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Constitutional Reform and Governance Act 2010

Schedule 5: Parliamentary standards: consequential amendments

215.Paragraph 7(3) and (4) of Schedule 5 amends paragraph 18 of Schedule 1 to the 2009 Act which, together with paragraph 17 of that Schedule, separate the IPSA’s administration and regulation functions. The IPSA may delegate its administrative functions but not its regulation functions. The payment of MPs’ salaries under the new sections 4 and 4A will (as now under the 2009 Act) be an administrative function, whilst the determination of MPs’ pay will be a regulation function. The following will also be classed as regulation functions: determining procedures for the publication of allowances claims; determining conditions which must be met before the Compliance Officer and an MP may agree the voluntary repayment of overpaid expenses; determining procedures for investigations; the appointment and removal of the Compliance Officer; determining a scheme setting out how any costs imposed on an MP as part of a repayment direction are to be calculated; specifying additional matters to be contained in a penalty notice; and preparing guidance in respect of penalty notices.

216.Paragraphs 8 to 12 of Schedule 5 amend references to the payment of MPs’ salaries under resolutions of the House of Commons to the payment of salaries under section 4 of the 2009 Act, and make other amendments as a consequence of new sections 4 and 4A of the 2009 Act.

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