Hampshire Fire and Rescue Authority

Independent Remuneration Panel Item 5

13 October, 2003

Standards Committee

24 October 2003

Scheme of Allowances for Members of Hampshire Fire and Rescue Authority

Report of the Clerk

Contact: Mr. K. Ridout on 01962 847356.

1. Introduction

1.1. Prior to 1 May 2003, Combined Fire Authorities were only able to pay travel and subsistence allowances and, where appropriate, conference attendance allowances to their Members. They were unable to pay basic or special responsibility allowances. In the case of the HFRA, the two independent, and other Members, can currently claim travelling expenses for attending meetings and other fire related events. Initially, any such claim is made to their relevant Constituent Authority e.g. the County, Portsmouth or Southampton who in turn have the opportunity to seek reimbursement of the costs involved from the Fire Authority. Attendance at Conferences and overnight hotel fees are paid directly by the Fire Authority, who also pay any travel allowances claimed by the two Independent Members.

1.2. In January of this year, the ODPM published draft regulations and draft guidance for consideration, the draft regulations including provision for allowances to be paid to its Members by Combined Fire Authorities (CFA's). These regulations were brought into force on 1 May 2003. Subsequently, new regulations were published making it a requirement for CFA's to have their own Members' Allowance Scheme in place by 31 December 2003. The scheme can be backdated, but not to an earlier date than 1 May 2003.

2. The Position of HFRA's Constituent Authorities

County Council

2.1. The County Council's Members' Allowance Scheme from 1 October 2003 provides in relation to the HFRA a special responsibility allowance of £10,300 to the Chairman of the Fire Authority and allowances of £5,150 and £2,580 respectively to the Liberal Democrat and Labour Minority Party Spokespersons. In each case the allowances are only payable if the office holder is a County Councillor. The County Council will need to discontinue these payments following the introduction of the HRFA's own scheme.

2.2. In accordance with the Regulations, a copy of the recent recommendations of the Independent Remuneration Panel to the County Council regarding their scheme of allowances is attached (Appendix 5).

Portsmouth and Southampton City Councils

2.3. Neither Portsmouth or Southampton City Councils Members' Allowances Schemes provide a special responsibility or Minority Party Spokespersons allowance to any of their representatives on the HFRA.

2.4. A copy of previous recommendations made by both Portsmouth and Southampton Independent Remuneration Panels on their individual schemes are attached. (Appendices 6 and 7).

3. Types of Allowances Payable

3.1. At this stage the Panel and Committee are asked to give consideration to the following for inclusion in the HFRA Members Allowance Scheme:-

(a) Basic Allowance (applicable to each Member of the Authority)

i.e. This is intended to recognise the time devoted by Members to general work as an Authority Member and can be set at a level to include subsistence at meetings/commitments within the Hampshire Fire Authority area.

· amount of entitlement


· whether this allowance is to be withheld (in whole or in part) if Member is suspended or partially suspended.

(b) Special Responsibility Allowance

· identify those Members with Special Responsibilities


· specifying the amount of Special Responsibility Allowance


· whether this allowance is to be held (in whole or in part) if a Member is suspended or partially suspended (during period of suspension only)


· consider a special responsibility allowance for the political spokespersons on the Authority


NB: Where Members are divided into at least two political groups and a special responsibility allowance is given to the controlling group, at least one special responsibility allowance must be given to a Member of a Minority Group.

(c) Co-optees Allowance (applicable to co-opted/independent Members only)

An allowance payable to any co-opted/independent Members.
(Note: The HFRA has 2 independent Members serving on its Standards Committee)

(d) Method of Payment of Allowances

Also, in respect of payments of Basic Allowance, Special Responsibility Allowance and Co-optees Allowance to consider an appropriate method of payment i.e. monthly, quarterly or annually.

(e) Travelling and Subsistence Allowance

(applicable, if within one or more of the following categories, as covered in Regulation 8).

