SCHEDULES
I1SCHEDULE 3Parliamentary Standards Act 2009: substituted Schedule 2
Schedule 2Compliance Officer
Appointment of Compliance Officer
1
1
The Compliance Officer is to be appointed by the IPSA.
2
The person to be appointed must be selected by the IPSA on merit on the basis of fair and open competition.
Terms and conditions: general
2
1
Subject to the provisions of this Schedule, the Compliance Officer holds office in accordance with the terms and conditions of the Compliance Officer's appointment.
2
Those terms and conditions are to be determined by the IPSA.
Term of office
3
1
The Compliance Officer is to be appointed for a fixed term not exceeding five years.
2
A person who has been appointed as the Compliance Officer may not be appointed again.
Resignation and removal from office
4
1
A person may resign from the office of Compliance Officer by giving written notice to the IPSA.
2
The IPSA may remove a person from the office of Compliance Officer if the person—
a
is convicted of an offence (see sub-paragraph (3)),
b
becomes bankrupt (see sub-paragraph (4)), or
c
is unfit or unable to carry out the functions of the office.
3
For the purposes of determining if the person is convicted of an offence—
a
it does not matter where the person is convicted, and
b
an act punishable under the law of a territory outside the United Kingdom constitutes an offence for the purposes of this paragraph (however it is described in that law).
4
A person becomes bankrupt if—
a
in England and Wales or Northern Ireland, a bankruptcy order is made in relation to the person, or
b
in Scotland, the person's estate is sequestrated.
Remuneration
5
1
The terms and conditions on which a person is appointed as the Compliance Officer 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 Compliance Officer 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 Compliance Officer'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 Compliance Officer with adequate resources for the Compliance Officer'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 Compliance Officer must—
a
prepare a report about the performance of the Compliance Officer's functions during that financial year, and
b
send the report to the IPSA.
2
The IPSA must send the report to the Speaker of the House of Commons, who must lay it before each House of Parliament.
3
When the Speaker lays the report, the Compliance Officer must publish it in such manner as the Compliance Officer considers appropriate.
4
“Financial year” means—
a
the period beginning with the day on which a Compliance Officer is first appointed and ending with the next following 31 March, and
b
each successive period of 12 months.
Vacancy in office of Compliance Officer
9
1
This paragraph applies if the office of Compliance Officer is vacant.
2
The IPSA may authorise a member of the IPSA's staff provided under paragraph 7(2) to carry out the functions of the Compliance Officer during the vacancy.
3
In relation to a vacancy of more than six months, the functions of the Compliance Officer may not be carried out by virtue of sub-paragraph (2) after the first six months.
Disqualification
10
1
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert—
“ Compliance Officer for the Independent Parliamentary Standards Authority. ”2
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert—
“ Compliance Officer for the Independent Parliamentary Standards Authority. ”Freedom of information
11
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices which are public authorities) at the appropriate place insert—
“ Compliance Officer for the Independent Parliamentary Standards Authority. ”Public records
12
In Schedule 1 to the Public Records Act 1958 (definition of public records) at the appropriate place in Part 2 of the Table at the end of paragraph 3 insert—
“ Compliance Officer for the Independent Parliamentary Standards Authority.”
Sch. 3 in force at 19.4.2010 by S.I. 2010/1277, art. 2(c)