PART 1THE INDEPENDENT FINANCIAL REVIEW PANEL

Determinations

C1C212Contents of determinations: salaries and allowances

1

This section applies to any determination made under section 2(1)(a).

2

A determination to which this section applies may make different provision for different cases (for example, provision for higher salaries to be payable to Ministers or other office holders).

3

A determination to which this section applies shall ensure that, if a salary is payable to a member of the Assembly (“M”) as a member of either House of Parliament or as a member of the European Parliament—

a

if M does not hold an office within subsection (6), no salary is payable to M under section 47 of the 1998 Act;

b

if M holds an office within subsection (6), the salary which would otherwise be payable to M under section 47 of the 1998 Act is reduced by the appropriate amount.

4

For the purposes of subsection (3), the appropriate amount is the amount of the salary payable under section 47 of the 1998 Act to members of the Assembly generally.

5

For the purposes of this section—

a

a person's membership of the Assembly begins on the day on which the person takes his or her seat in accordance with standing orders; and

b

a person's holding of an office within subsection (6) begins on the day on which the person takes up office.

6

An office is within this subsection if the salary payable under section 47 of the 1998 Act to a member of the Assembly holding the office is higher than the salary payable under that section to members of the Assembly generally.

7

For the purposes of this section, a person who is a member of the Assembly immediately before the Assembly is dissolved shall be treated—

a

if the person continues to hold office as a Minister or junior Minister, as Presiding Officer or deputy or as a member of the Commission, as if the person were a member of the Assembly until the end of the day on which he or she ceases to hold the office; and

b

if the person does not fall within paragraph (a) but is nominated as a candidate at the subsequent general election, as if the person were a member of the Assembly until the end of the day of the poll for that election.

8

In this section—

  • “deputy”, in relation to the Presiding Officer, means any deputy Presiding Officer elected under section 39 of the 1998 Act;

  • “junior Minister” means a person appointed as a junior Minister under section 19 of the 1998 Act;

  • “Minister” has the meaning given by section 7(3) of the 1998 Act.