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House of Lords Reform Bill (HC Bill 52)

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Powers

8 The Appointments Commission may do anything (except borrow money)
which is calculated to facilitate the carrying out of its functions or is
incidental or conducive to the carrying out of those functions.

5Committees etc

9 (1) The Appointments Commission may establish committees, and any
committee may establish sub-committees.

(2) All members of a committee or sub-committee must be Commissioners.

(3) The Appointments Commission may delegate functions, other than the
10functions listed in sub-paragraph (5), to a committee or to one of the
Commissioners.

(4) A committee may delegate functions (including functions delegated to it) to
a sub-committee or to one of the Commissioners.

(5) The functions which the Appointments Commission may not delegate are—

(a) 15the preparation of a scheme under section 17(6) (criteria and
procedure for selection);

(b) the making of recommendations under section 17(7)
(recommendations to the Minister to amend the criteria);

(c) the selection of persons to recommend to the Prime Minister for
20appointment;

(d) the making of recommendations under sections 13(3) and 14(4)
(recommendations for appointment);

(e) the withdrawal of recommendations under section 18;

(f) the appointment of a chief executive under paragraph 11(1).

25Procedure and proceedings

10 (1) The Appointments Commission may determine its own procedure and the
procedure of its committees and sub-committees (including quorum).

(2) The validity of proceedings of the Appointments Commission or a
committee or sub-committee is not affected by—

(a) 30a vacancy among its members, or

(b) a defect in the appointment of a member.

Staff

11 (1) The Appointments Commission must appoint a chief executive.

(2) The Appointments Commission may appoint other staff.

(3) 35The chief executive and other staff are to be appointed on terms and
conditions determined by the Appointments Commission, having regard to
the desirability of keeping them broadly in line with those applying to
persons employed in the civil service of the State.

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Interim staff

12 (1) The chair of the Speakers’ Committee may appoint a person to act as chief
executive until the first appointment under paragraph 11(1) takes effect.

(2) A person acting under sub-paragraph (1) may incur expenditure and do
5other things (including appointing staff) in the name and on behalf of the
Appointments Commission—

(a) before the membership of the Commission is first constituted in
accordance with paragraph 1, and

(b) after that, until the Commission determines otherwise.

(3) 10A person’s powers under sub-paragraph (2) are exercisable subject to any
directions given to the person by the chair of the Speakers’ Committee.

(4) The chair of the Speakers’ Committee may, until the membership of the
Appointments Commission is first constituted in accordance with
paragraph 1, appoint other persons to the Commission’s staff.

15Staff pensions

13 (1) In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which a
scheme under section 1 of the Act may apply), at the end of the list of “Royal
Commissions and other Commissions” insert—

House of Lords Appointments Commission.

(2) 20The Appointments Commission must pay to the Minister for the Civil
Service the sums determined by the Minister in respect of any increase
attributable to this paragraph in the sums payable out of money provided by
Parliament under that Act.

Delegation to staff

14 (1) 25Any of the following may delegate any function (except one listed in
paragraph 9(5)) to any of the Appointments Commission’s staff—

  • the Appointments Commission;

  • a committee or sub-committee;

  • a Commissioner;

  • 30the chief executive.

(2) The functions that may be delegated under sub-paragraph (1) include any
function that has been delegated to the body or person in question.

Delegation and contracting out of superannuation functions

15 (1) Section 1(2) of the Superannuation Act 1972 (delegation of functions relating
35to civil service superannuation schemes by Minister for the Civil Service to
another officer of the Crown etc.) has effect as if the reference to an officer of
the Crown other than a Minister included a reference to the Appointments
Commission’s chief executive.

(2) Any administration function conferred on the chief executive under section
401(2) of that Act (in accordance with sub-paragraph (1)) may be carried out
by, or by employees of, any person authorised by the chief executive.

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(3) “Administration function” means a function of administering schemes made
under section 1 of that Act.

(4) Under sub-paragraph (2) the chief executive may authorise a person to carry
out administration functions—

(a) 5to their full extent or to a specified extent;

(b) in all cases or in specified cases;

(c) unconditionally or subject to specified conditions.

(5) An authorisation under sub-paragraph (2)

(a) is to be treated for all purposes as given by virtue of an order under
10section 69 of the Deregulation and Contracting Out Act 1994
(contracting out of functions of Ministers and office-holders);

(b) may be revoked at any time by the Appointments Commission or the
chief executive.

Status

16 (1) 15The Appointments Commission, its members and its staff are not to be
regarded—

(a) as the servants or agents of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) The Appointments Commission’s property is not to be regarded as property
20of, or property held on behalf of, the Crown.

Funding

17 (1) The Appointments Commission’s expenditure is to be paid out of money provided
by Parliament.

