Parliamentary Buildings (Restoration and Renewal) Bill (HL Bill 201)

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.

(4) See also paragraph 8, which makes provision about the appointment of the
first external members.

External members: appointment

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

(2) 25A 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
open competition.

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

(a) a member of either House of Parliament,

(b) 30a Minister of the Crown,

(c) a 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).

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

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

(2) 5A 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
and 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) 10a Minister of the Crown,

(c) a 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).

(4) The functions conferred by this paragraph on the Sponsor Body are to be
15discharged by the House Commissions—

(a) before the Sponsor Body is first constituted in accordance with
paragraph 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
20effect unless it is confirmed by a resolution of each House of Parliament.

Parliamentary members: appointment

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

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

(b) 25a Minister of the Crown,

(c) a director of the Delivery Authority (other than a director within
paragraph 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
30is confirmed by a resolution of the House of Parliament from which the
person is drawn.

Terms 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
35(subject to this Schedule).

(2) A Parliamentary member of the Sponsor Body holds and vacates office in
accordance 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) 40Those responsible for setting fixed terms for members must have regard to
the desirability of securing that appointments do not all expire at the same
time.

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(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).

7 The previous appointment of a person as a member does not affect the
5person’s eligibility for re-appointment.

Appointment of initial external members

8 (1) The person who, immediately before the commencement day, was the chair
of the shadow Sponsor Body is to be treated as having been appointed on
that day as the chair of the Sponsor Body in accordance with paragraph 2.

(2) 10Appointment by virtue of sub-paragraph (1) is to be treated as being for a
term of 3 years.

(3) A person who, immediately before the commencement day—

(a) was a member of the shadow Sponsor Body (other than the chair),
and

(b) 15was not a member of either House of Parliament,

is to be treated as having been appointed on that day as a member of the
Sponsor Body in accordance with paragraph 3 (external members).

(4) Appointment by virtue of sub-paragraph (3) is to be treated as being for a
term ending with the last day of the period of 3 years beginning with the day
20on which the shadow Sponsor Body was established.

(5) An appointment by virtue of sub-paragraph (1) or (3) ceases to have effect at
the end of the period of 1 month beginning with the commencement day
unless, before the end of that period, the appointment is confirmed by a
resolution of each House of Parliament.

(6) 25Paragraphs 2, 3 and 6 do not apply in relation to a member who is appointed
by virtue of sub-paragraph (1) or (3).

(7) In this paragraph—

  • “the commencement day” means the day on which section 2(1) comes
    into force;

  • 30“the shadow Sponsor Body” means the body, established in July 2018
    in connection with the restoration of the Palace of Westminster,
    which is known as the shadow Sponsor Body.

Remuneration for external members

9 The Sponsor Body may pay to an external member such remuneration and
35allowances as the Sponsor Body may determine.

Code of conduct

10 (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) 40incorporate 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.

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

Resignation, suspension and removal

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

(a) 5in relation to the chair, the House Commissions, and

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

(2) A 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
10Sponsor Body from office if it appears to the appropriate authority that the
member—

(a) has 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) 15The period of suspension must not exceed 3 months.

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

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

(a) revoke the suspension, or

(b) 20decide that the member should be removed from office.

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

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

(b) 25in the case of a Parliamentary member, by a resolution of the House
of Parliament from which the member is drawn.

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

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

(b) 30the relevant House orders the suspension of the member from the
service of that House for a specified period of the requisite length,

(c) the member becomes—

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

(ii) a Minister of the Crown,

(d) 35the member becomes a director of the Delivery Authority (other than
a director within paragraph 1(1)(c) of Schedule 2), or

(e) in 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
40requisite length” if—

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

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

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

(a) when the period of suspension starts, and

(b) where that period is expressed as a number of sitting days, what
provision (if any) is made by the relevant House regarding what
5does, 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
Commons on the dissolution of Parliament prior to a Parliamentary general
election—

(a) 10sub-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
appointment), the person ceases to be a member of the Sponsor
Body—

(i) 15on 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
the period of 6 months beginning with the date on which the
person ceases to be a member of the House of Commons.

