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(a)	prepare a report about the performance of the Compliance Officer’s

functions during that financial year, and

(b)	send the report to the IPSA.

(2)	The IPSA must send the report to the Speaker of the House of Commons, who

must lay it before each House of Parliament.

(3)	When the Speaker lays the report, the Compliance Officer must publish it in

such manner as the Compliance Officer considers appropriate.

(4)	“Financial year” means—

(a)	the period beginning with the day on which a Compliance Officer is

first appointed and ending with the next following 31 March, and

(b)	each successive period of 12 months.

Vacancy in office of Compliance Officer

9    (1)

This paragraph applies if the office of Compliance Officer is vacant.

(2)	The IPSA may authorise a member of the IPSA’s staff provided under

paragraph 7(2) to carry out the functions of the Compliance Officer during the

vacancy.

(3)	In relation to a vacancy of more than six months, the functions of the

Compliance Officer may not be carried out by virtue of sub-paragraph (2) after

the first six months.

Disqualification

10  (1)

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975

(other disqualifying offices) at the appropriate place insert—

“Compliance Officer for the Independent Parliamentary Standards

Authority.”

(2)	In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act

1975 (other disqualifying offices) at the appropriate place insert—

“Compliance Officer for the Independent Parliamentary Standards

Authority.”

Freedom of information

11	In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public

bodies and offices which are public authorities) at the appropriate place

insert—

“Compliance Officer for the Independent Parliamentary Standards

Authority.”

Public records

12	In Schedule 1 to the Public Records Act 1958 (definition of public records) at

the appropriate place in Part 2 of the Table at the end of paragraph 3 insert—

“Compliance Officer for the Independent Parliamentary Standards

Authority.””.’.

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Constitutional Reform and Governance Bill, continued

Secretary Jack Straw

NS7

To move the following Schedule:—

‘schedule

Parliamentary Standards Act 2009: new Schedule 4

“Schedule 4

Enforcement

Part 1

Recovery of overpayments

Power to give repayment direction

1    (1)

This paragraph applies where the Compliance Officer—

(a)	has conducted an investigation in respect of a member of

the House of Commons under section 9, and

(b)	has made findings under section 9(5) that the member was

paid an amount under the MPs’ allowances scheme (the

“overpayment”) that—

(i)	should not have been allowed, and

(ii)	has not been repaid.

(2)	The Compliance Officer must give the member a direction under

this paragraph (a “repayment direction”).

(3)	A repayment direction must require the member to pay to the IPSA

the amount of the overpayment before the end of the period

specified in the direction (the “repayment period”).

(4)	A repayment direction may also require the member to do one or

both of the following before the end of the repayment period—

(a)	pay to the IPSA interest on the overpayment, at the rate and

in relation to the period specified in the direction;

(b)	pay to the IPSA an amount reasonably representing the

costs incurred by the IPSA in relation to the overpayment,

including the costs of the Compliance Officer in

conducting the investigation.

(5)	The Compliance Officer must send a copy of the repayment

direction to the IPSA.

(6)	References in this Part of this Schedule to a member of the House

of Commons include a former member of that House.

(7)	In this Schedule “overpayment”, “repayment direction” and

“repayment period” have the meaning given by this paragraph (but

in relation to the repayment period, see further paragraph 4(3)).

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Constitutional Reform and Governance Bill, continued

The costs requirement

2    (1)

The IPSA must prepare guidance about the circumstances in which

the Compliance Officer should include in a repayment direction a

requirement under paragraph 1(4)(b).

(2)	The amount mentioned in paragraph 1(4)(b) is to be calculated by

the Compliance Officer in accordance with a scheme prepared by

the IPSA for that purpose.

(3)	Before preparing guidance under sub-paragraph (1) or a scheme

under sub-paragraph (2) the IPSA must consult the persons listed in

section 9A(6).

Appeal against repayment direction

3    (1)

A member who has been given a repayment direction under

paragraph 1 may appeal to the First-tier Tribunal against—

(a)	the Compliance Officer’s findings under section 9(5);

(b)	a requirement contained in the repayment direction because

of paragraph 1(4).

(2)	An appeal under this paragraph must be brought before the end of

the period of 28 days beginning with the day on which the

repayment direction is sent to the member (unless the Tribunal

directs that it may be brought after the end of that period).