(2) For each financial year other than its first, the Appointments Commission
25must prepare an estimate of its use of resources and submit it to the
Speakers’ Committee.

(3) The Speakers’ Committee must review the estimate and decide whether it is
satisfied that the estimate is consistent with the efficient and cost-effective
performance by the Appointments Commission of its functions.

(4) 30If not so satisfied, the Speakers’ Committee must make such modifications
to the estimate as it considers necessary for achieving that consistency.

(5) Before deciding whether it is satisfied or making modifications, the
Speakers’ Committee must consult the Treasury and have regard to any
advice given.

(6) 35After the Speakers’ Committee has reviewed the estimate and made any
modifications, its chair must arrange for the estimate to be laid before the
House of Commons.

(7) If the Speakers’ Committee does not follow any advice given by the
Treasury, or makes any modifications to the estimate—

(a) 40it must prepare a statement of its reasons, and

(b) its chair must arrange for the statement to be laid before the House
of Commons.

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Accounts and accounting officer

18 (1) The Appointments Commission must keep proper accounting records.

(2) The Appointments Commission must, for each financial year, prepare
accounts in accordance with directions given to it by the Treasury.

(3) 5The Treasury may, in particular, give the Appointments Commission
directions as to—

(a) the information to be contained in the accounts and how it is to be
presented,

(b) the methods and principles in accordance with which the accounts
10are to be prepared, and

(c) any additional information that is to accompany the accounts.

(4) The Appointments Commission’s chief executive is its accounting officer.

Audit

19 (1) As soon as reasonably practicable after the end of each financial year, the
15Appointments Commission must submit its accounts for that year to—

(a) the Comptroller and Auditor General, and

(b) the Speakers’ Committee.

(2) The Comptroller and Auditor General must—

(a) examine and certify the accounts, and

(b) 20arrange for a copy of the certificate and the accounts, together with a
report on them, to be laid before Parliament.

Reports

20 (1) As soon as reasonably practicable after the end of each financial year, the
Appointments Commission must—

(a) 25prepare a report about the performance of its functions during that
year, and

(b) give a copy of it to the chair of the Speakers’ Committee.

(2) The Speakers’ Committee must consider the report.

(3) When the Speakers’ Committee has considered the report, its chair must
30arrange for the following documents to be laid before Parliament—

(a) a copy of the report, and

(b) a copy of any statement produced by the Committee setting out its
views on the report.

(4) Where a statement within sub-paragraph (3)(b) is laid before Parliament, the
35chair of the Speakers’ Committee must give a copy of the statement to the
Appointments Commission.

(5) When the report has been laid, the Appointments Commission must publish
it and any statement received under sub-paragraph (4).

Documentary evidence

21 (1) 40A document purporting to be duly executed under the seal of the
Appointments Commission or signed on its behalf—

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(a) is to be received in evidence, and

(b) unless the contrary is proved, is to be taken to be executed or signed
in that way.

(2) But this paragraph does not apply in relation to a document signed in
5accordance with the law of Scotland.

Disqualification

22 (1) In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(bodies of which all members are disqualified), at the appropriate place
insert—

  • 10The House of Lords Appointments Commission.

(2) In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (bodies of which all members are disqualified), at the appropriate
place insert—

  • The House of Lords Appointments Commission.

15Freedom of information

23 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
bodies and offices which are public authorities), the entry for “The House of
Lords Appointments Commission” is to be treated as a reference to the
Appointments Commission.

20Public records

24 In Schedule 1 to the Public Records Act 1958 (definition of public records) at
the appropriate place in Part 2 of the Table at the end of paragraph 3 insert—

  • The House of Lords Appointments Commission.

Interpretation

25 25In this Schedule “financial year” means—

(a) the period beginning with the day on which the Appointments
Commission is established and ending with the next 31 March, and

(b) each successive period of 12 months.

Section 12

SCHEDULE 6 30The Speakers’ Committee on the House of Lords Appointments Commission

Members

1 (1) The Speakers’ Committee is to consist of the following—

(a) the Speaker of the House of Commons;

(b) the Speaker of the House of Lords;

(c) 35a Minister of the Crown with responsibilities in relation to
constitutional matters who is a member of the House of Commons;

(d) four members of the House of Lords who are not Ministers of the
Crown;

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(e) four members of the House of Commons who are not Ministers of
the Crown;

(f) the person who chairs the relevant committee of the House of Lords;

(g) the person who chairs the relevant committee of the House of
5Commons.

(2) Members of the Speakers’ Committee are to be appointed—

(a) for the purposes of sub-paragraph (1)(c), by the Prime Minister,

(b) for the purposes of sub-paragraph (1)(d), by the House of Lords, and

(c) for the purposes of sub-paragraph (1)(e), by the House of Commons.

