Local Government (Expenses of Local Authority Members) Regulations 2006
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Local Government (Expenses of Local Authority Members) Regulations 2006.
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paragraphs: (1) In these Regulations, except where the context otherwise requires -
“annual expenses allowance” means an annual expenses allowance for the purposes of Part II;
“attendance” means -
(i) in the case of a meeting of a local authority or of a committee or a joint committee or a joint policing committee, participation in the business of such meeting as a member of the relevant authority or committee or joint committee, as the case may be,
(ii) in the case of a matter to which Part IV applies, participation in such matter as a representative of a local authority;
“the Act” means the Local Government Act 2001 (No. 37 of 2001);
“committee” means a committee of a local authority, established under Part VII of the Act;
“county or city development board” means a body established under section 129 of the Act;
“joint committee” means a joint committee of local authorities as provided for in section 52 of the Act;
“joint policing committee” means a committee established under section 36 of the Garda SÃ­ochÃ¡na Act 2005 (No 20 of 2005);
“local authority” has the meaning given by the Act;
“municipal policy committee” means a committee established under section 49 of the Act;
“member” means a member of a local authority and includes a Cathaoirleach and Leas-Chathaoirleach;
“official residence” means a person's ordinary place of residence;
“strategic policy committee” means a committee established under section 48 of the Act;
“subsistence expenses allowance” means a subsistence expenses allowance for the purposes of article 9;
“travelling expenses allowance” means a travelling expenses allowance for the purposes of article 8.
(2) In these Regulations a reference to -
(a) a Part which is not otherwise identified is a reference to a Part of these Regulations;
(b) an article which is not otherwise identified is a reference to an article of these Regulations;
(c) a sub-article, paragraph or sub-paragraph which is not otherwise identified is a reference to a sub-article, paragraph or sub-paragraph of the article, sub-article or paragraph in which the reference occurs.
(3) In these Regulations a reference to -
(a) any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment.
(b) a matter as being in accordance with or subject to or provided for in these Regulations or any provisions thereof shall be construed as including a reference to such matter being in accordance with or subject to or provided for in directions given under these Regulations.
Commencement.
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paragraphs: These Regulations shall come into operation on the 1st January 2007.
PART II
Annual Expenses Allowance
Payment of annual expenses allowance.
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paragraphs: (1) A local authority shall, subject to and in accordance with these regulations, make payments to a member consisting of a composite annual allowance (in these Regulations referred to as an annual expenses allowance) not exceeding an amount determined in accordance with sub-articles (2) and (3) and article 5 in respect of travelling, subsistence and other expenses reasonably incurred in connection with the performance of the member's functions and duties, save as is otherwise provided for in these Regulations, in respect of each year or portion of year for which such person is a member.
(2) Where in any year a person is a member of a local authority for a period less than the full year, the annual expenses allowance payable to such person by that authority shall not exceed such proportion of the sum determined in accordance with article 5 as is equal to the proportion of a full year represented by the said period.
(3) (a) Where in any year a member attends less than the relevant number of meetings, the annual expenses allowance to be paid to the member shall be the proportion of the sum determined in accordance with sub-article (2) and article 5 as is equal to the proportion of the relevant number of meetings which the member attended during the year or portion of the year concerned.
“(b) For the purposes of this article, “relevant number of meetings”:
(i) means in the case of the travelling and subsistence elements of the annual expenses allowance as determined in accordance with paragraphs (a), (b), (c) and (d) of article 5 (1) eight tenths of the sum of -
(I) the total number of meetings of the local authority held during the year or portion of the year concerned, and
(II) the total number of meetings of committees, joint committees and joint policing committees of which the person is a member held during the year or portion of the year concerned,
and in the case of the other expenses element of such annual expenses allowance as so determined (such expenses element being the fixed annual rate applicable in accordance with directions pursuant to article 16), five tenths of that sum, and
(ii) in the case of a fixed annual amount as determined in accordance with paragraph (e) of article 5 (1), shall be calculated, operate and apply in such manner as may be specified by directions pursuant to article 16.
(c) For the purposes of this sub-article, whenever a meeting of a local authority or of a committee or a joint committee of such authority or joint policing committee is abandoned, owing to failure to obtain a quorum, a meeting of such authority or committee or joint committee or joint policing committee shall be deemed to have been held at the time and place appointed for such meeting and the members attending at such time and place shall be deemed to have attended such meeting.
Determination of annual expenses allowance.
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paragraphs: (1) The annual expenses allowance payable in accordance with article 4 shall be determined as follows:-