STRATFORD-ON-AVON DISTRICT COUNCIL by yaofenji

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									                     STRATFORD-ON-AVON DISTRICT COUNCIL

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                  MEMBERS' ALLOWANCES SCHEME
                    Effective from 23 June 2004
                     (Updated 1 October 2005)
_______________________________________________________________

The Stratford-on-Avon District Council (hereinafter called "the Council") in exercise of
the powers conferred by the Local Authorities' (Members' Allowances) Regulations 1991,
has made the following Scheme for Members' Allowances.

1.     This Scheme may be cited as the Stratford-on-Avon District Council Members'
       Allowances Scheme effective from 28 July 2002; any revisions approved by the
       Council from time to time shall be incorporated.

2.     In this Scheme,

       "Councillor" or "Member" means a member of the Council who is a Councillor;

       "year" means the 12 months ending with 31 March.

       "Director of Corporate Services" means the Corporate Director (Corporate
       Services) for the time being of the District Council or such Officer as the Council
       may from time to time designate for the purpose of this Scheme.

       "Chairman of a Committee, Sub-Committee or Panel" shall include Vice Chairman
       attending for the Chairman.

       The masculine gender shall, where the context so requires or admits, include the
       feminine gender.

3.     Basic Allowance (updated Oct 2005)

       With effect from 28 July 2001, a Basic Allowance of £4,221 per annum is payable
       to each Councillor subject to paragraph 7 (Part-year Entitlements).

4.     Special Responsibility Allowance

       (i)    With effect from 28 July 2001, for each year a Special Responsibility
              Allowance shall be paid to those Councillors who hold the special
              responsibilities in relation to the Council which are specified in Schedule 1
              to this Scheme.

       (ii)   Subject to paragraph 7, the amount of each allowance shall be the amount
              specified against that special responsibility in Schedule 1.

     5. Attendance Allowances (updated October 2005)

       (i)    With effect from 1 April 2000 an Attendance Allowance of £31.27 per day
              or part day is payable in respect of approved attendance at any
              conference or meeting in relation to which the Councillor is entitled to a
              payment in the nature of an attendance allowance under the Local
              Government Act 1972 (Section 175).


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     (ii)    No such allowance shall be payable if such a payment would be contrary to
             a provision made by or under any enactment.

     (iii)   Such allowance entitlements shall be subject to paragraph 7 (Part-year
             Entitlements) below.

6.   Renunciation

     A Councillor may, by notice in writing given to the Director of Corporate Services,
     elect to forego any part of his entitlement to an allowance under this scheme.

7.   Part-year Entitlements

     (i)     The provisions of this paragraph shall have effect to regulate the
             entitlements of a Councillor to basic, special responsibility and attendance
             allowances where, in the course of a year, this Scheme is amended or that
             Councillor becomes, or ceases to be, a Councillor, or accepts or
             relinquishes a special responsibility in respect of which a special
             responsibility is payable.

     (ii)    If an amendment to this Scheme changes the amount to which a
             Councillor is entitled by way of a Basic Allowance or a Special
             Responsibility Allowance, then in relation to each of the periods.

             (a)   beginning with the year and ending with the day before that on which
                   the first amendment in that year takes effect, or

             (b)   beginning with the day on which an amendment takes effect and
                   ending with the day before that on which the next amendment takes
                   effect, or (if none) with the year,

             the entitlement to such an allowance shall be to the payment of such part
             of the amount of the allowance under this Scheme as it has effect during
             the relevant period as bears to the whole the same proportion as the
             number of the days in the period bears to the number of days in the year.

     (iii)   Where the term of office of a Councillor begins or ends otherwise than at
             the beginning or end of a year, the entitlement of that Councillor to a
             Basic Allowance shall be to the payment to such part of the basic
             allowance as bears to the whole the same proportion as the number of
             days during which his term of office subsists bears to the number of days
             in that year.

     (iv)    Where this scheme is amended as mentioned in sub-paragraph (ii), and
             the term of office of a Councillor does not subsist throughout the period
             mentioned in sub paragraph (ii)(a), the entitlement of any such Councillor
             to a Basic Allowance shall be to the payment of such part of the basic
             allowance referable to each such period (ascertained in accordance with
             that sub-paragraph) as bears to the whole the same proportion as the
             number of days during which his term of office as a Councillor subsists
             bears to the number of days in that period.