(3) 10The Speakers’ Committee is to select one of its members to chair it.

(4) For the purposes of sub-paragraph (1)(f) and (g), the relevant committee of
the House of Lords or the House of Commons is the committee of that House
concerned with constitutional matters, so far as relating to membership of
the House of Lords.

(5) 15Any question arising under sub-paragraph (4) is to be determined by the
Speaker of the House in question.

Term of office of members

2 (1) In this paragraph “appointed member of the Speakers’ Committee” means a
member appointed under paragraph 1(2).

(2) 20Except as provided by this paragraph, an appointed member of the
Speakers’ Committee is a member of the Speakers’ Committee for the
remainder of the Parliament in which the person is appointed.

(3) If an appointed member of the Speakers’ Committee who is a member of the
House of Lords ceases to be a member of that House, that person ceases to
25be a member of the Speakers’ Committee.

(4) If an appointed member of the Speakers’ Committee who is a member of the
House of Commons ceases to be a member of that House, that person ceases
to be a member of the Speakers’ Committee.

(5) If an appointed member of the Speakers’ Committee within paragraph
301(1)(d) or (e) becomes a Minister of the Crown, that person ceases to be a
member of the Speakers’ Committee.

(6) An appointed member of the Speakers’ Committee ceases to be a member of
the Speakers’ Committee if another person is appointed in that person’s
place.

(7) 35An appointed member of the Speakers’ Committee may resign from the
Speakers’ Committee by notifying the Committee.

(8) An appointed member of the Speakers’ Committee may be reappointed
(more than once).

Procedure

3 (1) 40The Speakers’ Committee may establish sub-committees.

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(2) The functions of the Speakers’ Committee under paragraph 17 of Schedule
5 (review of Appointments Commission’s estimates) are to be exercised by
a sub-committee which does not include any member of the House of Lords.

(3) Subject to that, the Speakers’ Committee may determine its own procedure
5and the procedure of its sub-committees (including quorum).

(4) The validity of proceedings of the Speakers’ Committee or a sub-committee
is not affected by—

(a) a vacancy among its members, or

(b) a defect in the appointment of a member.

Section 25

10SCHEDULE 7 Transitional members

Transitional members for first electoral period

1 (1) A person is a transitional member for the first electoral period if—

(a) before the beginning of that period, the person is selected as a
15transitional member for that period, and

(b) at the beginning of the day of the first House of Lords election, the
person is a peer who is entitled to receive writs of summons to attend
the House of Lords.

(2) The maximum number of persons who may be selected under this
20paragraph is two thirds of the number of peers who, at the beginning of 27
June 2012, were entitled to receive writs of summons to attend the House of
Lords.

(3) If the number given by sub-paragraph (2) is not a whole number, it is to be
rounded up to the nearest whole number.

25Transitional members for second electoral period

2 (1) A person is a transitional member for the second electoral period if—

(a) before the beginning of that period, the person is selected as a
transitional member for that period, and

(b) at the beginning of the day of the second House of Lords election, the
30person is a transitional member.

(2) The maximum number of persons who may be selected under this
paragraph is one third of the number of peers who, at the beginning of 27
June 2012, were entitled to receive writs of summons to attend the House of
Lords.

(3) 35If the number given by sub-paragraph (2) is not a whole number, it is to be
rounded up to the nearest whole number.

Selection of transitional members

3 (1) The selection of persons under paragraph 1 or 2 is to be made in accordance
with standing orders of the House of Lords.

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(2) The standing orders may make provision for persons to be selected in any
way (for example, by election or by reference to decisions made by political
parties or other groups of members).

(3) The standing orders may in particular—

(a) 5make provision about a person’s eligibility for selection;

(b) make provision under which the selection of a person is void.

(4) Anything required or permitted to be done by standing orders under this
paragraph may be done when the House of Lords is adjourned, or
Parliament is prorogued or dissolved; but this is subject to any provision
10made in the standing orders.

(5) A person may be selected under paragraph 1 in accordance with standing
orders made in anticipation of this paragraph being enacted or coming into
force.

Supplementary provisions

4 15In determining for the purposes of paragraph 1 or 2 whether a peer is
entitled to receive writs of summons to attend the House of Lords, section
427 of the Insolvency Act 1986 (no entitlement to writs of summons during
bankruptcy etc) is to be disregarded.

5 (1) Any question as to—

(a) 20the maximum number of persons who may be selected under
paragraph 1 or 2, or

(b) whether a person has been selected under paragraph 1 or 2,

is to be determined by the Clerk of the Parliaments.

(2) A certificate of the Clerk’s decision signed by the Clerk is conclusive.

6 25Where the selection of a person as a transitional member is void, no other
person is to be selected to replace that person.