(i) 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;


(ii) the attendance at any other meeting, the holding of which is authorised by the authority, of a committee or sub-committee of the authority, or a joint committee of the authority and one or more local 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 -


- 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, or


- if the authority is not so divided, it is a meeting to which at least two members of the authority have been invited;


- the attendance at a meeting of any association of authorities of which the authority is a member;


- the attendance at a meeting of the executive or a meeting of any of its committees, where the authority is operating executive arrangements;


- the performance of any duty in pursuance of any standing order made under section 135 of the Local Government Act 1972 requiring a member or members to be present while tender documents are opened;


- 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;


- the performance of any duty in connection with arrangements made by the authority for the attendance of pupils at any school approved for the purposes of section 342 (approval of non-maintained special schools) of the Education Act 1996, (not applicable) and


- 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 of any of its committees or sub-committees.

This is a discretionary provision.

· needs to specify the amount. Allowance is not restricted to vehicles so will need to cover:-


· cars, motorcycles, public transport, bicycles


· whether the allowance is to be withheld (in whole or in part) if a Member is suspended or partially suspended.

(f) Other Provisions for Consideration

· Dependents Carers Allowance (Discretionary)
i.e. To cover expenses of arranging for the care of their children or dependants.

If appropriate, needs to specify amount/parameters (similar circumstances to those for travel in Regulation 8)


Examples of such payments made by adjoining authorities are set out below:-

· Annual Adjustment
Whether adjustment of allowances should take place by reference to an index and, if so, what that index should be.


· Retrospectively
Whether "new" allowances should be backdated to May 2003.


· Recovery of Allowance Paid
whether any allowance already paid to a Member should be recovered in whole or in part whether that Member has been:
- suspended or partially suspended
- ceases to be a Member of the Authority
- otherwise is not entitled to the allowance


· Duplication
Make provision to ensure that where a Member is a member of 2 Authorities, they do not receive more than one allowance for the same duties


· Elections to Forgo Allowances
Enabling Members by notice to forgo entitlement (or part) to allowances


· Claims and Payments (Mandatory)
Specify the times within which claims must be made for:
- travelling and subsistence allowance
- co-optees allowances

3.2. The Standards Committee on 24 October 2003 will be provided with the notes and recommendations of the Independent Remuneration Panel meeting to assist in their deliberations on the above matters.

4. Costs

4.1. As a result of the Panel's and Committee's discussions, the Authority will be provided at its December meeting with the estimated net cost of any proposed allowances for adoption, assuming an implementation date of May 2003. So far its implications have not been budgeted for and this will need to be taken account of in current and future years. Also, there will be the cost of the statutory requirement to advertise by way of public notices the adopted HFRA Members' Allowance Scheme.

5. Background Information

5.1. As background information and to assist in deliberations, I attach:-

· Extracts of Members' Allowances Schemes Adopted by Other Fire Authorities
(Appendix 1)


· The County Council's Members' Allowances and Expenses Guidance Note 2003/04 (Appendix 2)


· Hampshire Police Authority Scheme of Allowances 2003/04
(Appendix 3)


· The Local Authority (Members' Allowances) (England) Regulations 2003
(Appendix 4)


· Recommendations from the Independent Remuneration Panels of Hampshire, Portsmouth and Southampton to their respective Councils regarding schemes of allowances (Appendices 5, 6 and 7)


· A list of the formal Member appointments made by the HFRA at its Annual Meeting on 29 May 2003. (Appendix 8)

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Appendix 1

(Amended)

EXTRACTS FROM OTHER FIRE AUTHORITIES

MEMBERS' ALLOWANCE SCHEMES

1. Lancashire's Travel Allowance - Mileage Rates

The appropriate mileage rates for travel by a Member's own motor car are as follows:

(a) Not exceeding 999cc - 37.2p per mile

(b) 1000cc to 1199cc - 42.5p per mile

(c) Over 1199cc - 52.1p per mile

The rates set out above may be increased by:-

(a) 3p per mile for the first passenger and by 2p per mile in respect of subsequent passengers carried, not exceeding four in total, to whom travelling expenses would otherwise be payable.


(b) Not more than the amount of any expenditure incurred on tolls, ferries or parking fees, including overnight garaging.




The appropriate mileage rates for travel by a Member's own motor cycle are as follows:


(a) Not exceeding 150cc - 9.1p per mile


(b) 151cc to 500cc - 13.2p per mile


(c) Over 500cc - 17.7p per mile


For the purposes of the above rates, the cylinder capacity (County Council) shall be that entered in the vehicle registration book or document by the Secretary of State under the Vehicles (Excise) Act 1971.

The mileage rate for use of a bicycle is 7.4p per mile.