     (v)     Where a Councillor has during part of, but not throughout, a year such
             special responsibilities as entitle him to a Special Responsibility
             Allowance, that Councillor's entitlement shall be to payment of such part
             of that allowance as bears to the whole the same proportion as the


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             number of days during which he has such special responsibilities bears to
             the number of days in that year.

      (vi)   Where this Scheme is amended as mentioned in sub paragraph (ii), and a
             Councillor has during part, but does not have throughout the whole, of any
             period mentioned in sub-paragraph (ii) (a) of that paragraph any such
             special responsibilities as entitle him to a Special Responsibility
             Allowance, that Councillor's entitlement shall be to payment of such part
             of the allowance referable to each such period (ascertained in accordance
             with that sub-paragraph) as bears to the whole the same proportion as the
             number of days in that period during which he has such special
             responsibilities bears to the number of days in that period.

8.    Claims and Payments

      (i)    A claim for travelling and/or subsistence allowance under this Scheme
             shall be made in writing within two months of the date of the
             meeting in respect of which the entitlement to the allowance arises.

      (ii)   A claim for travelling and/or subsistence allowance shall include, or be
             accompanied by, a statement by the Councillor claiming the allowance that
             he is not entitled to receive remuneration in respect of the matter to which
             the claim relates otherwise than under the Scheme.

9.    (i)    Payments shall be made:-

             (a)    in respect of the basic allowance, subject to sub-paragraph (ii) in
                    instalments of one-twelfth of the amount specified in this Scheme
                    on the 18th of each month;
             (b)    in respect of the special responsibility allowance, subject to sub-
                    paragraph (ii) in instalments of one-twelfth of the amount specified
                    in this Scheme on the 18th of each month;
             (c)    in respect of travelling and/or subsistence allowances, on the 18th
                    of each month in respect of claims received by the 5th of that
                    month.

      (ii)   Where a payment of one-twelfth of the amount specified in this Scheme in
             respect of a basic allowance or a special responsibility allowance would
             result in the Councillor receiving more than the amount to which, by virtue
             of paragraph 6, he is entitled, the payment shall be restricted to such
             amount as will ensure that no more is paid than the amount to which he is
             entitled.

10.   The Standards & Ethics Committee are authorised to suspend the payment of
      allowances to Councillors found to be in breach of the Code of Conduct.

11.   Allowances are indexed against the annual NJC award for staff from the date
      of each Annual Meeting of the Council, commencing in May 2005.




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A:   Travelling Allowance (updated October 2005)

     Full details of travelling allowances payable are set out in Part 1 of Circular 1/86
     dated the 13th January 1986, and a letter from the DETR dated the 13 April
     2000.

     Members travelling out of the authority on approved duties should travel by the
     most cost-effective methods that meet the needs of their travel requirements. In
     particular, Members who have to travel by train to out of authority meetings are
     expected to travel standard class unless exceptional circumstances require
     otherwise. In such a situation, such travel by first class must be given prior
     approval by the Chief Executive and/or Chief Finance Office.

     If other types of journeys need to be taken by Members on out of authority
     business and the rates recommended below are not practical then these modes of
     travel must get prior approval from the Chief Executive and/or Chief Finance
     Officer and receipts must be provided for the reimbursement of any claims.

     Members who use public transport to travel to approved duties should claim at
     standard rate on the production of receipts.

     The main provisions effective from 1 July 2000 are:-

1.   (1)     The rate of travel by public transport shall not exceed the amount of the
     ordinary fare or any available cheap fare, and where more than one class of fare
     is available the rate shall be determined, in the case of travel by ship by
     reference to first class fares, and in any other case by reference to second class
     fares unless the body determines either generally or specifically, that first class
     fares shall be substituted.

     (2)   The rate specified in the proceeding sub-paragraph may be increased by
     supplementary allowances not exceeding expenditure actually incurred:

            (a) on Pullman Car or similar supplements, reservation of seats and
            deposit or porterage of luggage; and

            (b) on sleeping accommodation engaged by the member for an overnight
            journey, subject, however, to reduction by one-third of any subsistence
            allowance payable to him/her for that night.

