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Assembly Members (Independent Financial Review and Standards) Act (Northern Ireland) 2011

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PART 1N.I.THE [F1INDEPENDENT REMUNERATION BOARD]

Textual Amendments

Establishment and functionsN.I.

Establishment and membership of the [F2Board] N.I.

1—(1) There shall be a body known as the [F3Independent Remuneration Board].

(2) The members of the [F2Board] are the Chair and two other members.

Textual Amendments

Functions of the [F2Board] N.I.

2—(1) The functions of the [F2Board] are to make determinations as to—

(a)the salaries F4... payable to members of the Assembly under section 47 of the 1998 Act; and

(b)the [F5pensions and gratuities] payable under section 48 of that Act.

(2) The [F2Board] shall exercise its functions with a view to achieving the objectives of—

(a)ensuring probity, accountability and value for money with respect to the expenditure of public funds;

(b)securing for members of the Assembly a level of remuneration which—

(i)fairly reflects the complexity and importance of their functions as members of the Assembly; and

(ii)does not, on financial grounds, deter people with the necessary commitment and ability from seeking election to the Assembly; F6...

F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(2A) In exercising its function under subsection (1)(a), the Board must have regard to the salaries payable to members of—

(a)the House of Commons;

(b)the Scottish Parliament;

(c)Senedd Cymru (the Welsh Parliament); and

(d)Dáil Éireann (the House of Representatives of Ireland) and Seanad Éireann (the Senate of Ireland).]

(3) The [F2Board] shall keep under review the extent to which, having regard to—

(a)experience gained from the operation of its determinations,

(b)changes in the functions of members of the Assembly, and

(c)any other relevant circumstances,

its determinations appear to be achieving the objectives in subsection (2).

(4) The [F2Board] may consider any other matter which is relevant to the discharge of its functions, either on its own initiative or at the written request of the Commission.

Textual Amendments

Independent statusN.I.

Independence and opennessN.I.

3—(1) The [F2Board] shall not, in the exercise of its functions, be subject to the direction or control of—

(a)the Assembly; or

(b)the Commission.

(2) A [F2Board] member is not a member of the staff of the Assembly.

(3) The [F2Board] shall—

(a)act in such a manner that its decisions and its reasons for those decisions are readily ascertainable;

(b)publish such information as will enable the public to be kept informed about its activities.

(4) Subsection (3) does not prevent the [F2Board] from—

(a)considering a matter in private,

(b)maintaining the privacy of its consideration of that matter, or

(c)refraining from publishing material relating to that matter,

if, in the opinion of the [F2Board], the nature of that matter makes it appropriate to do so.

Textual Amendments

Appointments, etc.N.I.

Appointments to the [F2Board] N.I.

4—(1) The Chair and other [F2Board] members shall be appointed by the Commission.

(2) Each appointment shall be for a term of 5 years from the date of the appointment.

(3) A person may not be appointed to be a [F2Board] member if that person has already been appointed to be a [F2Board] member on two occasions.

[F8(4) At any one time no more than one Board member may be a former member of the Assembly.]

Textual Amendments

Disqualification from membership of the [F2Board] N.I.

5—(1) Schedule 1 makes provision as to the persons who are disqualified from being appointed or serving as [F2Board] members.

(2) The Commission may by order amend Schedule 1.

(3) An order under this section shall not be made unless a draft of the order has been laid before and approved by resolution of the Assembly.

Textual Amendments

Termination of membership of the [F2Board] N.I.

6—(1) The appointment of a person as a [F2Board] member ceases—

(a)on the expiry of the term for which that person was appointed;

(b)if that person resigns by giving notice in writing to the Commission;

(c)if that person becomes disqualified from being a [F2Board] member; or

(d)if the Commission dismisses that person under subsection (2).

(2) The Commission may dismiss a person from office as a [F2Board] member if it is satisfied that—

(a)the person has been convicted of a criminal offence;

(b)the person has become bankrupt [F9or is the subject of a bankruptcy restrictions order] [F10or has had a debt relief order made in respect [F11of them] or is the subject of a debt relief restrictions order] or made an arrangement or composition with the person's creditors;

(c)the person has without reasonable excuse failed to discharge the functions of a [F2Board] member for a continuous period of 3 months beginning not earlier than 6 months before the day of dismissal;

(d)the person is unfit or unable to carry out those functions.

