|
| |
|
(4) | An appointment under paragraph 1(e) is to be for a fixed term not |
| |
| |
(5) | A person who has been appointed under paragraph 1(e) may not be |
| |
appointed under paragraph 1(e) again. |
| |
(6) | A person appointed under paragraph 1(e) ceases to be a member of |
| 5 |
the Committee if the person becomes a member of either House of |
| |
| |
(7) | A person appointed under paragraph 1(e) may resign from the |
| |
Committee by giving notice to the Committee. |
| |
(8) | The Speaker of the House of Commons may require the IPSA to pay |
| 10 |
to members of the Committee appointed under paragraph 1(e) such |
| |
remuneration and allowances as the Speaker may determine. |
| |
(9) | The IPSA must make the payment accordingly.” |
| |
| |
(1) | The Parliamentary Standards Act 2009 (c. 13) is amended as follows. |
| 15 |
(2) | After section 3 insert— |
| |
“3A | General duties of the IPSA |
| |
(1) | In carrying out its functions the IPSA must have regard to the principle |
| |
that it should act in a way which is efficient, cost-effective and |
| |
| 20 |
(2) | In carrying out its functions the IPSA must have regard to the principle |
| |
that members of the House of Commons should be supported in |
| |
efficiently, cost-effectively and transparently carrying out their |
| |
Parliamentary functions.” |
| |
(3) | In section 5 (MPs’ allowances scheme) after subsection (5) insert— |
| 25 |
“(5A) | When the scheme (or revision) is laid, the IPSA must publish in a way |
| |
it considers appropriate— |
| |
(a) | the scheme (or revision), and |
| |
(b) | a statement of its reasons for adopting that scheme (or making |
| |
| 30 |
(4) | In section 6 (dealing with claims under the MPs’ allowances scheme) after |
| |
| |
“(8) | The IPSA must publish such information as it considers appropriate in |
| |
| |
(a) | each claim made under or by virtue of this section, and |
| 35 |
(b) | each payment of an allowance by the IPSA under or by virtue of |
| |
| |
(9) | The IPSA must publish the information at times it considers |
| |
appropriate and in a way it considers appropriate. |
| |
(10) | The IPSA must determine procedures to be followed by the IPSA in |
| 40 |
relation to publication of the information, and in doing so must |
| |
| |
|
| |
|
| |
|
(a) | the Speaker of the House of Commons, |
| |
(b) | the Leader of the House of Commons, |
| |
(c) | the House of Commons Committee on Standards and |
| |
| |
(d) | the Compliance Officer, and |
| 5 |
(e) | any other person the IPSA considers appropriate.” |
| |
| |
(1) | For section 4 of the Parliamentary Standards Act 2009 (c. 13) (MPs’ salaries) |
| |
| |
| 10 |
(1) | Members of the House of Commons are to receive a salary for the |
| |
| |
(2) | The salaries are to be paid by the IPSA. |
| |
(3) | Salaries are to be paid on a monthly basis in arrears. |
| |
(4) | The amounts of the salaries are to be determined by the IPSA (see |
| 15 |
| |
(5) | “Relevant period”, in relation to a person who is a member of the House |
| |
of Commons, means the period beginning with the day after the day of |
| |
the poll for the parliamentary election at which the member was elected |
| |
| 20 |
(a) | if the person is a member immediately before Parliament is |
| |
dissolved, the day of the poll for the parliamentary general |
| |
election which follows the dissolution; |
| |
(b) | otherwise, the day on which the person ceases to be a member. |
| |
(6) | No payment of salary is to be made to a member before the member has |
| 25 |
made and subscribed the oath required by the Parliamentary Oaths Act |
| |
1866 (or the corresponding affirmation). |
| |
(7) | The duty of the IPSA to pay a salary to a member is subject to anything |
| |
done in relation to the member in the exercise of the disciplinary |
| |
powers of the House of Commons. |
| 30 |
4A | Determination of MPs’ salaries |
| |
(1) | This section is about determinations under section 4(4). |
| |
(2) | A determination may provide for higher salaries to be payable to |
| |
members while holding an office or position specified for the purposes |
| |
of this subsection in a resolution of the House of Commons. |
