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Remuneration Expenses and Pensions for Elected Members (Council report 19 May 2022)

Renfrewshire Council · 19 May 2022
Back to Council — 19 May 2022 and its agenda

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___________________________________________________________________
To: Council
On: 19 May 2022
___________________________________________________________________
Report by: Director of Finance and Resources
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Heading: Remuneration, Expenses and Pensions for Elected Members
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1. Summary
1.1 Renfrewshire Council’s remuneration, expenses and pensions
arrangements for elected members are in accordance with prevailing
Scottish Government regulations and the current rates have been in
place since 1 April 2022.
1.2 In addition to various mandatory remuneration and expenses rates set
out in the Scottish Government regulations, the regulations contain a
number of matters on which the Council has discretion. These matters
are detailed in section 2 below, and are required to be considered at
this statutory meeting of the Council.
___________________________________________________________________ 
2. Recommendations
2.1 It is recommended that the Council:
(a) considers which elected member is to be paid remuneration as
Leader of the Council;
(b) considers whether to pay remuneration to an elected member as
Civic Head and, if so, to consider which elected member is to
receive remuneration as Civic Head;

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(c) considers whether any person receiving remuneration as Civic
Head (or persons so deputising) should also be entitled to
reimbursement of expenditure incurred in performing civic duties,
up to a maximum yearly amount of £3,000, the yearly period to
commence, in accordance with Scottish Government regulations,
on 3 May each year (the previous maximum yearly amount was set
at £1,000 by the Council at its meeting of 18 May 2017);
(d) considers the number of elected members to be remunerated as
Senior Councillors, up to a maximum of 14, and the amount of
remuneration to be paid to each Senior Councillor;
(e) considers which elected members are to be paid as Senior
Councillors;
(f) consider the means of publishing the records of expenditure and
allowances paid to elected members;
(g) approves the list of “approved duties” forming Appendix 1 to this
report for the purposes of determining entitlement to allowances
and expenses;
(h) approves payment of remuneration and expenses to elected
members on a four-weekly basis in arrears;
(i) considers the allowances and expenses to be paid to the
representatives on the Education and Children's Services Policy
Board representing religious bodies.
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3. Background
3.1 The current arrangements for the payment of remuneration and
expenses and access to pension provision for elected members was
introduced from 3 May 2007. Subsequent amendments have been
made to remuneration and expenses rates as approved by the Scottish
Parliament, including annual remuneration increases in most years and
a change to the car mileage rate introduced from 14 November 2011.
The regime is set out in the following statutory instruments:
(i) The Local Governance (Scotland) Act 2004 (Remuneration)
Regulations 2007 (SSI 2007/183);
(ii) The Local Governance (Scotland) Act 2004 (Remuneration)
Amendment Regulations 2008 (SSI 2008/415),
2011 (SSI 2011/264), 2013 (SSI 2013/351), 2016 (SSI 2016/6),

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2017 (SSI 2017/66), 2018 (SSI 2018/38), 2019 (SSI 2019/23),
2020 (SSI 2020/26), 2021 (SSI 2021/18) and 2022 (SSI 2022/18);
(iii) The Local Government (Allowances and Expenses) (Scotland)
Regulations 2007 (SSI 2007/108);
(iv) The Local Government (Allowances and Expenses) (Scotland)
Amendment Regulations 2008 (SSI 2008/414), 2010 (SSI 2010/45)
and 2011 (SSI 2011/304);
(v) The Local Government Pensions Etc. (Councillors and
VisitScotland) (Scotland) Amendment Regulations 2007 (SSI
2007/71).
3.2 In the paragraphs that follow, the term “remuneration regulations” refers
to the statutory instruments listed at 3.1 (i) and (ii) above, the term
“allowances and expenses regulations” refers to the statutory
instruments listed at 3.1 (iii) and (iv) above and the term “pensions
regulations” refers to the statutory instrument detailed at 3.1 (v) above.
3.3 Although the regime for remuneration, expenses and pensions is
regulated by the regulations listed at paragraph 3.1, in some cases the
regulations give discretion to local authorities to decide how they will
implement particular provisions. These are dealt with in turn in the
following paragraphs.
3.4 The remuneration regulations provide that each local authority shall pay
remuneration to one Leader of the Council, the yearly amount for that
remuneration being £39,148. The Council must decide which elected
member is to be the Leader of the Council for remuneration purposes.
3.5 The remuneration regulations give local authorities the discretion to pay
remuneration to one Civic Head. If the Council decides to pay
remuneration to an elected member as Civic Head, the yearly amount
of remuneration shall be a maximum of £29,361. It should be noted that
the Leader of the Council and the Civic Head for remuneration
purposes cannot be the same person.
3.6 In addition to paying remuneration to the Civic Head, the Council has
discretion in terms of the allowances and expenses regulations to
reimburse the Civic Head, or any person deputising for the Civic Head,
any receipted expenditure incurred by that person to enable them to
carry out their civic duties. The allowances and expenses regulations
permit councils to set a civic allowance from which to reimburse to the
Civic Head (or any person deputising for the Civic Head) any receipted

