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Parliamentary Standards Act 2009

Type Public General Act

Publication 2009-07-21

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Introductory

Bill of Rights

1

Nothing in this Act shall be construed by any court in the United Kingdom as affecting Article IX of the Bill of Rights 1689.

House of Lords

2

(1) Nothing in this Act shall affect the House of Lords.

(2) But that is subject to—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) paragraphs 5(3) and (4), 16(2), 22(1), 24(2)(b) and 25(1) of Schedule 1, and

Independent Parliamentary Standards Authority etc

3

(1) There is to be a body corporate known as the Independent Parliamentary Standards Authority (“IPSA”).

(2) Schedule 1 (which makes provision about the IPSA, and in particular provides for its administration functions to be carried out by its chief executive in accordance with paragraph 17 of that Schedule) has effect.

(3) There is to be an officer known as the Compliance Officer for the Independent Parliamentary Standards Authority (“the Compliance Officer”).

(4) Schedule 2 (which makes provision about the Compliance Officer) has effect.

(5) There is to be a committee known as the Speaker's Committee for the Independent Parliamentary Standards Authority (“the Committee”).

(6) Schedule 3 (which makes provision about the Committee) has effect.

Salaries and allowances for MPs

MPs' salaries

4

(1) Members of the House of Commons are to receive a salary for the relevant period.

(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 section 4A).

(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 and ending with—

(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 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.

MPs' allowances scheme

5

(1) The IPSA is to pay allowances to members of the House of Commons in accordance with the MPs' allowances scheme.

(2) In this Act “the MPs' allowances scheme” means the scheme prepared under this section as it is in effect for the time being.

(3) The IPSA must—

(a) prepare the scheme;

(b) review the scheme regularly and revise it as appropriate.

(4) In preparing or revising the scheme, the IPSA must consult—

(a) the Speaker of the House of Commons,

(b) the Committee on Standards in Public Life,

(d) any committee of the House of Commons nominated by the Speaker,

(e) members of the House of Commons,

(f) the Review Body on Senior Salaries,

(g) Her Majesty's Revenue and Customs,

(h) the Treasury, and

(i) any other person the IPSA considers appropriate.

(5) The Speaker must lay the scheme (or revision) before the House of Commons.

(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 that revision).

(6) The scheme (or revision) comes into effect on the date specified in the scheme (or revision).

(7) The scheme may, for example—

(a) provide for allowances to be payable in respect of specified kinds of expenditure or in specified circumstances;

(b) provide for allowances to be payable only on specified conditions (such as a condition that claims for allowances must be supported by documentary evidence);

(8) The scheme may provide for allowances to be payable in connection with a person's ceasing to be a member of the House of Commons; 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.

(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 disciplinary powers of the House of Commons.

(9) This section does not affect the provision of pensions for or in respect of persons with service as a member of the House of Commons (see Schedule 6 to the Constitutional Reform and Governance Act 2010 ).

(10) In section 3A(1) of the European Parliament (Pay and Pensions) Act 1979 (c. 50) (power to make order aligning MEPs' resettlement grants with MPs' resettlement grants), after “resolutions of the House of Commons” insert “ , or a scheme under section 5 of the Parliamentary Standards Act 2009, ”.

Dealing with claims under the scheme

6

(1) No allowance is to be paid to a member of the House of Commons under the MPs' allowances scheme unless a claim for the allowance has been made to the IPSA.

(2) The claim must be made by the member (except where the scheme provides otherwise).

(3) On receipt of a claim, the IPSA must—

(a) determine whether to allow or refuse the claim, and

(b) if it is allowed, determine how much of the amount claimed is to be allowed and pay it accordingly.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The MPs' allowances scheme may include—

(a) further provision about how claims are to be dealt with;

(b) provision for deducting amounts within subsection (6A) from allowances payable under the scheme or salaries payable under section 4;

(6A) This subsection applies to amounts which a member (under section 9(8) or otherwise) has agreed to repay, in respect of amounts paid to the member under the MPs' allowances scheme that should not have been allowed.

