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Amendments made: 58, page 71, line 16, leave out sub-paragraphs (2) and (3) and insert-
(a) if sub-paragraph (2A) applies, may give the member a direction under this paragraph (a "repayment direction"), and
(b) otherwise, must give the member a repayment direction.
(2A) This sub-paragraph applies if the Compliance Officer has made findings under section 9(5) that the member's being paid an amount under the MPs' allowances scheme that should not have been allowed was wholly or partly the IPSA's fault.
(3) A repayment direction must require the member to pay to the IPSA-
(a) if sub-paragraph (2A) applies, such amount (not exceeding the amount of the overpayment) as the Compliance Officer considers reasonable, and
(b) otherwise, the amount of the overpayment.
(3A) The repayment direction must specify the period (the "repayment period") before the end of which that amount is to be paid.'.
Amendment 59, page 71, line 23, leave out 'overpayment' and insert 'amount mentioned in sub-paragraph (3)'.
Amendment 60, page 71, line 40, leave out '1(4)(b)' and insert '1(4)(a) or (b)'.
Amendment 61, page 71, line 40, at end insert-
'( ) The guidance must include guidance about whether the Compliance Officer should include such a requirement if paragraph 1(2A) applies.'.
Amendment 62, page 72, line 10, at end insert-
'( ) if paragraph 1(2A) applies, the Compliance Officer's decision to give the member a repayment direction;
( ) if paragraph 1(2A) applies, the amount the member is required to repay because of paragraph 1(3)(a);'.- (Mr. Straw.)
Amendment made: 63, page 77, line 41, at end insert-
European Parliament (Pay and Pensions) Act 1979 (c. 50)
8 (1) In section 1(2) (salaries of MEPs) for paragraphs (a) and (b) substitute "the same as that of the salary payable for that period, under section 4 of the Parliamentary Standards Act 2009, to a Member who does not hold an office or position specified in a resolution of the House of Commons for the purposes of section 4A(2) of that Act (higher salaries for holders of specified offices or positions)."
(2) Omit section 5 (salary to be used for calculating pension benefits).
(3) In section 8(1) (interpretation) omit the definition of ""a Member's ordinary salary" and "a Member's pensionable salary"".
Parliamentary and other Pensions Act 1987 (c. 45)9 In section 5(2) (interpretation) for the words from "such resolutions" to the end substitute-"(a) section 4 of the Parliamentary Standards Act 2009, or
(b) in relation to a time before that section was in force, the resolutions of the House of Commons then in force relating to the remuneration of its members."
Ministerial and other Pensions and Salaries Act 1991 (c. 5)10 In section 4 (grants to persons ceasing to hold ministerial and other offices)-
(b) after that subsection insert-
"(3A) The annual amount of the salary paid to a person in respect of the office of Chairman of Ways and Means or Deputy Chairman of Ways and Means is the difference between-
(a) the annual amount of the salary payable under section 4 of the Parliamentary Standards Act 2009 to a person holding that office, and
(b) the annual amount of the salary payable under that section to a member of the House of Commons who does not hold an office or position specified in a resolution of that House for the purposes of section 4A(2) of that Act (higher salaries for holders of specified offices or positions).", and
Scotland Act 1998 (c. 46)11 (1) Section 82 (limits on salaries of MSPs) is amended as follows.
(a) before paragraph (a) insert-
"(za) under section 4 of the Parliamentary Standards Act 2009 (salaries of members of the House of Commons),", and
(b) in paragraph (a) for "either House of Parliament" substitute "the House of Lords".
(3) In subsection (2)(b) for "(1)(a)" substitute "(1)(za), (a)".
Government of Wales Act 2006 (c. 32)12 (1) Section 21 (limits on salaries of Assembly members) is amended as follows.
(a) before paragraph (a) insert-
"(za) under section 4 of the Parliamentary Standards Act 2009 (salaries of members of the House of Commons),", and
(b) in paragraph (a) for "either House of Parliament" substitute "the House of Lords".
(3) In subsection (2)(b) for "(1)(a)" substitute "(1)(za), (a)".'.- (Mr. Straw.)