(3)	An appeal under this paragraph is by way of a rehearing.

(4)	On an appeal under this paragraph the Tribunal may—

(a)	allow the appeal in whole or in part, or

(b)	dismiss the appeal.

(5)	If the Tribunal allows the appeal (in whole or in part) it may—

(a)	revoke the repayment direction;

(b)	revoke or vary any requirement contained in the repayment

direction;

(c)	make any other order it thinks fit.

(6)	If the Tribunal dismisses the appeal it may make any other order it

thinks fit.

(7)	The Compliance Officer must notify the IPSA of the Tribunal’s

decision (and the result of any further appeal).

Extension of repayment period

4    (1)

The member may at any time before the end of the repayment

period make an application to the Compliance Officer for the

Compliance Officer to extend (or further extend) the repayment

period.

(2)	The Compliance Officer must notify the IPSA of any decision by

the Compliance Officer to extend (or further extend) the repayment

period.

(3)	If the Compliance Officer extends (or further extends) the

repayment period, references in this Schedule to the repayment

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period are to that period as extended (or further extended) by the

Compliance Officer.

(4)	The member may appeal to the First-tier Tribunal against the

Compliance Officer’s decision on an application under this

paragraph.

(5)	An appeal under this paragraph must be brought before the end of

the period of 28 days beginning with the day on which notice of the

decision is sent to the member (unless the Tribunal directs that it

may be brought after the end of that period).

(6)	The appeal is by way of a rehearing.

(7)	The Tribunal may—

(a)	allow the appeal in whole or in part, or

(b)	dismiss the appeal.

(8)	If the Tribunal allows the appeal (in whole or in part) it may—

(a)	revoke or vary the Compliance Officer’s decision;

(b)	make any other order it thinks fit.

(9)	If the Tribunal dismisses the appeal it may make any other order it

thinks fit.

(10)	The Compliance Officer must notify the IPSA of the Tribunal’s

decision (and the result of any further appeal).

Enforcement of repayment direction

5    (1)

This paragraph applies to any amount which a member is required

by a repayment direction to pay to the IPSA, but only when—

(a)	it is no longer possible for there to be a relevant appeal, and

(b)	all relevant appeals have been withdrawn or determined.

(2)	A relevant appeal is—

(a)	an appeal under paragraph 3 brought before the end of the

period mentioned in paragraph 3(2), or

(b)	a further appeal in relation to the repayment direction

which—

(i)	is brought before the end of the usual period for

bringing such an appeal, and

(ii)	is an appeal against the determination of an appeal

which was itself a relevant appeal.

(3)	The IPSA may recover the amount by making deductions from—

(a)	any salary payable to the member under section 4;

(b)	any allowances payable to the member under the MPs’

allowances scheme.

(4)	In England and Wales and Northern Ireland the amount is

recoverable, if a county court so orders on the application of the

Compliance Officer, as if it were payable under an order of that

court.

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(5)	In Scotland the amount is recoverable as if the repayment direction

were an extract registered decree arbitral bearing a warrant for

execution issued by the sheriff court of any sheriffdom in Scotland.

Part 2

Penalties

Power to impose penalties

6    (1)

If sub-paragraph (3) or (4) applies to a member of the House of

Commons, the Compliance Officer may by notice (a “penalty

notice”) impose a penalty on the member.

(2)	A “penalty” means a sum of money payable by the member to the

IPSA.

(3)	This sub-paragraph applies if the Compliance Officer has made a

finding under section 9(5) that the member has without reasonable

excuse failed to comply with a requirement under section 9(3)

(provision of information to Compliance Officer).

(4)	This sub-paragraph applies if the Compliance Officer is satisfied

that the member has without reasonable excuse failed to comply

with any requirement contained in a repayment direction.

(5)	The Compliance Officer must send a copy of the penalty notice to

the IPSA.

(6)	References in this Part of this Schedule to a member of the House

of Commons include a former member of that House.

(7)	In this Schedule “penalty notice” and “penalty” have the meanings

given by this paragraph.

Amount of penalty

7    (1)

The penalty notice must state the amount of the penalty.

(2)	The amount of the penalty must not exceed £1,000.

(3)	The amount in sub-paragraph (2) may be increased (or further

increased) by an order made by a Minister of the Crown.

(4)	An order under sub-paragraph (3) is to be made by statutory

instrument.

