SOUTH HAMS DISTRICT COUNCIL

MEMBERS’ ALLOWANCES SCHEME

The Council, in exercise of the powers conferred by the Local Authorities (Members' Allowances) (England) Regulations 2003, hereby makes the following scheme:-

This scheme may be cited as the South Hams District Council Scheme of Members' Allowances, and shall have effect from 1 April 2021

1 Basic Allowance

Subject to paragraph 9, for the period 1 April 2021 to 31 March 2022, a Basic Allowance of £5,492 per annum shall be paid to each Councillor. This is intended to recognise the time commitment of Members to Council and constituency duties andcosts relating to the use of the Members’ home, postage, stationery and minor office equipment.

2. Special Responsibility Allowances

(a) For each year a Special Responsibility Allowance shall be paid to those Councillors who hold the special responsibilities in relation to the authority that are specified below:-

Amount

per annum (£)

(i) Leader of the Council 16,476

(ii) Deputy Leader of the Council ) 8,238 each

Chairman of Development Management Committee )

(iii) Other Members of the Executive 5,492 each

(iv) Vice-Chairman of the Development Management 2,746

Committee

(v) Chairman of the Overview &Scrutiny Panel 5,492

(vi) Vice-Chairman of the Overview & Scrutiny Panel 2,746

(vii) Chairman of the Audit Committee 4,119

(viii) Chairman of the Licensing Committee 2,746

(ix) Chairman of Salcombe Harbour Board 2,746

(to be paid from Board finances)

(x) Minority Groups allowance (£10,984) x

31 numberin each group

(xi) Independent Persons 500 each

(b) Allowances for Chairman and Vice-Chairman of Council:-

(i) Chairman of Council 5,492

(ii) Vice Chairman of Council 1,486

(c) Subject to paragraph 9, the amount of each such allowance shall be the amount specified against that special responsibility in sub-paragraph (a) above. Where a Councillor is entitled to more than one Special Responsibility Allowance, only one such Allowance, equivalent to the higher entitlement, shall be paid.

3. Travelling Allowances

Those duties as set out at Schedule 1 will attract the payment of a travelling allowance at the following rates:-

(a) The rate of travel by public transport shall not normally exceed the cheapest fare available, subject to the Senior Specialist – Democratic Services exercising discretion in the case of special visits or where business needs to be transacted on the journey.

(b) The rates of travel by a Member's motor cycle shall be 24 pence per mile.

(d) A supplement of 5 pence per mile for each passenger carried will also be paid.

(e) The actual amount incurred on any tolls, ferries or parking fees, including overnight garaging shall be reimbursed.

(f) The rates of travel by a Member’s bicycle shall be 20 pence per mile.

(g) The rate of travel by taxi-cab shall not exceed:-

(i) in cases of urgency or where no public transport is reasonably available, the amountof the actual fare and any reasonable gratuity paid; and

(ii) in any other case, the amount of the fare for travel by appropriate public transport.

(h) The rate of travel by a hired motor vehicle other than a taxi-cab shall not exceed the rate which would have been applicable hadthe vehicle belonged tothe Member, provided that the rate may be increased at the Senior Specialist – Democratic Services discretion (as in (a) above) to an amount not exceeding the actual cost of hiring.

(i) Where travel by air is the only effective means of travel or produces sufficient savings in time and / or other allowances, the rate shall not exceed the cheapest fare available.

In addition, Co-opted Members on the Salcombe Harbour Board and the

Independent Persons are entitled to claim their travel expenses.

4. Subsistence Allowances

(a) Subsistence allowances may be claimed to meet the costs of meals, refreshments, accommodation etc, in connection with the performance of anapproved duty as specified at Schedule 1. The rates shall not exceed:-

(i) in the case of an absence, not involving an absence overnight, from the usual place of residence:-

A. of more than 4 hours, £5.00 for breakfast;

B. of more than 4 hours, £5.00 for lunch;

C. of more than 4 hours, including the period 3.00 pm to 6.00 pm,

£2.94 for tea;

D of more than 4 hours, ending after 7.00 pm, £5.00 for an evening meal;

provided that, for meetings such as Council, Committee or other Council body meetings, meals or refreshments may be provided by the Council, including onoccasions where the absence from the residence may not exceed 4 hours.

Where such meals are provided or paid for separately by the Council, the appropriate subsistence allowance shall not be paid to a Member, unless the Member has specifically indicated that he or she is unable or does not wish to take the meal provided by the Council, or otherwise where other unforeseen commitments prohibit the taking of the meal.

(ii) in the case of an absence overnight from the usual place of residence, £79.82, or, for such an absence overnight in London or an annual conference of the Local Government Association or such other association of bodies as the Secretary of State may designate,£91.04.

(b) The actual reasonable costs of meals taken on trains may be reimbursed. (This would replace the subsistence allowance for the appropriate meal period).

5 Dependants’ Carers’ Allowance

A Councillor may claim a Carers’ allowance in accordance with the provisions specified at Appendix A.

6. Renunciation

A Councillor may by notice in writing given to the Senior Specialist – Democratic Services elect to forego any part of his entitlement to an allowance under this scheme.

7 Part-Year Entitlements

(a) The provisions of this paragraph shall have effect to regulate the entitlements of a Councillor to basic and special responsibility allowances where, in the course of a year, this scheme is amended or that Councillor becomes, or ceases to be,a Councillor, or accepts or relinquishes a special responsibility inrespect of which a special responsibility allowance is payable.

