Parliamentary Standards Act 2009
| Year | 2009 |
Parliamentary Standards Act 2009
2009 Chapter 13
An Act to make provision establishing a body corporate known as the Independent Parliamentary Standards Authority and an officer known as the Commissioner for Parliamentary Investigations; to make provision relating to salaries and allowances for members of the House of Commons and to their financial interests and conduct; and for connected purposes.
[21st July 2009]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Introductory
1 Bill of Rights
Nothing in this Act shall be construed by any court in the United Kingdom as affecting Article IX of the Bill of Rights 1689.
2 House of Lords
(1) Nothing in this Act shall affect the House of Lords.
(2) But that is subject to—
(a) section 15(5),
(b) paragraphs 5(3) and (4), 16(2), 22(1), 24(2)(b) and 25(1) of Schedule 1, and
(c) paragraphs 4(2) and 8(1) of Schedule 2.
Independent Parliamentary Standards Authority etc
3 Independent Parliamentary Standards Authority etc
(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 Commissioner for Parliamentary Investigations ("the Commissioner").
(4) Schedule 2 (which makes provision about the Commissioner) 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
4 MPs' salaries
(1) The IPSA is to pay the salaries of members of the House of Commons in accordance with the relevant resolutions of the House.
(2) That is subject to anything done in exercise of the disciplinary powers of the House.
5 MPs' allowances scheme
(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,
(c) the Leader of the House of Commons,
(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.
(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);
(c) impose limits on the amounts that may be paid.
(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 references in this Act to the payment of an allowance to a member are to be read accordingly.
(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 the Parliamentary and other Pensions Act 1987 (c. 45)
).
(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,’.
6 Dealing with claims under the scheme
(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) Subsection (5) applies if—
(a) the IPSA determines that a claim is to be refused or that only part of the amount claimed is to be allowed, and
(b) the member asks the IPSA to review the determination.
(5) If this subsection applies, the IPSA must—
(a) review whether the determination was properly made, and
(b) in light of that review, decide whether or not to confirm or alter the determination (and any necessary adjustments are to be made accordingly).
(6) The MPs' allowances scheme may include—
(a) further provision about how claims are to be dealt with;
(b) provision about deducting from payments of allowances amounts that a member is to repay.
(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.
7 Information and guidance about taxation
(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 MPs' code of conduct relating to financial interests
(1) The IPSA must prepare a code to be observed by members of the House of Commons, the content of which is provision made by virtue of subsections (7) and (8).
(2) In this Act "the MPs' code of conduct relating to financial interests" means the code prepared under this section as it is in effect for the time being.
(3) The IPSA must review the code regularly and revise it as appropriate.
(4) In preparing or revising the code, the IPSA must consult—
(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 Privileges,
(d) members of the House of Commons, and
(e) any other person the IPSA considers appropriate.
(5) The Speaker must lay the code (or revision) before the House of Commons.
(6) The code (or revision) does not come into effect until it is approved by a resolution of the House of Commons.
(7) The code must require members to register specified information about specified financial interests in a register maintained by the IPSA.
(8) The code must prohibit a member from—
(a) by any specified means, advocating or initiating any cause or matter on behalf of any person in consideration of any specified payment or specified benefit in kind, or
(b) in consideration of any specified payment or specified benefit in kind, urging any other member to advocate or initiate, by any specified means, any cause or matter on behalf of any person.
(9) The IPSA must publish the register mentioned in subsection (7) in a way it considers appropriate.
(10) In this section "financial interest" includes—
(a) a benefit in kind;
(b) an indirect financial interest (such as a financial interest of a member of the family of the member concerned).
(11) In this section references to a payment or a benefit in kind include references—
(a) to a payment or benefit in kind to any person;
(b) to an offer or agreement to make a payment or provide a benefit in kind.
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