Parliamentary Standards Act 2009

[F1 Power to give repayment direction U.K.

Textual Amendments

F1 Sch. 4 inserted (27.7.2010) by Constitutional Reform and Governance Act 2010 (c. 25), ss. 34(2), 52, Sch. 4; S.I. 2010/1931, art. 3(d)(g) (with arts. 4, 5)

1 (1) This paragraph applies where the Compliance Officer— U.K.

(a) has conducted an investigation in respect of a member of the House of Commons under section 9, and

(b) has made findings under section 9(5) that the member was paid an amount under the MPs' allowances scheme (the “overpayment”) that—

(i) should not have been allowed, and

(ii) has not been repaid.

(2) The Compliance Officer—

(a) if sub-paragraph (3) applies, may give the member a direction under this paragraph (a “repayment direction”), and

(b) otherwise, must give the member a repayment direction.

(3) This sub-paragraph applies if the Compliance Officer has made findings under section 9(5) 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.

(4) A repayment direction must require the member to pay to the IPSA—

(a) if sub-paragraph (3) applies, such amount (not exceeding the amount of the overpayment) as the Compliance Officer considers reasonable, and

(b) otherwise, the amount of the overpayment.

(5) The repayment direction must specify the period (the “repayment period”) before the end of which that amount is to be paid.

(6) A repayment direction may also require the member to do one or both of the following before the end of the repayment period—

(a) pay to the IPSA interest on the amount mentioned in sub-paragraph (4), at the rate and in relation to the period specified in the direction;

(b) pay to the IPSA an amount reasonably representing the costs incurred by the IPSA in relation to the overpayment, including the costs of the Compliance Officer in conducting the investigation.

(7) The Compliance Officer must send a copy of the repayment direction to the IPSA.

(8) References in this Part of this Schedule to a member of the House of Commons include a former member of that House.

(9) In this Schedule “overpayment”, “repayment direction” and “repayment period” have the meaning given by this paragraph (but in relation to the repayment period, see further paragraph 4(3)).]