City of Westminster

3. Background

3.1 There is a requirement for Local Authorities, who so wish, to adopt a Members' Allowance Scheme on an annual basis, with effect from 1 April in each year.

3.2 The General Purposes Committee have previously considered the Independent Panel's findings and recommendations. The Panel's most recent report updated the original recommendations, which are broadly the same as those in the original report. These were fully considered in the scheme approved last year.

Members' Allowances

3.3 The current Members' Allowances Scheme was adopted by the Council on 21 March 2007. When considering a new scheme, or amending an existing scheme, Local Authorities must have regard to the report of the London Councils' Independent Panel on the Remuneration of Councillors and relevant guidance from the Secretary of State. The Committee and the Council gave consideration to both of these when agreeing last year's scheme and these documents are available as background papers to this report.

Basic Allowance

3.4 The basic allowance payable to all Members is currently £10,000 pa. It is proposed that this should increase to £10,250 per annum, per member. This payment continues to be broadly in line with the level recommended by the Independent Panel and is intended to cover the costs associated with all travel within the Greater London area and for any Carers costs, which the Independent Panel have recommended should not be the subject of separate claims.

Special Responsibility Allowance (SRA)

3.5 (i) Most Special Responsibility Allowances were increased generally in line with the recommendations of the Independent Panel. It is proposed that, with the exception of the SRA payable to the Chairman of the Standards Committee that these all be increased in line with inflation and this is reflected in the rates set out in Appendix B.

(ii) As outlined in paragraph 1.4 from 1 April the Standards Committee must be chaired by a Independent Member. It is considered that the duties for the Independent Member in this capacity are likely to be more akin to those of a Committee Vice-Chairman and therefore a SRA of £2,000 is proposed.

Travel and Subsistence Allowance

3.6 The Council's scheme goes slightly further than the Panel's recommendations and only allows for travel claims for approved duties outside of the Greater London area (not just intra-borough) in view of the significant increase in Basic Allowances agreed last year. No change to this part of the scheme is proposed.

Co-opted Members' Allowances

3.7 The City Council does not currently pay any allowances, except for travel, to Co-opted Members on the Children and Young People O&S Committee and on the Standards Committee. In accordance with the Independent Panel's recommendation these payments were commenced to Co-opted Members, upon request, of £100 per meeting up to a maximum of £500 per annum. No change is proposed.

4. Legal Implications

4.1 In addition to those set out elsewhere in the report, there is a requirement that Councils, who wish to have such a Members Allowance Scheme must make a scheme for the following year, commencing on 1 April each year. Schemes can be amended at any time but new schemes can be introduced only from the start of each year. Recommendation 2.1 in this report, if adopted, will meet the requirement to adopt a scheme for the year commencing on 1 April 2008. The approval of the full Council is necessary to any amendments to existing schemes or the adoption of new schemes.

4.2 Regulations relating to Members Allowances require the publication more widely of the report of the Independent Remuneration Panel, the scheme of allowances and details of the total sums paid to each Member under each category of allowance in each year. The statutory guidance in respect of publicity requirements suggests that details of allowances paid are made available on the Council's website together with information on the responsibilities of elected Members and the duties and time commitment which the basic allowance is intended to remunerate. The Committee have previously agreed to this.

5. Financial Implications

5.1 There are no new financial implications arising from this report.

APPENDIX A

MEMBERS' ALLOWANCES SCHEME FROM 1 APRIL 2008 TO 31 MARCH 2009

1. This Scheme is made under, and in accordance with, the provisions of the Local Authorities (Members' Allowances) (England) Regulations 2003.

2. The rates of allowances specified will apply until the Scheme is amended or replaced, in which event the revised rates of allowances will be paid from the date from which the amendment takes effect.

3. Subject to the relevant form being completed at the appropriate time, entitlement to allowances under the Scheme commences on the date upon which a Member is elected to the Council or is elected or appointed to an office qualifying for special responsibility. The entitlement ceases on the date upon which a Member ceases to hold a qualifying office or ceases to be a Member of the Council. An apportionment of the relevant allowances will be made in the same proportion as the number of days that the Member held Office or was a Member, bears to the number of days in the relevant year.

4. Any Member may by notice in writing to the Director of Legal and Administrative Services elect to forego for any period any part of an entitlement to an allowance under the Scheme which will take effect from the date upon which the notice is received by the Director of Legal and

Administrative Services.

5. Allowances will be paid by equal monthly instalments on the 20th day of each month. The £1,000 lump sum Basic Allowance for Members to purchase ICT equipment paid on 20 June 2006 (or subsequently to any Member elected at a by-election) is due to be paid again to all Members elected in May 2010.

6. Except where so authorised by the Director of Legal and Administrative Services any claim for travel and subsistence allowances must be made within two months of the date of the duty to which the claim relates.

Basic Allowance

7. A Basic Allowance of £10,250 pa from 1 April 2008 will be paid to every Member of the Council who formally elects to receive it.

Special Responsibility Allowance

8. Payments of Special Responsibility Allowances will be made to Members of the Council who hold special offices unless they formally elect not to receive them. Attached as Annex A is a list of the Special Responsibility Allowances payable from 1 April 2008.

Conferences

9. Councillors are entitled to have their Conference fees met and to receive payments at the approved rates for travel and subsistence in respect of the attendance approved by the appropriate Cabinet Member, Committee or the Director of Legal and Administrative Services at conferences held outside the City to discuss matters relevant to the discharge of the Council's functions.