Textual Amendments

[F12Temporary appointmentsN.I.

6A.—(1) The Commission may appoint a temporary Chair where a person ceases to be Chair (whether at the end of their term of appointment or otherwise) and—

(a)a replacement has not been appointed; or

(b)the replacement’s appointment has not yet taken effect.

(2) The Commission may appoint a temporary member of the Board where a person ceases to be a Board member (whether at the end of their term of appointment or otherwise) and—

(a)a replacement has not been appointed; or

(b)the replacement’s appointment has not yet taken effect.

(3) A temporary appointment lapses—

(a)when the appointment of the replacement takes effect; and

(b)in any event, at the end of the period of 12 months beginning with the date on which the temporary appointment takes effect.

(4) Where a temporary appointment lapses under subsection (3)(b) the Commission may renew it or make a new temporary appointment.

(5) Temporary appointments are to be disregarded for the purposes of section 4(3).

(6) But a person must not be appointed as a temporary appointment if the person is not eligible to be appointed as a Board member by reason of section 4(3).

(7) The Commission may by order make provision about appointments under this section.

(8) An order under subsection (7) shall not be made unless a draft of the order has been laid before and approved by resolution of the Assembly.

(9) Subject to the preceding provisions of this section, a temporary appointment is to be treated for all purposes (including, for example, for the purposes of section 5) as if it were an appointment under section 4(1).

(10) But an order under subsection (7) may disapply or modify a provision of this Act (other than section 4(4)) in its application to a temporary appointment.]

Textual Amendments

Code of conduct for [F2Board] membersN.I.

7—(1) The [F2Board] shall issue a code of conduct for its members.

(2) The code of conduct shall in particular—

(a)incorporate the Nolan principles or such other similar principles as may be adopted by the [F2Board] from time to time; and

(b)include provision about the disclosure of interests by [F2Board] members.

(3) The [F2Board] shall keep the code of conduct under review.

(4) In this section “the Nolan principles” means the 7 general principles of public life set out in the First Report of the Committee on Standards in Public Life (Cm 2850).

Textual Amendments

Administration and financeN.I.

8  Schedule 2 makes administrative and financial provision about the [F2Board].

Textual Amendments

Annual reportN.I.

9  The [F2Board] shall, as soon as practicable after the end of each financial year, provide to the Commission a report on the performance of its functions, including the use of resources, during that financial year.

Textual Amendments

ProcedureN.I.

Meetings of the [F2Board] N.I.

10—(1) Subject to section 11, the [F2Board] shall determine its own procedure and when it is to meet.

(2) The validity of the [F13Board’s] proceedings and determinations shall not be affected by—

(a)a vacancy among the [F2Board] members; or

(b)a defect in the appointment of any [F2Board] member.

Textual Amendments

DeterminationsN.I.

Exercise of functionsN.I.

11—(1) Subject to subsection (3), the [F2Board] shall make the determinations referred to in section 2(1) only once in respect of each Assembly.

(2) Subject to subsection (3), the [F2Board] shall not make the determinations referred to in section 2(1) in respect of an Assembly if the date of the poll for the election of that Assembly—

(a)was directed under section 32(4) of the 1998 Act; and

(b)occurs within one year of the date of the poll for the election of the immediately preceding Assembly.

(3) If at any time the [F2Board] is of the opinion that it is reasonable and appropriate—

(a)for a determination relating to pensions to be made, the [F2Board] may make such a determination;

(b)that due to exceptional circumstances the restriction in subsection (1) or (2) should not apply, the [F2Board] may make determinations—

(i)more than once in respect of each Assembly,

(ii)in respect of such an Assembly as is described in subsection (2),

as the case may be.

(4) Subject to subsection (6), the [F2Board] shall, so far as reasonably practicable, make the determinations referred to in section 2(1) [F14at least 6 months before the date of the poll] for the election of the Assembly in respect of which the determination is made.

(5) The [F2Board] shall, as soon as reasonably practicable after its establishment, make the determinations referred to in section 2(1) in respect of the Assembly existing at that time.

[F15(5A) Before making a determination under section 2(1) the Board shall—

(a)publish a draft determination;

(b)consult the following on the draft—

(i)members of the Assembly;

(ii)the Commission;

(iii)the trustees of any pension scheme established in accordance with a previous determination and still in operation; and

(iv)any other persons the Board thinks appropriate.]

