Ministerial and Parliamentary Offices Act 1938
F18[Statement of expenditure
10B.—(1) As soon as may be but not later than 120 days after the end of the financial year in which an allowance under section 10 has been paid to a parliamentary leader of a qualifying party or to an independent member, he or she shall prepare, or cause to be prepared, a statement of any expenditure from the allowance paid to the parliamentary leader or to the independent member, as the case may be.
(2) Subject to subsection (3) where a person who is the parliamentary leader of a qualifying party ceases to be parliamentary leader of the party in respect of which he or she has received an allowance or portion thereof under section 10—
(a) he or she, or
(b) where he or she ceases to be such leader by reason of his or her death, his or her personal representative,
shall prepare, or cause to be prepared, a statement of any expenditure from the allowance as soon as may be but not later than 120 days after the end of the financial year in which the allowance has been paid.
(3) Subsection (2) does not apply where the person who has ceased to be the parliamentary leader, or his or her personal representative, and the person who succeeds him or her as the parliamentary leader of the qualifying party, agree in writing that a statement of any expenditure from the allowance under section 10 paid to the former parliamentary leader shall be included in the next statement of his or her successor under subsection (1).
(4) Where an independent member in receipt of an allowance or portion thereof under section 10 dies his or her personal representative shall prepare, or cause to be prepared, a statement of any expenditure from the allowance as soon as may be but not later than 120 days after the end of the financial year in which the allowance has been paid.
(5) A statement prepared under this section shall comply with such requirements as to its form and content as may be provided for in guidelines, if any, under section 10G.
(6) A person who prepares, or causes to be prepared, a statement under this section, shall cause it to be audited by a F19[statutory auditor (within the meaning of section 2 of the Companies Act 2014)] and shall as soon as may be but in any event no later than the time limit specified in subsection (1), (2) or (4) (as the case may be) furnish the statement and the auditor’s report to the Commission.
(7) The period of 120 days referred to in subsections (1), (2) and (4) shall be extended by any period for which Dáil Éireann stands dissolved which coincides with that period.
(8) F20[…]]
Annotations
Amendments:
F18
Inserted (1.07.2014) by Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2014 (6/2014), s. 3, S.I. No. 210 of 2014, art. 2(b).
F19
Substituted (21.09.2018) by Companies (Statutory Audits) Act 2018 (22/2018), s. 69(a), S.I. No. 366 of 2018.
F20
Deleted (21.09.2018) by Companies (Statutory Audits) Act 2018 (22/2018), s. 69(b), S.I. No. 366 of 2018.
Modifications (not altering text):
C5
Section applied to independent members' allowances (1.06.2014) by Ministerial and Parliamentary Offices Act 1938 (Sections 10A, 10B, 10C and 10D) (Fixed Day) Order 2014(S.I. No. 211 of 2014), reg. 3.
3. The 1st day of July 2014 is fixed as the day on or after which sections 10A to 10D of the Act of 1938 shall apply to an allowance that is paid to an independent member.
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