The Local Authorities (Allowances for Members of Fire Authorities) (Wales) Regulations 2004

• Citation: S.I. 2004/2555 (W.)
• Sections: 20

Section 1 Name, commencement and application

(1) The name of these Regulations is the Local Authorities (Allowances for Members of Fire Authorities) (Wales) Regulations 2004 and they shall come into force on 29 September 2004.

(2) These regulations apply in relation to fire authorities in Wales only.

Section 2 Interpretation

In these Regulations —

“ 1972 Act ” (“ Deddf 1972 ”) means the Local Government Act 1972 ;

“ 1989 Act ” (“ Deddf 1989 ”) means the Local Government and Housing Act 1989;

“ 2000 Act ” (“ Deddf 2000 ”) means the Local Government Act 2000;

“ 2002 Regulations ” (“ Rheoliadau 2002 ”) means the Local Authorities (Allowances for Members of County and County Borough Councils and National Park Authorities) (Wales) Regulations 2002 ;

“approved duty” (“ dyletswydd a gymeradwywyd ”) means —

attendance at a meeting of the fire authority or of any committee of the fire authority or of any body to which the fire authority makes appointments or nominations or of any committee of such a body;

attendance at a meeting of any association of which the fire authority is a member;

attendance at any other meeting the holding of which is authorised by the fire authority or by a committee of the fire authority or by a joint committee of the fire authority and one or more other fire authorities or any county or county borough council or National Park authority;

a duty undertaken in pursuance of a standing order which requires a member or members to be present when tender documents are opened;

a duty undertaken in connection with the discharge of any function of the fire authority which empowers or requires the fire authority to inspect or authorise the inspection of premises;

attendance at any training or developmental event approved by the fire authority; and

any other duty approved by the fire authority, or any other duty of a class so approved, undertaken for the purpose of, or in connection with, the discharge of the functions of the fire authority or of any of its committees;

“chairperson” (“ cadeirydd ”) means a member elected by a fire authority as the chairperson of that fire authority;

“committee” (“ pwyllgor ”) includes a sub-committee;

“constituent authority” (“ awdurdod cyfansoddol ”) means a county council or county borough council falling within the area of a fire authority;

“fire authority” (“ awdurdod tân ”) means —

a fire authority constituted by a combination scheme under the Fire Services Act 1947 ; and

a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 ;

“fire authority allowance” (“ lwfans awdurdod tân ”) means a basic allowance payable by a fire authority under section 18(1)(a) of the 1989 Act;

“fire authority chairperson’s allowance” (“ lwfans cadeirydd awdurdod tân ”) means a special responsibility allowance payable by a fire authority under section 18(1)(c) of the 1989 Act;

“fire authority vice-chairperson’s allowance” (“ lwfans is-gadeirydd awdurdod tân ”) means a special responsibility allowance payable by a fire authority under section 18(1)(c) of the1989 Act;

“member” (“ aelod ”) means, except in respect of paragraph (b) of the definition of “approved duty” (“ dyletswydd a gymeradwywyd ”) and paragraph (2) of regulation 15, a member of a fire authority appointed as such by a constituent authority;

“proper officer” (“ swyddog priodol ”) shall be construed in accordance with section 270(3) of the 1972 Act;

“vice-chairperson” (“ is-gadeirydd ”) means a member elected by a fire authority as the vice-chairperson of that authority; and

“year” (“ blwyddyn ”) means —

the period beginning on the date of the coming into force of these Regulations and ending 31 March 2005; and

any period of 12 months ending on 31 March in any year after 2005.

Section 3 Prescribed relevant authorities

Fire authorities are prescribed as relevant authorities for the purposes of section 100(1)(b) and (d) of the 2000 Act.

Section 4 Interpretation

For the purpose of these Regulations the term of office of a member shall be regarded as beginning on the date on which that member is appointed as such by a constituent authority and the term of office of a chairperson or vice-chairperson of a fire authority shall be regarded as beginning on the date on which that member is elected as such by the fire authority.

Section 5 Allowance schemes

(1) A fire authority shall —

(a) make a scheme in accordance with these Regulations in respect of each year for the payment of allowances described in this Part; and

(b) pay such allowances in accordance with such a scheme.

(2) When a scheme is to be revoked in accordance with regulation 6, the fire authority shall before the revocation takes effect make a further scheme for the period beginning with the date on which the revocation takes effect.