| 35 |
(3) | A determination by virtue of subsection (2) may make different |
| |
provision for different offices or positions or different classes of |
| |
member (and may include exceptions). |
| |
(4) | A determination may include a formula or other mechanism for |
| |
adjusting salaries from time to time. |
| 40 |
(5) | A determination (other than the first determination) may have |
| |
| |
|
| |
|
| |
|
(6) | The IPSA must review the current determination (and make a new |
| |
determination as appropriate)— |
| |
(a) | in the first year of each Parliament; |
| |
(b) | at any other time it considers appropriate. |
| |
(7) | In reviewing a determination (and before making the first |
| 5 |
determination) the IPSA must consult— |
| |
(a) | the Review Body on Senior Salaries, |
| |
(b) | persons appearing to the IPSA to represent persons likely to be |
| |
affected by the determination or the review, |
| |
(c) | the Minister for the Civil Service, |
| 10 |
| |
(e) | any other person the IPSA considers appropriate. |
| |
(8) | After making a determination, the IPSA must publish in a way it |
| |
| |
(a) | the determination, and |
| 15 |
(b) | a statement of how it arrived at the determination. |
| |
(9) | If the IPSA reviews the current determination but decides not to make |
| |
a new determination, it must publish in a way it considers appropriate |
| |
a statement of how it arrived at that decision. |
| |
(10) | The IPSA may delegate to the Review Body on Senior Salaries its |
| 20 |
function of reviewing a determination (but not its function of deciding |
| |
whether or not to make a new determination).” |
| |
(2) | The first determination under section 4(4) of the Parliamentary Standards Act |
| |
2009 (c. 13) does not have to come into effect before 1 April 2012; and section |
| |
4A(6)(a) of that Act does not apply in relation to a Parliament that begins before |
| 25 |
| |
(3) | Until the first determination under section 4(4) of that Act comes into effect, the |
| |
amounts of the salaries payable by the Independent Parliamentary Standards |
| |
Authority under section 4 of that Act are to be determined in accordance with |
| |
the relevant resolutions of the House of Commons. |
| 30 |
42 | MPs’ allowances scheme |
| |
In section 5 of the Parliamentary Standards Act 2009 (MPs’ allowances scheme) |
| |
after subsection (8) insert— |
| |
“(8A) | Any duty of the IPSA to pay an allowance to a member is subject to |
| |
anything done in relation to the member in the exercise of the |
| 35 |
disciplinary powers of the House of Commons.” |
| |
| |
(1) | Section 6 of the Parliamentary Standards Act 2009 (dealing with claims under |
| |
the MPs’ allowances scheme) is amended as follows. |
| |
(2) | Omit subsections (4) and (5). |
| 40 |
(3) | In subsection (6) for paragraph (b) substitute— |
| |
“(b) | provision for deducting amounts within subsection (6A) |
| |
from allowances payable under the scheme or salaries |
| |
|
| |
|
| |
|
| |
(c) | provision about how such deductions, and deductions |
| |
under paragraph 5 or 12 of Schedule 4, are to be made.” |
| |
(4) | After subsection (6) insert— |
| |
“(6A) | This subsection applies to amounts which a member (under section 9(8) |
| 5 |
or otherwise) has agreed to repay, in respect of amounts paid to the |
| |
member under the MPs’ allowances scheme that should not have been |
| |
| |
(5) | After section 6 of that Act insert— |
| |
“6A | Review of IPSA’s determination |
| 10 |
(1) | This section applies if— |
| |
(a) | the IPSA determines under section 6(3) that a claim is to be |
| |
refused or that only part of the amount claimed is to be allowed, |
| |
| |
(b) | the member (after asking the IPSA to reconsider the |
| 15 |
determination and giving it a reasonable opportunity to do so) |
| |
asks the Compliance Officer to review the determination (or |
| |
any altered determination resulting from the IPSA’s |
| |
| |
(2) | The Compliance Officer must— |
| 20 |
(a) | consider whether the determination (or the altered |
| |
determination) is the determination that should have been |
| |
| |