2.   (1)    In-Authority Meetings

            For travel on approved duties for in-authority meetings, a Member’s
            mileage rate will be based on Officer casual user (or NJC) rates and
            indexed to these rates for the next 4 years (2004-2008).

     (2)    The rate for travel by a member's own solo motor cycle, or one provided
            for his/her use, shall not exceed;

            (a) for the use of a solo motor cycle of cylinder capacity not exceeding
                150cc, 8.8 pence per mile.

            (b) for use of a solo motor cycle of cylinder capacity exceeding 150cc, but
                not exceeding 500cc, 12.7 pence per mile.

            (c) for use of a solo motor cycle of cylinder capacity exceeding 500 cc,
                17.0 pence per mile.


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     (3)    The rate for travel by a member's own private motor vehicle, or one
            belonging to a member of his/her family or otherwise provided for his/her
            use, other than a solo motor cycle, shall not exceed:

            (a) for the use of a motor vehicle of cylinder capacity;
                (i) not exceeding 999cc, 36.9 pence per mile;
                (ii) exceeding 999cc but not exceeding 1199cc, 41.0 pence per mile;
                (iii) exceeding 1199cc, 50.2 pence per mile.
            (b) the following rates will apply for miles in excess of 8,500 for use of a
                motor vehicle of cylinder capacity;
                (i) not exceeding 999cc, 11.4 pence per mile;
                (ii) exceeding 999cc but not exceeding 1199cc, 12.6 pence per mile;
                (iii) exceeding 1199cc, 13.8 pence per mile.

     (4)    The rates specified in sub-paragraphs (1) and (2) may be increased:

            (a) in respect of the carriage of each passenger, not exceeding 4, to whom
            a travelling allowance would otherwise be payable under any enactment,
            by not more than 3.0 pence a mile for the first passenger and 2.0 pence
            per mile for the second and subsequent passengers;
            (b) by not more than the amount of any expenditure incurred on tolls,
            ferries or parking fees, including overnight garaging.

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

3.   The rate of travel by taxi-cab or cab shall not exceed:

            (a)    in cases of urgency or where no public transport is reasonably
            available, the amount of the actual fare and any reasonable gratuity paid,
            and
            (b) in any other case, the amount of the fare for travel by appropriate
            public transport.

4.   The rate of travel by a hired motor vehicle other than a taxi-cab shall not
     exceed the rate which would have been applicable had the vehicle belonged to
     the member who hired it:

     Provided that where the body so approves the rate may be increased to an
     amount not exceeding the actual cost of hiring.

5.   The rate of travel by air shall not exceed the rate applicable to travel by
     appropriate alternative means of transport together with an allowance equivalent
     to the amount of any saving in attendance allowance or financial loss allowance,
     and subsistence allowance consequent on travel by air:

     Provided that where the body resolves, either generally or specifically, that the
     saving in time is so substantial as to justify payment of the fare for travel by air,
     there may be paid an amount not exceeding;

     (a)    the ordinary fare or any available cheap fare for travel by regular air
            service or
     (b)    where no such service is available or in case of urgency, the fare actually
            aid by the member.



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B:       Subsistence Allowance (updated October 2005)

         Full details of subsistence allowances payable are set out in Circular 1/86 and a
         letter from the DETR dated 13 May 2000.

         A subsistence allowance will be paid for attending approved duties within the
         Authority and will be index linked to the NJC rates. A Member may not claim this
         allowance where food is provided at Council meetings.

         Accommodation and Subsistence
         Wherever possible the Member should organise their meals and accommodation
         through the Council which pre-books and pre-pays in advance.
         OR, must conform to the current rates payable (which are indexed to the same
         increase in the Basic and SRAs per year)
         For meals that cannot be pre-booked and paid and are in excess of current rates
         payable, reasonable costs will be reimbursed on production of receipts up to a
         limit of £41.16 per day.

