Public Bodies BillPage 10
(b)
the carrying out of an investigation with a view to bringing legal
proceedings or to providing such assistance; or
(c) the taking of steps preparatory to any of those things.
(1)
5An order under the preceding provisions of this Act may not create or
authorise the creation of—
(a) a power to make subordinate legislation,
(b) a power of forcible entry, search or seizure, or
(c) a power to compel the giving of evidence.
(2)
10Subsection (1) does not prevent an order from repealing and re-enacting a
power.
(1)
An order under the preceding provisions of this Act may not transfer any
function to a person not otherwise exercising public functions if that person
15has not consented.
(2) An order under the preceding provisions of this Act may not—
(a)
transfer an excluded function to a person not otherwise exercising
public functions, or
(b)
authorise arrangements for an excluded function to be exercised by
20such a person.
(3) In subsection (2) “excluded function” means—
(a) a function of a tribunal exercising the judicial power of the State,
(b) a power to make subordinate legislation,
(c) a power of forcible entry, search or seizure,
(d) 25a power to compel the giving of evidence, or
(e)
any other function the exercise or non-exercise of which would
necessarily interfere with, or otherwise affect, the liberty of an
individual.
(1)
30An order under the preceding sections of this Act may not, in relation to any
transfer or modification of functions, create or authorise the creation of a
criminal offence that is punishable—
(a) on indictment, with imprisonment for a term exceeding two years, or
(b) on summary conviction, with—
(i)
35imprisonment for a term exceeding the normal maximum term,
or
(ii) a fine exceeding level 5 on the standard scale.
(2) In subsection (1)(b)(i) “the normal maximum term” means—
(a) in relation to England and Wales—
(i) 40in the case of a summary offence, 51 weeks, and
(ii) in the case of an offence triable either way, twelve months;
(b) in relation to Scotland—
(i) in the case of an offence triable only summarily, six months, and
Public Bodies BillPage 11
(ii)
in the case of an offence triable either summarily or on
indictment, twelve months;
(c)
in relation to Northern Ireland, six months.
(3)
In Scotland, in the case of an offence which, if committed by an adult, is triable
5either on indictment or summarily and is not an offence triable on indictment
only by virtue of—
(a) Part 5 of the Criminal Justice Act 1988, or
(b) section 292(6) and (7) of the Criminal Procedure (Scotland) Act 1995,
the reference in subsection (1)(b)(ii) to a fine exceeding level 5 on the standard
10scale is to be construed as a reference to the statutory maximum.
(4) In England and Wales—
(a)
in the case of a summary offence committed before the coming into
force of section 281(5) of the Criminal Justice Act 2003, the reference in
subsection (2)(a)(i) to 51 weeks is to be read as a reference to six months,
15and
(b)
in the case of an offence triable either way which is committed before
the coming into force of section 154(1) of that Act, the reference in
subsection (2)(a)(ii) to twelve months is to be read as a reference to six
months.
(5)
20Subsection (1) does not prevent an order from repealing and re-enacting a
criminal offence.
(1)
A scheme for the transfer of property, rights and liabilities (a “transfer
25scheme”) may be made by—
(a) a Minister, in connection with an order under sections 1 to 6;
(b)
the Welsh Ministers, in connection with the transfer of a function under
section 12.
(2)
In the case of a transfer scheme under subsection (1)(a), property, rights and
30liabilities must be transferred—
(a)
to a Minister, where the scheme is made in connection with an order
under section 3 or 4 (modification of constitutional or funding
arrangements), or
(b) to an eligible person or a body corporate, in any other case.
(3)
35In the case of a transfer scheme under subsection (1)(b), property, rights and
liabilities must be transferred to the person to whom the function is
transferred.
(4) The things that may be transferred under a transfer scheme include—
(a) property, rights and liabilities that could not otherwise be transferred;
(b)
40property acquired, and rights and liabilities arising, after the making of
the scheme.
(5)
A transfer scheme may make consequential, supplementary, incidental or
transitional provision and may in particular—
(a)
create rights, or impose liabilities, in relation to property or rights
45transferred;
Public Bodies BillPage 12
(b)
make provision about the continuing effect of things done by the
transferor in respect of anything transferred;
(c)
make provision about the continuation of things (including legal
proceedings) in the process of being done by, on behalf of or in relation
5to the transferor in respect of anything transferred;
(d)
make provision for references to the transferor in an instrument or
other document in respect of anything transferred to be treated as
references to the transferee;
(e) make provision for the shared ownership or use of property;
(f)
10if the TUPE regulations do not apply in relation to the transfer, make
provision which is the same or similar.
(6) A transfer scheme may provide—
(a) for modification by agreement;
(b)
for modifications to have effect from the date when the original scheme
15came into effect.
(7) For the purposes of this section—
(a)
an individual who holds employment in the civil service is to be treated
as employed by virtue of a contract of employment, and
(b)
the terms of the individual’s employment in the civil service are to be
20regarded as constituting the terms of the contract of employment.
(8) In this section—
“civil service” means the civil service of the State;
“TUPE regulations” means the Transfer of Undertakings (Protection of
Employment) Regulations 2006 (SI 2006/246SI 2006/246);
25references to rights and liabilities include rights and liabilities relating to
a contract of employment;
references to the transfer of property include the grant of a lease.
(1)
A transfer scheme made by a Minister under section 20(1)(a) may be included
30in an order under sections 1 to 6; but if not so included must be laid before
Parliament after being made.
(2)
A transfer scheme made by the Welsh Ministers under section 20(1)(b) may be
included in an order under section 12; but if not so included must be laid before
the National Assembly for Wales after being made.
(3)
35The Secretary of State’s consent is required for a transfer scheme under section
20(1)(b) transferring anything from or to the Environment Agency or the
Forestry Commissioners.
(1)
The Treasury may by order make provision varying the way in which a
40relevant tax has effect in relation to—
(a) anything transferred under a scheme under section 20, or
(b)
anything done for the purposes of, or in relation to, a transfer under
such a scheme.
Public Bodies BillPage 13
(2)
The provision which may be made under subsection (1)(a) includes in
particular provision for—
(a)
a tax provision not to apply, or to apply with modifications, in relation
to anything transferred;
(b)
5anything transferred to be treated in a specified way for the purposes
of a tax provision;
(c)
the person making the scheme to be required or permitted, with the
consent of the Treasury, to determine, or specify the method for
determining, anything which needs to be determined for the purposes
10of any tax provision so far as relating to anything transferred.
(3)
The provision which may be made under subsection (1)(b) includes in
particular provision for—
(a)
a tax provision not to apply, or to apply with modifications, in relation
to anything done for the purposes of or in relation to the transfer;
(b)
15anything done for the purposes of, or in relation to, the transfer to have
or not have a specified consequence or be treated in a specified way;
(c)
the person making the scheme to be required or permitted, with the
consent of the Treasury to determine, or specify the method for
determining, anything which needs to be determined for the purposes
20of any tax provision so far as relating to anything done for the purposes
of, or in relation to, the transfer.
(4)
An order under this section is subject to annulment in pursuance of a
resolution of the House of Commons.
(5) In this section—
25“relevant tax” means income tax, corporation tax, capital gains tax, stamp
duty or stamp duty reserve tax;
“tax provision” means a provision of an enactment about a relevant tax;
references to the transfer of property include the grant of a lease.
In section 1 of the Superannuation Act 1972 (superannuation schemes as
respects civil servants etc), in subsection (6) (restriction on addition to Schedule
1), after “unless” there is inserted “at the date from which the addition has
effect”.
(1) An order under this Act must be made by statutory instrument.
(2)
The provision which may be made by an order under this Act may be made by
repealing, revoking or amending an enactment (whenever passed or made).
(3)
40The powers conferred by this Act are without prejudice to any other power
conferred on a Minister or the Welsh Ministers.
Public Bodies BillPage 14
(4)
If the draft of an instrument containing an order under this Act (alone or with
other provision) would, apart from this section, be a hybrid instrument for the
purposes of the standing orders of either House of Parliament, it is to proceed
in that House as if it were not such an instrument.
(1) In this Act—
“constitutional arrangements” is to be construed in accordance with
section 3(2) and (3);
“eligible person” has the meaning given in section 1(3);
10“enactment” means any primary or subordinate legislation;
“Minister” means—
a Minister of the Crown (as defined by section 8 of the Ministers
of the Crown Act 1975), or
the Commissioners for Her Majesty’s Revenue and Customs;
15“modify”, in relation to functions, is to be construed in accordance with
section 5(2);
“modify”, in relation to funding arrangements, is to be construed in
accordance with section 4(2);
“primary legislation” means any Act, Act of the Scottish Parliament,
20Northern Ireland legislation or Measure or Act of the National
Assembly for Wales;
“public function” means a function conferred under an enactment or royal
charter;
“subordinate legislation” means an instrument made under primary
25legislation.
(2)
In this Act, references to the “30-day”, “40-day” and “60-day” periods in
relation to any draft order are to the periods of 30, 40 and 60 days beginning
with the day on which the draft order was laid before Parliament.
(3)
For the purposes of subsection (2) no account is to be taken of any time during
30which Parliament is dissolved or prorogued or during which either House is
adjourned for more than four days.
(1) This Act extends to England and Wales, Scotland and Northern Ireland.
(2)
An order under this Act which repeals, revokes or amends an enactment
35extending to any other jurisdiction may also extend there.
This Act comes into force at the end of the period of two months beginning
with the day on which it is passed.
40This Act may be cited as the Public Bodies Act 2011.
Public Bodies BillPage 15
Section 1
Administrative Justice and Tribunals Council.
5Advisory Committee on Hazardous Substances (established under section
140(5) of the Environmental Protection Act 1990).
Advisory Committee on Pesticides and Advisory Committee on Pesticides
for Northern Ireland (bodies established under section 16(7) of the Food and
Environment Protection Act 1985).
10Agricultural dwelling-house advisory committees.
Agricultural Wages Board for England and Wales.
Agricultural wages committees.
Aircraft and Shipbuilding Industries Arbitration Tribunal.
British Shipbuilders and any subsidiary of British Shipbuilders (within the
15meaning of section 1159 of the Companies Act 2006).
BRB (Residuary) Limited.
Child Maintenance and Enforcement Commission.
Commission for Rural Communities.
Committee on Agricultural Valuation (the body established under section 92
20of the Agricultural Holdings Act 1986).
Competition Service.
Courts boards.
Crown Court Rule Committee.
Disability Living Allowance Advisory Board.
25Disabled Persons Transport Advisory Committee.
Environment Protection Advisory Committees established under section 12
of the Environment Act 1995.
Food from Britain.
Football Licensing Authority.
30Home Grown Timber Advisory Committee.
Public Bodies BillPage 16
Inland Waterways Advisory Council.
Her Majesty’s Inspectorate of Court Administration.
Library Advisory Council for England.
Magistrates’ Courts Rule Committee (established under section 144 of the
5Magistrates’ Courts Act 1980).
National Consumer Council (“Consumer Focus”).
National Endowment for Science, Technology and the Arts.
Public Guardian Board.
Railway Heritage Committee.
10Regional and local fisheries advisory committees established under section
13 of the Environment Act 1995.
Regional development agency for the East Midlands.
Regional development agency for the Eastern Region.
Regional development agency for the North East.
15Regional development agency for the North West.
Regional development agency for the South East.
Regional development agency for the South West.
Regional development agency for the West Midlands.
Regional development agency for Yorkshire and the Humber.
20Security Industry Authority.
Valuation Tribunal Service.
Victims’ Advisory Panel.
Youth Justice Board for England and Wales.
NOTES
1
25For the purposes of making a transfer scheme under section 20 in relation to
the abolition of British Shipbuilders—
(a)
a subsidiary of British Shipbuilders dissolved before the coming into
force of the scheme is to be treated as not having been dissolved, and
(b)
the scheme may make provision for the transfer of liabilities as if the
30subsidiary had not been dissolved.
2
For the purposes of the abolition of a regional development agency, the
power in section 1(2) includes power to transfer a function of the agency to
any body corporate.
3
In this Schedule, references to a regional development agency are to a
35development agency established under the Regional Development Agencies
Act 1998.
Public Bodies BillPage 17
Section 2
Central Arbitration Committee.
5Certification Officer.
Gambling Commission.
National Lottery Commission.
10Pensions Ombudsman.
Ombudsman for the Board of the Pension Protection Fund.
Director of Public Prosecutions.
Director of Revenue and Customs Prosecutions.
Section 3
British Hallmarking Council.
Broads Authority.
Commission for Equality and Human Rights.
20English Tourist Board.
Internal drainage boards for areas wholly or mainly in England.
Joint Nature Conservation Committee.
National Park authorities in England.
Passengers’ Council (“Passenger Focus”).
25Theatres Trust.
Section 4
Commission for Equality and Human Rights.
Public Bodies BillPage 18
Inspectors appointed by the Secretary of State under section 86 of the Water
Industry Act 1991.
Marine Management Organisation.
Natural England.
5Office of Communications (“Ofcom”).
Sianel Pedwar Cymru (“S4C”).
Section 5
British Hallmarking Council.
10British Waterways Board.
Broads Authority.
Commission for Equality and Human Rights.
Environment Agency.
Horserace Betting Levy Board.
15Human Fertilisation and Embryology Authority.
Human Tissue Authority.
Internal drainage boards for areas wholly or mainly in England.
National Park authorities in England.
Office of Communications (“Ofcom”).
20Office of Fair Trading (“OFT”).
NOTE
1
Section 18(2)(a) does not apply to an order under section 5 which provides
for—
(a)
functions of the British Waterways Board falling within section
2518(3)(b) to (e) to be transferred to another person;
(b)
functions of the Environment Agency falling within section 18(3)(b)
to (e) to be transferred to a person to whom functions of the British
Waterways Board are transferred by virtue of paragraph (a).
Section 6
Broads Authority.
National Park authorities in England.