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The Ministerial and other Salaries Act 1975 (Amendment) Order 2011

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2011, ISBN 9780111509258

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order in Council laid before Parliament under section 1B of the Ministerial and other Salaries Act 1975, for approval by resolution of each House of Parliament.

Parliament

Made ***

Coming into force ***

At the Court at Buckingham Palace, the *** day *** of ***

Present,

The Queen’s Most Excellent Majesty in Council

In accordance with section 1B of the Ministerial and other Salaries Act 1975f1, a draft of this Order was laid before and approved by a resolution of each House of Parliament.

Accordingly, Her Majesty, in pursuance of section 1B of the Ministerial and other Salaries Act 1975, is pleased, by and with the advice of Her Privy Council, to make the following Order:-

Annotations to the whole text

Footnotes

f1

1975 c.27; section 1B was inserted by section 1(2) of the Ministerial and other Salaries Act 1997 (c.62).

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Ministerial and other Salaries Act 1975
  3. 3Speakers’ salaries
  4. 4Alteration of salaries
  5. 5Ministerial salaries
  6. 6Ministerial salaries
  7. 7Opposition Leaders’ and Whips’ salaries
  8. Signature
  9. Schedule 1Ministerial Salaries
  10. Schedule 2Opposition Leaders’ and Whips’ salaries
  11. Explanatory note

1Citation and commencement

This Order may be cited as the Ministerial and other Salaries Act 1975 (Amendment) Order 2011 and comes into force on the day after the day on which it is made.

2Amendment of the Ministerial and other Salaries Act 1975

The Ministerial and other Salaries Act 1975 is amended in accordance with articles 3 to 7 of this Order.

3Speakers’ salaries

In section 1—

(a)

in subsection (3)f1, for the annual amount specified as the salary of the Speaker of the House of Commons, substitute £75,766; and

(b)

in subsection (3A)f2, for the annual amount specified as the salary of the Speaker of the House of Lords, substitute £101,038.

4Alteration of salaries

In section 1Af1—

(a)

in subsection (1) for the words from “year” to “minimum annual amount,” substitute “relevant period, the annual amount”;

(b)

after subsection (1) insert—

“(1A)

“Relevant period” means—

(a)

the period beginning with the day after the day on which the relevant Parliament is dissolved and ending with the following 31st March (“the first relevant period”), and

(b)

each successive period of 12 months.

(1B)

The “relevant Parliament” means the Parliament in which subsection (1A) comes into force.”;

(c)

in subsection (2) for “year” substitute “period”; and

(d)

after subsection (2) insert—

“(2A)

If the first relevant period does not begin on 1st April, in relation to that period the reference in subsection (2) to 1st April of the period concerned is to be read as a reference to 1st April before the beginning of the first relevant period.”

5Ministerial salaries

For Parts I to IV of Schedule 1f1, substitute the provisions in Schedule 1 to this Order.

6Ministerial salaries

In paragraph 1 of Part V of Schedule 1—

(a)

in sub-paragraph (1)f1 omit the words from the first “or” to the end; and

(b)

after sub-paragraph (2) insert—

“(3)

For the purposes of this Schedule a person is a member of the House of Commons for the period beginning with the day after the day of the poll for the parliamentary election at which the person is elected, and ending with—

(a)

if the person is a member immediately before Parliament is dissolved, the day of the poll for the parliamentary general election which follows the dissolution;

(b)

otherwise, the day on which the person ceases to be a member.”

7Opposition Leaders’ and Whips’ salaries

For Part I of Schedule 2 f1, substitute the provisions in Schedule 2 to this Order.

Signature

Name

Clerk of the Privy Council

Schedule 1Ministerial Salaries

“PART I

Office

Salary

£
Prime Minister and First Lord of the Treasury76,762

Chancellor of the Exchequer

68,827

Salary if the holder is a member of the House of Commons

£

Salary if the holder is not a member of the House of Commons

£

Secretary of State

Any of the following offices for so long as the holder is a member of the Cabinet—

(a) Lord President of the Council

(b) Lord Privy Seal

(c) Chancellor of the Duchy of Lancaster

(d) Paymaster General

(e) Chief Secretary to the Treasury

(f) Parliamentary Secretary to the Treasury

(g) Minister of State

68,827101,038

PART II

Office

Salary if the holder is a member of the House of Commons

£

Salary if the holder is not a member of the House of Commons

£

1. Any of the offices listed at (a) to (g) of Part I above for so long as the holder is not a member of the Cabinet

2. Minister in charge of a public department of Her Majesty’s Government in the United Kingdom who is not a member of the Cabinet, and who is not eligible for a salary under any other provision of this Act

3. Financial Secretary to the Treasury

33,00278, 891

PART III

Office

Salary if the holder is a member of the House of Commons

£

Salary if the holder is not a member of the House of Commons

£
Attorney General95,772105,699
Solicitor General59,24891,755
Advocate General for Scotland59,24891,755

PART IV

Office

Salary if the holder is a member of the House of Commons

£

Salary if the holder is not a member of the House of Commons

£
Parliamentary Secretary other than Parliamentary Secretary to the Treasury23,69768,710
Treasurer of Her Majesty’s Household33,002

Comptroller of Her Majesty’s Household

Vice-Chamberlain of Her Majesty’s Household

Junior Lord of the Treasury

Assistant Whip, House of Commons

19,239
Captain of the Honourable Corps of Gentlemen-at-Arms78,891

Captain of the Queen’s

Bodyguard of the Yeoman of the Guard

68,710
Lord in Waiting63,537

”

Schedule 2Opposition Leaders’ and Whips’ salaries

“PART I

Position

Salary

£

In the House of Commons—Leader of the Opposition

Chief Opposition Whip

Assistant Opposition Whips

63,098

33,002

19,239

In the House of Lords—

Leader of the Opposition

Chief Opposition Whip

68,710

63,537

”

Explanatory note

(This note is not part of the Order)

This Order makes provision for changes in the salaries payable under section 1(1), (3) and (3A) of the Ministerial and other Salaries Act 1975 (“the 1975 Act”). The salaries covered by section 1(1), (3) and (3A) are those of Ministers, Opposition Leaders and Whips and the Commons and Lords Speakers.

Article 3 specifies the new salaries for the Commons and Lords Speakers.

Article 4 amends section 1A of the 1975 Act so that increases payable by virtue of the uprating formula in that section are not payable for the lifetime of this Parliament.

Article 5 provides for Schedule 1 to this Order to replace Parts I to IV of Schedule 1 to the 1975 Act. The replacement provisions set out the new salaries to be paid to Ministers in Schedule 1 to the 1975 Act.

Article 6(a) makes a consequential amendment to the 1975 Act. Article 6(b) amends the 1975 Act to provide that, for the purposes of Schedule 1, a person is a member of the House of Commons for the period beginning with the day after the day of the poll for the parliamentary election at which the person is elected and until the next election, if the person was a member immediately before a dissolution, or until they otherwise cease to be a member.

Article 7 provides for Schedule 2 to this Order to replace Part I of Schedule 2 to the 1975 Act. The replacement provisions set out the new salaries to be paid to Opposition Leaders and Whips.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.