Recall of MPs Act 2015

3 (1) A petition officer may recover from the Minister charges in respect of services rendered, or expenses incurred, by the officer for or in connection with the performance of the officer's functions under or by virtue of this Act if— U.K.

(a) the services were necessarily rendered, or the expenses were necessarily incurred, for the efficient and effective performance of those functions, and

(b) the total of the officer's charges does not exceed the amount (“the overall maximum recoverable amount”) specified in, or determined in accordance with, regulations made by the Minister, with the consent of the Treasury, for the purposes of this sub-paragraph.

(2) Regulations under sub-paragraph (1) may specify, or make provision for determining in accordance with the regulations, a maximum recoverable amount for services or expenses of any specified description.

(3) The petition officer may not recover more than the specified maximum recoverable amount in respect of any specified services or expenses.

(4) But in a particular case the Minister may, if satisfied that the conditions in sub-paragraph (5) are met, and with the consent of the Treasury, authorise the payment of—

(a) more than the overall maximum recoverable amount, or

(b) more than the specified maximum recoverable amount for any specified services or expenses.

(5) Those conditions are—

(a) that it was reasonable for the petition officer to render the services or incur the expenses, and

(b) that the charges in question are reasonable.

(6) The amount of any charges recoverable in accordance with this paragraph is to be paid by the Minister on an account being submitted to the Minister.

(7) But the Minister may, before payment, apply for the account to be taxed under paragraph 4.

(8) On the request of a petition officer for an advance on account of the officer's charges, the Minister may make an advance on such terms as the Minister thinks fit.

(9) The Minister may by regulations make provision as to—

(a) the time when accounts are to be rendered to the Minister for the purposes of the payment of a petition officer's charges, and

(b) the manner and form in which such accounts are to be so rendered.

(10) Any sums required by the Minister for making payments under this paragraph are to be charged on, and paid out of, the Consolidated Fund.

(11) In sub-paragraphs (2) to (4), “specified” means specified in, or determined in accordance with, regulations under sub-paragraph (1).

Commencement Information

I1 Sch. 1 para. 3 partly in force; Sch. 1 para. 3 in force at Royal Assent for specified purposes, see s. 24(2)(a)

I2 Sch. 1 para. 3 in force at 4.3.2016 by S.I. 2016/290, reg. 2