Amendment proposed: 64, page 78, line 9, leave out sub-paragraphs (2) to (4) and insert-
'Number and composition of trustees1A (1) The following are to be the trustees of the Fund-
(a) one person appointed by the IPSA after consulting the Minister for the Civil Service and the persons who are already trustees of the Fund,
(b) one person appointed by the Minister for the Civil Service after consulting the IPSA and the persons who are already trustees of the Fund, and
(c) 8 persons nominated and selected in accordance with arrangements under paragraph 1B ("member-nominated trustees").
(2) Paragraphs 44 and 45 make transitional provision about the trustees of the Fund.
Member-nominated trustees1B (1) The trustees of the Fund must make arrangements for the nomination and selection of member-nominated trustees.
(2) The arrangements must provide for the member-nominated trustees to be-
(a) nominated as the result of a process in which all the members of a scheme under paragraph 7 and all the members of a scheme under paragraph 11 are eligible to participate, and
(b) selected as the result of a process in which all those persons are eligible to participate.
(a) include provision for the nomination and selection process to take place within a reasonable period of any vacancy arising,
(b) include provision, where a vacancy is not filled because insufficient nominations are received, for the nomination and selection process to be repeated at reasonable intervals until the vacancy is filled, and
(c) include provision that, where the IPSA or the Minister for the Civil Service so requires, a person who is not a member of a scheme under paragraph 7 and is not a member of a scheme under paragraph 11 must have the approval of the IPSA or the Minister for the Civil Service to qualify for selection as a member-nominated trustee.
(4) The arrangements may include provision that where the number of nominations received is equal to or less than the number of vacancies, the nominees are to be treated as selected (subject to sub-paragraph (3)(c)).
Remuneration1C (1) The IPSA may provide for remuneration and allowances to be payable to the trustees of the Fund.
(2) Any such remuneration and allowances are to be paid from the assets of the Fund.
Resignation and removal of trustees1D (1) A person appointed as a trustee of the Fund by the IPSA under paragraph 1A(1)(a)-
(a) may resign by giving written notice to the IPSA, and
(b) may be removed by the IPSA after consulting the Minister for the Civil Service and all the other trustees of the Fund.
(2) A person appointed as a trustee of the Fund by the Minister for the Civil Service under paragraph 1A(1)(b)-
(a) may resign by giving written notice to the Minister for the Civil Service, and
(b) may be removed by the Minister for the Civil Service after consulting the IPSA and all the other trustees of the Fund.
(3) A person who is a member-nominated trustee-
(a) may resign by giving written notice to the other trustees of the Fund, and
(b) may be removed by all the other trustees of the Fund acting together.
Proceedings1E (1) Subject to any provision contained in a scheme under paragraph 3 because of paragraph 3(1)(c), the trustees of the Fund may determine their own procedure.
(2) The validity of any proceedings of the trustees of the Fund is not affected by-
(a) a vacancy among the trustees, or
(b) a defect in the appointment of a trustee.'.- (Mr. Straw.)
Amendments made to amendment 64: (a), in paragraph 1B(2)(b), after 'which', insert 'some or'.
Amendment (b), in paragraph 1C(1), after 'may', insert
'with the consent of the Treasury'.- (Sir John Butterfill.)Amendment 64, as amended, agreed to.
Amendment made: 90, page 79, line 2, at end insert-
'(bb) the indemnification of the trustees (and former trustees) of the Fund'.- (Sir John Butterfill.)
Amendments made: 65, page 79, line 3, leave out 'number, qualification and'.
Amendment 66, page 79, line 19, at beginning insert-
'( ) The IPSA may make a scheme under paragraph 3 only with the consent of the trustees of the Fund.'.
Amendment 67, page 79, line 22, leave out paragraph (c).
Amendment 68, page 79, line 28, leave out paragraph (a).
Amendment 69, page 80, line 22, leave out from 'with the' to 'make' in line 23 and insert 'relevant consents,'.
Amendment 70, page 80, line 24, at end insert-
'(1A) The "relevant consents" means-
(a) if the result of making the provision is that the amount of the Exchequer contribution in respect of any financial year is less than it otherwise would be, the consent of the Treasury, the Minister for the Civil Service and the trustees of the Fund, and
(b) otherwise, the consent of the Treasury and the Minister for the Civil Service.'.
Amendment 71, page 80, line 28, after '(a)' insert
'(if sub-paragraph (1A)(a) does not apply)'.Amendment 72, page 80, line 28, after 'Fund,' insert-
'( ) the Government Actuary,'.
Amendment 73, page 81, line 24, after 'as' insert 'in service as'.- (Mr. Straw.)
