Investigation and enforcement

Investigations
9
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.
For expiry of s. 9 see s. 15
Ss. 9, 9A substituted for s. 9 (27.7.2010) by Constitutional Reform and Governance Act 2010 (c. 25), ss. 33, 52; S.I. 2010/1931, art. 3(c) (with arts. 4, 5)