(b) If an amendment to this scheme changes theamount to which a Councillor is entitled by way of a basic allowance or a special responsibility allowance, then in relation to each of the periods:-

(i) beginning with the year and ending with the day before that on which the first amendment in that year takes effect, or

(ii) beginning with the day on which an amendment takes effect and ending with the day before that on which the next amendment takes effect, or (if none) with the year, the entitlement to such an allowance shall be to the payment of such part of the amount of the allowance under this scheme as it has effect during the relevant period as bears to the whole the same proportion as the number of the days in the period bears to the number of days in the year (ie a pro-rata calculation will be made).

(c) Where the term of office of a Councillor begins or ends otherwise than at the beginning or end of a year, the entitlement of that Councillor to a basic allowance shall be to the payment to 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 subsists bears to the number of days in that year.

(d) Where this scheme is amended as mentioned in sub-paragraph (b), and the term of office of a period Councillor does not subsist throughout the period mentioned in sub-paragraph (b)(i), the entitlement of any such Councillor to a basic allowance shall be to the payment of such part of the basic allowance referable to each such period (ascertained inaccordance with that sub-paragraph) as bears to the whole the same proportion as the number of days during which his term of office as a Councillor subsists bears to the number of days in that period.

(e) Where a Councillor has during part of, but not throughout, a year such special responsibilities as entitle him or her to a Special Responsibility Allowance, that Councillor's entitlement shall be to payment of such part of that allowance as bears to the whole the same proportion as the number of days during which he has such special responsibilities bears to the number of days in that year.

(f) Where a Councillor has been appointed on a temporary basis to a position which attracts a special responsibility allowance, that Councillor's entitlement shall, following a 3 month period in that position, be to payment of such part of that allowance as bears to the whole the same proportion as the number of days during which he has such special responsibilities bears to the number of days in that year. Payment to the Councillor previously entitled to the special responsibility allowance shall, at the same point, cease.

(g) Where this scheme is amended as mentioned in sub-paragraph (b), and a Councillor has during part, but does not have throughout the whole, or any period mentioned in sub-paragraph (b)(i) of that paragraph any such special responsibilities as entitle him or her to a special responsibility allowance, that Councillor's entitlement shall be to payment of such part of the allowance referable to each such period (ascertained in accordance with that sub-paragraph) as bears to the whole the same proportion as the number of days in that period during which he or she has such special responsibilities bears to the number of days in that period.

8. Claims and Payments

(a) No payment will be made of any travel and subsistence claim received by Democratic Services more than three months after the meeting for which the claim is made, unless authorised by the Senior Specialist – Democratic Services in exceptional circumstances. Members are encouraged to submit a claim every month with any such claims being accompanied by receipts.

(b) Payments shall be made on a monthly basis along with payments for the basic and any special responsibility allowances. Such payments will be made direct to the bank or building society account of the Member’s choice.

(c) Where a payment under this scheme in respect of a basic allowance or a special responsibility allowance would result in the Councillor receiving more than the amount to which, by virtue of paragraph 8, he or she is entitled, the payment shall be restricted to such amount as will ensure that nomore is paid than the amount to which he or she is entitled.

9. Suspension

If a Member is suspended or partially suspended from his responsibilities or duties as member of an authority in accordance with Part III of the Local Government Act 2000 or regulations made under that Part, the proportion of the basic allowance, any special responsibility allowance and travelling and subsistence allowance payable to him/her in respect of the period for which he is suspended or partially suspended may be withheld by the authority.

SCHEDULE 1

APPROVED DUTIES

There is specified as an approved duty for the purpose of the payment of travelling and subsistence allowances, attendance at:-

(a) meetings of the Council, its Committees, the Executive and Overview & Scrutiny Panel, subject, in each case of attendance atany bodies of which a Councillor is not a Member, to the prior invitation of the relevant Chairman;

(b) meetings of other bodies to which the authority makes appointments, or of any committee or sub-committee of such a body;

(c) any other meeting the holding of which is authorised by the authority, or a committee, group of the authority, or a joint committee of the authority and one or more other authorities, or a sub-committee ofsuch a joint committee, provided that:-

(i) where the authority is divided into two or more political groups, it is a meeting towhich members of at least two such groups have been invited, or

(ii) if the authority is not so divided, it is a meeting to which the authority is a member;

(d) the following types of meetings, provided that where the authority is divided into two or more political groups, Members ofat least two such groups have been invited:-

(i) briefing and other meetings relating to activities of the Council or matters affecting the District;

(ii) meetings relating to future change in local government;

(e) the opening of tenders in accordance with Standing Orders by the relevant nominated Members;

(f) a meeting of any association of authorities of which the authority is a member.

(g) a meeting of any town or parish council within their electoral ward, and of which they are not already a member.

In addition, Members mayclaim travelling and subsistence allowances for meetings or events not otherwise provided for in this scheme when asked in writing to attend by a member of the Senior Management Team, when such attendance is in the interests of the Council or in pursuance of its policies.

Duties excluded by these provisions are those in respect of which the Member receives remuneration otherwise than under this scheme.

For further information, please contact:-

Anna Gribble Darryl White

Democratic Services Senior Specialist – Democratic Services

e-mail: Anna.Gribble@swdevon.gov.uk email: Darryl.White@swdevon.gov.uk

Tel: (01803) 861113 Tel: (01803) 861247