         The main provisions effective from 1 July 2000 are:-

1.       (1)      The rate of subsistence allowance shall not exceed:

                  (a) in the case of an absence, not involving an absence overnight, from
                  the usual place of residence;

                      (i)      of more than 4 hours, or where the authority permits, a lesser
                               period, before 11 am, (breakfast allowance), £5.59;

                      (ii)     of more than 4 hours, or where the authority permits, a lesser
                               period including the period between 12 noon and 2 pm (lunch
                               allowance), £7.69;

                      (iii)    of more than 4 hours, or where the authority permits, a lesser
                               period, including the period 3 pm to 6 pm (tea allowance),
                               £3.03;

                      (iv)     of more than 4 hours, or where the authority permits, a lesser
                               period, evening after 7 pm (evening meal allowance), £9.54.

                  (b)    in the case of an absence overnight from the usual place of
                  residence £87.26 and for such an absence overnight in London, or for the
                  purposes of attendance at an annual conference (including or not including
                  an annual meeting) of the Local Government Association or such other
                  association of bodies as the Secretaries of State may for the time being
                  approve for the purpose1 , £99.51.


         (2)    For the purposes of this paragraph, London means the City of London and
         the London boroughs of Camden, Greenwich, Hackney, Hammersmith and
         Fulham, Islington, Kensington and Chelsea, Lambeth, Lewisham, Southwark,
         Tower Hamlets, Wandsworth and Westminster.


1 The annual conferences of the following Associations are approved for these purposes; the Association of
        British Market Authorities, the British Resorts Association, the Council of Local Education Authorities
        and the National Association of Local Councils.




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2.   Any rate determined under paragraph 1(b) above shall be deemed to cover a
     continuous period of absence of 24 hours.

3.   The rates specified in paragraph 1 above shall be reduced by an appropriate
     amount in respect of any meal provided free of charge by an authority or body
     in respect of the meal or the period to which the allowances relates.

4.   (1)      Where main meals (i.e. breakfast, lunch or dinner) are taken on
     trains during a period for which there is an entitlement to a day subsistence
     allowance, the reasonable cost of the meals (including VAT), may be reimbursed
     in full, within the limits specified below. In such circumstance reimbursement for
     the reasonable cost of a meal would replace the entitlement to the day
     subsistence allowance for the appropriate meal period.

     (2)       The limitations on reimbursement are:

               (a) for breakfast, an absence of more than 4 hours, or where the authority
               permits, a lesser period, before 11am;

               (b) for lunch, an absence of more than 4 hours, or where the authority
               permits, a lesser period, including the period between 12 noon and 2 pm;

               (c) for dinner, an absence of more than 4 hours, or where the authority
               permits, a lesser period, ending after 7 pm.

C.   Dependent and Child Care Allowance (updated October 2005)

     On 23 June 2004 the Council introduced a Dependent and Child Care Allowance
     (DCA).

     (1) The childcare element will be paid at similar rates paid by the LEGA, which is
         actual expenditure incurred up to a maximum of £4.84 per hour. It will be
         paid out for Members on approved duties only and indexed to the annual
         percentage increase that is applied each year to the Basic Allowance and
         SRAs.

     (2) In order to receive a Child Care Allowance,

           •   A member must register that they have a dependent child living with them
               under the age of 14.
           •   Claim the allowance on production of a signed statement, which declares
               that the childcare has been provided by a childminder or by a member of
               the immediate family not normally resident at the Member’s home
               address.
           •   It can be claimed for approved duties only.

     (3) The elderly and/or disabled element of the DCA will be paid at a similar rate
         chargeable by Warwickshire County Council’s Social Services Department, at
         an agreed maximum set by the Council and/or its Officers, for provision of a
         Home Care Assistant.

     (4) This allowance will only be paid on the production of a receipt for actual
         expenditure incurred while a Member is on approved duties.

     (5) A DCA will also be made available to Members who have an express need for
     such an allowance. This express need could take the form of a written


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     declaration by a Member, which is then lodged with the Standards & Ethics
     Committee (and the Legal and Democratic Services Managers as a means of
     providing further audit).

     (5) A Member cannot claim for multiple carers for multiple dependants within the
         same category of care.

     (6) The operation of the DCA will be reviewed after a year of operation to ensure
         that it is not being manipulated.