Subsistence Allowances

For an absence of more than four hours from the usual place of residence, but not involving an overnight absence, the rates of subsistence allowances shall be:


(a) A breakfast allowance of £5.30 payable when the period of absence starts before 7.00 a.m.


(b) A lunch allowance of £7.30 when the period of absence covers the whole of the period 12.00 noon to 2.00 p.m.


(c) A tea allowance of £2.90 when the period of absence covers the whole of the period 3.00 p.m. to 6.00 p.m.


(d) An evening meal allowance of £9.00 when the period of absence ends later than 7.00 p.m.


The rate for an absence overnight from the usual place of residence is not to exceed the sum of £85.80. However, for an absence overnight in London or, for the purpose of attending an annual conference (including or not including an annual meeting) of the bodies listed below, the rate may be increased by a supplementary allowance to £98.00.


The bodies referred to above are the Local Government Association, the Council of Local Education Authorities, the Association of British Market Authorities, the National Association of Local Councils, the British Resorts Association or such other bodies as the Secretary of State may for the time being approve for the purpose.

2. Kent and Medway Towns Fire Authority

Travel and Subsistence Allowances

Bicycles and Motorcycles

Bicycles and motorcycles up to 125cc 11.0p per mile
Motorcycles over 125cc 21.3p per mile

Cars

First 8,500 miles Over 8,500 miles
per annum per annum

Under 1000cc 35.8p per mile 10.1p per mile
1000 to 1199cc 39.9p per mile 11.1p per mile
1200cc and over 49.4p per mile 12.4p per mile

Public Transport

Rail (standard class only), bus and taxi (where no other means of transport available) fares reimbursed as incurred, subject to tickets/receipts being submitted wherever possible.

Eligible Duties for Claiming Travel Allowance

· All official Authority meetings, and all Committee, Panel etc. meetings as a Member of that Committee, Panel etc.


· Other meetings or events relating to the business of the Authority and authorised by the Authority or called by the Chief Executive and Chief Fire Officer or Clerk.


· Briefing sessions in respect of official Authority, Committee and Panel meetings attended by Authority office-holders in relation to the responsibilities for which they receive SRAs.


· Meetings of all outside bodies to which the Member is appointed by the Authority, except where those bodies have their own expenses schemes.


Subsistence: No allowance payable.

As required by the Regulations, before adopting its Scheme the Authority has regard to the most recent recommendations made by the Independent Remuneration Panels of Kent County Council and Medway Council.

3. Stoke-On-Trent and Staffordshire Fire Authority

Travelling and Subsistence Allowances Scheme

Mileage Allowances - Cars Motorcycles and Bicycles

Not exceeding 150cc 12.3p
151cc - 500cc 16.5p
1000cc - 1199cc 39.5p
Exceeding 1199cc 48.5p

Mileage Allowance - Cycling 20p


Subsistence Allowances

Breakfast
A duty of four hours - three of which should be before 11 a.m. £5

Lunch
A duty of four hours including 12 noon to 2 p.m. £7

Tea
A duty of four hours including 3 p.m. to 6 p.m. £3

Dinner
A duty of four hours ending after 7 p.m. £9

Overnight
London allowance £92
All other £80

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Appendix 8

A List Of The Formal Member Appointments Made By The HFRA At Its Annual Meeting On 29 May 2003

Chairman of Authority - Cllr. M.F. Cartwright

Vice-Chairman of Authority (x 2) - Cllr. P.A. Heath and Cllr. G. Semmens (Portsmouth)

Chairman of Committees (x 4)

Finance and General Purposes - Cllr. P.A. Heath
Personnel Committee - Cllr. G. Semmens
Performance Review Committee - Cllr. D.A. Kirk
Standards Committee - Cllr. M.J. Woodhall

Vice-Chairman of Committees (x 4)

Finance and General Purposes - Cllr. P.R. Hutcheson
Personnel Committee - Cllr. K. Chapman
Performance Review Committee - Not applicable
Standards Committee - Cllr. P.A. Heath

Independent Members (x 2)

Standards Committee - Wendy Burton and Sandra Roberts until Annual
Meeting of Fire Authority in February 2005

Minority Spokespersons on HFRA

Liberal Democrat Party - Cllr. Mrs. E.S.M. Barron
Labour Party - Cllr. D. Horne (Portsmouth)

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