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expenditure, subject to an upper limit, incurred by the Civic Head to
enable him/her to carry out his/her civic duties.
3.7 The upper limit set by the allowances and expenses regulations for the
civic allowance is a yearly amount of £3,000, however the Council at its
meeting of 18 May 2017 agreed to restrict the civic allowance to a
yearly amount of £1,000 (the yearly period to commence, in
accordance with the regulations, on 3 May each year). It is for the
Council to decide on the maximum yearly amount of civic allowance
payable to the Civic Head (or any person deputising for the Civic
Head).
3.8 The remuneration regulations provide that Renfrewshire Council can
have a maximum of 14 Senior Councillors for remuneration purposes.
The Council has flexibility to determine which positions should be
considered “Senior Councillors” meriting the higher remuneration. It is
for the Council to decide how many Senior Councillor posts it wishes to
allocate but the maximum number of 14 must not be exceeded.
3.9 Senior Councillors must be paid a yearly amount which is more than
the total yearly amount payable to a Councillor (that is, more than
£19,571 per annum) and no more than 75% of the total yearly amount
payable to the Leader of the Council (that is, no more than £29,361 per
annum).
3.10 A further restriction when allocating remuneration to Senior Councillors
is that payment of Senior Councillors’ remuneration comes out of a sum
of money, the amount of which is calculated using a formula set out in
the remuneration regulations. For Renfrewshire Council the formula
brings out an aggregate yearly amount payable of £342,524 available
for the payment of remuneration for all Senior Councillors.
3.11 Therefore, if the Council decides to have the maximum number of 14
Senior Councillors and decided to pay them all at the same amount,
those Senior Councillors would each receive around £24,466 per
annum. It should be emphasised that the Council can choose to pay
different amounts of remuneration to individual Senior Councillors and
there is no requirement that they are all paid the same.
3.12 If the Council were to decide to pay all of its Senior Councillors the
maximum allowable yearly amount (that is, £29,361 per annum per
paragraph 3.9), there would only be sufficient money available from the
£342,524 indicated at paragraph 3.10 to pay remuneration to 11 Senior
Councillors.

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3.13 The allowances and expenses regulations require each local authority
to publish information on elected members’ salaries, allowances and
expenses in respect of the previous financial year in a standard format
on the local authority’s website by 1 June in each year. In addition to
these requirements, the local authority is free to decide whether to use
any other forms of publication, including in what form and how often it
wishes to publicise the information.
3.14 The allowances and expenses regulations require that local authorities
may only reimburse claims for allowances and expenses where the
expenditure has been incurred by an elected member performing an
approved duty. A list of approved duties was approved by Council on
18 May 2017 and it is proposed that that list be adopted for the
purposes of the allowances and expenses regulations. The list of
approved duties forms Appendix 1 to this report.
3.15 The remuneration regulations give the local authorities the option to
pay remuneration either every calendar month or every four weeks.
Renfrewshire Council employees are paid every four weeks and it
would be consistent if remuneration for elected members continued to
be paid at the same intervals. It is also proposed to follow guidance
issued by the Scottish Government that payment should be in arrears.
3.16 In terms of Section 124 of the Local Government (Scotland) Act 1973
the Council is obliged to appoint three representatives of religious
bodies as specified in that section to the Education and Children's
Services Policy Board. The Council has previously reimbursed the
expenses incurred by these representatives in attending meetings of
the Board at the same rates paid to elected members. It is proposed to
continue that arrangement by reimbursing expenditure relative to
attendance at Board meetings at the rates set out in the allowances
and expenses regulations.
3.17 The pensions regulations allow local authority councillors to become
members of the Local Government Pension Scheme. However, it is for
individual elected members to decide whether to join the Scheme and
no decision is required from the Council.
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Appendix 1: list of approved duties
(a) Attendance at a meeting of the Council or any of its Boards or other
meetings approved by the Council.

