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Session 2008 - 09
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Parliamentary Standards Bill


Parliamentary Standards Bill

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10      

Proceedings in Parliament

No enactment or rule of law which prevents proceedings in Parliament being

impeached or questioned in any court or place out of Parliament is to

prevent—

(a)   

the IPSA from carrying out any of its functions;

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(b)   

the Commissioner from carrying out any of the Commissioner’s

functions;

(c)   

any evidence from being admissible in proceedings against a member

of the House of Commons for an offence under section 9.

Final provisions

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11      

Further functions of the IPSA and Commissioner

(1)   

The Speaker, after consulting the Commissioner and the House of Commons

Committee on Standards and Privileges, may agree with the IPSA that the

IPSA is to carry out any registration function specified in the agreement

(whether relating to a matter arising before or after the agreement is made or

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the date this Act is passed).

(2)   

The IPSA is to carry out the registration function accordingly.

(3)   

“Registration function” means a function—

(a)   

which is a function of the Parliamentary Commissioner for Standards

on the date this Act is passed,

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(b)   

which relates to registration, and

(c)   

which the IPSA could not carry out under any other provision of this

Act.

(4)   

The Speaker, after consulting the IPSA and the House of Commons Committee

on Standards and Privileges, may agree with the Commissioner that the

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Commissioner is to carry out any relevant function specified in the agreement

(whether relating to a matter arising before or after the agreement is made or

the date this Act is passed).

(5)   

The Commissioner is to carry out the relevant function accordingly.

(6)   

“Relevant function” means a function—

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(a)   

which is a function of the Parliamentary Commissioner for Standards

on the date this Act is passed, and

(b)   

which the Commissioner could not carry out under any other provision

of this Act.

(7)   

The Speaker must lay an agreement under subsection (1) or (4) before the

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House of Commons.

(8)   

The agreement does not come into effect until it is approved by a resolution of

the House of Commons.

(9)   

In this section “the Speaker” means the Speaker of the House of Commons.

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Interpretation

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(1)   

In this Act—

“the Commissioner” has the meaning given by section 1(3);

 
 

Parliamentary Standards Bill

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“IPSA” has the meaning given by section 1(1);

“the Leader of the House of Commons” means the Minister of the Crown

who is for the time being designated as Leader of the House of

Commons by the Prime Minister;

“the Leader of the House of Lords” means the Minister of the Crown who

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is for the time being designated as Leader of the House of Lords by the

Prime Minister;

“Minister of the Crown” has the same meaning as in the Ministers of the

Crown Act 1975 (c. 26);

“the MPs’ allowances scheme” has the meaning given by section 3(2);

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“the MPs’ financial interests rules” has the meaning given by section 5(2);

“specified” includes of a specified description.

(2)   

In this Act any reference to a particular committee of the House of Commons—

(a)   

if the name of the committee is changed, is to be treated as a reference

to the committee by its new name, and

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(b)   

if the functions of the committee (or substantially corresponding

functions) become functions of a different committee of that House, is

to be treated as a reference to the committee by which those functions

are exercisable.

(3)   

In this Act any reference to the Review Body on Senior Salaries—

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(a)   

if the name of the body is changed, is to be treated as a reference to the

body by its new name, and

(b)   

if the functions of the body (or substantially corresponding functions)

become functions of a different body, is to be treated as a reference to

the body by which those functions are exercisable.

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(4)   

Any question arising under subsection (2) or (3) is to be determined by the

Speaker of the House of Commons.

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Power to make transitional etc provision

(1)   

A Minister of the Crown may by order make supplementary, incidental,

transitional, transitory or saving provision in connection with this Act.

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(2)   

An order under this section may provide—

(a)   

that the House of Commons’ rules about members’ allowances have

effect for specified purposes as if contained in a scheme under section 3,

(b)   

that its rules about the registration of members’ interests have effect for

specified purposes as if contained in rules under section 5(7),

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(c)   

that its rules about the declaration of members’ interests have effect for

specified purposes as if contained in rules under section 5(8), and

(d)   

that its rules about the matters mentioned in section 5(10) have effect

for specified purposes as if contained in rules under that section.

(3)   

The purposes which may be specified do not include the purposes of section 9

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(offences).

(4)   

The order may provide for references in the rules to an officer or committee of

the House of Commons to have effect as references to the Commissioner or the

IPSA.

(5)   

An order under this section may provide for the Commissioner and the IPSA

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to carry out their functions under this Act in relation to matters arising under

 
 

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the rules before the order comes into force (including matters arising before the

date on which this Act is passed).