Section 6 Amendment of schemes

(1) A scheme made under this Part may be amended or revoked at any time.

(2) Subject to paragraph (3), a scheme made under this Part may make provision, in respect of the year ending 31 March 2006 and subsequent years, for an annual adjustment of allowances.

(3) An annual adjustment to be made by a fire authority shall —

(a) in the case of fire authority allowance, not exceed the amount which equals the average of all (if any) annual adjustments made by its constituent authorities to basic allowance payable by those authorities in that year under the 2002 Regulations; and

(b) in the case of fire authority chairperson’s allowance and fire authority vice-chairperson’s allowance, not exceed the amount which equals the average of all (if any) annual adjustments made by its constituent authorities to special responsibility allowance payable by those authorities in that year under the 2002 Regulations.

(4) Where an amendment is to be made to a scheme which affects an allowance payable for the year in which the amendment is made, the scheme may provide for the entitlement to such allowance as amended to apply with effect from the beginning of the year in which the amendment is made.

(5) Where a scheme does not provide for the entitlement to an allowance as amended to apply with effect from the beginning of a year as described in paragraph (4) —

(a) the amendment shall be effective from the date of amendment; and

(b) entitlement to such allowance as amended shall be to payment of such proportion of that allowance as the number of days on which that allowance has effect during that year bears to the number of days in that year.

Section 7 Fire authority allowances

(1) A scheme made under this Part shall provide for the payment for each year to which the scheme relates of a fire authority allowance to each member of the fire authority and the amount of such allowance shall be the same for each member.

(2) For the purposes of the year beginning on the date of the coming into force of these Regulations and ending on 31 March 2005, the amount of fire authority allowance payable to each member under the scheme shall not exceed £505.

(3) Subject to paragraphs (2), (3)(a), (4) and (5) of regulation 6, the amount of fire authority allowance payable to each member under the scheme for the year ending 31 March 2006 shall not exceed £1,002.

(4) For the purposes of years commencing on or after 1 April 2006, the amount of fire authority allowance payable to each member under the scheme shall (subject to paragraphs (2), (3)(a), (4) and (5) of regulation 6) not exceed the amount of that allowance payable in the previous year.

(5) The scheme shall provide that where the term of office of a member comprises part only of a year, the entitlement of that member shall be to payment of such proportion of the fire authority allowance as the number of days on which that office is held during that year bears to the number of days in that year.

(6) The scheme shall specify that where a member is suspended or partially suspended from that member’s responsibilities or duties as member in accordance with Part III of the 2000 Act or regulations made under that Part , the part of fire authority allowance payable to that member in respect of the period for which that member is suspended or partially suspended shall be withheld by the fire authority.

(7) A scheme made under this Part shall provide that no more than one fire authority allowance shall be payable to a member.

Section 8 Fire authority chairperson’s allowances and vice-chairperson’s allowances

(1) A scheme made under this Part shall provide for the payment for each year to which the scheme relates of a fire authority chairperson’s allowance and a fire authority vice-chairperson’s allowance.

(2) For the purposes of the year beginning on the date of the coming into force of these Regulations and ending on 31 March 2005, the amount of —

(a) a fire authority chairperson’s allowance payable to a chairperson under the scheme shall not exceed £4,591; and

(b) a fire authority vice-chairperson’s allowance payable to a vice-chairperson under the scheme shall not exceed £3,529.

(3) Subject to paragraphs (2), (3)(b), (4) and (5) of regulation 6, the amount of —

(a) fire authority chairperson’s allowance payable to a chairperson under the scheme for the year ending 31 March 2006 shall not exceed £9,108; and

(b) fire authority vice-chairperson’s allowance payable to a vice-chairperson under the scheme for the year ending 31 March 2006 shall not exceed £7,000.

(4) For the purposes of years commencing on or after 1 April 2006, the amount of —

(a) fire authority chairperson’s allowance payable to a chairperson under the scheme shall (subject to paragraphs (2), (3)(b), (4) and (5) of regulation 6) not exceed the amount of that allowance payable in the previous year; and

(b) fire authority vice-chairperson’s allowance payable to a vice-chairperson under the scheme shall (subject to paragraphs (2), (3)(b), (4) and (5) of regulation 6) not exceed the amount of that allowance payable in the previous year.

