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MEMBERS' SCHEME OF ALLOWANCES
Introduction
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Section 107 of the Criminal Justice and Police Act 2001 deregulates the payment of allowances to police authority members, independent lay members of standards committees and members of independent member selection panels.
The legislative provisions (as paraphrased below) determine that:
- Police Authorities may pay allowances to their chairman, vice-chairman and other members, and payments may differ according to whether the recipient is the chairman, vice-chairman, or other member, or is appointed under paragraph 2, 5 or 8 of Schedule 2 to the Police Act 1996;
- allowances schemes must be published annually and each time they are revised;
- when making or revising allowances schemes, Police Authorities must have regard to any guidance issued by the Secretary of state;
- the secretary of state reserves the power to impose limits on allowances payments, by regulations;
- Police authorities may also make payments to members of Standards Committees.
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The payment of expenses to Police Authority Members, Independent Lay Members of Standards Committees and Members of Independent Member Selection panels has now been deregulated and is governed by a local scheme.
The scheme is set out in paragraphs 11 – 13 below.
Definitions
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In this scheme:
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'Member' means
- A councillor, magistrate or independent member of the Authority appointed by virtue of Section 4 and schedules 2 and 3 of the Police Act 1996.
- An independent lay member of the Standards Committee of the Authority appointed by virtue of Section 53(4)(b) of the Local Government Act 2000.
- A member of the Independent Member Selection panel for the Authority appointed by virtue of Section 4 and paragraph 1(2) of Schedule 3 of the Police Act 1996, except that any references in this scheme to the Authority shall mean only the Independent Member Selection Panel.
- 'financial year' means the twelve months ending with 31 March.
Approved Duties
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Duties qualifying for payment of attendance allowance, travel time, mileage and subsistence.
Attendance at:
- Meetings of Full Authority
- Meetings of any Committee, Sub-committee or panel of the Authority where the claimant is a member of that body.
- Meetings of any working party or group or other meeting either authorised by the authority or where the claimant has been appointed to that body by the Authority, excluding local policing forums.
- Meetings of outside bodies where the claimant has been appointed by the Authority.
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Local policing forums where the claimant:
- Is the Chairman or Vice Chairman of the forum, or
- Resides in the district covered by the forum
- Is the Chairman or Vice Chairman of the Authority
- Conference and training events
- Briefing meetings held by a Divisional Commander for all members residing in the division
- Activities relating to the Members Special Interest Scheme, subject to the overall limit of 30 hour per year including related conferences and training events
- Pre-arranged meetings with the approval or at the invitation of either the Clerk or the Treasurer, for the purpose of, or in connection with the discharge of the Authority's functions, excluding activities relating to the Members Special Interest Scheme
- Activities relating to the appointment of a member by the Authority as a champion of a specific matter
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Duties qualifying for the payment of mileage and subsistence only
Attendance at:
- the official opening or launch of any new police building or asset or equipment.
- Award ceremonies and presentations where the claimant is invited by the Force or Authority
- Voluntary attendance at meetings or a body where the claimant is not a member of that body or not appointed as such by the Authority, for the purpose of, or in connection with the discharge of the Authority's functions
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Activities excluded from the scheme
Attendance at:
- any activity not for the purpose of, or in connection with the discharge of the authority's functions
- Member surgeries and political activities
- Attendance at social functions, other than award ceremonies and presentations where the claimant is invited by the Force
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All other claims are payable only in respect of an 'Approved Duty'.
Approval by the Police Authority or any of its Committees or Sub-Committees of any duty, other than those listed above, should normally precede performance of the duty.
Where is not possible or appropriate, or in cases of urgency, the Clerk to the Authority may, after consultation with the Chairman or Vice chairman of the Authority, designate an activity as Approved Duty.
Conference Allowances
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Where attendance at a national or regional seminar, training or meeting is declared an approved duty for attendance allowance, this scheme of members allowances does not apply if the duty is convened by more than one Police Authority or by the APA.
In such cases, Section 175 of the Local Government and Housing Act 1972 applies and the Office of the Deputy Prime Minister rate of £30.39 can be claimed for any 24 hour period.
Payment of Members' allowances
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Members may claim allowances as follows:
- Attendance allowance - £20 for each complete hour spent on Approved duties up to a maximum of £160 per day
- Carers allowance – an additional £6 for each complete hour for which the member has engaged a carer to look after a dependent due to the members absence on an Approved Duty
Subject to an overall limit of £7,500 in any one financial year, except the Chairman of the Authority who may claim up to £11,250 and the Vice Chairman of the Authority who may claim up to £9,500.
Payment of Travel and Subsistence
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Hotel Accommodation
Hotel accommodation should be booked by the authority secretariat. The costs will either be:
- Paid directly by the Authority to the hotel
- Reimbursed to the member for actual receipted expenditure
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Subsistence
Actual receipted reasonable expenditure on meals and refreshments will be reimbursed to the Member.
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Travel
| Rail |
First class, normally to be booked and paid for directly by the Authority Secretariat.
Members are requested to provide details to the Secretariat of any discount or concessionary entitlement available to them.
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| Taxi |
Actual receipted reasonable expenditure will be reimbursed.
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| Motor Vehicle |
Payable at Inland Revenue approved rates
(Currently for all car sizes
up to 10,000 miles a year 40p/mile
over 10,000 miles a year 25p/mile)
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| Bicycle |
Payable at Inland Revenue approved rates
(Currently 20p/mile)
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| Motor Cycle |
Payable at Inland Revenue approved rates
(Currently 24p/mile)
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Claims for the payment of Allowances and Expenses
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A claim for payment of allowances and expenses under this scheme shall be made in writing on the prescribed form within two months of the date of the meeting or other approved duty in respect of which the entitlement arises.
No more than one allowances claim may be submitted in respect of any one activity, apart from the payment of carers allowance.
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