2011 No. 1274 (C. 52)

Parliament

The Constitutional Reform and Governance Act 2010 (Commencement No. 5) Order 2011

Made

The Leader of the House of Commons1 makes the following Order in exercise of the powers conferred by section 52(2) of the Constitutional Reform and Governance Act 20102:

Citation1

This Order may be cited as the Constitutional Reform and Governance Act 2010 (Commencement No. 5) Order 2011.

Commencement2

The following provisions of the Constitutional Reform and Governance Act 2010 come into force on 24th May 2011—

a

section 29 (MPs’ salaries);

b

section 38 and Schedule 5 (Parliamentary standards: consequential amendments) so far as not already in force; and

c

section 39 (resettlement grants for MEPs).

G. S. K. YoungLeader of the House of Commons
EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions of the Constitutional Reform and Governance Act 2010 which make amendments to the Parliamentary Standards Act 2009 (“the 2009 Act”) about the Independent Parliamentary Standards Authority (“the IPSA”) and its functions. All the provisions brought into force by this Order come into force on 24th May 2011.

The commenced provisions –

  • substitute a new section 4 of the 2009 Act and insert a new section 4A to provide for the IPSA to determine the amount of MPs’ salaries in addition to being responsible for paying the salaries of MPs (section 29(1));

  • provide that the first determination made by the IPSA does not have to come into effect before 1st April 2012 and remove the need for the IPSA to carry out a review in the first year of any Parliament beginning before 1st April 2012 (section 29(2));

  • provide that until the IPSA’s first determination comes into effect, the amounts of MPs’ salaries are to be determined in accordance with resolutions of the House of Commons (section 29)(3));

  • make consequential amendments in relation to MPs’ pay (section 38 and Schedule 5); and

  • amend the European Parliament (Pay and Pensions) Act 1979 to provide for the IPSA to make a scheme for the paying of an allowance, to those eligible, when they cease to be an MEP (section 39).

A regulatory impact assessment has not been prepared for this Order as no impact on the private or voluntary sectors is foreseen.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Constitutional Reform and Governance Act 2010 have been brought into force by a commencement order made before the date of this order.

Provision

Date of Commencement

S.I.No.

Section 26

19th April 2010

2010/1277

Section 27

7th May 2010

2010/1277

Section 28(1) to (3)

7th May 2010

2010/1277

Section 30

7th May 2010

2010/1277

Section 31(6)

7th May 2010

2010/1277

Section 32

7th May 2010

2010/1277

Section 36

7th May 2010

2010/1277

Section 37

7th May 2010

2010/1277

Section 38 (in part)

19th April 2010

2010/1277

7th May 2010

2010/1277

Schedule 3

19th April 2010

2010/1277

Schedule 5: paragraphs 1, 2(b), 4(1) and (2)(a), 5(1) and (3), 7(1); and 7(4) (in part)

19th April 2010

2010/1277

Schedule 5: paragraphs 2(a), 3, 4(2)(b), 5(2), 6, and 7(2), (3)(c) and (4)(c)

7th May 2010

2010/1277

Section 28(4)

Section 31(1) to (5)

Section 33

Section 34

Section 35

Section 38 (in part)

Schedule 4

Schedule 5: paragraph 4(3) and paragraph 7(3)(b), (4)(b), (4)(d) so far as not already in force, and (5)

27th July 2010

27th July 2010

27th July 2010

27th July 2010

27th July 2010

27th July 2010

27th July 2010

27th July 2010

2010/1931

2010/1931

2010/1931

2010/1931

2010/1931

2010/1931

2010/1931

2010/1931

Part 1 (the civil service)

Part 2 (ratification of treaties)

Part 3 (transparency of government financial reporting to parliament)

11th November 2010

11th November 2010

11th November 2010

2010/2703

2010/2703

2010/2703

Section 46(1) (in part)

Schedule 7: paragraphs 1 to 3, paragraph 5(2)(b) (in part), paragraph 5(4) (in part) and paragraph 6 (in part)

19th January 2011

19th January 2011

2011/46

2011/46