(6)   

If it does so, the order must require the Commissioner and the IPSA to deal

with any question about the conduct of a member of the House of Commons at

a particular time on the basis of the rules having effect at that time.

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(7)   

An order under this section may provide that payments of allowances made to

a member of the House of Commons, to which the member was not entitled

under the rules mentioned in subsection (2)(a), may be set off against other

claims for allowances to be paid to that member.

(8)   

An order under this section may provide—

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(a)   

for the employment of persons of a specified description who are

employed in connection with matters dealt with by the rules to be

transferred to the IPSA by a scheme,

(b)   

for specified property, rights and liabilities which subsist wholly or

mainly for the purposes of the House of Commons to be transferred to

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the IPSA by a scheme, and

(c)   

for specified documents and information held by or on behalf of the

House of Commons (or an officer or committee of that House) to be

transferred to the Commissioner or the IPSA.

(9)   

A scheme made by virtue of subsection (8) is to be made by a Minister of the

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Crown with the consent of the person who chairs the House of Commons

Commission.

(10)   

An order under this section is to be made by statutory instrument.

(11)   

A statutory instrument containing an order under this section is subject to

annulment in pursuance of a resolution of either House of Parliament.

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(12)   

In this section—

“the rules” means the rules of the House of Commons mentioned in

subsection (2),

“rules” includes resolutions, standing orders, codes, schemes, and

guidance.

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14      

Short title and commencement

(1)   

This Act may be cited as the Parliamentary Standards Act 2009.

(2)   

The following provisions of this Act come into force on the day it is passed—

(a)   

section 12;

(b)   

section 13;

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(c)   

this section.

(3)   

The other provisions come into force on the day appointed by a Minister of the

Crown by order made by statutory instrument; and different days may be

appointed for different purposes.

 
 

Parliamentary Standards Bill
Schedule 1 — Independent Parliamentary Standards Authority
Part 1 — Members of the IPSA

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Schedules

Schedule 1

Section 1

 

Independent Parliamentary Standards Authority

Part 1

Members of the IPSA

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Membership

1     (1)  

The IPSA is to consist of the following members—

(a)   

one member who is to chair it (“the chair”) appointed in accordance

with paragraph 2, and

(b)   

four other members (referred to in this Schedule as “ordinary

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members”) appointed in accordance with that paragraph.

      (2)  

At least one of the members of the IPSA must be a person who holds or has

held high judicial office (within the meaning of Part 3 of the Constitutional

Reform Act 2005 (c. 4)).

      (3)  

At least one of the members of the IPSA must be a person who is qualified

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under Schedule 3 to the National Audit Act 1983 (c. 44) to be an auditor for

the National Audit Office.

      (4)  

One of the members of the IPSA (“the Parliamentary member”) must be a

person who has been (but is no longer) a member of the House of Commons.

      (5)  

Apart from the Parliamentary member, a person who has been a member of

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the House of Commons at any time within the last five years may not be a

member of the IPSA.

Appointment of chair and ordinary members

2     (1)  

The chair of the IPSA is to be appointed by Her Majesty on an address of the

House of Commons.

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      (2)  

An ordinary member of the IPSA is to be appointed by Her Majesty on an

address of the House of Commons.

      (3)  

A motion for an address under sub-paragraph (1) or (2) may be made only

with the agreement of the Speaker.

      (4)  

The person the subject of the motion must have been selected by the Speaker

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on merit on the basis of fair and open competition.

      (5)  

The Speaker must not select a candidate without the agreement of the

Speaker’s Committee for the Independent Parliamentary Standards

Authority.

 

 

Parliamentary Standards Bill
Schedule 1 — Independent Parliamentary Standards Authority
Part 1 — Members of the IPSA

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Terms and conditions: general

3     (1)  

Subject to the provisions of this Schedule, the chair of the IPSA and the

ordinary members of the IPSA hold office in accordance with the terms and

conditions of their appointment.

      (2)  

Those terms and conditions are to be determined by the Speaker.

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Term of office

4     (1)  

The chair of the IPSA is to be appointed for a fixed term not exceeding five

years.

      (2)  

The ordinary members of the IPSA are to be appointed for a fixed term not

exceeding five years.

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      (3)  

A person who has held office as a member of the IPSA (whether as the chair

or an ordinary member) may be re-appointed as a member once only, for a

further period (whether consecutive or not) not exceeding three years.

Resignation and removal from office

5     (1)  

The chair of the IPSA may resign from office by giving written notice to the

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Speaker.

      (2)  

An ordinary member of the IPSA may resign from office by giving written

notice to the Speaker.

