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Constitutional Reform and Governance Act 2010

Schedule 3: Parliamentary Standards Act 2009: substituted Schedule 2

154.The substituted Schedule 2 to the 2009 Act makes provision for the appointment of the Compliance Officer, for his or her terms and conditions, resignation and removal from office, remuneration and status.

155.Paragraph 1 provides for the Compliance Officer to be appointed by the IPSA. Whilst the Compliance Officer will be appointed by the IPSA, he or she will be an independent office holder and not an employee of the IPSA.

156.Paragraph 3 sets limits on the term of office of the Compliance Officer. The Compliance Officer will be appointed for a single fixed term not exceeding five years.

157.Paragraph 4 provides that the Compliance Officer may resign his or her office by giving written notice to the IPSA. The Compliance Officer may be removed from office by the IPSA on one of the grounds specified in paragraph 4(2), namely, if the person is convicted of an offence, becomes bankrupt or is unfit or unable to carry out the functions of the office.

158.Paragraph 7 places a duty on the IPSA to provide the Compliance Officer with adequate resources to discharge his or her functions. Because the Compliance Officer’s staffing and other resources will be provided by the IPSA there is no requirement on the Compliance Officer to prepare annual accounts.

159.Paragraph 8 requires the Compliance Officer to prepare an annual report which he or she must send to the IPSA, which must in turn send it to the Speaker to be laid before Parliament. The Compliance Officer must publish the annual report in such manner as he or she considers appropriate.

160.Paragraph 9 enables the IPSA to appoint a temporary Compliance Officer for a period of up to 6 months in the event that there is a vacancy in the office of Compliance Officer. The appointee must be from amongst the staff of the Compliance Officer’s office.

161.Paragraph 11 extends the Freedom of Information Act 2000 to cover the Compliance Officer. This will mean that the Compliance Officer will have to adopt and maintain a publication scheme explaining how he or she intends to handle the information in his or her possession, as well as being obliged to consider requests for information in accordance with the provisions of that Act.

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