Public Authorities (Allowances) Act 1961
| Jurisdiction | UK Non-devolved |
Public Authorities (Allowances) Act, 1961
(9 & 10 Eliz. 2) CHAPTER 43
An Act to provide for the amendment of the conditions giving entitlement to payment of certain allowances to members of bodies to which Part VI of the Local Government Act, 1948, applies, and to members of certain bodies constituted under the National Health Service Act, 1946, and the National Health Service (Scotland) Act, 1947, and to payment of travelling allowances to justices of the peace and members of probation and other committees constituted under the Criminal Justice Act, 1948; and for matters connected therewith.
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Amendments as to restrictions on payment of allowances under s. 113 of Local Government Act, 1948.
(1) Paragraph (a of section one hundred and thirteen of the Local Government Act, 1948 (by which a member of the council of a borough, of an urban district or of a rural parish is not entitled to payments under that section by way of travelling allowance or subsistence allowance in respect of the performance of an approved duty within the area of that council) shall cease to apply to a member of the council of a borough (including a metropolitan borough) or of an urban district.
(2) Paragraph (b ) of the said proviso (by which a member of a body other than a council specified in the said paragraph (a ) who is a member of that body as the representative of such a council is not entitled to any such payment under that section in respect of the performance of an approved duty within the area of that council) is hereby repealed.
(3) Paragraph (c ) of the said proviso (by which a member of a body is not entitled to any payment under that section in respect of the performance of any approved duty within the area of that body except in respect of duties performed at a distance of more than three miles from his usual place of residence) shall cease to apply in relation to payments by way of travelling allowance.
(4) The said paragraph (c ) shall have effect in relation to a payment to a member of a body by way of subsistence allowance in respect of the performance of an approved duty outside the area of the body as well as to such a payment in respect of the performance of a duty within that area.
(5) Accordingly, for paragraph (a ) of the proviso to the said subsection (1), there shall be substituted the following paragraph:—
‘(a ) a member of the council of a rural parish shall not be entitled to a payment under this section in respect of the performance of an approved duty within the area of that council;’,
and for paragraph (c ) of that proviso there shall be substituted the following paragraph:—
‘(c ) without prejudice to paragraph (a ) of this proviso, a member of a body shall not be entitled to a payment under this section by way of subsistence allowance in respect of the performance of an approved duty except in respect of a duty performed at a distance of more than three miles from his usual place of residence’.
2 Amendments as to restrictions on payment of allowances under s. 113 of Local Government Act, 1948, as it applies to Scotland.
(1) It shall no longer be a requirement of entitlement to travelling allowance under the said section one hundred and thirteen, as read with subsection (5) of section one hundred and eighteen of the said Act of 1948 (which section as so read provides in Scotland for the payment of travelling and subsistence allowances in respect of the performance of approved duties to members of public bodies subject to certain restrictions),—
(a ) in the case of a member of a town council of a burgh, that the approved duty be performed outside the burgh, or
(b ) in the case of a member of any body, that the said duty, if performed within the area of the body, shall be performed at a distance of more than three miles from his usual place of residence.
(2) It shall no longer be a requirement of entitlement to subsistence allowance in respect of the performance of an approved duty under the said section one hundred and thirteen, read as aforesaid, in the case of a member of a town council of a burgh, that the duty shall have been performed outside the burgh.
(3) The requirement of entitlement to subsistence allowance in respect of the performance of an approved duty as aforesaid by a member of a body that the duty shall have been performed at a distance of more than three miles from his usual place of residence shall obtain whether or not that performance is within the area of that body.
(4) For the purpose of giving effect to the foregoing provisions of this section, for the proviso to subsection (1) of the said section one hundred and thirteen, read as aforesaid, there shall be substituted the following proviso:—
‘Provided that a member of a body shall not be entitled to any payment under this section by way of subsistence allowance in respect of the performance of any approved duty as a member of that body, except in respect of duties performed at a distance of more than three miles from his usual place of residence’.
3 Amendment of definition of ‘approved duty’ in Part VI of Local Government Act, 1948.
(1) In section one hundred and fifteen of the Local Government Act, 1948, paragraph (d ) (by which ‘approved duty’ in relation to a member of a body includes, where, in circumstances therein mentioned, he has been appointed by or on the nomination of a body to which Part VI of that Act applies to be a member of a prescribed other body, the doing of anything as a member of that other body for the purposes therein mentioned) shall cease to be subject to the proviso to that section (by which proviso the said paragraph (d ) is not to apply where the appointee is a member of a committee or sub-committee of the appointing body and is for that reason only deemed by virtue of subsection (2) of section one hundred and eleven of that Act to be for the purposes of that Act a member of the appointing body) and accordingly that proviso and, in the said subsection (2), the words ‘save as otherwise expressly provided’ are hereby repealed.
(2) Performance of the duties of a judge of a burgh court, police court or the court of the bailie of the River and Firth of Clyde by a town councillor of a burgh shall be an approved duty within the meaning of the said section one hundred and fifteen, and accordingly after subsection (6) of the said section one hundred...
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