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(b) Undertaking a duty in connection with the Council’s functions provided
it has been approved in advance by the appropriate Board or, in an
emergency, reported to the next meeting of that Board.
(c) Performance of any duty similar to (a) or (b) above as a member of
some other body to which an elected member has been appointed as a
nominee of the Council.
(d) Attendance at any annual inspection or other function (excluding
functions of a social nature) of the Council to which a formal invitation
has been extended by, or on behalf of, the Council.
(e) Attendance at Political Group meetings.
(f) Attendance by the Convener and Depute Conveners of the appropriate
Board or, with their authority, other elected members at meetings with
the Chief Executive, service directors, second-tier officers and
appropriate senior managers, to consider matters relative to the
appropriate Board.
(g) Attendance at surgeries, subject to the condition that the allowance
claimed shall not exceed 2 full days in any one month (except in
particular circumstances with the approval of the Leader of the
appropriate group) and that public intimation of the surgeries be given.
(h) Reasonable attendance at meetings of Community Planning Forums /
Community Councils and tenants’ / ratepayers’ / council tax payers’
association meetings.
(i) Undertaking within the Council’s area, and on not more than 3 days per
week, any activity other than an activity appropriate to headings (a) to
(h) above considered by an elected member necessary for the proper
discharge of duties.
(j) Political Group Officer duties:
(i) Political Group Leaders and Group Secretaries - Group duties on
up to 3 days in any one week;
(ii) Depute Group Leaders of the largest Political Group forming the
political administration of the Council - Group duties on 2 days per
week (may be aggregated monthly).
(k) Conveners and Depute Conveners - 7 days in any one month.
(l) Attendance by the Leader or Depute Leader of the Council at meetings
to further the interests of the Council, its operations or policies and
attendance at such meetings, when this has been or as may be

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requested by the Leader or Depute Leader of the Council, by the
Leader or Secretary of any minority Political Group on the Council or
another elected member.
(m) Attendance at a school ceremony in the elected member’s own locality
with the limit of one attendance per school per year.
(n) Attendance by an elected member at any meeting of a School Board or
Committee or Sub-committee relating to an elected member’s
constituents’ interests.
(o) Attendance at any meeting of a College Council or Committee or Sub-
committee thereof by an elected member who is appointed by the
relevant Board. 2.1 It is recommended.
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Implications of the Report
1. Financial – The report relates to the appointment, following the
May 2022 local government election, of the Leader of the Council, a
Civic Head and Senior Councillors, and to the decisions that the
Council requires to take regarding the yearly remuneration to be paid to
elected members appointed to these posts. It is anticipated that the
overall costs will be comparable to the cost of the arrangements prior to
the May 2022 local government election. 
2. HR & Organisational Development – none 
3. Community/Council Planning – none 
4. Legal – The Council is statutorily required to put in place appropriate
arrangements for the remuneration of its elected members, including
the appointment of the Leader of the Council and various Senior
Councillors as deemed appropriate. Further, the Council is required to
consider whether to appoint one of its elected members as a Civic
Head and, if so, to decide on the level of remuneration to be paid to the
Civic Head and whether any additional monetary allowance should be
allocated for the Civic Head (or persons so deputising) to carry out their
civic duties. 
5. Property/Assets – none 
6. Information Technology – none  
7. Equality & Human Rights – none

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8. Health & Safety – none 
9. Procurement – none 
10. Risk – none 
11. Privacy Impact – none 
12. Climate Risk – none 
13. COSLA Policy Position – none
___________________________________________________________________
List of Background Papers 
None 
___________________________________________________________________ 
Author: Richard Conway (ext. 7377) richard.conway@renfrewshire.gov.uk