D.   Co-optees’ Allowance (updated October 2005)

     (1) The 2003 regulations now permit the payment of a Co-optees’ Allowance to
         people appointed to the Council’s committees and working groups as co-opted
         non-elected members. At Stratford on Avon District Council co-optees are
         appointed to the Standards & Ethics Committee.

     (2) A Co-optees’ Allowance of £257.25 be paid to Independent Members of the
         Standards & Ethics Committee.




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                                                                   Schedule 1




Basic Allowance

            All Members                                       53        4,221

Special Responsibility Allowances

Band 1      Leader                                            1         9,009

Band 2      Executive – Portfolio holders                     10        4,530
            and Deputy Leader

Band 3      Chairmen of Overview & Scrutiny Committees        3         3,141
            Leader of Majority Opposition Group               1         3,414
            using existing formula (i.e. £516 plus £207 per
            Group Member over 6)

Band 4      Chairman of the Policy & Regulation Committee     1         2,265
            including Enforcement

Band 5      Chairmen of Area Committees:
                Planning    (currently 70%) £1587             2         2,268
                Community (currently 30%) £681                4
            Chairmen of the Licensing Committee,              1         2,268
            (including the arrangements to divide the SRA
            between the Chairman of the Committee and the
            Chairmen of any Licensing Sub-Panels that may
            be introduced to handle liquor licensing
            applications)

Band 6      Chairman of the Council                           1         1,032
            Chairman of the Standards & Ethics                1         1,032
            (including a payment to an Independent Member
            if elected as Chairman of the Committee)
            Chairman of the Political Management Committee    1         1,032
            Chairman of the Employment Committee              1         1,032
            Leader of Minority Opposition Group(s)            1         1,032
                                                                        each




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                                                       Schedule 2
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                                OTHER ALLOWANCES

Travel and Subsistence allowances will be payable under Local Government Act 1972
(Section 174). Travelling & Subsistence Allowances will only be payable in respect of an
'Approved Duty' which, in relation to a Member of the Council shall mean any of the
following duties:-

(1)    Attendance at meetings of the Council and at meetings of those Committees
       and Sub-Committees to which the individual Member has been appointed,
       including attendance by

       (i) The Chairman of the Council as an ex-officio Member of a Committee or Sub-
       Committee.
       (ii) A substitute Member for a Committee or Sub-Committee appointed under the
       appropriate Standing Order relating to substitute Members.

(2)    Attendance at Committee or Sub-Committee meetings in connection with the
       Standing Order that states that any Member of the Council will have the right to
       attend any meeting of a Committee or Sub-Committee, of which he is not a
       member but may not speak or vote unless reference is made to items of a
       particular local concern to his ward, when he will be entitled to address the
       Committee or Sub-Committee concerned.

(3)    Attendance at Committee, Sub-Committee meetings by Portfolio Holders,
       Chairmen of Committees or Sub-Committees at the specific request of the
       Portfolio Holder, Chairman of the Committee or Sub-Committee to present the
       minutes or reports of meetings over which they have presided.

(4)    Attendance at meetings of Task Groups, formal Working Groups, the Health
       and Safety Group, and the Joint Consultation and Negotiating Group.

(5)    Visits and meetings by Portfolio Holders, Chairmen and Vice-Chairmen of the
       Council, Committees and Sub-Committees, in execution of their duties.

(6)    Attendance as a Member appointed by the Council, Committee or Sub-Committee
       concerned, as a witness on major policy matters at a Planning Inquiry.

(7)    Visits of inspection by Committees and Sub-Committees, provided that the visit
       has been previously approved.

(8)    Attendance at Induction Meetings held for new Councillors.

(9)    Duties in pursuance of any standing order requiring a Member to be present while
       tender documents are being opened.

(10)   Duties 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 the premises.

(11)   A meeting to which all members of a particular committee or all members of the
       Council are invited when the purpose of the meeting is to discuss and explore a
       major or complex issue as a preliminary to future committee consideration at
       which the formal decisions will be made.


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(12)   Attendance at meetings with the Local Government Ombudsman, provided that at
       least two political groups have been invited.

(13)   Attendance at briefing meetings for all standing Committees and Sub-
       Committees of the Council, provided that representatives of more than one
       political group have been invited.