7 Where a person ceases to be a transitional member, no other person is to be
selected to replace that person.

Section 26

SCHEDULE 8 30Persons disqualified from membership of the House of Lords

Part 1 Disqualifying offices

Meaning of “holding a disqualifying office” etc

1 (1) A person holds a disqualifying office if the person is of a description falling
35within any of the following paragraphs of this Part of this Schedule.

(2) But in relation to membership as a transitional member, a person holds a
disqualifying office only if the person is the Comptroller and Auditor
General.

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Persons with functions relating to Parliament, elections etc

2 A person who is any of the following—

  • the Comptroller and Auditor General;

  • the Parliamentary Commissioner for Administration;

  • 5the Public Standards Commissioner for Scotland;

  • a member of IPSA;

  • the Compliance Officer for IPSA;

  • a member of the Electoral Commission;

  • a member of the Boundary Commission for England;

  • 10a member of the Boundary Commission for Scotland;

  • a member of the Boundary Commission for Wales;

  • a member of the Boundary Commission for Northern Ireland;

  • a member of the Local Government Boundary Commission for
    England;

  • 15a member of the Local Government Boundary Commission for
    Scotland;

  • a member of the Local Government Boundary Commission for Wales;

  • a Local Government Boundaries Commissioner appointed under
    section 50 of the Local Government Act (Northern Ireland) 1972;

  • 20an electoral registration officer appointed under section 8 of the
    Representation of People Act 1983;

  • a returning officer under section 25(1) of the Representation of the
    People Act 1983 and any deputy returning officer appointed by such
    a returning officer;

  • 25the Chief Electoral Officer for Northern Ireland;

  • a whole-time officer appointed under section 14A(1) of the Electoral
    Law Act (Northern Ireland) 1962 (assistants to Chief Electoral
    Officer);

  • a returning officer or local returning officer designated by virtue of
    30provision made under section 7.

Holders of certain judicial offices

3 A person who is any of the following—

  • judge of the Supreme Court;

  • judge of the Court of Appeal in England and Wales;

  • 35judge of the High Court of Justice in England and Wales;

  • Circuit judge;

  • district judge in England and Wales;

  • District Judge (Magistrates’ Courts) (but not a Deputy District Judge
    (Magistrates’ Courts)) in England and Wales;

  • 40judge of the Court of Session, or Temporary Judge appointed under the
    Law Reform (Miscellaneous Provisions) (Scotland) Act 1990;

  • Chairman of the Scottish Land Court;

  • Sheriff Principal or Sheriff (other than Honorary Sheriff) appointed
    under the Sheriff Courts (Scotland) Act 1907, or Temporary Sheriff
    45Principal or part-time sheriff appointed under the Sheriff Courts
    (Scotland) Act 1971;

  • Stipendiary Magistrate in Scotland;

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  • judge of the Court of Appeal in Northern Ireland;

  • judge of the High Court in Northern Ireland;

  • county court judge or deputy county court judge in Northern Ireland;

  • district judge in Northern Ireland;

  • 5district judge (magistrates’ courts) or deputy district judge
    (magistrates’ courts) in Northern Ireland;

  • judge of the Court Martial Appeal Court;

  • judge of the Upper Tribunal;

  • judge of the First-tier Tribunal (including an adjudicator appointed
    10under section 5 of the Criminal Injuries Compensation Act 1995 by
    the Scottish Ministers);

  • Chief or other Social Security Commissioner (not including a deputy
    Commissioner);

  • Chief or other Child Support Commissioner for Northern Ireland or
    15deputy Child Support Commissioner for Northern Ireland;

  • Chief or other Social Security Commissioner for Northern Ireland or
    deputy Social Security Commissioner for Northern Ireland;

  • Adjudicator to Her Majesty’s Land Registry.

Civil servants

4 (1) 20A person employed in the civil service of the State.

(2) For this purpose it does not matter whether the person is employed full-time
or part-time or whether the person is employed in an established capacity or
not.

Members of the regular armed forces

5 (1) 25A member of the regular forces (within the meaning of the Armed Forces Act
2006) other than—

(a) a person recalled to service,

(b) a person who holds an emergency commission, or

(c) a person within sub-paragraph (2) who does not for the time being
30hold an appointment in the naval, military or air force service of the
Crown.

(2) A person is within this sub-paragraph if the person—

(a) is an Admiral of the Fleet, a Field Marshal or a Marshal of the Royal
Air Force, or

(b) 35has previously been appointed to any of the following roles—

(i) Chief of the Defence Staff;

(ii) Vice Chief of the Defence Staff;

(iii) Chief of the Naval Staff;

(iv) Chief of the General Staff;

(v) 40Chief of the Air Staff.

Police officers

6 A person employed as a full-time constable by—

(a) a police force maintained by a local policing body,

(b) the Police Service of Scotland, or