The Ministerial and other Salaries Act 1975 (Amendment) Order 2011

Made: 13th July 2011

Coming into force: 14th July 2011

At the Court at Buckingham Palace, the 13th day of July 2011Present,The Queen’s Most Excellent Majesty in Council

Accordingly, Her Majesty, in pursuance of section 1B of the Ministerial and other Salaries Act 1975, is pleased, by and with the advice of Her Privy Council, to make the following Order:-

Citation and commencement

1

This Order may be cited as the Ministerial and other Salaries Act 1975 (Amendment) Order 2011 and comes into force on the day after the day on which it is made.

Amendment of the Ministerial and other Salaries Act 1975

2

The Ministerial and other Salaries Act 1975 is amended in accordance with articles 3 to 7 of this Order.

Speakers’ salaries

3

In section 1—

• (a) in subsection (3)[^f00002], for the annual amount specified as the salary of the Speaker of the House of Commons, substitute £75,766; and

• (b) in subsection (3A)[^f00003], for the annual amount specified as the salary of the Speaker of the House of Lords, substitute £101,038.

Alteration of salaries

4

In section 1A[^f00004]—

• (a) in subsection (1) for the words from “year” to “minimum annual amount,” substitute “relevant period, the annual amount”;

• (b) after subsection (1) insert—

(1A) “Relevant period” means— (a) the period beginning with the day after the day on which the relevant Parliament is dissolved and ending with the following 31st March (“the first relevant period”), and (b) each successive period of 12 months. (1B) The “relevant Parliament” means the Parliament in which subsection (1A) comes into force.

• (c) in subsection (2) for “year” substitute “period”; and

• (d) after subsection (2) insert—

(2A) If the first relevant period does not begin on 1st April, in relation to that period the reference in subsection (2) to 1st April of the period concerned is to be read as a reference to 1st April before the beginning of the first relevant period.

Ministerial salaries

5

For Parts I to IV of Schedule 1[^f00005], substitute the provisions in Schedule 1 to this Order.

6

In paragraph 1 of Part V of Schedule 1—

• (a) in sub-paragraph (1)[^f00006] omit the words from the first “or” to the end; and

• (b) after sub-paragraph (2) insert—

(3) For the purposes of this Schedule a person is a member of the House of Commons for the period beginning with the day after the day of the poll for the parliamentary election at which the person is 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.

Opposition Leaders’ and Whips’ salaries

7

For Part I of Schedule 2 [^f00007], substitute the provisions in Schedule 2 to this Order.

SCHEDULE 1 — Ministerial Salaries

SCHEDULE 2 — Opposition Leaders’ and Whips’ salaries

Signed

Judith Simpson — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order makes provision for changes in the salaries payable under section 1(1), (3) and (3A) of the Ministerial and other Salaries Act 1975 (“the 1975 Act”). The salaries covered by section 1(1), (3) and (3A) are those of Ministers, Opposition Leaders and Whips and the Commons and Lords Speakers.

Article 3 specifies the new salaries for the Commons and Lords Speakers.

Article 4 amends section 1A of the 1975 Act so that increases payable by virtue of the uprating formula in that section are not payable for the lifetime of this Parliament.

Article 5 provides for Schedule 1 to this Order to replace Parts I to IV of Schedule 1 to the 1975 Act. The replacement provisions set out the new salaries to be paid to Ministers in Schedule 1 to the 1975 Act.

Article 6 (a) makes a consequential amendment to the 1975 Act. Article 6(b) amends the 1975 Act to provide that, for the purposes of Schedule 1, a person is a member of the House of Commons for the period beginning with the day after the day of the poll for the parliamentary election at which the person is elected and until the next election, if the person was a member immediately before a dissolution, or until they otherwise cease to be a member.

Article 7 provides for Schedule 2 to this Order to replace Part I of Schedule 2 to the 1975 Act. The replacement provisions set out the new salaries to be paid to Opposition Leaders and Whips.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

Footnotes

[^f00001]: 1975 c.27; section 1B was inserted by section 1(2) of the Ministerial and other Salaries Act 1997 (c.62).

[^f00002]: Subsection (3) was amended by S.I. 1996/1913.

[^f00003]: Subsection (3A) was inserted by S.I. 2006/1640.

[^f00004]: Section 1A was inserted by section 1(2) of the Ministerial and other Salaries Act 1997 (c.62).

[^f00005]: Part I of Schedule 1 was amended by S.I. 1996/1913, 2001/3502, 2002/794. Part II was amended by S.I. 1996/1913, 1999/2037, 2001/3502. Part III was amended by sections 48(6) and 87(1) of the Scotland Act 1998 (c.46) and S.I. 1996/1913, 1997/ 1500, 1999/1820, 2001/3502. Part IV was amended by S.I. 1996/1913, 2001/3502.

[^f00006]: Paragraph 1(1) was amended by section 2(2) of the Ministerial and other Salaries Act 1997 (c.62).

[^f00007]: Part I was amended by S.I. 1996/1913, 2001/3502.