Travel Expenses

10. Members and Co-opted Members are entitled to claim payment of Travel Allowances where expenditure has necessarily been incurred to enable them to attend an approved duty, defined as set out in Annex C at the rates of allowance set out in Annex B only when travelling outside the Greater London area. Members of Education Admissions and Exclusions Appeal Committees are entitled to claim travel allowances for attendance at meetings relating to their co-option at the rates set out in Annex B.

Subsistence

11. Subsistence may be claimed only for accommodation or meals at conferences (approved in accordance with paragraph (i) of Annex C where such costs are not included in the conference fee, subject to the maximum allowance referred to in Annex B.

Annual Increase

12. Basic allowances and Special Responsibility Allowances shall, subject to approval of the new scheme, be increased with effect from 1 April each year at the percentage rate of the retail price index used in preparation of the City Council's budget.

Payments whilst under Suspension

13. Payments of allowances, basic and special responsibility, shall not be paid to a Member who is suspended or if partially suspended that element of special responsibility allowance which may be payable in respect of an office held by the Member to which the partial suspension relates.

Pensions

14. No Members of the Council shall be entitled to membership of the Local Government Pension Scheme in accordance with Section 7 of the Superannuation Act 1972.

Publication

15. This scheme will be published as required by legislation. At the end of each financial year the City Council is required by legislation to publish the sums paid to Councillors under the Scheme.

ANNEX A AMENDMENT TO MEMBERS ALLOWANCE SCHEME - SPECIAL RESPONSIBILITY ALLOWANCES WITH EFFECT FROM 1 APRIL 2008

Panel Members of the Licensing Sub-Committees, Members of the Planning and City Development Committee and the Planning Applications Sub-Committees receive an SRA at a special rate of £1,275 (x24 - £30,600). This separate SRA is not payable to the Chairmen of these bodies.

* SRA only payable if Chairman is not a Member of the Cabinet.

Council Members of Adoption and Fostering Panels £2,000 each x2 = £4,000

NOTE REGARDING SPECIAL RESPONSIBILITY ALLOWANCES PAYABLE IN RESPECT OF THE STANDARDS COMMITTEE

The Special Responsibility Allowance proposed to be payable to the Independent Chairman of the Standards Committee shall become payable from their appointment. Until such appointment has been made the existing Special Responsibility Allowance to the Chairman will continue to be paid on a pro rata basis.

The Independent Members on the Standards Committee, other than the Chairman, shall be entitled to claim a Special Responsibility Allowance of £100 per meeting up to a maximum of £500 per annum.

ANNEX B

TRAVEL AND SUBSISTENCE ALLOWANCES: (OUTSIDE THE GREATER LONDON AREA)

ANNEX C

LIST OF APPROVED DUTIES FOR TRAVEL AND SUBSISTENCE ALLOWANCE:

The following are the categories of duties which qualify for payment of travel and subsistence allowance, where such expenditure has been incurred (although separate payments will only be reimbursed for travel outside the Greater London area).:

(b) Attendance as the Council's representative at a meeting of any joint authority or Committee of local authorities or of any Committee or Sub-Committee of the body of which the Council is a constituent member.

(c) Attendance as the Council's representative at meetings of any association of authorities or Committee or Sub-Committee of the association of which the Councillor is a member.

(d) Attendance at duties which qualify for attendance allowance as single member duties as specified in the Regulations, currently:

Meetings to determine the attendance of individual pupils at special schools.

Rota and other visits to inspect establishments on behalf of the Cabinet Member for Children's Services and Adult Social Services.

(e) Attendance at any other meeting convened by the Council, the Cabinet, a Committee or Sub-Committee to discuss matters relevant to the discharge of the Council's functions and to which Members of more than one Party Group have been invited.

(f) Attendance at any meeting, which is an induction training session, seminar, presentation, or briefing arranged by Chief Officers of the City Council for all Members of a Committee, Sub-Committee or Panel to discuss matters relevant to the discharge of the Council's functions and to which Members of more than one Party Group have been invited.

(g) Attendance as the Council's representative in connection with the discharge of the Council's functions at meetings of outside bodies (excluding local authority maintained schools), their Committees and Sub-Committees. The Director of Legal and Administrative Services maintains a list of such representatives and has delegated powers to add and remove bodies to this category to reflect formal appointments made by the City Council.

(i) Attendance approved by the appropriate Committee or by the Director of Legal and Administrative Services, in accordance with his delegation at conferences convened by other authorities and organisations to discuss matters relevant to the discharge of the Council's functions.

(j) Attendance by the Leader of the Council, Cabinet Members, Deputy Cabinet Members, Leader of the Opposition, and Chief Whips on matters concerning the discharge of the Council's functions.

(k) Attendance by Cabinet Members, Chairmen and Vice-Chairmen of Committees and Sub-Committees concerning the discharge of functions relevant to the work of their portfolio or their Committees or Sub-Committees, including Chairman's Call-over meetings and site visits.

(m) Attendance as the Council's appointee or nominee at any meeting. (This excludes party group meetings but includes single member duties where one member has been appointed, appearing as a Council witness at a Planning Inquiry or court proceedings or member-level working groups appointed by a Committee and representation on any outside body which is not eligible for attendance allowance).

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Committees\General Purposes\Reports\2008\Rpt Re Members Allowance Scheme 08 09 - 26 Feb 2008

General Purposes Committee Report