The National Park Authorities (Wales) Order 1995

Local Authorities (Members’ Allowances) Regulations 1991 E+W

5.—(1) The Local Authorities (Members’ Allowances) Regulations 1991 (“the 1991 Regulations") M1 shall apply subject to the following provisions of this paragraph.

(2) Regulation 3 (prescribed bodies) shall have effect as if the reference in paragraph (a) to local authorities included National Park authorities.

(3) Subject to sub-paragraphs (4) to (6), Part II of the 1991 Regulations shall have effect as if—

(a) a National Park authority were an authority to which that Part applies;

(b) subject to sub-paragraph (c), references in that Part to a councillor (including references to a member of an authority who is a councillor) were, in relation to a National Park authority, construed as references to a local authority member or, as the case may be, a Secretary of State member;

(c) in regulation 5(2)(b) the reference to a joint authority included a National Park authority.

(4) Paragraph (1) of Regulation 6 (allowances schemes) shall be construed as requiring a National Park authority as soon as practicable after 23rd November 1995 to make a scheme in accordance with the 1991 Regulations for the payment of allowances in respect of the period up to the 1st April 1996 and for subsequent years.

(5) A scheme made in accordance with sub-paragraph (4) shall have effect from 23rd November 1995.

(6) Paragraph (2) of regulation 10 (attendance allowances) shall have effect as if a scheme made by the council for a principal area were a scheme to which that paragraph applies and as if that paragraph required that such a scheme shall not provide for the payment of an attendance allowance in respect of any duty carried out by a member of such a council in his capacity as that council’s representative on a National Park authority.

(7) Regulation 24 (paying allowances under section 173 or 174 of the 1972 Act) shall have effect as if—

(a) in paragraph (a) the reference to local authorities included National Park authorities; and

(b) in paragraph (b) a National Park authority were a combined body all the members of which are representatives of local authorities.

Marginal Citations

M1 S.I. 1991/351: Relevant amendments were made by S.I. 1995/553 Paragraph 11(1) of Schedule 7 to the 1995 Act provides that a National Park authority shall be deemed to be a relevant authority for the purposes of section 18 of the 1989 Act (basic attendance and special responsibility allowances). Paragraph 11(2) of the said Schedule makes provision for a member of a National Park authority who is appointed by the Secretary of State to be deemed a councillor in relation to that authority in relation to the said section 18 of the 1989 Act.