Amendments made: 94, page 82, line 6, leave out 'the provision specified in paragraph 24(2)' and insert-
'(i) the provision specified in paragraph 21(1), unless with the consent of the trustees of the Fund,
(ii) the provision specified in paragraph 26, unless with the consent of the trustees of the Fund, and
(iii) the provision specified in paragraph 24(2)'.
Amendment 95, page 83, line 24, at end insert
', except the provisions specified in paragraphs 21(1) and 26 unless with the consent of the trustees of the Fund'.Amendment 93, page 84, line 16, after 'puts', insert '(or might put)'.- (Sir John Butterfill.)
Amendments made: 74, page 84, line 18, leave out from 'if' to end of line 28 and insert-
'(a) the trustees of the Fund consent to the new scheme making the provision, and
(b) the person making the new scheme is satisfied that the consent requirement is met.
(4) The consent requirement is met if under the new scheme the provision has effect in relation to an accrued right only with the written consent, given in accordance with sub-paragraph (4A), of-
(a) the person ("P") in respect of whose service the right has accrued, or
(b) if P is dead, the persons ("the survivors") who because of the accrued right are entitled, or may become entitled, to a pension or the benefit of any pension.
(4A) Consent is given in accordance with this sub-paragraph if it is given after the person making the scheme has given P (or the survivors)-
(a) information in writing which adequately explains the nature of the provision and its effect,
(b) notice in writing that they may make representations about the provision,
(c) an adequate opportunity to make such representations, and
(d) notice in writing that the provision has effect in relation to the accrued right only with their written consent.
(4B) Consent may be given by a person acting on behalf of P (or the survivors); and the references in sub-paragraph (4A) to P (or the survivors) include a person acting on their behalf.'.
Amendment 75, page 84, line 29, leave out '(3)(a)' and insert '(4)(a)'.- (Mr. Straw.)
Amendment proposed: 76, page 84, line 36, leave out sub-paragraphs (2) and (3) and insert-
'(2) "Accrued right", in relation to a provision of the new scheme, means a right or entitlement to or in respect of a pension or future pension payable out of the Fund which has accrued in respect of service before the provision comes into force.
(3) If the person in respect of whose service the right or entitlement has accrued is in service when the provision comes into force, the right or entitlement is to be determined as if the person left service immediately before then.'.- (Mr. Straw.)
Amendments made to amendment 76: (a), after 'means a right', insert '(including a contingent right)'.
Amendment (c), leave out sub-paragraph (3).- (Sir John Butterfill.)
Amendment 76, as amended, agreed to.
Amendments made: 77, page 85, line 4, leave out paragraph (a).
Amendment 78, page 85, line 8, leave out paragraph (a).
Amendment 79, page 85, line 12, leave out sub-paragraph (6).
Amendment 80, page 85, line 31, at end insert-
'( ) For the purposes of this Schedule "member"-
(a) in relation to a scheme under paragraph 7, means a person with service as a member of the House of Commons who, in respect of that service, has a right or entitlement under the scheme to a pension or future pension payable out of the Fund, and
(b) in relation to a scheme under paragraph 11 , means a person with service to which that paragraph applies who, in respect of that service, has a right or entitlement under the scheme to a pension or future pension payable out of the Fund.'.
Amendment 81, page 85, line 35, at end insert-
'"member-nominated trustee" has the meaning given by paragraph 1A;'.
Amendment 82, page 90, line 38, leave out from beginning to 'may' in line 41 and insert-
'(1) The existing regulations have effect (subject to any provision in an order under section 89 of this Act)-
(a) so far as they relate to matters which could be contained in a scheme made by the IPSA under paragraph 3, as if they were a scheme made by the IPSA under that paragraph,
(b) so far as they relate to matters which could be contained in a scheme made by the IPSA under paragraph 7, as if they were a scheme made by the IPSA under that paragraph, and
(c) so far as they relate to matters which could be contained in a scheme made by the Minister for the Civil Service under paragraph 11, as if they were a scheme made by the Minister under that paragraph.
(2) An order under section 89 or 90 of this Act'.
Amendment 83, page 91, line 8, leave out 'The order' and insert
'An order under section 89 or 90 of this Act'.Amendment 84, page 91, line 16, leave out 'The order' and insert
'An order under section 89 or 90 of this Act'.| Next Section | Index | Home Page |