Parliamentary Standards Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Parliamentary Standards Bill

Parliamentary Standards Bill
Schedule 1 — Independent Parliamentary Standards Authority
Part 2 — The IPSA
14

      (3)
The IPSA must make such arrangements as it considers necessary to ensure
that.
Meaning of “administration functions” and “regulation functions”
18    (1)
The IPSA’s administration functions are its functions under—
(a)
section 2 (payment of MPs’ salaries),
5
(b)
section 3(1) (payment of MPs’ allowances),
(c)
section 4 (dealing with allowances claims),

and the function of maintaining and publishing the register under section 5.
      (2)
The IPSA’s regulation functions are its functions under—
(a)
section 3(3) to (5) (preparing and revising MPs’ allowances scheme),
10
(b)
section 5 (preparing and revising MPs’ financial interests rules)
(except as mentioned in sub-paragraph (1) above),
(c)
section 7(5) (determining procedures for investigations etc), and
(d)
section 8 (directions and recommendations).
Delegation
15
19    (1)
The IPSA may delegate functions to—
(a)
any of its members,
(b)
any committee established by it, and
(c)
any of its staff.
      (2)
But the IPSA may not delegate—
20
(a)
its regulation functions, and
(b)
its function under paragraph 14(1) (appointment of chief executive).
      (3)
A committee may delegate functions (including functions delegated to it)
to—
(a)
a sub-committee, or
25
(b)
any of the IPSA’s staff.
      (4)
The chief executive of the IPSA may delegate to any of the IPSA’s staff—
(a)
functions exercisable by the chief executive under paragraph 17, and
(b)
functions delegated to the chief executive under this paragraph.
Contracting-out of payment functions
30
20    (1)
The IPSA’s payment functions may be carried out by—
(a)
any person authorised by the chief executive, or
(b)
an employee of a person so authorised.
      (2)
The chief executive may authorise a person to carry out payment
functions—
35
(a)
to their full extent or to a specified extent;
(b)
in all cases or in specified cases;
(c)
unconditionally or subject to specified conditions.
      (3)
An authorisation under sub-paragraph (1) may be revoked at any time by
the IPSA or the chief executive.
40
      (4)
The IPSA’s payment functions are the functions of—

Parliamentary Standards Bill
Schedule 1 — Independent Parliamentary Standards Authority
Part 2 — The IPSA
15

(a)
paying salaries under section 2, and
(b)
paying allowances in accordance with the MPs’ allowances scheme,

(but not the function of determining claims for allowances or of agreeing
repayments).
Delegation and contracting out of pension functions
5
21    (1)
Section 1(2) of the Superannuation Act 1972 (c. 11) (delegation of functions
relating to civil service superannuation schemes by Minister for the Civil
Service to another officer of the Crown etc) has effect as if the reference to an
officer of the Crown other than a Minister included a reference to the IPSA’s
chief executive.
10
      (2)
Any pension function conferred on the chief executive under section 1(2) of
the Superannuation Act 1972 (in accordance with sub-paragraph (1)) may be
carried out by—
(a)
any person authorised by the chief executive, or
(b)
an employee of a person so authorised.
15
      (3)
“Pension function” means a function of administering schemes made under
section 1 of that Act, and from time to time in force.
      (4)
Under sub-paragraph (2), the chief executive may authorise a person to
exercise pension functions—
(a)
to their full extent or to a specified extent;
20
(b)
in all cases or in specified cases;
(c)
unconditionally or subject to specified conditions.
      (5)
An authorisation under sub-paragraph (2)—
(a)
is to be treated for all purposes as given by virtue of an order under
section 69 of the Deregulation and Contracting Out Act 1994 (c 40)
25
(contracting out of functions of Ministers and office-holders), and
(b)
may be revoked at any time by the IPSA or the chief executive.
Funding
22    (1)
The IPSA’s expenditure is to be paid out of money provided by Parliament.
      (2)
For each financial year (other than its first financial year) the IPSA must
30
prepare an estimate of the IPSA’s use of resources and submit it to the
Speaker’s Committee for the Independent Parliamentary Standards
Authority.
      (3)
The Committee must review the estimate and decide whether it is satisfied
that the estimate is consistent with the efficient and cost-effective discharge
35
by the IPSA of its functions.
      (4)
If it is not satisfied, the Committee must make such modifications as it
considers necessary to achieve consistency.
      (5)
Before deciding whether it is satisfied or making modifications, the
Committee must consult the Treasury and have regard to any advice given.
40
      (6)
After reviewing the estimate and making any modifications, the Committee
must lay the estimate before the House of Commons.