(5)	A statutory instrument containing an order under sub-paragraph (3)

may not be made unless a draft of the instrument has been laid

before and approved by a resolution of each House of Parliament.

Information to be contained in notice

8    (1)

The penalty notice must (as well as stating the amount of the

penalty) include information as to—

(a)	the reasons for imposing the penalty,

(b)	the period before the end of which the penalty is to be paid,

(c)	how the penalty may be paid,

(d)	the procedure and time limit for appealing,

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(e)	the effect of paragraph 12, and

(f)	any other matter specified by the IPSA.

(2)	Before specifying a matter the IPSA must consult the persons listed

in section 9A(6).

Guidance etc

9    (1)

The IPSA must prepare guidance about—

(a)	the circumstances in which the Compliance Officer should

impose a penalty under paragraph 6, and

(b)	how the Compliance Officer should determine the amount

of the penalty.

(2)	Before preparing the guidance the IPSA must consult the persons

listed in section 9A(6).

Review of penalty

10  (1)

The Compliance Officer may at any time review a decision to

impose a penalty on a member under paragraph 6.

(2)	Following the review the Compliance Officer may cancel the

penalty or reduce the amount of the penalty.

(3)	If the Compliance Office does either of those things, the

Compliance Officer must notify the IPSA.

(4)	If the penalty (or part of the penalty) has already been paid the IPSA

must repay the member accordingly.

Appeal against penalty

11  (1)

A member on whom a penalty has been imposed under paragraph 6

may appeal to the First-tier Tribunal.

(2)	An appeal under this paragraph must be brought before the end of

the period of 28 days beginning with the day on which the penalty

notice is sent to the member (unless the Tribunal directs that it may

be brought after the end of that period).

(3)	The appeal is by way of a rehearing.

(4)	On an appeal under this paragraph the Tribunal may—

(a)	allow the appeal and cancel the penalty,

(b)	allow the appeal and reduce the penalty, or

(c)	dismiss the appeal.

(5)	The Compliance Officer must notify the IPSA of the Tribunal’s

decision (and the result of any further appeal).

Enforcement of penalty

12  (1)

This paragraph applies to the amount of a penalty imposed on a

member under paragraph 6, but only when—

(a)	it is no longer possible for there to be a relevant appeal, and

(b)	all relevant appeals have been withdrawn or determined.

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(2)	A relevant appeal is—

(a)	an appeal under paragraph 11 brought before the end of the

period mentioned in paragraph 11(2), or

(b)	a further appeal in relation to the penalty notice which—

(i)	is brought before the end of the usual period for

bringing such an appeal, and

(ii)	is an appeal against the determination of an appeal

which was itself a relevant appeal.

(3)	The IPSA may recover the amount by making deductions from—

(a)	any salary payable to the member under section 4;

(b)	any allowances payable to the member under the MPs’

allowances scheme.

(4)	In England and Wales and Northern Ireland the amount is

recoverable, if a county court so orders on the application of the

Compliance Officer, as if it were payable under an order of that

court.

(5)	In Scotland the amount is recoverable as if the penalty notice were

an extract registered decree arbitral bearing a warrant for execution

issued by the sheriff court of any sheriffdom in Scotland.

Payment of penalty into Consolidated Fund

13	The IPSA must pay into the Consolidated Fund—

(a)	the amount of any penalty paid to the IPSA, and

(b)	where the IPSA makes a deduction under paragraph 12(3),

an amount corresponding to the amount of the

deduction.”.’.

Secretary Jack Straw

NS8

To move the following Schedule:—

‘Parliamentary standards: consequential amendments

1	The Parliamentary Standards Act 2009 (c. 13) is amended as follows.

2	In section 2(2) (effect of Act on House of Lords)—

(a)	omit paragraph (a),

(b)	omit “and” at the end of paragraph (b),

(c)	in paragraph (c) for “paragraphs 4(2) and 8(1)” substitute “paragraph

8(2)”, and

(d)	after that paragraph insert “, and

(d)	paragraph 7(5) of Schedule 4.”

3	In section 5(8) (allowances) for the words from “and” to the end substitute

“and in relation to any such allowances, references in this Act to a member of

the House of Commons include a former member of that House.”

4    (1)

Section 12 (interpretation) is amended as follows.

(2)	In subsection (1)—

---

Revised 1 February 2010