Section 9A Procedures etcF1

United Kingdom

(1)

The IPSA must determine procedures to be followed by the Compliance Officer in relation to investigations under section 9.

(2)

The procedures must in particular include provision about—

(a)

complaints under section 9(2)(d),

(b)

representations under section 9(4),

(c)

representations under section 9(5), and

(d)

the circumstances in which the Compliance Officer must publish the documents listed in subsection (4).

(3)

Provision under subsection (2)(b) must include provision giving the member who is the subject of the investigation—

(a)

an opportunity to be heard in person, and

(b)

an opportunity, where the Compliance Officer considers it appropriate, to call and examine witnesses.

(4)

The documents referred to in subsection (2)(d) are—

(a)

statements of provisional findings under section 9(4),

(b)

statements of findings under section 9(5), and

(c)

agreements under section 9(8).

(5)

The IPSA must also determine procedures to be followed by the Compliance Officer as to the circumstances in which the Compliance Officer must publish—

(a)

statements under section 6A(3), and

(b)

penalty notices under paragraph 6 of Schedule 4.

(6)

Procedures under this section must be fair, and before determining procedures the IPSA must consult—

(a)

the Speaker of the House of Commons,

(b)

the Leader of the House of Commons,

(c)

the House of Commons Committee on Standards and Privileges,

(d)

the Compliance Officer, and

(e)

any other person the IPSA considers appropriate.

Annotations

Textual amendments

F1: Ss. 9, 9A substituted for s. 9 (27.7.2010) by Constitutional Reform and Governance Act 2010 (c. 25), ss. 33, 52; S.I. 2010/1931, art. 3(c) (with arts. 4, 5)