Parliamentary Standards Bill
Schedule 1 — Independent Parliamentary Standards Authority
Part 2 — The IPSA
16

      (7)
If the Committee does not follow any advice given by the Treasury, or makes
any modifications to the estimate, it must prepare a statement of its reasons
and lay the statement before the House of Commons.
      (8)
Any repayments received by the IPSA may be retained by the IPSA and
applied by it for the purposes of its functions.
5
Accounts
23    (1)
The IPSA must keep proper accounting records.
      (2)
The IPSA must, for each financial year, prepare accounts in accordance with
directions given to it by the Treasury.
      (3)
The directions which the Treasury may give under sub-paragraph (2)
10
include, in particular, directions as to—
(a)
the information to be contained in the accounts and the manner in
which it is to be presented,
(b)
the methods and principles in accordance with which the accounts
are to be prepared, and
15
(c)
the additional information (if any) that is to accompany the accounts.
      (4)
The chief executive of the IPSA is to be its accounting officer.
Audit
24    (1)
The IPSA must, as soon as practicable after the end of any financial year,
submit the accounts prepared by it for that year to the Comptroller and
20
Auditor General.
      (2)
The Comptroller and Auditor General must—
(a)
examine and certify any accounts submitted under sub-paragraph
(1), and
(b)
lay before each House of Parliament a copy of the certified accounts.
25
Annual report
25    (1)
As soon as practicable after the end of each financial year, the IPSA must
prepare and lay before each House of Parliament a report about the
performance of the IPSA’s functions during that financial year.
      (2)
On laying such a report, the IPSA must publish it in such manner as it
30
considers appropriate.
Documentary evidence
26    (1)
The application of the seal of the IPSA is to be authenticated by the signature
of any member of the IPSA, or of its staff, who has been authorised (whether
generally or specifically) by the IPSA for the purpose.
35
      (2)
A document purporting to be duly executed under the seal of the IPSA or
signed on its behalf—
(a)
is to be received in evidence, and
(b)
is to be taken to be executed or signed in that way, unless the
contrary is proved.
40
      (3)
This paragraph does not extend to Scotland.

Parliamentary Standards Bill
Schedule 2 — Commissioner for Parliamentary Investigations
17

Freedom of information
27    (1)
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (other
public bodies and offices which are public authorities) at the appropriate
place insert—
“The Independent Parliamentary Standards Authority.”
5
      (2)
In adopting or reviewing a publication scheme under section 19 of that Act,
the IPSA must consult—
(a)
the Leader of the House of Commons,
(b)
the Speaker, and
(c)
the House of Commons Committee on Standards and Privileges.
10
Public records
28
In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public
records) at the appropriate place in Part 2 of the Table at the end of
paragraph 3 insert—
“The Independent Parliamentary Standards Authority.”
15
Interpretation
29    (1)
In this Schedule “financial year” means—
(a)
the period beginning with the day on which the IPSA is established
and ending with the next following 31 March, and
(b)
each successive period of 12 months.
20
      (2)
In this Schedule—
“administration functions” has the meaning given by paragraph 18(1),
“regulation functions” has the meaning given by paragraph 18(2), and
“the Speaker” means the Speaker of the House of Commons.
Schedule 2
25
Section 1

Commissioner for Parliamentary Investigations
Appointment of Commissioner
1     (1)
The Commissioner is to be appointed by Her Majesty on an address of the
House of Commons.
      (2)
A motion for an address under sub-paragraph (1) may be made only with
30
the agreement of the Speaker.
      (3)
The person the subject of the motion must have been selected by the Speaker
on merit on the basis of fair and open competition.
      (4)
The Speaker must not select a candidate without the agreement of the
Speaker’s Committee for the Independent Parliamentary Standards
35
Authority.

