The Local Government (Politically Restricted Posts) (No. 2) Regulations 1990

• Citation: S.I. 1990/1447
• Sections: 3

Section 1

(1) These Regulations may be cited as the Local Government (Politically Restricted Posts) (No. 2) Regulations 1990 and shall come into force on 8th August 1990.

(2) In these Regulations —

“ the Act ” means the Local Government and Housing Act 1989;

“the National Joint Council” means the National Joint Council for Local Authorities' Administrative, Professional, Technical and Clerical Services;

“the Scottish Council” means the Scottish Council for Local Authorities' Administrative, Professional, Technical and Clerical Services;

“the National Joint Council’s Scheme” means the National Joint Council’s Scheme of Conditions of Service;

“the Scottish Council’s Scheme” means the Scottish Council’s Scheme of Salaries and Conditions of Service; and

“scheme terms” means the terms and conditions of appointment or employment specified, as respects posts in England and Wales, in the National Joint Council’s Scheme and, as respects posts in Scotland, in the Scottish Council’s Scheme.

Section 2

(1) Subject to paragraphs (2) and (3), the amount for the purposes of section 2(2) of the Act is (so long as it is higher than £19,500) such amount as is published from time to time—

(a) as respects full-time posts under a local authority in England or Wales, by the National Joint Council; or

(b) as respects full-time posts under a local authority in Scotland, by the Scottish Council,

as the amount assigned to spinal column point 44 of the salary scales for local government officers incorporated in the National Joint Council’s Scheme or, as the case may be, the Scottish Council’s Scheme.

(2) In the case of a post in respect of which an officer is appointed or employed on scheme terms and is entitled to an allowance of any of the descriptions specified in paragraph (4) (“the relevant allowance”), the amount for the purposes of section2(2) of the Act is (so long as it is higher than £19,500) an amount equal to the aggregate of —

(a) the appropriate published amount referred to in paragraph (1); and

(b) such amount as is published from time to time —

(i) as respects England or Wales, by the National Joint Council; or

(ii) as respects Scotland, by the Scottish Council,

as the amount of the relevant allowance.

(3) In the case of a post in respect of which —

(a) an officer is not appointed or employed on scheme terms; and

(b) he would, if appointed or employed on such terms, be entitled to the relevant allowance,

the amount for the purposes of section 2(2) of the Act is (so long as it is higher than £19,500) an amount equal to the aggregate of the appropriate published amount referred to in paragraph (1) and the appropriate published amount referred to in paragraph (2)(b) to which the officer would be entitled if he were appointed or employed on scheme terms.

(4) The descriptions of allowance specified in this paragraph are—

(a) Inner London Allowance;

(b) Outer London Allowance;

(c) Inner Fringe Area Allowance; and

(d) OuterFringe Area Allowance,

as described in the National Joint Council’s Scheme, and

(e) Distant Islands Allowance,

as described in the Scottish Council’s Scheme.

Section 3

The Local Government (Politically Restricted Posts) Regulations 1990 are hereby revoked.