Parliamentary Standards Act 2009

5 MPs' allowances scheme U.K.

(1) The IPSA is to pay allowances to members of the House of Commons in accordance with the MPs' allowances scheme.

(2) In this Act “the MPs' allowances scheme” means the scheme prepared under this section as it is in effect for the time being.

(3) The IPSA must—

(a) prepare the scheme;

(b) review the scheme regularly and revise it as appropriate.

(4) In preparing or revising the scheme, the IPSA must consult—

(a) the Speaker of the House of Commons,

(b) the Committee on Standards in Public Life,

(c) the Leader of the House of Commons,

(d) any committee of the House of Commons nominated by the Speaker,

(e) members of the House of Commons,

(f) the Review Body on Senior Salaries,

(g) Her Majesty's Revenue and Customs,

(h) the Treasury, and

(i) any other person the IPSA considers appropriate.

(5) The Speaker must lay the scheme (or revision) before the House of Commons.

[F1 (5A) When the scheme (or revision) is laid, the IPSA must publish in a way it considers appropriate—

(a) the scheme (or revision), and

(b) a statement of its reasons for adopting that scheme (or making that revision).]

(6) The scheme (or revision) comes into effect on the date specified in the scheme (or revision).

(7) The scheme may, for example—

(a) provide for allowances to be payable in respect of specified kinds of expenditure or in specified circumstances;

(b) provide for allowances to be payable only on specified conditions (such as a condition that claims for allowances must be supported by documentary evidence);

(c) impose limits on the amounts that may be paid.

(8) The scheme may provide for allowances to be payable in connection with a person's ceasing to be a member of the House of Commons; [F2 and in relation to any such allowances, references in this Act to a member of the House of Commons include a former member of that House. ]

[F3 (8A) Any duty of the IPSA to pay an allowance to a member is subject to anything done in relation to the member in the exercise of the disciplinary powers of the House of Commons.]

(9) This section does not affect the provision of pensions for or in respect of persons with service as a member of the House of Commons (see [F4 Schedule 6 to the Constitutional Reform and Governance Act 2010] ).

(10) In section 3A(1) of the European Parliament (Pay and Pensions) Act 1979 (c. 50) (power to make order aligning MEPs' resettlement grants with MPs' resettlement grants), after “resolutions of the House of Commons” insert “ , or a scheme under section 5 of the Parliamentary Standards Act 2009, ”.

Textual Amendments

F1 S. 5(5A) inserted (7.5.2010) by Constitutional Reform and Governance Act 2010 (c. 25), ss. 28(3), 52; S.I. 2010/1277, art. 3(b)

F2 Words in s. 5(8) substituted (7.5.2010) by Constitutional Reform and Governance Act 2010 (c. 25), s. 52, Sch. 5 para. 3; S.I. 2010/1277, art. 3(i)(ii)

F3 S. 5(8A) inserted (7.5.2010) by Constitutional Reform and Governance Act 2010 (c. 25), ss. 30, 52; S.I. 2010/1277, art. 3(c)

F4 Words in s. 5(9) substituted (24.10.2011) by Constitutional Reform and Governance Act 2010 (c. 25), s. 52, Sch. 6 para. 47(1); S.I. 2011/2485, art. 2(1)(2)(c)(iii)

Commencement Information

I1 S. 5 in force at 29.3.2010 by S.I. 2010/1033, art. 2(a)