(5) The scheme shall provide that where the term of office of a member as chairperson (or vice-chairperson) comprises part only of a year, the entitlement of that member shall be to payment of such proportion of the fire authority chairperson’s allowance (or fire authority vice-chairperson’s allowance) as the number of days on which that office is held during the year bears to the number of days in that year.

(6) The scheme shall specify that where a member is suspended or partially suspended from that member’s responsibilities or duties as chairperson or vice-chairperson in accordance with Part III of the 2000 Act or regulations made under that Part, the part of fire authority chairperson’s allowance or fire authority vice-chairperson’s allowance payable to that member in respect of the period for which that member is suspended or partially suspended shall be withheld by the fire authority.

Section 9 Amount of allowances

A scheme under Part 2 shall specify in respect of any year to which it relates —

(a) the amount of the fire authority allowance; and

(b) the amount of the fire authority chairperson’s allowance and the fire authority vice-chairperson’s allowance.

Section 10 Recovery of allowances

A scheme may provide that where payment of an allowance under Part 2 of these Regulations has already been made in respect of any period during which the member concerned —

(a) is suspended or partially suspended from that member’s responsibilities or duties as a member, chairperson or vice-chairperson in accordance with Part III of the 2000 Act or regulations made under that Part;

(b) ceases to be a member of the fire authority; or

(c) is in any way not entitled to receive the allowance in respect of that period,

the fire authority may require that such part of the allowance as relates to any such period be repaid to the authority (and such repayment may include the withholding by the fire authority of a future instalment of the relevant allowance, in part or in whole, from the member).

Section 11 Forgoing of allowance

A scheme under Part 2 shall provide that a member may, by notice in writing given to the proper officer of the fire authority, elect to forgo the whole or any part of that member’s entitlement to an allowance under the scheme.

Section 12 Claims and payments

A scheme under Part 2 may provide for payments of allowances to be made at such times as may be specified in it, and different times may be specified for different allowances.

Section 13 Care allowances

(1) Subject to paragraph (2), a fire authority may provide for the payment to a member of an allowance (“care allowance”) in respect of such expenses of arranging for the care of children or dependants as are necessarily incurred in the carrying out of that member’s duties as a member.

(2) In making provision under paragraph (1) a fire authority shall not provide for the payment of —

(a) a care allowance to a member who is entitled to receive a fire authority chairperson’s allowance or a fire authority vice-chairperson’s allowance of an amount which exceeds the amount from time to time specified in writing by the National Assembly for Wales;

(b) a care allowance in respect of any child over the age of fifteen years or dependant unless the member satisfies the fire authority that the child or dependant required supervision which has caused the member to incur expenses that were necessary in respect of the care of that child or dependant in the carrying out of that member’s duties as a member;

(c) a care allowance to more than one member in relation to the care of the same child or dependant; or

(d) more than one care allowance to any member who is unable to demonstrate to the reasonable satisfaction of the authority that the member has to make separate arrangements for the care of different children or dependants.

(3) For the purposes of the year beginning on the date of the coming into force of these Regulations and ending on 31 March 2005 —

(a) the amount of care allowance payable to a chairperson shall not exceed £678;

(b) the amount of care allowance payable to a vice-chairperson shall not exceed £529; and

(c) the amount of care allowance payable to a member shall not exceed £185.

(4) Subject to regulation 14, the amount of care allowance payable —

(a) for the year ending 31 March 2006 to a chairperson shall not exceed £1,344;

(b) for the year ending 31 March 2006 to a vice-chairperson shall not exceed £1,050; and

(c) for the year ending 31 March 2006 to a member shall not exceed £366.

(5) For the purposes of years commencing on or after 1 April 2006, the amount of care allowance payable to a chairperson, vice-chairperson or member shall (subject to regulation 14) not exceed the amount of that allowance payable to that office in the previous year.

(6) Where the term of office of a chairperson, vice-chairperson or member comprises part only of a year, the entitlement of that chairperson, vice-chairperson or member shall be to payment of such proportion of the care allowance payable to that office as the number of days on which that office is held during the year bears to the number of days in that year.

(7) Where a member is suspended or partially suspended from that member’s responsibilities or duties as chairperson, vice-chairperson or member in accordance with Part III of the 2000 Act or regulations made under that Part, care allowance payable to that office in respect of the period for which that chairperson, vice-chairperson or member is suspended or partially suspended shall be withheld by the fire authority.

