OpenLegislation

Paragraph 2

(1)

A person ceases to be a member of the Estimates Commission—

(a)

on becoming a Minister of the Crown,

(b)

on the passing of a resolution to that effect by the relevant House,

(c)

on ceasing to be a member of the relevant House (subject to sub-paragraph (4)),

(d)

if the relevant House orders the suspension of the member from the service of that House for a specified period of the requisite length, or

(e)

in the case of a Lords member, the member is granted leave of absence in accordance with Standing Orders of the House of Lords.

(2)

For the purposes of sub-paragraph (1)(d) a specified period is “of the requisite length” if—

(a)

where the period is expressed as a number of sitting days, it is a period of at least 10 sitting days, or

(b)

in any other case, the period (however expressed) is a period of at least 14 days.

(3)

For the purposes of sub-paragraph (1)(d) it does not matter—

(a)

when the period of suspension starts, and

(b)

where that period is expressed as a number of sitting days, what provision (if any) is made by the relevant House regarding what does, or does not, count as a sitting day for the purpose of calculating that period.

(4)

Where a Commons member ceases to be a member of the House of Commons on the dissolution of Parliament prior to a Parliamentary general election—

(a)

sub-paragraph (1)(c) does not apply, and

(b)

unless the person is re-elected to the House of Commons at the election, the person ceases to be a member of the Estimates Commission—

(i)

on the appointment of a new Commons member in the person's place, or

(ii)

if no new Commons member is appointed, at the end of the period of 6 months beginning with the date on which the person ceases to be a member of the House of Commons.

(5)

For the purposes of this Schedule (other than this paragraph), a person is to be treated as a member of the House of Commons for any period during which—

(a)

the person continues to be a member of the Estimates Commission as a result of sub-paragraph (4)(a), and

(b)

is not a member of the House of Commons.

(6)

In this paragraph “the relevant House”, in relation to a member of the Estimates Commission, means the House of Parliament from which the member is drawn.