(b) | in light of that consideration, decide whether or not to confirm |
| |
| 25 |
(3) | The Compliance Officer must give the IPSA a statement of any decision |
| |
under subsection (2)(b), and may include a statement of the |
| |
Compliance Officer’s findings about the way in which the IPSA has |
| |
| |
(4) | The IPSA must make any payments or adjustments necessary to give |
| 30 |
effect to the Compliance Officer’s decision; but it must not do so until— |
| |
(a) | it is no longer possible for there to be a relevant appeal, and |
| |
(b) | all relevant appeals have been withdrawn or determined. |
| |
(5) | A relevant appeal is— |
| |
(a) | an appeal under subsection (6) brought before the end of the |
| 35 |
period mentioned in subsection (7), or |
| |
(b) | a further appeal in relation to the Compliance Officer’s decision |
| |
| |
(i) | is brought before the end of the usual period for |
| |
bringing such an appeal, and |
| 40 |
(ii) | is an appeal against the determination of an appeal |
| |
which was itself a relevant appeal. |
| |
(6) | The member may appeal to the First-tier Tribunal against a decision of |
| |
the Compliance Officer under subsection (2)(b). |
| |
(7) | The appeal must be brought before the end of the period of 28 days |
| 45 |
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 |
| |
| |
(8) | The appeal is by way of a rehearing. |
| |
(9) | On an appeal under subsection (6) the Tribunal may— |
| |
(a) | allow the appeal in whole or in part, or |
| 5 |
| |
(10) | If the Tribunal allows the appeal (in whole or in part) it may— |
| |
(a) | order the IPSA to make any payments or adjustments necessary |
| |
to give effect to that decision; |
| |
(b) | make any other order it thinks fit. |
| 10 |
(11) | If the Tribunal dismisses the appeal it may make any other order it |
| |
| |
(12) | The Compliance Officer must notify the IPSA of the Tribunal’s decision |
| |
(and the result of any further appeal).” |
| |
(6) | In section 7 of that Act (information and guidance about taxation)— |
| 15 |
(a) | before subsection (1) insert— |
| |
| |
(a) | prepare guidance for members of the House of |
| |
Commons about making claims under the MPs’ |
| |
| 20 |
(b) | review the guidance regularly and revise it as |
| |
| |
(c) | publish the guidance in a way the IPSA considers |
| |
| |
(d) | provide to any member on request such further advice |
| 25 |
about making claims as the IPSA considers |
| |
| |
(b) | in the heading omit “about taxation”. |
| |
44 | MPs’ code of conduct relating to financial interests |
| |
Omit section 8 of the Parliamentary Standards Act 2009 (c. 13) (MPs’ code of |
| 30 |
conduct relating to financial interests) and the italic heading before it. |
| |
| |
For section 9 of the Parliamentary Standards Act 2009 (investigations) |
| |
| |
| 35 |
(1) | The Compliance Officer may conduct an investigation if the |
| |
Compliance Officer has reason to believe that a member of the House |
| |
of Commons may have been paid an amount under the MPs’ |
| |
allowances scheme that should not have been allowed. |
| |
(2) | An investigation may be conducted— |
| 40 |
(a) | on the Compliance Officer’s own initiative, |
| |
(b) | at the request of the IPSA, |
| |
|
| |
|
| |
|
(c) | at the request of the member, or |
| |
(d) | in response to a complaint by an individual. |
| |
(3) | For the purposes of the investigation the member and the IPSA— |
| |
(a) | must provide the Compliance Officer with any information |
| |
(including documents) the Compliance Officer reasonably |
| 5 |
| |
(b) | must do so within such period as the Compliance Officer |
| |
| |
(4) | The Compliance Officer must, after giving the member and the IPSA an |
| |
opportunity to make representations to the Compliance Officer, |
| 10 |
prepare a statement of the Compliance Officer’s provisional findings. |
| |
(5) | The Compliance Officer must, after giving the member and the IPSA an |
| |
opportunity to make representations to the Compliance Officer about |
| |
the provisional findings, prepare a statement of the Compliance |
| |
Officer’s findings (subject to subsection (7)). |
| 15 |
(6) | Provisional findings under subsection (4) and findings under |
