Parliamentary Standards Act 2009

Section 3

SCHEDULE 2 Commissioner for Parliamentary Investigations

Appointment of Commissioner

1 (1) The Commissioner is to be appointed by Her Majesty on an address of the House of Commons.

(2) A motion for an address under sub-paragraph (1) may be made only with the agreement of the Speaker.

(3) The person the subject of the motion must have been selected by the Speaker on merit on the basis of fair and open competition.

(4) The Speaker must not select a candidate without the agreement of the Speaker’s Committee for the Independent Parliamentary Standards Authority.

Terms and conditions: general

2 (1) Subject to the provisions of this Schedule, the Commissioner holds office in accordance with the terms and conditions of the Commissioner’s appointment.

(2) Those terms and conditions are to be determined by the Speaker.

Term of office

3 (1) The Commissioner is to be appointed for a fixed term not exceeding five years.

(2) A person appointed as the Commissioner may not be appointed again.

Resignation and removal from office

4 (1) The Commissioner may resign from office by giving written notice to the Speaker.

(2) Her Majesty may remove the Commissioner from office on an address of both Houses of Parliament.

Remuneration

5 (1) The terms and conditions on which a person is appointed as the Commissioner may provide for the IPSA—

(a) to pay remuneration and allowances to the person;

(b) to make provision for a pension in relation to that person.

(2) The IPSA must make the payment or provision accordingly.

Status

6 (1) The Commissioner is not to be regarded—

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) The Commissioner’s property is not to be regarded as property of, or property held on behalf of, the Crown.

Funding

7 (1) The IPSA must provide the Commissioner with adequate resources for the Commissioner’s functions.

(2) In particular, the IPSA is responsible for providing staff to assist in the carrying out of those functions.

Annual report

8 (1) As soon as practicable after the end of each financial year, the Commissioner must prepare and the Speaker must lay before each House of Parliament a report about the performance of the Commissioner’s functions during that financial year.

(2) When the Speaker lays such a report, the Commissioner must publish it in such manner as the Commissioner considers appropriate.

(3) “Financial year” means—

(a) the period beginning with the day on which a Commissioner is first appointed and ending with the next following 31 March, and

(b) each successive period of 12 months.

Disqualification

9 (1) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (other disqualifying offices), at the appropriate place insert—

“Commissioner for Parliamentary Investigations.”

(2) In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (other disqualifying offices), at the appropriate place insert—

“Commissioner for Parliamentary Investigations.”

Freedom of information

10 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (other public bodies and offices which are public authorities) at the appropriate place insert—

“Commissioner for Parliamentary Investigations.”

Public records

11 In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public records) at the appropriate place in Part 2 of the Table at the end of paragraph 3 insert—

“Commissioner for Parliamentary Investigations.”

Interpretation

12 In this Schedule “the Speaker” means the Speaker of the House of Commons.