The Local Governance (Scotland) Act 2004 (Remuneration) Regulations 2007

JurisdictionScotland
CitationSSI 2007/183

2007 No. 183

LOCAL GOVERNMENT

The Local Governance (Scotland) Act 2004 (Remuneration) Regulations 2007

Made 6th March 2007

Laid before the Scottish Parliament 7th March 2007

Coming into force 2nd May 2007

The Scottish Ministers, in exercise of the powers conferred by section 18 of the Local Government and Housing Act 19891and sections 11 and 16(2) of the Local Governance (Scotland) Act 20042and of all other powers enabling them in that behalf, after consideration of the information, advice and recommendations given to them by the Scottish Local Authorities Remuneration Committee in accordance with the requirements of section 11(4) of the Local Governance (Scotland) Act 2004, hereby make the following Regulations:

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Local Governance (Scotland) Act 2004 (Remuneration) Regulations 2007 and shall come into force on 2nd May 2007.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations–

the 1973 Act” means the Local Government (Scotland) Act 19733;

the 1994 Act” means the Local Government etc. (Scotland) Act 19944;

the 1995 Regulations” means the Local Authorities Etc. (Allowances) (Scotland) Regulations 19955;

the 2004 Act” means the Local Governance (Scotland) Act 2004;

“Band A”, “Band B”, “Band C” and “Band D” refer to the banding of local authorities in accordance with regulation 5 and the Schedule;

“Civic Head” means the depute convener of a local authority elected in terms of section 4(2) of the 1994 Act or such other councillor as that local authority decides has the title of Civic Head for the purposes of payment of remuneration;

“councillor” means, in relation to a local authority, an elected member of that authority;

“Councillor”, for the purposes of payment of remuneration, means a councillor who is not the Leader of the Council, the Civic Head or a Senior Councillor;

“joint board” means a body corporate, constituted for the purposes of a combination of local authorities (within the meaning of these Regulations) under the 1973 Act or by or under any other enactment, consisting exclusively of persons appointed by those local authorities, and including a joint fire and rescue board constituted by a scheme made under section 2(1) of the Fire (Scotland) Act 20056;

“Leader of the Council” means the convener of a local authority elected in terms of section 4(1) of the 1994 Act or such other councillor as that local authority decides has the title of Leader of the Council for the purposes of payment of remuneration;

“local authority” means a council constituted under section 2 of the 1994 Act;

“ordinary election” means an ordinary election of councillors for local government areas in Scotland held after 2nd May 2007 in accordance with section 5 of the 1994 Act7;

“Senior Councillor” means, for the purpose of payment of remuneration, a councillor who is designated as such by the local authority of which that person is an elected member;

“year” means, for the purposes of these Regulations, any period of 12 months from 1st April and “yearly” is construed accordingly.

S-3 New remuneration arrangements for councillors

New remuneration arrangements for councillors

3.—(1) Regulations 4 to 11 apply in relation to payment of remuneration by each local authority to its councillors who are elected at–

(a)

(a) an ordinary election, or

(b)

(b) an election to fill a casual vacancy in the office of councillor in accordance with section 37 of the 1973 Act (filling of casual vacancies)8, that is held after 2nd May 2007.

(2) No local authority shall make any payments to its councillors by way of remuneration (as opposed to allowances, for reimbursement of expenses or by way of pension), except where that is provided for by paragraph (4) or regulations 4 to 11.

(3) Any councillor may renounce the receipt of any remuneration payable in terms of these Regulations, in whole or in part, in which case the remuneration is not payable by the local authority.

(4) A local authority shall pay contributions or other payments as required of an employing authority under the Local Government Pension Scheme (Scotland) Regulations 19989in respect of those of its councillors that elect to become councillor members of the pension scheme established under those Regulations.

(5) Where any period for which remuneration is payable under these Regulations is less than a year, the remuneration so payable for that period shall be a proportionate part of the yearly rate.

(6) Where there is a provision for a local authority to pay remuneration, that remuneration shall be payable either calendar monthly or every four weeks, as the local authority determines.

S-4 Grading of councillors for remuneration arrangements

Grading of councillors for remuneration arrangements

4.—(1) There are 4 grades of councillor in each local authority for the purposes of payment of remuneration to councillors, being–

(a)

(a) the Leader of the Council;

(b)

(b) the Civic Head;

(c)

(c) Senior Councillors; and

(d)

(d) Councillors.