(5) 20For 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) the person continues to be a member of the Sponsor Body as a result
of sub-paragraph (4)(a), and

(b) 25is not a member of the House of Commons.

(6) In this paragraph—

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

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

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

(a) a member of either House of Parliament,

(b) 35a Minister of the Crown,

(c) a 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

14 (1) 40The House Commissions may appoint one of the external members of the
Sponsor Body to be its interim chair if—

(a) the office of chair is vacant, or

(b) the chair is suspended from office under paragraph 11(3).

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

(a) 45the appointment of a new chair,

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

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

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(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 Powers, procedure, reporting etc

5Status

15 (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) The members and staff of the Sponsor Body are not to be regarded as Crown
10servants.

Powers

16 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
of those functions.

15Staff

17 (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) The Sponsor Body may appoint other staff on terms and conditions
20determined 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
broadly in line with those applying to staff in the House Departments
25(within the meaning of the House of Commons (Administration) Act 1978).

18 (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
bodies, at the appropriate place insert—

  • “The Parliamentary Works Sponsor Body.”

(2) 30The 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 by Parliament under the Superannuation Act 1972.

Transfer of property etc to the Sponsor Body

19 (1) 35The 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) the House of Commons Commission, or

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

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(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) The Leader of the House of Commons and the Leader of the House of Lords
5may 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) “Qualifying property, rights and liabilities” means property, rights and
10liabilities 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) property acquired, or rights and liabilities arising, after the making
15of the scheme.

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

(7) A transfer scheme may—

(a) 20create 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) make provision about the continuation of things (including legal
25proceedings) 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) A transfer scheme may provide—

(a) 30for 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
scheme came into effect.

(9) 35Before 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) in the case of a scheme under sub-paragraph (2), the Corporate
40Officer 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) “transferor”, in relation to a transfer scheme, means the person or
45persons 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.

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Committees

20 (1) The Sponsor Body may establish committees.

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

(3) 5A committee or sub-committee may consist of or include persons who are
neither members, nor members of staff, of the Sponsor Body.

Delegation

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

10Delegation and contracting out of pension functions

22 (1) Section 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
15chief executive officer.

(2) A 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) 20“Pension function” means a function of administering schemes made under
section 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;

(b) 25in 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
section 69 of the Deregulation and Contracting Out Act 1994
30(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

23 (1) The Sponsor Body may (subject to this Schedule) determine its own
35procedure 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.

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

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(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
5meeting of the Sponsor Body if—

(a) the office of chair is vacant, or the chair is suspended from office
under paragraph 11(3), and no interim chair has been appointed
under paragraph 14, or

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

Accounts and audit

25 (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
15year 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) 20the 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 26).

(5) The accounting officer is to have, in relation to the Sponsor Body’s accounts
25and 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;

(b) responsibilities for the propriety and regularity of the Sponsor
30Body’s finances;

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

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

(7) 35The 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) The Comptroller and Auditor General must—

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

(b) 40send 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
Parliament a copy of the certified statement and report sent under sub-
paragraph (8)(b).

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26 (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
chief executive officer is so unable.

(2) 5If 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

27 (1) At least once in every calendar year, the Sponsor Body must prepare and lay
10before Parliament a report about the carrying out of the Parliamentary
building works and the progress that has been made towards completion of
those works.

(2) A report under this paragraph must in particular include information about
persons to whom contracts in respect of the carrying out of the
15Parliamentary building works have been awarded, in particular—

(a) their size, and

(b) the areas in which they operate.

(3) The Sponsor Body must publish each report prepared under this paragraph
in whatever way the Sponsor Body considers appropriate.

20Documentary evidence

28 (1) The 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) 25A document purporting to be duly executed under the Sponsor Body’s seal
or 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) 30Sub-paragraphs (1) and (2) do not extend to Scotland.

Freedom of information

29 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—

  • 35“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—