Schedule 2Compliance Officer

Section 3

1Appointment of Compliance Officer

1

The Compliance Officer is to be appointed by the IPSA.

2

The person to be appointed must be selected by the IPSA on merit on the basis of fair and open competition.

2Terms and conditions: general

1

Subject to the provisions of this Schedule, the Compliance Officer holds office in accordance with the terms and conditions of the Compliance Officer’s appointment.

2

Those terms and conditions are to be determined by the IPSA.

3Term of office

1

The Compliance Officer is to be appointed for a fixed term not exceeding five years.

2

A person who has been appointed as the Compliance Officer may not be appointed again.

4Resignation and removal from office

1

A person may resign from the office of Compliance Officer by giving written notice to the IPSA.

2

The IPSA may remove a person from the office of Compliance Officer if the person—

a

is convicted of an offence (see sub-paragraph (3)),

b

becomes bankrupt (see sub-paragraph (4)), or

c

is unfit or unable to carry out the functions of the office.

3

For the purposes of determining if the person is convicted of an offence—

a

it does not matter where the person is convicted, and

b

an act punishable under the law of a territory outside the United Kingdom constitutes an offence for the purposes of this paragraph (however it is described in that law).

4

A person becomes bankrupt if—

a

in England and Wales or Northern Ireland, a bankruptcy order is made in relation to the person, or

b

in Scotland, the person’s estate is sequestrated.

5Remuneration

1

The terms and conditions on which a person is appointed as the Compliance Officer may provide for the IPSA—

a

to pay remuneration and allowances to the person;

b

to make provision for a pension in relation to that person.

2

The IPSA must make the payment or provision accordingly.

6Status

1

The Compliance Officer is not to be regarded—

a

as the servant or agent of the Crown, or

b

as enjoying any status, immunity or privilege of the Crown.

2

The Compliance Officer’s property is not to be regarded as property of, or property held on behalf of, the Crown.

7Funding

1

The IPSA must provide the Compliance Officer with adequate resources for the Compliance Officer’s functions.

2

In particular, the IPSA is responsible for providing staff to assist in the carrying out of those functions.

8Annual report

1

As soon as practicable after the end of each financial year, the Compliance Officer must—

a

prepare a report about the performance of the Compliance Officer’s functions during that financial year, and

b

send the report to the IPSA.

2

The IPSA must send the report to the Speaker of the House of Commons, who must lay it before each House of Parliament.

3

When the Speaker lays the report, the Compliance Officer must publish it in such manner as the Compliance Officer considers appropriate.

4

“Financial year” means—

a

the period beginning with the day on which a Compliance Officer is first appointed and ending with the next following 31 March, and

b

each successive period of 12 months.

9Vacancy in office of Compliance Officer

1

This paragraph applies if the office of Compliance Officer is vacant.

2

The IPSA may authorise a member of the IPSA’s staff provided under paragraph 7(2) to carry out the functions of the Compliance Officer during the vacancy.

3

In relation to a vacancy of more than six months, the functions of the Compliance Officer may not be carried out by virtue of sub-paragraph (2) after the first six months.

10Disqualification

1

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert—

• Compliance Officer for the Independent Parliamentary Standards Authority.

2

In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert—

• Compliance Officer for the Independent Parliamentary Standards Authority.

11Freedom of information

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices which are public authorities) at the appropriate place insert—

• Compliance Officer for the Independent Parliamentary Standards Authority.

12Public records

In Schedule 1 to the Public Records Act 1958 (definition of public records) at the appropriate place in Part 2 of the Table at the end of paragraph 3 insert—

• Compliance Officer for the Independent Parliamentary Standards Authority.”