Loading…

Statutory Instruments

1990 No. 1447

LOCAL GOVERNMENT, ENGLAND AND WALES

LOCAL GOVERNMENT, SCOTLAND

The Local Government (Politically Restricted Posts) (No. 2) Regulations 1990I1,I2,I3

Made

18th July 1990

Laid before Parliament

18th July 1990

Coming into force

8th August 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

(2)

S.I. 1990/42.

Status: There are outstanding changes not yet made by the editorial team to The Local Government (Politically Restricted Posts) (No. 2) Regulations 1990. Any changes that have already been made by the team appear in the content and are referenced with annotations.
The Local Government (Politically Restricted Posts) (No. 2) Regulations 1990 (1990/1447)
Version from: [subject to the status notice] 8 August 1990

Details appear here

Hover a defined term or a footnote marker in the text, or select a case si note chip beside a section.

In-force status is shown at the top of the page. Upcoming changes are listed under the Future changes tab.

in force Provision is in force
in force* In force only for specified purposes (for detail about the purposes see/hover footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
italics Defined term
dfn Defined term (alternative style)
gry bckgrd the in-force status of the provision is complex, check the footnotes

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.