(6) Any determination made under section 2(1) shall have the effect (whether or not expressly so provided) of revoking any determination or provision—

(a)made under section 47 or 48 of the 1998 Act before the coming into operation of this Part; and

(b)relating to the same subject-matter as the determination made under section 2(1).

(7) Every determination made by the [F2Board] shall state the date from which it is to have effect (which may be a date before the date of the determination) and shall continue in effect until revoked by a subsequent determination relating to the same subject-matter.

(8) For the purposes of subsection (3)(b), the occurrence of an election for which the poll is directed under section 32(4) of the 1998 Act does not in itself give rise to exceptional circumstances.

[F16(8A) Before forming such an opinion as is referred to in subsection (3)(b), the Board must consult the Commission.]

(9) If the [F2Board] forms such an opinion as is referred to in subsection (3), it shall—

(a)state in writing its reasons for having done so, and

(b)communicate that statement to the Commission,

at the same time as it communicates to the Commission the determination to which the statement relates.

(10) The Commission shall publish any statement made under subsection (9) as if it were a determination.

Textual Amendments

Contents of determinations: salaries F17...N.I.

12—(1) This section applies to any determination made under section 2(1)(a).

(2) A determination to which this section applies may make different provision for different cases (for example, provision for higher salaries to be payable to Ministers or other office holders).

(3) A determination to which this section applies shall ensure that, if a salary is payable to a member of the Assembly (“M”) as a member of [F18the House of Lords] or as a member of the European Parliament—

(a)if M does not hold an office within subsection (6), no salary is payable to M under section 47 of the 1998 Act;

(b)if M holds an office within subsection (6), the salary which would otherwise be payable to M under section 47 of the 1998 Act is reduced by the appropriate amount.

(4) For the purposes of subsection (3), the appropriate amount is the amount of the salary payable under section 47 of the 1998 Act to members of the Assembly generally.

(5) For the purposes of this section—

(a)a person's membership of the Assembly begins on the day on which the person takes his or her seat in accordance with standing orders; and

(b)a person's holding of an office within subsection (6) begins on the day on which the person takes up office.

(6) An office is within this subsection if the salary payable under section 47 of the 1998 Act to a member of the Assembly holding the office is higher than the salary payable under that section to members of the Assembly generally.

(7) For the purposes of this section, a person who is a member of the Assembly immediately before the Assembly is dissolved shall be treated—

(a)if the person continues to hold office as a Minister or junior Minister, as Presiding Officer or deputy or as a member of the Commission, as if the person were a member of the Assembly until the end of the day on which he or she ceases to hold the office; and

(b)if the person does not fall within paragraph (a) but is nominated as a candidate at the subsequent general election, as if the person were a member of the Assembly until the end of the day of the poll for that election.

(8) In this section—

“deputy”, in relation to the Presiding Officer, means any deputy Presiding Officer elected under section 39 of the 1998 Act;

“junior Minister” means a person appointed as a junior Minister under section 19 of the 1998 Act;

“Minister” has the meaning given by section 7(3) of the 1998 Act.

Textual Amendments

Modifications etc. (not altering text)

Contents of determinations: [F19pensions and gratuities] N.I.

13—(1) This section applies to any determination made under section 2(1)(b).

(2) A determination to which this section applies may include provision for—

(a)contributions or payments towards provision for [F20pensions or gratuities];

(b)the establishment and administration (whether by the Commission or otherwise) of one or more pension schemes.

(3) Where any salary payable to a person under section 47 of the 1998 Act is not payable because of either or both of sections 47A and 47B of that Act, any provision made under this section for the payment of pensions which has effect in relation to that person shall apply as if the salary were payable.

Textual Amendments

Availability of determinationsN.I.

14—(1) Every determination made by the [F2Board] under this Part shall be in writing.

(2) As soon as reasonably practicable after any determination has been made—

(a)the [F2Board] shall communicate the determination to the Commission; and

(b)the Commission shall publish the determination in full.

Textual Amendments

MiscellaneousN.I.

Meaning of “the [F2Board]”N.I.

15  In this Part “the [F2Board]” means the [F21Independent Remuneration Board] established by section 1(1).

Textual Amendments

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