Agenda item

The Full Council considered report LDS/163 of the Chair of the Independent Remuneration Panel (IRP) which detailed the findings of the IRP and its independent recommendations regarding the Councillors’ Allowances Scheme for 2021/22 and 2022/23.

 

The item had been previously considered at the Governance Committee on 26 January 2021. Councillor Burrett moved the recommendation which was seconded by Councillor Lunnon.

 

Following the conclusion of the debate, the Mayor invited the Democratic Services Manager to commence the voting process. Before the vote commenced, it was confirmed that none of the Labour or Conservative Members requested to vote as an individual, rather than through their respective Group block vote.

 

For the recommendation: Labour block vote of 15 votes, Conservative block vote of 17 votes, and Councillors Fiveash and Sudan. (34)

 

Against the recommendation: None (0)

 

Abstentions: (0)

 

The Mayor declared the recommendation was carried – votes in favour 34, and votes against 0 with 0 abstentions.

 

 

RESOLVED

 

That the Full Council approves:

 

a)          That the allowances for the Mayor and Deputy Mayor remain set at the current rate (namely £11,548 for the Mayor and £1,800 for the Deputy Mayor respectively) until such time as a further report of the Independent Remuneration Panel is brought back for consideration to the Full Council on the matter.

 

b)          The Councillors’ Allowances Scheme for 2021/22 and 2022/23 including Schedules 1 and 2, as detailed below:

 

 

 

COUNCILLORS’ ALLOWANCES SCHEME 2021/2022 to 2022/2023

(From 1 April 2021 to 31 March 2023)

 

1.              This Scheme may be cited as the Crawley Borough Council Councillors’ Allowances Scheme and shall have effect from 1 April 2021 to 31 March 2023.

 

 

2.              In this Scheme:

 

“Councillor” means a Member of the Crawley Borough Council who is a Councillor.

 

“Total estimated allowances” means the aggregate of the amounts estimated by the Head of Corporate Finance, at the time when a payment of basic allowance or special responsibility allowance is made, to be payable under this Scheme in relation to the relevant year, and for this purpose any election under paragraph 9 shall be disregarded.

 

“Year” means the 12 months ending with 31 March.

 

 

3.              BASIC ALLOWANCE

 

Subject to paragraph 10, for each year the basic allowance specified in Schedule 1 to this Schemeshall be paid to each Councillor.

 

 

4.              SPECIAL RESPONSIBILITY ALLOWANCES

 

(1)   For each year a special responsibility allowance shall be paid to those Councillors and Co-opted Members who hold the special responsibilities in relation to the authority that are specified in Schedule 1 to this Scheme.

 

(2)   Subject to paragraph 10, the amount of each such allowance shall be the amount specified against that special responsibility in that Schedule.

 

 

5.              TRAVELLING AND SUBSISTENCE ALLOWANCES

 

(1)   Travelling and subsistence allowances shall be paid to Councillors and Co-opted Members in the following circumstances:

(a)     The attendance at a meeting of the authority or of any Committee or Sub-Committee of the authority, or of any other body to which the authority makes appointments or nominations, or of any Committee or Sub-Committee of such a body.

(b)     The attendance at any other meeting, the holding of which is authorised by the authority, or a Committee or Sub-Committee of the authority, or a Joint Committee of the authority and at least one other authority within the meaning of Section 270(1) of the Local Government Act 1972, or a Sub-Committee of such a Joint Committee, provided that:

(i)         Where the authority is divided into two or more political groups it is a meeting to which Members of at least two such groups have been invited.

(ii)        If the authority is not so divided, it is a meeting to which at least two Councillors have been invited.

(c)     The attendance at a meeting of any association of authorities of which the authority is a member.

(d)     The attendance at a meeting of the Cabinet or a meeting of any of its Committees, where the authority is operating Cabinet arrangements.

(e)     The performance of any duty in pursuance of any standing order made under Section 135 of the Local Government Act 1972 (requiring a Councillor or Councillors to be present while tender documents are opened).

(f)      The performance of any duty in connection with the discharge of any function of the authority conferred by or under any enactment and empowering or requiring the authority to inspect or authorise the inspection of premises.

(g)     The carrying out of any other duty approved by the authority, or any duty of a class so approved, for the purpose of, or in connection with, the discharge of the functions of the authority or any of its Committees or Sub-Committees.  (The duties approved by the Council for the payment of travelling, subsistence and dependant care allowances under this sub-section are specified in Schedule 2 to this Scheme).

 

(2)   The level of travelling allowances payable to Councillors and Co-opted Members shall be based on that approved by HM Revenue & Customs as currently set out below.  If there are any changes, the figures below will be amended accordingly:

 

	First 10,000 miles	Each mile over 10,000
Cars and vans	45p	25p
Motorcycles	24p	24p
Bicycles	20p	20p

 

In addition, elected Councillors may claim a passenger supplement of 5p per mile for carrying passengers in a car or van who would otherwise be entitled to a travelling allowance.

 

(3)   The level of subsistence allowances payable to Councillors and Co-opted Members shall be the same as those paid to officers.  The figures set out below relate to the allowances paid in 2020/21.  The officer rates will be updated annually on 1 April each year.  If there is an increase the figures below will be increased accordingly.

 

Subsistence Allowances	Rate
Tea (more than four hours absence including the period from 3.00pm to 6.00pm)	£3.53
Evening Meal (more than four hours absence ending after 7.00pm)	£11.03

 

(4)   Overnight Rate

 

Overnight rate should be the actual cost up to a maximum of £86.46 (or £99.51, if in London) subject to the Head of Legal, Democracy and HR being empowered to authorise a higher amount in specific instances where suitable accommodation cannot be found within the limit.

 

 

6.              DEPENDANTS’ CARERS’ ALLOWANCE

 

A Dependants’ Carers’ Allowance of the actual cost up to £8.82 per hour shall be payable to cover the cost of caring for a Councillor’s dependant children or elderly/disabled relatives whilst a Councillor is undertaking an approved duty, provided the carer is not a member of the Councillor’s own household.  In addition, the Dependants’ Carers’ Allowance, at the level prescribed above, shall be payable to cover the cost of a live-in nanny caring for a Councillor’s dependant whilst the Councillor is undertaking an approved duty.  In other circumstances where professional babysitting and care services are used and a minimum period for the service is imposed by the service provider, then the period in respect of which the allowance is payable shall include the whole period for which a Councillor is charged.

 

The Dependants’ Carers’ Allowance shall only be payable in relation to duties described in paragraph 5 (a) to (g) above.

 

If the national living wage is increased to a rate that exceeds the rate of Dependants’ Carers’ Allowance, the Dependants’ Carers’ Allowance shall be amended to remain 10 pence above the national living wage rate.

 

 

7.              LOCAL GOVERNMENT PENSION SCHEME

 

Councillors are no longer entitled to join the Local Government Pension Scheme.

 

 

8.              CO-OPTED MEMBERS

 

Co-opted Members shall only receive travelling and subsistence allowances and any special responsibility allowance which might apply.

 

 

9.              RENUNCIATION

 

A Councillor may by notice in writing given to the Head of Corporate Finance elect to forego any part of their entitlement to an allowance under this Scheme.

 

 

10.           PART-YEAR ENTITLEMENTS

 

(1)        The provisions of this paragraph shall have effect to regulate the entitlements 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 an office holder accepts or relinquishes a special responsibility in respect of which a special responsibility allowance is payable.

 

(2)        If an amendment to this Scheme changes the amount to which a Councillor or an office holder is entitled by way of a basic allowance or a special responsibility allowance, then in relation to each of the periods:

(a)        Beginning with the year and ending with the day before that on which the first amendment in that year takes effect or

(b)        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.

 

(3)        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 their term of office subsists bears to the number of days in that year.

 

(4)        Where this Scheme is amended as mentioned in sub-paragraph (2), and the term of office of a Councillor does not subsist throughout the period mentioned in sub-paragraph (2) (a), 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 in accordance with that sub-paragraph) as bears to the whole the same proportion as the number of days during their term of office as a Councillor subsists bears to the number of days in that period.

 

(5)        Where an office holder has during part of, but not throughout, a year such special responsibilities as entitle them to a special responsibility allowance, that office holder’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.

 

(6)        Where this Scheme is amended as mentioned in sub-paragraph (2), and an office holder has during part, but does not have throughout the whole, or any period mentioned in sub-paragraph (2) (a) of that paragraph any such special responsibilities as entitle them to a special responsibility allowance, that office holder’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 they have such special responsibilities bears to the number of days in that period.

 

 

11.           PAYMENTS

 

Payments by direct bank credit shall be made in respect of basic and special responsibility allowances and pensions in monthly instalments and are usually paid on the 20^th of each month.  However where, for example, the 20^th falls on a weekend, payments will be made on the previous Friday.  Each month’s allowance is calculated on the basis of one twelfth of the annual allowance, and is for the period of that calendar month, and payment for individual days is calculated by dividing the monthly sum by the number of days (including Saturdays and Sundays) in the particular month (subject to paragraph 9 above - renunciations).

SCHEDULE 1

 

The following are specified as the special responsibilities in respect of which special responsibility allowances are payable and the amounts of those allowances:

 

 

Office Holder	Allowance 2021/22 - 2022/23 (£)
Basic allowance (all councillors)	6,617
Leader of the Council	15,885
Cabinet Portfolio Holders	7,942
Chair of Overview and Scrutiny Commission	7,106
Chair of Planning Committee	6,617
Chair of Licensing Committee	5,453
Chair of Governance Committee	2,649
Chair of Audit Committee	2,649
Chair of Budget Advisory Group (must not be a Cabinet Member and payment will be made on completion of the BAG process)	1,262
Payment to the Chair of any Scrutiny Panel (paid on completion of the scrutiny review)	1,262
Leader(s) of minority group(s) (differential rates depending on number of Members in that Group); basic allowance additional payment per group Member	2,448 305
Mayor	11,548
Deputy Mayor	1,800
Independent Person(s) (Standards) *	750

 

 

No Councillor is entitled to more than one special responsibility allowance.  Where a Councillor is eligible for more than one special responsibility allowance, they will be paid the allowance of the higher value.

 

*        The Monitoring Officer, in consultation with the Leader of the Council and all Group Leaders, has been authorised to set the initial allowance and expenses for the Independent Person(s) and to review annually thereafter.

 

 

 

SCHEDULE 2

 

 

The following are approved duties for the payment of travelling, subsistence and dependants’ carers’ allowances in accordance with sub-section 5 (g) of this Scheme:

 

(i)         Attendance at seminars and training courses funded by the Crawley Borough Council, whether held in the Town Hall or elsewhere.

 

(ii)        Attendance at meetings with Council Officers in connection with Crawley Borough Council duties.

 

(iii)       Attendance at meetings with other local authorities, central government or other agencies in connection with Crawley Borough Council duties.

 

(iv)       Attendance at meetings with members of the public in connection with Crawley Borough Council duties.

 

(v)        Attendance at meetings with voluntary organisations or public sector bodies, award ceremonies, or public events in connection with Crawley Borough Council duties.