Regulation 4 Basic allowanceI1

England and Wales

(1)

An authority shall—

(a)

make a scheme in accordance with these Regulations which shall provide for the payment of an allowance in respect of each year to each member of an authority, and the amount of such an allowance shall be the same for each such member (“basic allowance”); and

(b)

pay basic allowance and any other allowance permitted by these Regulations only in accordance with such a scheme.

F1(1A)

But a fire and rescue authority may not make any provision in such a scheme for the payment of any allowance to a PCC member of the authority.

(1B)

For the purposes of paragraph (1A)—

“fire and rescue authority” means an authority of a description in regulation 3(1)(e);
“PCC member”, in relation to a fire and rescue authority, means a police and crime commissioner who is appointed, in that capacity, as a member of that authority.

(2)

In relation to basic allowance, the scheme shall—

(a)

specify the amount of entitlement by way of basic allowance in respect of any year to which it relates; and

(b)

provide that where the term of office of a member begins or ends otherwise than at the beginning or end of a year, his entitlement shall be to payment of such part of the basic allowance as bears to the whole the same proportion as the number of days during which his term of office as member subsists bears to the number of days in that year.

(3)

The scheme may specify that where a member is suspended or partially suspended^f1 from his responsibilities or duties as a member of an authority in accordance with Part III of the Local Government Act 2000 or regulations made under that Part, the part of basic allowance payable to him in respect of the period for which he is suspended or partially suspended may be withheld by the authority.

Annotations

Textual amendments

F1: Reg. 4(1A)(1B) inserted (18.3.2020) by The Combined Fire and Rescue Authorities (Membership and Allowances) (Amendment) Regulations 2020 (S.I. 2020/168), regs. 1, 22

Commencement

I1: Reg. 4 in force at 1.5.2003, see reg. 1(1)

Footnotes

f1: See section 83(7) to (10) of the Local Government Act 2000.