Consolidate and amend provisions about the House of Commons Members’
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
(1) There shall continue to be a House of Commons Members’ Fund.
(2) The purpose of the Fund is to make grants to—
(a) former Members of the House of Commons, and
people who appear to the Fund’s trustees to be or to have been
dependants of former Members.
(3) The Fund shall be held—
(a) by the trustees, or
if they appoint one of their number as a custodian trustee, by that
The trustees of the Fund shall be appointed by resolution of the House of
(2) There are to be not more than 7 trustees at any time.
The trustees must be Members of the House of Commons (subject to subsection
At any time one trustee may be a former Member of the House of Commons;
and a resolution appointing a trustee under this subsection must be made—
(a) on a motion moved by a trustee, and
following consultation by the trustees with persons appearing to them
to be representative of former Members.
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While a former Member is a trustee, grants under section 3 may not be made
to the former Member or to a dependant of the former Member.
(6) A person ceases to be a trustee upon—
ceasing to be a Member of the House of Commons (unless appointed
under subsection (4)), or
(b) removal by resolution of the House of Commons.
The Schedule to this Act makes provision about the powers and proceedings
of the trustees.
The trustees may make payments out of the Fund to people listed in section
In determining whether to make payments to a person the trustees shall have
(a) his or her financial circumstances, and
(b) the state of the Fund.
(3) Payments may be single or periodical.
Amounts shall be deducted from the salaries of Members of the House of
Commons in accordance with this section.
The amounts to be deducted in respect of each financial year shall be set by
resolution of the House of Commons.
(3) A resolution may express a deduction as—
(a) a specified sum, or
(b) a specified percentage of salary.
A resolution may not have the effect of requiring any Member to pay more
than 0.2% of his or her salary for any financial year.
(5) Amounts to be deducted in respect of a financial year—
are to be deducted from Members’ salaries (before payment) in equal
(b) are to be paid into the Fund.
The trustees may by direction increase the amounts set by resolution under
section 4 in respect of a specified financial year by the percentage applied for
the purposes of Part I of the Pensions (Increase) Act 1971 in respect of that
The trustees may by direction suspend deductions under section 4 while they
believe that the Fund has sufficient assets to meet demands on it.
When a suspension is lifted, deductions resume (but without adjustment to
recover amounts not collected during the suspension).
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A resolution under section 4 may be varied, replaced or revoked by a later
A resolution under section 4 must be made on a motion moved by a person
who is both a Member of the House of Commons and a trustee of the Fund.
(3) A resolution under section 4 may relate to—
(a) the financial year in which it is passed,
(b) one or more specified future financial years,
(c) future financial years in general, or
(d) a combination.
Where a resolution under section 4 or a direction under section 5(1) takes effect
in respect of the financial year during which it is passed, payments for the
remainder of the year shall be adjusted so as to—
(a) give effect to the resolution or direction, and
(b) produce equal instalments for the remainder of the year.
Section 2 of the Statutory Instruments Act 1946 (numbering and printing) shall
apply to resolutions under section 4.
(6) A direction under section 5—
(a) may be replaced or revoked by a later resolution,
(b) remains in force despite changes in the trustees, and
(c) must be published by the trustees as soon as reasonably practicable.
(1) The Treasury may make payments into the House of Commons Members’ Fund.
(2) The amount paid in a financial year shall not exceed £215,000.
In determining whether to make a payment the Treasury shall have regard
(a) the state of the Fund, and
the trustees’ opinion as to whether a payment is required in order to
allow the Fund to meet present or expected future demands.
(4) The trustees may surrender to the Treasury amounts which in the trustees’ opinion—
(a) are attributable to sums paid to the Fund under subsection (1), and
are not required in order to allow the Fund to meet present or expected future
(5) Payments under subsection (1) shall be paid out of money provided by Parliament.
(6) Payments under subsection (4) shall be paid into the Consolidated Fund.
The Treasury may by order amend the sum specified in subsection (2); and an
(a) shall be made by statutory instrument, and
shall be subject to annulment in pursuance of a resolution of the House
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In section 620 of the Income Tax (Earnings and Pensions) Act 2003 (meaning of
“House of Commons Members’ Fund” for “established by section 1 of the
House of Commons Members’ Fund Act 1939 (c.49)1939 (c.49)” substitute “specified in
section 1 of the House of Commons Members’ Fund Act 2013”.
In section 613 of the Income and Corporation Taxes Act 1988 (parliamentary
in subsection (1) for “amounts deducted in pursuance of section 1 of the
House of Commons Members’ Fund Act 1939” substitute “amounts
deducted in pursuance of section 4 of the House of Commons
Members’ Fund Act 2013”;
(b) omit subsection (2); and
in subsection (4)(a) for “established under section 1 of the House of that
Act of 1939” substitute “specified in section 1 of the 2013 Act”.
(1) The following enactments are repealed—
(a) the House of Commons Members’ Fund Act 1939;
(b) the House of Commons Members’ Fund Act 1948;
(c) the House of Commons Members’ Fund Act 1957;
(d) the House of Commons Members’ Fund Act 1962;
the House of Commons Members’ Fund and Parliamentary Pensions
(f) section 12 of the Parliamentary Pensions etc. Act 1984; and
(g) section 7 of the Ministerial and other Pensions and Salaries Act 1991.
The reference in section 7(4)(a) to sums paid under section 7(1) includes a
reference to sums paid under section 1 of the House of Commons Members’
Fund Act 1957.
This Act comes into force at the end of the period of two months beginning
with the date of Royal Assent.
(2) This Act extends to the United Kingdom.
(3) This Act may be cited as the House of Commons Members’ Fund Act 2013.
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1 The trustees may accept gifts or bequests.
The trustees may employ staff and incur any other expenses that they think
necessary or expedient.
3 The trustees’ expenses shall be met from the Fund.
4 The trustees may invest money forming part of the Fund as they think fit.
5 (1) The trustees may act by a majority of those present at a meeting.
(2) The quorum at a meeting of the trustees shall be 3.
(3) In other respects the trustees shall determine their own procedure.
The trustees must make arrangements to keep confidential the identity of
recipients of grants from the Fund.
Each trustee and former trustee shall be indemnified out of the Fund against
any action, claim, cost, losses, damages and expenses arising out of anything
done or omitted to be done by the trustee in the performance or purported
performance of the trustee’s functions.
This subsection shall not apply to acts or omissions that are dishonest, in bad
faith or reckless (and the Fund may not be used to buy insurance for such
The trustees shall make such arrangement for the maintenance and
publication of accounts as they think proper (which may include
examination by the Comptroller and Auditor-General and laying before the
House of Commons).
The trustees may ask the Government Actuary to report to the trustees on
the position of the Fund; and the trustees shall make such arrangements for
the publication of reports as they think proper (which may include laying
before the House of Commons).