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

Statutory Instruments

2011 No. 1274 (C. 52)

Parliament

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

Made

17th May 2011

The Leader of the House of Commons(1) makes the following Order in exercise of the powers conferred by section 52(2) of the Constitutional Reform and Governance Act 2010(2):

Citation

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

Commencement

2.  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. Young

Leader of the House of Commons

17th May 2011

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

(1)

The Leader of the House of Commons is the Minister of the Crown designated as such by the Prime Minister.

(2)

2010 c.25.