| |
subsection (5) may include— |
| |
(a) | a finding that the member failed to comply with subsection (3), |
| |
(b) | findings about the role of the IPSA in the matters under |
| |
investigation, including findings that the member’s being paid |
| 20 |
an amount under the MPs’ allowances scheme that should not |
| |
have been allowed was wholly or partly the IPSA’s fault. |
| |
(7) | If subsection (8) applies, the Compliance Officer need not make a |
| |
finding under subsection (5) as to whether the member was paid an |
| |
amount under the MPs’ allowances scheme that should not have been |
| 25 |
| |
(8) | This subsection applies if— |
| |
(a) | the member accepts a provisional finding that the member was |
| |
paid an amount under the MPs’ allowances scheme that should |
| |
| 30 |
(b) | such other conditions as may be specified by the IPSA are, in the |
| |
Compliance Officer’s view, met in relation to the case, and |
| |
(c) | the member agrees to repay to the IPSA, in such manner and |
| |
within such period as the Compliance Officer considers |
| |
reasonable, such amount as the Compliance Officer considers |
| 35 |
reasonable (and makes the repayment accordingly). |
| |
(9) | Before specifying conditions under subsection (8)(b) the IPSA must |
| |
consult the persons listed in section 9A(6). |
| |
(10) | References in this section (and section 9A) to a member of the House of |
| |
Commons include a former member of that House. |
| 40 |
| |
(1) | The IPSA must determine procedures to be followed by the |
| |
Compliance Officer in relation to investigations under section 9. |
| |
(2) | The procedures must in particular include provision about— |
| |
(a) | complaints under section 9(2)(d), |
| 45 |
(b) | representations under section 9(4), |
| |
|
| |
|
| |
|
(c) | representations under section 9(5), and |
| |
(d) | the circumstances in which the Compliance Officer must |
| |
publish the documents listed in subsection (4). |
| |
(3) | Provision under subsection (2)(b) must include provision giving the |
| |
member who is the subject of the investigation— |
| 5 |
(a) | an opportunity to be heard in person, and |
| |
(b) | an opportunity, where the Compliance Officer considers it |
| |
appropriate, to call and examine witnesses. |
| |
(4) | The documents referred to in subsection (2)(d) are— |
| |
(a) | statements of provisional findings under section 9(4), |
| 10 |
(b) | statements of findings under section 9(5), and |
| |
(c) | agreements under section 9(8). |
| |
(5) | The IPSA must also determine procedures to be followed by the |
| |
Compliance Officer as to the circumstances in which the Compliance |
| |
| 15 |
(a) | statements under section 6A(3), and |
| |
(b) | penalty notices under paragraph 6 of Schedule 4. |
| |
(6) | Procedures under this section must be fair, and before determining |
| |
procedures the IPSA must consult— |
| |
(a) | the Speaker of the House of Commons, |
| 20 |
(b) | the Leader of the House of Commons, |
| |
(c) | the House of Commons Committee on Standards and |
| |
| |
(d) | the Compliance Officer, and |
| |
(e) | any other person the IPSA considers appropriate.” |
| 25 |
| |
(1) | After section 9A of the Parliamentary Standards Act 2009 (c. 13) insert— |
| |
| |
(1) | Schedule 4 (which makes provision about the enforcement powers of |
| |
the Compliance Officer) has effect. |
| 30 |
(2) | The Compliance Officer may provide to the Parliamentary |
| |
Commissioner for Standards any information connected with an |
| |
investigation under section 9 or action taken under Schedule 4 which |
| |
the Compliance Officer considers may be relevant to the work of the |
| |
Parliamentary Commissioner for Standards.” |
| 35 |
(2) | After Schedule 3 to that Act insert the Schedule set out in Schedule 5. |
| |
47 | Relationships with other bodies etc |
| |
After section 10 of the Parliamentary Standards Act 2009 insert— |
| |
“10A | Relationships with other bodies etc |
| |
(1) | The IPSA and the Compliance Officer must prepare a joint statement |
| 40 |
setting out how the IPSA and the Compliance Officer will work with |
| |
| |
|
| |
|