58No debts arise as a result of incorrect personal advice given by IPEA

58 No debts arise as a result of incorrect personal advice given by IPEA

(1) A member is not liable for a debt under section 38 or 57 in relation to public resources provided to or in relation to the member if: (a) the member or any other person engaged in conduct; and (b) as a result of the conduct, the member contravened section 26, 27 or 28 in relation to the public resources; and (c) before the resources were provided or the conduct was engaged in, the member was given personal advice under paragraph 12(1)(a) of the Independent Parliamentary Expenses Authority Act 2017 in relation to the conduct; and (d) the advice was that the conduct would not result in a contravention of section 26, 27 or 28; and (e) the advice was not given on the basis of information that was false or misleading (whether the information was given by the member or any other person).

Note: Personal advice IPEA gives under paragraph 12(1)(a) of the Independent Parliamentary Expenses Authority Act 2017 to a person appointed by a member under subsection 12(1C) of that Act is taken to have been given to the member (see subsection 12(1E) of that Act).

(2) However, subsection (1) does not apply if the conduct was engaged in after a ruling in relation to the member had been given under section 37 determining that the personal advice was not correct. Former members (3) This section applies after a person ceases to be a member in relation to conduct engaged in while the person was a member as if a reference to a member included a reference to a former member.