The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Note: Point in time prospective is the latest available view of the legislation that includes by default all the prospective changes that might come into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Constitutional Reform and Governance Act 2010. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
Commencement Orders bringing legislation that affects this Act into force:
For section 9 of the Parliamentary Standards Act 2009 (investigations) substitute—
(1)The Compliance Officer may conduct an investigation if the Compliance Officer has reason to believe that a member of the House of Commons may have been paid an amount under the MPs' allowances scheme that should not have been allowed.
(2)An investigation may be conducted—
(a)on the Compliance Officer's own initiative,
(b)at the request of the IPSA,
(c)at the request of the member, or
(d)in response to a complaint by an individual.
(3)For the purposes of the investigation the member and the IPSA—
(a)must provide the Compliance Officer with any information (including documents) the Compliance Officer reasonably requires, and
(b)must do so within such period as the Compliance Officer reasonably requires.
(4)The Compliance Officer must, after giving the member and the IPSA an opportunity to make representations to the Compliance Officer, prepare a statement of the Compliance Officer's provisional findings.
(5)The Compliance Officer must, after giving the member and the IPSA an opportunity to make representations to the Compliance Officer about the provisional findings, prepare a statement of the Compliance Officer's findings (subject to subsection (7)).
(6)Provisional findings under subsection (4) and findings under subsection (5) may include—
(a)a finding that the member failed to comply with subsection (3),
(b)findings about the role of the IPSA in the matters under investigation, including findings that the member's being paid an amount under the MPs' allowances scheme that should not have been allowed was wholly or partly the IPSA's fault.
(7)If subsection (8) applies, the Compliance Officer need not make a finding under subsection (5) as to whether the member was paid an amount under the MPs' allowances scheme that should not have been allowed.
(8)This subsection applies if—
(a)the member accepts a provisional finding that the member was paid an amount under the MPs' allowances scheme that should not have been allowed,
(b)such other conditions as may be specified by the IPSA are, in the Compliance Officer's view, met in relation to the case, and
(c)the member agrees to repay to the IPSA, in such manner and within such period as the Compliance Officer considers reasonable, such amount as the Compliance Officer considers reasonable (and makes the repayment accordingly).
(9)Before specifying conditions under subsection (8)(b) the IPSA must consult the persons listed in section 9A(6).
(10)References in this section (and section 9A) to a member of the House of Commons include a former member of that House.
(1)The IPSA must determine procedures to be followed by the Compliance Officer in relation to investigations under section 9.
(2)The procedures must in particular include provision about—
(a)complaints under section 9(2)(d),
(b)representations under section 9(4),
(c)representations under section 9(5), and
(d)the circumstances in which the Compliance Officer must publish the documents listed in subsection (4).
(3)Provision under subsection (2)(b) must include provision giving the member who is the subject of the investigation—
(a)an opportunity to be heard in person, and
(b)an opportunity, where the Compliance Officer considers it appropriate, to call and examine witnesses.
(4)The documents referred to in subsection (2)(d) are—
(a)statements of provisional findings under section 9(4),
(b)statements of findings under section 9(5), and
(c)agreements under section 9(8).
(5)The IPSA must also determine procedures to be followed by the Compliance Officer as to the circumstances in which the Compliance Officer must publish—
(a)statements under section 6A(3), and
(b)penalty notices under paragraph 6 of Schedule 4.
(6)Procedures under this section must be fair, and before determining procedures the IPSA must consult—
(a)the Speaker of the House of Commons,
(b)the Leader of the House of Commons,
(c)the House of Commons Committee on Standards and Privileges,
(d)the Compliance Officer, and
(e)any other person the IPSA considers appropriate.”
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: