Parliamentary Buildings (Restoration and Renewal) Bill (HC Bill 388)

Parliamentary Buildings (Restoration and Renewal) BillPage 10

SCHEDULES

Section 2

SCHEDULE 1 The Parliamentary Works Sponsor Body

Part 1 5Members of the Sponsor Body

Membership

1 (1) The Sponsor Body is to consist of the following members—

(a) a chair appointed in accordance with paragraph 2,

(b) at least 2 but not more than 4 persons appointed in accordance with
10paragraph 3, and

(c) at least 4 but not more than 8 persons appointed from amongst both
the members of the House of Commons and the members of the
House of Lords (and see also paragraph 4).

(2) In this Schedule—

(a) 15references to the “external members” are to the chair and the
members referred to in sub-paragraph (1)(b);

(b) references to the “Parliamentary members” are to the members
referred to in sub-paragraph (1)(c).

(3) The number of Parliamentary members must be greater than the number of
20external members.

External members: appointment

2 (1) The chair is to be appointed by the House Commissions.

(2) A person may be appointed as the chair only if the person has been selected
for appointment by the House Commissions on merit on the basis of fair and
25open competition.

(3) A person may not be appointed as the chair if the person is—

(a) a member of either House of Parliament,

(b) a Minister of the Crown,

(c) a member of either of the House Commissions, or

(d) 30a director of the Delivery Authority (other than a director within
paragraph 1(1)(c) of Schedule 2).

(4) The appointment of the chair does not have effect unless it is confirmed by
a resolution of each House of Parliament.

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3 (1) The external members (other than the chair) are to be appointed by the
Sponsor Body.

(2) A person may be appointed under this paragraph only if the person has been
selected for appointment by the Sponsor Body on merit on the basis of fair
5and open competition.

(3) A person may not be appointed under this paragraph if the person is—

(a) a member of either House of Parliament,

(b) a Minister of the Crown,

(c) a member of either of the House Commissions, or

(d) 10a director of the Delivery Authority (other than a director within
paragraph 1(1)(c) of Schedule 2).

(4) The functions conferred by this paragraph on the Sponsor Body are to be
discharged by the House Commissions—

(a) before the Sponsor Body is first constituted in accordance with
15paragraph 1(1), or

(b) at any time when the number of external members is less than 2.

(5) The appointment of an external member under this paragraph does not have
effect unless it is confirmed by a resolution of each House of Parliament.

Parliamentary members: appointment

4 (1) 20A person may not be appointed as a Parliamentary member if the person
is—

(a) a member of either of the House Commissions,

(b) a Minister of the Crown,

(c) a director of the Delivery Authority (other than a director within
25paragraph 1(1)(c) of Schedule 2), or

(d) a member of the Estimates Commission.

(2) The appointment of a Parliamentary member does not have effect unless it
is confirmed by a resolution of the House of Parliament from which the
person is drawn.

30Terms of appointment: general

5 (1) An external member of the Sponsor Body holds and vacates office in
accordance with the terms and conditions of the member’s appointment
(subject to this Schedule).

(2) A Parliamentary member of the Sponsor Body holds and vacates office in
35accordance with terms and conditions set by the Sponsor Body (subject to
this Schedule).

6 (1) A member must be appointed for a fixed term of not more than 3 years.

(2) Those responsible for setting fixed terms for members must have regard to
the desirability of securing that appointments do not all expire at the same
40time.

(3) The reference in sub-paragraph (2) to those responsible for setting fixed
terms is a reference to the House Commissions (in the case of the chair) and
the Sponsor Body (in the case of other members).

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7 The previous appointment of a person as a member does not affect the
person’s eligibility for re-appointment.

Remuneration for external members

8 The Sponsor Body may pay to an external member such remuneration and
5allowances as the Sponsor Body may determine.

Code of conduct

9 (1) The Sponsor Body must issue, and may from time to time revise, a code of
conduct for its members.

(2) The code must in particular—

(a) 10incorporate the Nolan principles or such other similar principles as
may be adopted by the Sponsor Body from time to time, and

(b) include provision about the disclosure of interests by the members of
the Sponsor Body.

(3) “The Nolan principles” means the 7 general principles of public life set out
15in the First Report of the Committee on Standards in Public Life (Cm 2850).

Resignation, suspension and removal

10 (1) In this paragraph “the appropriate authority” means—

(a) in relation to the chair, the House Commissions, and

(b) in relation to any other member, the chair.

(2) 20A member of the Sponsor Body may resign by giving notice in writing to the
appropriate authority.

(3) The appropriate authority may without notice suspend a member of the
Sponsor Body from office if it appears to the appropriate authority that the
member—

(a) 25has failed without reasonable excuse to carry out the member’s
functions, or

(b) is unable or unfit to carry out the member’s functions.

(4) The period of suspension must not exceed 3 months.

(5) The appropriate authority must review the suspension before the expiry of
30the period of suspension.

(6) Following a review, the appropriate authority may—

(a) revoke the suspension, or

(b) decide that the member should be removed from office.

(7) A decision under sub-paragraph (6)(b) does not have effect unless it is
35confirmed—

(a) in the case of an external member, by a resolution of each House of
Parliament, or

(b) in the case of a Parliamentary member, by a resolution of the House
of Parliament from which the member is drawn.

11 (1) 40A Parliamentary member ceases to be a member of the Sponsor Body if—

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(a) the member ceases to be a member of the relevant House (but see
sub-paragraph (4)),

(b) the relevant House orders the suspension of the member from the
service of that House for a specified period of the requisite length,

(c) 5the member becomes—

(i) a member of either of the House Commissions, or

(ii) a Minister of the Crown,

(d) the member becomes a director of the Delivery Authority (other than
a director within paragraph 1(1)(c) of Schedule 2), or

(e) 10in the case of a Lords member, the member is granted leave of
absence in accordance with Standing Orders of the House of Lords.

(2) For the purposes of sub-paragraph (1)(b) a specified period is “of the
requisite length” if—

(a) where the period is expressed as a number of sitting days, it is a
15period of at least 10 sitting days, or

(b) in any other case, the period (however expressed) is a period of at
least 14 days.

(3) For the purposes of sub-paragraph (1)(b) it does not matter—

(a) when the period of suspension starts, and

(b) 20where that period is expressed as a number of sitting days, what
provision (if any) is made by the relevant House regarding what
does, or does not, count as a sitting day for the purpose of calculating
that period.

(4) Where a Commons member ceases to be a member of the House of
25Commons on the dissolution of Parliament prior to a Parliamentary general
election—

(a) sub-paragraph (1)(a) does not apply, and

(b) unless the person is re-elected to the House of Commons at the
election (and subject to the earlier expiry of the person’s term of
30appointment), the person ceases to be a member of the Sponsor
Body—

(i) on the appointment of a new Parliamentary member in the
person’s place, or

(ii) if no new Parliamentary member is appointed, at the end of
35the period of 6 months beginning with the date on which the
person ceases to be a member of the House of Commons.

(5) For the purposes of this Schedule (other than this paragraph), a person is to
be treated as a member of the House of Commons for any period during
which—

(a) 40the person continues to be a member of the Sponsor Body as a result
of sub-paragraph (4)(a), and

(b) is not a member of the House of Commons.

(6) In this paragraph—

  • “Commons member” and “Lords member” mean a person who is a
    45Parliamentary member by virtue of being a member of the House of
    Commons or the House of Lords (as the case may be);

  • “the relevant House”, in relation to a Parliamentary member, means the
    House of Parliament from which the member is drawn.

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12 An external member ceases to be a member of the Sponsor Body on
becoming—

(a) a member of either House of Parliament,

(b) a Minister of the Crown,

(c) 5a member of either of the House Commissions, or

(d) a director of the Delivery Authority (other than a director within
paragraph 1(1)(c) of Schedule 2).

Interim chair

13 (1) The House Commissions may appoint one of the external members of the
10Sponsor Body to be its interim chair if—

(a) the office of chair is vacant, or

(b) the chair is suspended from office under paragraph 10(3).

(2) Appointment as interim chair is for a term ending on the earliest of—

(a) the appointment of a new chair,

(b) 15the revocation or expiry of the existing chair’s suspension, and

(c) the end of the interim chair’s term as an external member.

(3) The previous appointment of a person as interim chair does not affect the
person’s eligibility for re-appointment as interim chair.

Part 2 20Powers, procedure, reporting etc

Status

14 (1) The Sponsor Body is not to be regarded—

(a) as a servant or agent of the Crown, or

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

(2) 25The members and staff of the Sponsor Body are not to be regarded as Crown
servants.

Powers

15 The Sponsor Body may do anything that is calculated to facilitate the
carrying out of its functions or is incidental or conducive to the carrying out
30of those functions.

Staff

16 (1) The Sponsor Body must appoint a person to be its chief executive officer.

(2) The chief executive officer is a member of the Sponsor Body’s staff and is to be
appointed on terms and conditions determined by the Sponsor Body.

(3) 35The Sponsor Body may appoint other staff on terms and conditions determined by
the Sponsor Body.

(4) In determining terms and conditions of appointment under sub-paragraph
(2) or (3) (including as to remuneration and allowances), the Sponsor Body
must have regard to the desirability of keeping the terms and conditions

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broadly in line with those applying to staff in the House Departments
(within the meaning of the House of Commons (Administration) Act 1978).

17 (1) In the Superannuation Act 1972, in Schedule 1 (kinds of employment to
which a scheme under section 1 of that Act can apply), in the list of other
5bodies, at the appropriate place insert—

  • “The Parliamentary Works Sponsor Body.”

(2) The Sponsor Body must pay to the Minister for the Civil Service, at such times as
the Minister may direct, such sums as the Minister may determine in respect of any
increase attributable to this paragraph in the sums payable out of money provided
10by Parliament under the Superannuation Act 1972.

Transfer of property etc to the Sponsor Body

18 (1) The Leader of the House of Commons may make one or more schemes
providing for the transfer to the Sponsor Body of qualifying property, rights
and liabilities of—

(a) 15the House of Commons Commission, or

(b) the Corporate Officer of the House of Commons.

(2) The Leader of the House of Lords may make one or more schemes providing
for the transfer to the Sponsor Body of qualifying property, rights and
liabilities of the Corporate Officer of the House of Lords.

(3) 20The Leader of the House of Commons and the Leader of the House of Lords
may jointly make one or more schemes providing for the transfer to the
Sponsor Body of qualifying property, rights and liabilities held or incurred
jointly by the Corporate Officer of the House of Commons and the Corporate
Officer of the House of Lords.

(4) 25“Qualifying property, rights and liabilities” means property, rights and
liabilities that the Sponsor Body considers it necessary to be transferred to it
in connection with the Parliamentary building works.

(5) The things that may be transferred under a transfer scheme include—

(a) property, rights or liabilities that could not otherwise be transferred;

(b) 30property acquired, or rights and liabilities arising, after the making
of the scheme.

(6) If the Transfer of Undertakings (Protection of Employment) Regulations
2006 (S.I. 2006/246S.I. 2006/246) do not apply in relation to a transfer, a transfer scheme
must make equivalent provision.

(7) 35A transfer scheme may—

(a) create rights, or impose liabilities, in relation to property or rights
transferred;

(b) make provision about the continuing effect of things done by the
transferor in respect of anything transferred;

(c) 40make provision about the continuation of things (including legal
proceedings) in the process of being done by, on behalf of or in
relation to the transferor in respect of anything transferred;

(d) make other consequential, supplementary, incidental or transitional
provision.

(8) 45A transfer scheme may provide—

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(a) for modifications to the scheme by agreement between the person
making the scheme and the person (or persons) affected by the
modifications;

(b) for modifications to have effect from the date when the original
5scheme came into effect.

(9) Before making a transfer scheme, the person making the scheme must
consult—

(a) in the case of a scheme under sub-paragraph (1), the Corporate
Officer of the House of Commons;

(b) 10in the case of a scheme under sub-paragraph (2), the Corporate
Officer of the House of Lords;

(c) in the case of a scheme under sub-paragraph (3), both those
Corporate Officers.

(10) In this paragraph—

(a) 15“transferor”, in relation to a transfer scheme, means the person or
persons for the transfer of whose qualifying property, rights or
liabilities the scheme provides;

(b) references to rights and liabilities include rights and liabilities
relating to a contract of employment.

20Committees

19 (1) The Sponsor Body may establish committees.

(2) A committee established under sub-paragraph (1) may establish one or more
sub-committees.

(3) A committee or sub-committee may consist of or include persons who are
25neither members, nor members of staff, of the Sponsor Body.

Delegation

20 The Sponsor Body may delegate functions to a committee, sub-committee,
member or member of staff.

Delegation and contracting out of pension functions

21 (1) 30Section 1(2) of the Superannuation Act 1972 (delegation of functions relating
to 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 Sponsor Body’s
chief executive officer.

(2) 35A pension function conferred on the chief executive officer by virtue of sub-
paragraph (1) may be carried out by—

(a) a person authorised by the chief executive officer, or

(b) an employee of a person so authorised.

(3) “Pension function” means a function of administering schemes made under
40section 1 of the Superannuation Act 1972, and from time to time in force.

(4) The chief executive officer may under sub-paragraph (2) authorise a person
to exercise pension functions—

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

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(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
5section 69 of the Deregulation and Contracting Out Act 1994
(contracting out of functions of Ministers and office-holders), and

(b) may be revoked at any time by the Sponsor Body or the chief
executive officer.

Procedure

22 (1) 10The Sponsor Body may (subject to this Schedule) determine its own
procedure and the procedures of its committees and sub-committees.

(2) No proceedings of the Sponsor Body, or of its committees or sub-
committees, are invalidated by a vacancy or a defective appointment.

23 (1) The quorum for a meeting of the Sponsor Body is 5 members, who must
15include at least 2 external members and at least 2 Parliamentary members.

(2) The Clerk of the Parliaments and the Clerk of the House of Commons, or
their representatives, may attend and participate in meetings of the Sponsor
Body.

(3) The Sponsor Body may nominate an external member to chair a particular
20meeting of the Sponsor Body if—

(a) the office of chair is vacant, or the chair is suspended from office
under paragraph 10(3), and no interim chair has been appointed
under paragraph 13, or

(b) the chair is unable, unfit or unwilling to perform the chair’s functions
25(whether because of illness or otherwise).

Accounts and audit

24 (1) The Sponsor Body must keep proper accounts and proper records in relation
to them.

(2) The Sponsor Body must prepare a statement of accounts for each financial
30year in accordance with directions given to it by the Treasury.

(3) The directions that the Treasury may give under sub-paragraph (2) include,
for example, directions as to—

(a) the content and form of the statement of accounts,

(b) the methods and principles to be applied in preparing it, and

(c) 35the additional information (if any) that is to be provided for the
information of Parliament.

(4) The chief executive officer is to be the Sponsor Body’s accounting officer (but
see paragraph 25).

(5) The accounting officer is to have, in relation to the Sponsor Body’s accounts
40and finance, the responsibilities that are from time to time specified by the
Sponsor Body.

(6) The reference in sub-paragraph (5) to responsibilities includes—

(a) responsibilities in relation to the signing of accounts;

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(b) responsibilities for the propriety and regularity of the Sponsor
Body’s finances;

(c) responsibilities for the economy, efficiency and effectiveness with
which the Sponsor Body’s resources are used;

(d) 5responsibilities in relation to the appointment of the Delivery
Authority’s accounting officer.

(7) The Sponsor Body must send a copy of the statement of accounts for a
financial year to the Comptroller and Auditor General as soon as practicable
after the end of that year.

(8) 10The Comptroller and Auditor General must—

(a) examine, certify and report on the statement of accounts, and

(b) send a copy of the certified statement and of the report to the Sponsor
Body as soon as practicable.

(9) The Sponsor Body must, in respect of each financial year, lay before
15Parliament a copy of the certified statement and report sent under sub-
paragraph (8)(b).

25 (1) If the chief executive officer is unable to discharge the chief executive
officer’s responsibilities as accounting officer, the Sponsor Body must
nominate a member of its staff to be the accounting officer for as long as the
20chief executive officer is so unable.

(2) If the office of chief executive officer is vacant, the Sponsor Body must
nominate a member of its staff to be the accounting officer for as long as the
office of chief executive officer remains vacant.

Report

26 (1) 25At least once in every calendar year, the Sponsor Body must prepare a report
about the carrying out of the Parliamentary building works and the progress
that has been made towards completion of those works.

(2) The Sponsor Body must publish each report prepared under this paragraph.

Documentary evidence

27 (1) 30The application of the seal of the Sponsor Body must be authenticated by the
signature of—

(a) a member of the Sponsor Body, or

(b) another person authorised for that purpose by the Sponsor Body.

(2) A document purporting to be duly executed under the Sponsor Body’s seal
35or signed on its behalf—

(a) is to be received in evidence, and

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

(3) Sub-paragraphs (1) and (2) do not extend to Scotland.

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Freedom of information

28 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
bodies and offices which are public authorities) at the appropriate place
insert—

  • 5“The Parliamentary Works Sponsor Body.”

Section 3

SCHEDULE 2 The Delivery Authority

Board of directors

1 (1) The Delivery Authority is to have a board of directors consisting of—

(a) 10a chair appointed by the Sponsor Body,

(b) at least 4 persons appointed by the Delivery Authority as non-
executive directors,

(c) up to 2 persons appointed by the Sponsor Body as non-executive
directors, and

(d) 15at least 2 persons appointed by the Delivery Authority as executive
directors.

(2) A person may be appointed as chair only with the consent of the House
Commissions.

(3) A person may not be appointed as a director of the Delivery Authority if the
20person is—

(a) a member of either House of Parliament,

(b) a Minister of the Crown,

(c) a member of either of the House Commissions,

(d) a member of the Sponsor Body, or

(e) 25a member of the Estimates Commission.

(4) But sub-paragraph (3)(a) and (d) does not apply in relation to the
appointment of a person within sub-paragraph (1)(c).

(5) The number of non-executive directors appointed by the Delivery Authority
must be greater than the number of executive directors.

(6) 30A person who is an executive director is a member of the Delivery
Authority’s staff.

(7) A person may be appointed as a director of the Delivery Authority only—

(a) if the Sponsor Body consents to the appointment, and

(b) in the case of a non-executive director, if the person has been selected
35on merit on the basis of fair and open competition.

The chair and non-executive directors: term of office

2 (1) The chair and the non-executive directors are to be appointed for a fixed
term of not more than 3 years.