7Calculation of salaries and allowances under section 6

7 Calculation of salaries and allowances under section 6

(1) Any payment to which any person is entitled under section 6 by reason only of being a member of the Council or the Assembly is to be calculated—

(a) from and including the day appointed for taking the poll at the election at which the person was elected; or

(b) in the case of a person elected at a by‑election without the taking of a poll, from and including the day of the declaration of the election; or

(c) in the case of a person who becomes a member of the Council as a result of being chosen under section 27A of the Constitution Act 1975 to fill a casual vacancy in the Council, from and including the day that the person is chosen to fill the casual vacancy.

(2) Subject to subsections (4) and (5), in the case of any member who immediately before retirement from the Council or the Assembly by effluxion of time was a member of the Council or the Assembly, any payment referred to in section 6 is to be calculated up to but excluding the day appointed for taking the poll at the next following general election.

(3) Subject to subsections (4) and (5), in any case other than that specified in subsection (2) any payment referred to in section 6 is to be calculated up to the day when the member ceases to be a member.

(4) Subject to subsection (6), any payment to a person holding an office under the Crown or in the Parliament is to be calculated from and including the day upon which the person was appointed to the office up to and including the day upon which the person ceases to hold the office.

(5) For the purpose of calculating the entitlement under section 6 of a person who, immediately before a dissolution of the Assembly, holds the office of—

(a) Leader of the Opposition;

(b) Deputy Leader of the Opposition in the Assembly;

(c) Leader of the Opposition in the Council;

(d) Leader of the Third Party in the Assembly;

(e) Cabinet Secretary;

(f) Shadow Minister;

(g) Deputy Leader of the Opposition in the Council;

(h) Leader of the Third Party in the Council;

(i) Parliamentary Secretary—

is to be taken to continue to hold that office up to but excluding the day appointed for taking the poll at the next following general election.

(6) For the purpose of calculating the entitlement under subsection (2), a person who is a responsible Minister of the Crown or the President or the Speaker is to be taken to continue to hold office and to be a member so long as the person is or is deemed to be a responsible Minister or the Presiding Officer of the Council or the Assembly.