      (3)  

Her Majesty may remove the chair of the IPSA from office on an address of

both Houses of Parliament.

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      (4)  

Her Majesty may remove an ordinary member of the IPSA from office on an

address of both Houses of Parliament.

      (5)  

A motion for an address under sub-paragraph (3) or (4) may be made—

(a)   

in the House of Commons, only by the Leader of the House of

Commons, and

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(b)   

in the House of Lords, only by the Leader of the House of Lords.

      (6)  

A person who ceases to hold office as the chair of the IPSA also ceases to be

a member of the IPSA.

Remuneration

6     (1)  

The terms and conditions on which a person is appointed as the chair of the

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IPSA or as an ordinary member of the IPSA 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.

Code of conduct

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7     (1)  

The IPSA must issue, and may from time to time revise, a code of conduct

for its members.

      (2)  

The code must in particular—

 
 

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

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(a)   

incorporate the Nolan principles or such other similar principles as

may be adopted by the IPSA from time to time, and

(b)   

include provision about the disclosure of interests by the members of

the IPSA.

      (3)  

“The Nolan principles” means the seven general principles of public life set

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out in the First Report of the Committee on Standards in Public Life

(Cm 2850).

Disqualification

8     (1)  

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975

(c. 24) (bodies of which all members are disqualified), at the appropriate

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place insert—

“The Independent Parliamentary Standards Authority.”

      (2)  

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification

Act 1975 (c. 25) (bodies of which all members are disqualified), at the

appropriate place insert—

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“The Independent Parliamentary Standards Authority.”

Part 2

The IPSA

Status

9     (1)  

The IPSA, its members and its staff are not to be regarded—

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(a)   

as the servants or agents of the Crown, or

(b)   

as enjoying any status, immunity or privilege of the Crown.

      (2)  

The IPSA’s property is not to be regarded as property of, or property held

on behalf of, the Crown.

Efficiency

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10         

The IPSA must aim to do things efficiently and cost-effectively.

Powers

11         

The IPSA may do anything (except borrow money) which is calculated to

facilitate the carrying out of its functions or is incidental or conducive to the

carrying out of those functions.

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Committees

12    (1)  

The IPSA may establish any committees which it considers appropriate.

      (2)  

Any committee of the IPSA established under sub-paragraph (1) may

establish one or more sub-committees.

      (3)  

All members of a committee or sub-committee must be members of the

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IPSA.

 
 

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

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Procedure and proceedings

13    (1)  

The IPSA is to regulate its own procedure, and the procedure of its

committees and sub-committees (including quorums).

      (2)  

The validity of the proceedings of the IPSA, or of any of its committees or

sub-committees, is not affected by—

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(a)   

a vacancy among the members, or

(b)   

a defect in the appointment of a member.

Staff

14    (1)  

The IPSA must appoint a chief executive (see paragraph 17).

      (2)  

The IPSA may appoint other staff.

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      (3)  

The chief executive and other staff are to be appointed on terms and

conditions determined by the IPSA, having regard to the desirability of

keeping them broadly in line with those applying to persons employed in

the civil service of the State.

15    (1)  

The Speaker may appoint a person (“the interim chief executive”) to be the

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IPSA’s chief executive until a chief executive is appointed by the IPSA.

      (2)  

The interim chief executive may incur expenditure and do other things in the

name of and on behalf of the IPSA.

      (3)  

The interim chief executive must act in accordance with any directions given

by the Speaker or, when the IPSA has been constituted, by the IPSA.

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      (4)  

The powers given by sub-paragraph (2)—

(a)   

may be used before and after the IPSA has been constituted, but

(b)   

come to an end at a time determined by the IPSA.

Staff pensions

16    (1)  

Employment by the IPSA is included among the kinds of employment to which a

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scheme under section 1 of the Superannuation Act 1972 (c. 11) may apply.

      (2)  

The IPSA must pay to the Minister for the Civil Service the sums determined

by the Minister in relation to any increase attributable to this paragraph in

the sums payable out of money provided by Parliament under that Act.

      (3)  

In Schedule 1 to the Superannuation Act 1972 (kinds of employment to

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which a scheme under section 1 of the Act may apply), in the list of “Other

bodies” insert at the appropriate place—

“Independent Parliamentary Standards Authority.”

Separation of administration functions and regulation functions

17    (1)  

The IPSA’s administration functions are to be carried out by the chief

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executive on behalf of the IPSA and in accordance with its general directions.

      (2)  

So far as possible the IPSA’s administration functions and its regulation

functions must be carried out separately, so that one set of functions does not

adversely affect the carrying out of the other.

 
 

 
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