
passengers. |
|
Subsistence Where absence from normal place of residence is
greater than 4 hours, but only in respect of activities outside of
the Council's boundaries, subsistence claims will be met on the
basis of actual expenditure subject to the following:-The
expenditure is considered reasonable. Receipts are submitted with
the claim
Claimant must be prepared to justify expenditure if asked to
do so |
|
Carers' Allowance |
|
|
Re-imbursement of actual costs incurred up to the following
maxima: |
|
Childcare (Including After School clubs)
Childcare for a child with a disability or special needs
Care for an adult with a Disability or ill health |
Up to £6.00/per hour/per child
Up to £8/per hour/per child
up to £8/hour/person
|
SCHEDULE 2
APPROVED DUTIES
An approved duty is an attendance by a member of the Council
at:
· a formal meeting of
the Council, the Council Executive, an Executive Advisory body, a
Non-Executive, Regulatory or Area Committee or Sub Committee,
an Overview and Scrutiny Panel or in pursuance of their
duties as a Member Champion.
as a member of the body,
as a substitute,
as a ward councillor
as a formally invited witness/speaker or
in any other capacity relevant to their community governance
role.
· any informal
meeting, seminar or briefing called by the Council Executive, an
Executive Councillor, the Chief Executive, a Director or Head of
Service, where the member has received an invitation to attend from
the person calling the meeting.
· a meeting at which
the member is specifically authorised to attend by the Council, the
Council Executive or an Executive Councillor, the Overview and
Scrutiny Management Board or one of its Panels.
· a meeting of an
external or partnership body on which the Council or an Executive
Councillor has appointed the Member to serve, except those bodies
which pay an allowance direct to their members.
· a conference,
seminar or training event to which the member has been appointed to
attend, following budgetary authority from the Democratic Services
Manager.
· any function
attended by the Chair or Vice Chair of the Council relevant to
their roles in those offices.
· attendance at
Political Group meetings held on Council premises, supported by the
Political Group Assistant or Group Support Officer to a maximum of
15 meetings in any one financial year.