Section 14 Care allowances

(1) Subject to paragraph (2), a fire authority may provide in respect of the year ending 31 March 2006 and subsequent years, for an annual adjustment of care allowance.

(2) An annual adjustment of care allowance payable to a chairperson, vice-chairperson or member to be made by a fire authority shall not exceed the amount which equals the average of all (if any) annual adjustments made by its constituent authorities to care allowance payable by those authorities in that year under the 2002 Regulations.

(3) Where an adjustment to the amount of care allowance is to be made by a fire authority, that authority may provide for the entitlement to that allowance as adjusted to apply with effect from the beginning of the year in which the adjustment is made.

(4) Where a fire authority does not provide for the entitlement to care allowance as adjusted to apply with effect from the beginning of a year as described in paragraph (3) —

(a) the adjustment shall be effective from the date of adjustment; and

(b) entitlement to that care allowance as adjusted shall be to payment of such proportion of that allowance as the number of days on which that allowance has effect during the year bears to the number of days in that year.

Section 15 Travel and subsistence allowances

(1) Subject to paragraph (2), a member shall be entitled to receive payments by way of travel allowance or subsistence allowance at rates determined for each year by the fire authority where expenditure on travel or subsistence is necessarily incurred by that member in the performance of an approved duty as a member.

(2) The rates of allowance determined for a year under paragraph (1) for travel by means of a private motor vehicle shall not exceed the rates of the equivalent allowances payable for that year to members of the National Assembly for Wales.

(3) Any claim for payment of travel and subsistence allowances under this Part (excluding claims for travel by means of a private motor vehicle) shall be accompanied by appropriate receipts proving actual expenditure and shall additionally comply with any requirement or limitation that an authority may determine.

(4) Where a member is suspended or partially suspended from that member’s responsibilities or duties as a member in accordance with Part III of the 2000 Act or regulations made under that Part, travel or subsistence allowance payable to that member in respect of the period for which that member is suspended or partially suspended shall be withheld by the fire authority.

Section 16 Recovery of allowances

A fire authority may provide that where payment of an allowance under this Part has already been made in respect of any period during which the member concerned —

(a) is suspended or partially suspended from that member’s responsibilities or duties as a member, chairperson or vice-chairperson in accordance with Part III of the 2000 Act or regulations made under that Part;

(b) ceases to be a member of the fire authority; or

(c) is in any way not entitled to receive the allowance in respect of that period,

the fire authority may require that such part of the allowance as relates to any such period be repaid to the authority (and such repayment may include the withholding by the fire authority of a future instalment of the relevant allowance, in whole or in part, from the member).

Section 17 Payment and avoidance of duplication

(1) Any payment of allowances to a member under these Regulations shall be paid by the fire authority of which the member is a member.

(2) A claim for a payment by way of care allowance, travel allowance or subsistence allowance shall include, or be accompanied by, a statement signed by the member that the member has not made and will not make any other claim in respect of the matter to which the claim relates from the fire authority or any other person.

Section 18 Records of allowances

(1) Every fire authority shall keep a record of the payments made by it in accordance with these Regulations or any scheme made pursuant to them.

(2) Such record shall specify the name of the recipient and the amount and nature of each payment and shall be kept available, at all reasonable times, for inspection (free of charge) by any local government elector (within the meaning of section 270(1) of the 1972 Act) for a constituent authority;

(3) A person who is entitled to inspect a record under paragraph (2) may take a copy of any part of it upon payment of such reasonable fee as may be required by the fire authority.

Section 19 Publicity

(1) Every fire authority shall, as soon as practicable after the making or amendment of any scheme made pursuant to these Regulations, make arrangements for its publication within the fire authority’s area.

(2) As soon as practicable after the end of each year to which a scheme relates, every fire authority shall make arrangements for the publication within the fire authority’s area of the total sum paid by it in that year under the scheme to each member in respect of each of the following, namely, fire authority allowance, fire authority chairperson’s allowance and fire authority vice-chairperson’s allowance.

(3) As soon as practicable after the end of each year, every fire authority shall make arrangements for the publication within the fire authority’s area of the total sum paid by it in that year to each member in respect of care allowance.

Section 20 Disapplication

Sections 174 and 175 of the 1972 Act shall be disapplied as respects fire authorities.