(2) The Leader of the Council and the Civic Head cannot be the same person, for the purposes of payment of remuneration.

S-5 Banding of local authorities for remuneration arrangements

Banding of local authorities for remuneration arrangements

5. For the purposes of payment of remuneration to councillors, each local authority shall be banded within Band A, Band B, Band C or Band D, as set out in the Schedule to these Regulations.

S-6 Remuneration of the Leader of the Council

Remuneration of the Leader of the Council

6.—(1) Each local authority shall pay remuneration to one Leader of the Council of the authority of an amount as provided for in paragraph (2).

(2) Such amount shall be the following total yearly amount, depending on the banding of a local authority:

(a)

(a) Band A – £25,754;

(b)

(b) Band B – £30,905;

(c)

(c) Band C – £36,055; or

(d)

(d) Band D – £46,357.

(3) No local authority shall pay its Leader of the Council any amount of remuneration as a Senior Councillor or a Councillor.

S-7 Remuneration of the Civic Head

Remuneration of the Civic Head

7.—(1) Each local authority may pay remuneration to one Civic Head of the authority of an amount as provided for in paragraph (2).

(2) Such amount shall be the following total yearly amount, depending on the banding of a local authority:

(a)

(a) Band A – £19,316;

(b)

(b) Band B – £23,179;

(c)

(c) Band C – £27,041; or

(d)

(d) Band D – £34, 768.

(3) No local authority shall pay its Civic Head any amount of remuneration as a Senior Councillor or a Councillor.

S-8 Remuneration and number of Senior Councillors

Remuneration and number of Senior Councillors

8.—(1) Each local authority shall pay remuneration to Senior Councillors of the authority, the number of which shall be determined by each local authority, but which shall not exceed the maximum number as provided for in paragraph (2).

(2) That number is–

(a)

(a) 8, for each of Clackmannanshire Council and Midlothian Council;

(b)

(b) 9, for each other local authority in Band A;

(c)

(c) 10, for West Dunbartonshire Council;

(d)

(d) 11, for East Dunbartonshire Council;

(e)

(e) 13, for each of Angus Council and Dundee City Council;

(f)

(f) 14, for each other local authority in Band B;

(g)

(g) 19, for each local authority in Band C; and

(h)

(h) 24, for each local authority in Band D.

S-9 Amount of remuneration of Senior Councillors

Amount of remuneration of Senior Councillors

9.—(1) Each local authority shall pay remuneration to each of its Senior Councillors of an amount to be determined by the local authority, but which shall for each Senior Councillor be more than the amount payable to a Councillor in terms of regulation 10.

(2) Subject to paragraph (4), each local authority may pay remuneration of the same or different amounts to each Senior Councillor (in any combination of the same or different amounts), but up to a maximum yearly amount for each as provided in paragraph (3).

(3) The maximum yearly amount that may be paid to a Senior Councillor is 75 per cent of the total yearly amount payable to the Leader of the Council of the local authority as provided in regulation 6.

(4) The total yearly amount payable by each local authority for remuneration of all of its Senior Councillors shall not exceed an amount calculated as follows–

where

A is the yearly remuneration of a Leader of the Council of the local authority as provided in regulation 6;

B is the yearly remuneration of a Councillor as provided in regulation 10; and

C is the maximum number of Senior Councillors of the local authority to which remuneration may be paid, as provided in regulation 8(2).

(5) No local authority shall pay its Senior Councillors any amount of remuneration as a Councillor.

S-10 Councillors

Councillors

10. Each local authority shall pay remuneration to each of its Councillors of a total yearly amount of £15,452.

S-11 Remuneration of certain other councillors

Remuneration of certain other councillors

11.—(1) This regulation applies only to those councillors for each of Fife Council and Dumfries and Galloway Council, who are appointed as–

(a)

(a) convener, or

(b)

(b) vice-convener,

of a committee of that Council with responsibility for the discharge of the functions of that Council as either police or fire and rescue authority, or who have (in place of any such Council committee) been nominated as a councillor with responsibilities for either of those functions (or both).

(2) Where either of those Councils has two committees with responsibility for the discharge of those functions mentioned in paragraph (1), that Council shall pay remuneration to not more than one convener and one vice-convener of each committee.

(3) Where either of those Councils has one committee with responsibility for the discharge of both the functions mentioned in paragraph (1), that Council shall pay remuneration to not more than one convener and one vice-convener of that committee.

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