Statutory Instrument 1990 No. 1447

The Local Government (Politically Restricted Posts) (No. 2) Regulations 1990

---

© Crown Copyright 1990

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Local Government (Politically Restricted Posts) (No. 2) Regulations 1990, ISBN 0110044479. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1990 No. 1447

LOCAL GOVERNMENT, ENGLAND AND WALES

LOCAL GOVERNMENT, SCOTLAND

The Local Government (Politically Restricted Posts) (No. 2) Regulations 1990

The Secretary of State for the Environment, as respects England, the Secretary of State for Scotland, as respects Scotland, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred upon them by sections 2(2)(a) and 190(1) of the Local Government and Housing Act 1989^[1], and of all other powers enabling them in that behalf, hereby make the following Regulations:

    1.—(1)  These Regulations may be cited as the Local Government (Politically Restricted Posts) (No. 2) Regulations 1990 and shall come into force on 8th August 1990.

    (2)  In these Regulations —

"the Act" means the Local Government and Housing Act 1989;


"the National Joint Council" means the National Joint Council for Local Authorities' Administrative, Professional, Technical and Clerical Services;


"the Scottish Council" means the Scottish Council for Local Authorities' Administrative, Professional, Technical and Clerical Services;


"the National Joint Council's Scheme" means the National Joint Council's Scheme of Conditions of Service;


"the Scottish Council's Scheme" means the Scottish Council's Scheme of Salaries and Conditions of Service; and


"scheme terms" means the terms and conditions of appointment or employment specified, as respects posts in England and Wales, in the National Joint Council's Scheme and, as respects posts in Scotland, in the Scottish Council's Scheme.

    2.—(1)  Subject to paragraphs (2) and (3), the amount for the purposes of section 2(2) of the Act is (so long as it is higher than £19,500) such amount as is published from time to time—
 (a) as respects full-time posts under a local authority in England or Wales, by the National Joint Council; or
 (b) as respects full-time posts under a local authority in Scotland, by the Scottish Council,
as the amount assigned to spinal column point 44 of the salary scales for local government officers incorporated in the National Joint Council's Scheme or, as the case may be, the Scottish Council's Scheme.

    (2)  In the case of a post in respect of which an officer is appointed or employed on scheme terms and is entitled to an allowance of any of the descriptions specified in paragraph (4) ("the relevant allowance"), the amount for the purposes of section2(2) of the Act is (so long as it is higher than £19,500) an amount equal to the aggregate of —
 (a) the appropriate published amount referred to in paragraph (1); and
 (b) such amount as is published from time to time —
 (i) as respects England or Wales, by the National Joint Council; or
 (ii) as respects Scotland, by the Scottish Council,
as the amount of the relevant allowance.

    (3)  In the case of a post in respect of which —
 (a) an officer is not appointed or employed on scheme terms; and
 (b) he would, if appointed or employed on such terms, be entitled to the relevant allowance,
the amount for the purposes of section 2(2) of the Act is (so long as it is higher than £19,500) an amount equal to the aggregate of the appropriate published amount referred to in paragraph (1) and the appropriate published amount referred to in paragraph (2)(b) to which the officer would be entitled if he were appointed or employed on scheme terms.

    (4)  The descriptions of allowance specified in this paragraph are—
 (a) Inner London Allowance;
 (b) Outer London Allowance;
 (c) Inner Fringe Area Allowance; and
 (d) OuterFringe Area Allowance,
as described in the National Joint Council's Scheme, and
 (e) Distant Islands Allowance,
as described in the Scottish Council's Scheme.

    3.    The Local Government (Politically Restricted Posts) Regulations 1990^[2] are hereby revoked.

Chris Patten

Secretary of State for the Environment

17th July 1990

Malcolm Rifkind

Secretary of State for Scotland

18th July 1990

David Hunt

Secretary of State for Wales

18th July 1990

Local authorities are required by section 2(2) of the Local Government and Housing Act 1989 to prepare and maintain a list of posts in respect of which the annual rate of remuneration is or exceeds £19,500 or such higher amount as may be specified in or determined under regulations made by the Secretary of State.

These Regulations, which apply to the whole of Great Britain, provide for that higher amount to be —
(a) the amount that is for the time being fixed by the National Joint Council for Local Authorities' Administrative, Professional, Technical and Clerical Services or, in Scotland, the Scottish Council for Local Authorities' Administrative, Professional, Technical and Clerical Services, as that applicable to spinal column point 44 on their salary scales for local government officers; or

(b) where applicable, the aggregate of the amount represented by spinal column point 44 and the amount of any Inner or Outer London Allowance, Inner or Outer Fringe Allowance or, in Scotland, Distant Islands Allowance.

The Regulations revoke the Local Government (Politically Restricted Posts) Regulations 1990.

[1] 1989 c. 42. back

[2] S.I. 1990/42. back