Assembly Members (Independent Financial Review and Standards) Act (Northern Ireland) 2011

Establishment and functions

Establishment of the Commissioner

16.—(1) There shall be a Northern Ireland Assembly Commissioner for Standards.

(2) The person for the time being holding office as Northern Ireland Assembly Commissioner for Standards shall be, by the name of that office, a corporation sole.

Functions of the Commissioner

17.—(1) The functions of the Commissioner are—

(a) where a person has made a complaint or referral to which subsection (2) applies, to investigate the complaint or referral in accordance with the provisions of this Part;

(b) to initiate an investigation in accordance with the provisions of this Part if the Commissioner believes that, at a relevant time, a breach of the Code of Conduct may have occurred;

(c) to report to the Assembly on the outcome of any investigation under this section; and

(d) on the Commissioner’s own initiative, or if requested by the Assembly, to give advice on any matter of general principle relating to standards of conduct of members of the Assembly.

(2) This subsection applies to—

(a) a complaint to the Commissioner that, at a relevant time, a breach of the Code of Conduct has occurred;

(b) a referral to the Commissioner made by any person specified in the standing orders as being a person who may make referrals in relation to any matter specified in the standing orders as being a matter in respect of which the Commissioner must carry out an investigation.

(3) In this section—

“the Code of Conduct” means—

(a)

any code of conduct for members of the Assembly, and

(b)

any guide to the rules relating to the conduct of members of the Assembly,

which has been agreed to by the Assembly; and

a “relevant time” means a time (whether before or after this section comes into operation) when a requirement to comply with the Code of Conduct was in force.