The West Yorkshire Passenger Transport Authority in exercise of the powers conferred by the Local Authorities (Members' Allowances) (England) Regulations 2003 ("the Regulations"), hereby makes the following scheme:
1. This scheme may be cited as the West Yorkshire Passenger Transport Authority Members' Allowances Scheme, and shall have effect from the 1 April 2008. It shall replace all earlier Schemes and shall continue in force, as amended from time to time, until revoked in accordance with paragraph 11 hereof.
2. In this scheme
- "councillor" means a member of the West Yorkshire Passenger Transport Authority ("the Authority") who is a councillor;
- "percentage increase" means the national increase in pay awarded to the West Yorkshire Passenger Transport Executive’s staff for the previous year by the National JNC for PTE Staff.
- "year" means the 12 months ending with 31 March.
- "annual meeting" means the Authority’s annual meeting held each year.
BASIC ALLOWANCE
3. Subject to paragraph 8, for each year a basic allowance shall be paid to each councillor of £4,746.
SPECIAL RESPONSIBILITY ALLOWANCES
4. (1) Subject to paragraph 8 for each year a special responsibility allowance shall be paid to those councillors who hold the special responsibilities in relation to the Authority which are specified in Schedule 1 to this scheme.
(2) Subject to sub paragraph (1) and to paragraph 8, the amount of each such allowance shall be the amount specified in Schedule 1.
PENSION PROVISION
5. Under the Local Government Pension Scheme and Discretionary Compensation (Local Authority Members in England) Regulations 2003 it is not permissible to provide pensions based on the allowances paid to Members of Joint Authorities. Thus all allowances in this scheme have been increased to also reflect an employers percentage contribution towards the provision of a pension. Members are advised under this scheme to make their own arrangements for a personal pension utilising a proportion of their allowances.
TRAVELLING AND SUBSISTENCE ALLOWANCES
6. A councillor may re-claim any costs he or she incurs in accordance with paragraph 9 below provided they are within the limits specified in Schedule 3.
RENUNCIATION
7. A councillor may by notice in writing given to the Chief Financial Officer elect to forego all or any part of his/her entitlement to an allowance under this scheme.
PART-YEAR ENTITLEMENTS
8. (1) The provision 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 in respect of which a special responsibility allowance is payable.
(2) If an amendment to this scheme changes the amount 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:-
(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,
(3) 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 days in the period bears to the number of days in the year.
(4) 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 or her term of office subsists bears to the number of days in that year.
(5) Where this scheme is amended as mentioned in sub-paragraph (2), and the term of office of a councillor does not subsist throughout the whole, or any 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 which his or her term of office as a councillor subsists bears to the number of days in that period.
(6) 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 or she had such special responsibilities bears to the number of days in that year.
(7) Where this scheme is amended as mentioned in sub-paragraph (2), and a councillor 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 to 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.
CLAIMS AND PAYMENTS
9. (1) A claim for travelling and subsistence allowances under this scheme shall be made in writing within three months of the date of the duty in respect of which the entitlement to the allowance arises.
(2) A claim for all allowances under this scheme or any allowance under any other provisions shall include, or be accompanied by, a statement signed by the claimant that he or she has:-
a. Incurred the actual expenditure shown on the claim and has not made and will not make any other claim either to this or any other organisation in respect of the matter to which his or her claim relates, subject;
b. In the case of travelling expenses to the amount being in line with the Authority’s policy to reimburse the lower of standard class bus or rail fares or the appropriate car allowance rates and;
c. In the case of subsistence expenses that the amount does not exceed the maximum allowance authorised by the Authority in Schedule 3 of the scheme.
10. (1) Subject to any external timing constraints, payments shall be made
(a) in respect of basic and special responsibility allowances, subject to sub-paragraph (2), in instalments of one-twelfth of the amount specified in this scheme on the last Thursday of each month.
(b) in respect of travelling and subsistence allowances, on the last Thursday in each month for all fully completed claims received by the end of the previous week.
(c) in respect of any emeregency reimbursement of a large expense claim suitable arrangements will be made where specially requested by the Member concerned.
(2) Where a payment of one-twelfth of the amount specified in this scheme in respect of 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 no more is paid than the amount to which he or she is entitled.
AMENDMENT OR REVOCATION OF SCHEME
11. (1) It is intended that all rates of allowances paid under this scheme shall be increased from the 1 April each year by the amount of any percentage increases which have been approved for staff in the previous year.
(2) Subject to the Regulations the Authority before the 1 April each year shall determine a scheme to be implemented from that 1 April. At the same meeting or any other meeting they may amend the current scheme which may only be revoked from the beginning of a year.
SUSPENSION OR WITHDRAWAL OF ALLOWANCES
12. In accordance with Parts 2 and 3 of the Local Authorities (Members’ Allowances) (England) Regulations 2003 the Standards Committee shall receive a report in relation to any Member who is suspended from acting as a councillor or a Member of the Authority and shall have the power to suspend, withdraw or require reimbursement of any allowances, in whole or in part, relating to any such period of suspension.
DUPLICATION OF ALLOWANCES
13. No councillor may receive allowances from more than one authority in respect of the same duties.
Revised: 1 April 2008
