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Constitutional Reform and Governance Act 2010

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29MPs' salariesE+W+S+N.I.

This sectionnoteType=Explanatory Notes has no associated

(1)For section 4 of the Parliamentary Standards Act 2009 (MPs' salaries) substitute—

4MPs' salaries

(1)Members of the House of Commons are to receive a salary for the relevant period.

(2)The salaries are to be paid by the IPSA.

(3)Salaries are to be paid on a monthly basis in arrears.

(4)The amounts of the salaries are to be determined by the IPSA (see section 4A).

(5)Relevant period”, in relation to a person who is a member of the House of Commons, means the period beginning with the day after the day of the poll for the parliamentary election at which the member was elected and ending with—

(a)if the person is a member immediately before Parliament is dissolved, the day of the poll for the parliamentary general election which follows the dissolution;

(b)otherwise, the day on which the person ceases to be a member.

(6)No payment of salary is to be made to a member before the member has made and subscribed the oath required by the Parliamentary Oaths Act 1866 (or the corresponding affirmation).

(7)The duty of the IPSA to pay a salary to a member is subject to anything done in relation to the member in the exercise of the disciplinary powers of the House of Commons.

4ADetermination of MPs' salaries

(1)This section is about determinations under section 4(4).

(2)A determination may provide for higher salaries to be payable to members while holding an office or position specified for the purposes of this subsection in a resolution of the House of Commons.

(3)A determination by virtue of subsection (2) may make different provision for different offices or positions or different classes of member (and may include exceptions).

(4)A determination may include a formula or other mechanism for adjusting salaries from time to time.

(5)A determination (other than the first determination) may have retrospective effect.

(6)The IPSA must review the current determination (and make a new determination as appropriate)—

(a)in the first year of each Parliament;

(b)at any other time it considers appropriate.

(7)In reviewing a determination (and before making the first determination) the IPSA must consult—

(a)the Review Body on Senior Salaries,

(b)persons appearing to the IPSA to represent persons likely to be affected by the determination or the review,

(c)the Minister for the Civil Service,

(d)the Treasury, and

(e)any other person the IPSA considers appropriate.

(8)After making a determination, the IPSA must publish in a way it considers appropriate—

(a)the determination, and

(b)a statement of how it arrived at the determination.

(9)If the IPSA reviews the current determination but decides not to make a new determination, it must publish in a way it considers appropriate a statement of how it arrived at that decision.

(10)The IPSA may delegate to the Review Body on Senior Salaries its function of reviewing a determination (but not its function of deciding whether or not to make a new determination).

(2)The first determination under section 4(4) of the Parliamentary Standards Act 2009 does not have to come into effect before 1 April 2012; and section 4A(6)(a) of that Act does not apply in relation to a Parliament that begins before that date.

(3)Until the first determination under section 4(4) of that Act comes into effect, the amounts of the salaries payable by the Independent Parliamentary Standards Authority under section 4 of that Act are to be determined in accordance with the relevant resolutions of the House of Commons.

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