(14)   Attendance at meetings called by the Chief Executive or a Chief Officer of the
       Council for the express purpose of the expedient and efficient conduct of the
       business of the Council provided that representatives of more than one political
       group have been invited. The Director of Corporate Services, after consultation
       with the Portfolio holder whose brief includes Finance, must give prior
       authorisation for the payment of Travelling and Subsistence Allowance.

(15)   Attendance at training courses and seminars for Members.

(16)   Attendance as a Member appointed by the Council, Committee or Sub-Committee
       concerned, at an Annual Conference, subject to a limit of two Conferences per
       annum for each major service of the Council.

(17)   Attendance as the Council's approved representative, or approved substitute, on
       the outside bodies set out in Appendix 1 to Schedule 2.

       The Council may, by future resolution, add or delete any organisation.

(18)   In the context of this Scheme, Committee also includes the Executive.




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                                             Appendix 1 to Schedule 2
_______________________________________________________________

                  MEMBERS' ALLOWANCES SCHEME
_______________________________________________________________

Outside Bodies

      Age Concern
      Alcohol and Drugs Community Services (Coventry and Warwickshire)
      'Beautiful Britain in Bloom' Working Parties (Stratford-upon-Avon and Southam)
      Bishopton Community Centre Management Committee
      Cotswolds Area of Outstanding Natural Beauty Joint Advisory Committee
      Coventry Airport Consultative Committee
      Coventry Post Office Advisory Committee
      Coventry Telecom Advisory Committee
      English Music Festival Management Committee
      Forest of Arden Management Committee
      Greig Centre Management Committee (Alcester)
      Heart of England Tourist Board and Executive Committee
      King Edwards School (Stratford-on-Avon)
                     Midland Joint Advisory Council for Environmental Protection
      Local Government Association:-
                     General Assembly
                     Standing Committees
                     Urban and Rural Steering Committee
                     Panels
                     Task Groups
      National Housing & Town Planning Council Midland Regional Executive
                     Committee
      Relate - South Warwickshire
      River Arrow Nature Reserve Management Group
      Shakespeare Birthday Celebrations Committee
      Shakespeare Birthplace Trust
      Shipston Pool Users Group
      Southam Community Hall Stewards' Committee
      Southam Pool Users Group
      South Warwickshire Business Partnership Board Meeting
      South Warwickshire Housing Association
      South Warwickshire Tourism Ltd, Board Meetings
      Stratford District Victim Support
      Stratford-on-Avon District Area Community Education Council
      Stratford-on-Avon District Joint Transport Panel
      Stratford-on-Avon Leisure Advisory Panel - The Gallery
      Stratford-on-Avon Leisure Centre Users Association
      Stratford-upon-Avon College Corporation
      Stratford-upon Avon Festival Company Limited Board and Council of
      Management
      Stratford-upon-Avon and District Citizen's Advice Bureau
      Studley Pool Panel
      The Depot
      University of Birmingham - University Court
      University of Warwick
      Warwickshire Community Safety Partnership
      Warwickshire Councils' Association -
                     Council, Committees, Assemblies, Sub-Committees,


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            Panels, Working Groups
Warwickshire County Council Divisional Panel Meetings
Warwickshire County Council Superannuation Consultative Panel
Warwickshire County Council Superannuation Fund Investment Board
Warwickshire Enterprise Agency
Warwickshire Environment Protection Council
Warwickshire Industrial and Employment Development Panel
Warwickshire Olympics Organising Committee
Warwickshire Playing Fields Association Executive Council
Warwickshire Rural Community Council - Best Kept Village Competition
Warwickshire Rural Community Council - Best Kept Village Competition
               Judging Committee
Warwickshire Rural Community Council - Executive Committee
Warwickshire Rural Community Council - Meetings
Waste Management Forum
West Midlands Council for Sport and Recreation
West Midlands Provincial Council Employers' side
West Midlands Local Government Association and its Committees, Panels and
            Task Groups
West Midlands Regional Arts Board
West Midlands Regional Museums Council
West Midlands Territorial Army Volunteer Reserve
Women’s Royal Voluntary Service (WRVS)




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