Parliamentary Standards Bill
Schedule 2 — Commissioner for Parliamentary Investigations
18

Terms and conditions: general
2     (1)
Subject to the provisions of this Schedule, the Commissioner holds office in
accordance with the terms and conditions of the Commissioner’s
appointment.
      (2)
Those terms and conditions are to be determined by the Speaker.
5
Term of office
3     (1)
The Commissioner is to be appointed for a fixed term not exceeding five
years.
      (2)
A person appointed as the Commissioner may not be appointed again.
Resignation and removal from office
10
4     (1)
The Commissioner may resign from office by giving written notice to the
Speaker.
      (2)
Her Majesty may remove the Commissioner from office on an address of
both Houses of Parliament.
      (3)
A motion for such an address may be made—
15
(a)
in the House of Commons, only by the Leader of the House of
Commons, and
(b)
in the House of Lords, only by the Leader of the House of Lords.
Remuneration
5     (1)
The terms and conditions on which a person is appointed as the
20
Commissioner may provide for the IPSA—
(a)
to pay remuneration and allowances to the person;
(b)
to make provision for a pension in relation to that person.
      (2)
The IPSA must make the payment or provision accordingly.
Status
25
6     (1)
The Commissioner is not to be regarded—
(a)
as the servant or agent of the Crown, or
(b)
as enjoying any status, immunity or privilege of the Crown.
      (2)
The Commissioner’s property is not to be regarded as property of, or
property held on behalf of, the Crown.
30
Funding
7     (1)
The IPSA must provide the Commissioner with adequate resources for the
Commissioner’s functions.
      (2)
In particular, the IPSA is responsible for providing staff to assist in the
carrying out of those functions.
35

Parliamentary Standards Bill
Schedule 3 — Speaker’s Committee for the Independent Parliamentary Standards Authority
19

Annual report
8     (1)
As soon as practicable after the end of each financial year, the Commissioner
must prepare and lay before each House of Parliament a report about the
performance of the Commissioner’s functions during that financial year.
      (2)
On laying such a report, the Commissioner must publish it in such manner
5
as the Commissioner considers appropriate.
      (3)
“Financial year” means—
(a)
the period beginning with the day on which a Commissioner is first
appointed and ending with the next following 31 March, and
(b)
each successive period of 12 months.
10
Disqualification
9     (1)
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(c. 24) (other disqualifying offices), at the appropriate place insert—
“Commissioner for Parliamentary Investigations.”
      (2)
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification
15
Act 1975 (c. 25) (other disqualifying offices), at the appropriate place insert—
“Commissioner for Parliamentary Investigations.”
Freedom of information
10
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (other
public bodies and offices which are public authorities) at the appropriate
20
place insert—
“Commissioner for Parliamentary Investigations.”
Public records
11
In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public
records) at the appropriate place in Part 2 of the Table at the end of
25
paragraph 3 insert—
“Commissioner for Parliamentary Investigations.”
Interpretation
12
In this Schedule “the Speaker” means the Speaker of the House of Commons.
Schedule 3
30
Section 1

Speaker’s Committee for the Independent Parliamentary Standards Authority
Membership
1
The members of the Speaker’s Committee for the Independent
Parliamentary Standards Authority (“the Committee”) are—
(a)
the Speaker of the House of Commons,
35
(b)
the Leader of the House of Commons,

Parliamentary Standards Bill
Schedule 3 — Speaker’s Committee for the Independent Parliamentary Standards Authority
20

(c)
the person who chairs the House of Commons Committee on
Standards and Privileges, and
(d)
five members of the House of Commons who are not Ministers of the
Crown, appointed by the House of Commons.
Term of office
5
2     (1)
A person appointed under paragraph 1(d) (“an appointed member”) ceases
to be a member of the Committee if—
(a)
another person is appointed in the person’s place, or
(b)
the person ceases to be a member of the House of Commons.
      (2)
An appointed member may resign from the Committee by giving notice to
10
the Committee.
      (3)
Except as provided by this paragraph, an appointed member is a member of
the Committee for the remainder of the Parliament in which the person is
appointed.
      (4)
An appointed member may be re-appointed (more than once) to
15
membership of the Committee.
Committee proceedings
3     (1)
The Committee may determine its own procedure (including quorum).
      (2)
The validity of any proceedings of the Committee is not affected by—
(a)
a vacancy among the members, or
20
(b)
a defect in the appointment of a member.