(7) The scheme may provide for an allowance to which a member is entitled under the scheme to be paid to another person at the member's direction; and references in this Act to the payment of an allowance to a member are to be read accordingly.

(8) The IPSA must publish such information as it considers appropriate in respect of—

(a) each claim made under or by virtue of this section, and

(b) each payment of an allowance by the IPSA under or by virtue of this section.

(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 relation to publication of the information, and in doing so must consult—

(a) the Speaker of the House of Commons,

(b) the Leader of the House of Commons,

(d) the Compliance Officer, and

(e) any other person the IPSA considers appropriate.

Information and guidance about taxation

7

(A1) The IPSA must—

(a) prepare guidance for members of the House of Commons about making claims under the MPs' allowances scheme;

(b) review the guidance regularly and revise it as appropriate;

(d) provide to any member on request such further advice about making claims as the IPSA considers appropriate.

(1) The IPSA must provide to members of the House of Commons—

(a) details of any general information or guidance about taxation issues published by HMRC that it considers they should be aware of, and

(b) any other general information or guidance about taxation issues that it considers appropriate (consulting HMRC for this purpose as it considers appropriate).

(2) “Taxation issues” means—

(a) issues about the taxation of salaries payable under section 4 and allowances payable under the MPs' allowances scheme, and

(b) any other issues about taxation arising in connection with those salaries and allowances.

(3) “HMRC” means Her Majesty's Revenue and Customs.

...

MPs' code of conduct relating to financial interests

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Investigation and enforcement

Investigations

9

(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—

(a) on the Compliance Officer's own initiative,

(b) at the request of the IPSA,

(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 requires, and

(b) must do so within such period as the Compliance Officer reasonably requires.

(4) The Compliance Officer must, after giving the member and the IPSA an opportunity to make representations to the Compliance Officer, 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)).

(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 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 allowed.

(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 not have been allowed,

(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 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.

Offence of providing false or misleading information for allowances claims

10

(1) A member of the House of Commons commits an offence if the member—

(a) makes a claim under the MPs' allowances scheme, and

(b) provides information for the purposes of the claim that the member knows to be false or misleading in a material respect.

(2) A person guilty of an offence under subsection (1) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine or to both.

(2A) In the application of this section in England and Wales, the reference in subsection (2)(a) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).

(3) In the application of this section—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in Northern Ireland,

the reference in subsection (2)(a) to 12 months is to be read as a reference to 6 months.

Final provisions

Further functions of the IPSA and Commissioner

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

12

(1) In this Act—

“the Compliance Officer” has the meaning given by section 3(3);

“IPSA” has the meaning given by section 3(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;

“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 5(2);

“specified” includes of a specified description.

(2) In this Act any reference to a particular committee or officer of the House of Commons—

(a) if the name of the committee or officer is changed, is to be treated as a reference to the committee or officer by the new name, and

(b) if the functions of the committee or officer (or substantially corresponding functions) become functions of a different committee or officer of that House, is to be treated as a reference to the committee or officer by which those functions are exercisable.

(3) In this Act any reference to the Committee on Standards in Public Life or to the Review Body on Senior Salaries—

(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.

(4) Any question arising under subsection (2) or (3) is to be determined by the Speaker of the House of Commons.

Power to make transitional etc provision

13

(1) A Minister of the Crown may by order make supplementary, incidental, transitional, transitory or saving provision in connection with this Act.

(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 5,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The purposes which may be specified do not include the purposes of section 10 (offence of providing false or misleading information for allowances claims).

(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 Compliance Officer or the IPSA.

(5) 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.

(6) An order under this section may provide—

(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 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 Compliance Officer or the IPSA.

(7) A scheme made by virtue of subsection (6) is to be made by a Minister of the Crown with the consent of the person who chairs the House of Commons Commission.

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

(9) A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of the House of Commons.

(10) 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.

Short title and commencement

14

(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;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Expiry of provisions of the Act

15

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