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

Parliamentary Buildings (Restoration and Renewal) BillPage 20

(a) a 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
5directors, and

(d) at 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) 10A person may not be appointed as a director of the Delivery Authority 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,

(d) 15a member of the Sponsor Body, or

(e) a 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
20must be greater than the number of executive directors.

(6) A 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) 25in the case of a non-executive director, if the person has been selected
on 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.

(2) 30The person responsible for setting fixed terms for the chair and the non-
executive directors must have regard to the desirability of securing that
appointments do not all expire at the same time.

(3) The reference in sub-paragraph (2) to the person responsible for setting fixed
terms is a reference to—

(a) 35the Sponsor Body, in the case of the chair and any non-executive
directors appointed by the Sponsor Body, and

(b) the Delivery Authority, in the case of non-executive directors
appointed by the Delivery Authority.

(4) The previous appointment of a person as the chair or as a non-executive
40director does not affect the person’s eligibility for re-appointment.

Removal

3 (1) The Sponsor Body may by notice in writing remove the chair from office.

Parliamentary Buildings (Restoration and Renewal) BillPage 21

(2) Before giving a notice under sub-paragraph (1) the Sponsor Body must
obtain the consent of the House Commissions.

(3) The Delivery Authority may by notice in writing remove any other director
from office.

(4) 5Before giving a notice under sub-paragraph (3) the Delivery Authority must
obtain the consent of the Sponsor Body.

4 (1) A person ceases to be a director of the Delivery Authority on becoming—

(a) a member of either House of Parliament,

(b) a Minister of the Crown,

(c) 10a member of either of the House Commissions, or

(d) a member of the Sponsor Body.

(2) But sub-paragraph (1)(a) and (d) does not apply in the case of a director
within paragraph 1(1)(c).

Validity of acts

5 15The validity of any act of the Delivery Authority is not affected—

(a) by a vacancy on the board of directors, or

(b) by a defect in the appointment of a person as a director of the
Delivery Authority.

Staff

6 20The Delivery Authority may appoint staff on such terms and conditions
(including as to remuneration and allowances) as the Delivery Authority
may determine.

Statement of required resources

7 (1) The Delivery Authority must, before the beginning of each financial year,
25prepare a statement setting out the resources it requires for the year in order
to exercise its functions.

(2) The Delivery Authority must send each statement to the Sponsor Body.

(3) The Sponsor Body must review each statement and may approve or reject it.

(4) If the Sponsor Body rejects a statement, sub-paragraphs (1) to (3) apply
30again.

(5) A statement that has been approved by the Sponsor Body is to be reflected
in the estimate prepared by the Sponsor Body for the financial year to which
the statement relates (see paragraphs 3, 6 and 8 of Schedule 4).

8 (1) The Delivery Authority may prepare a supplementary statement for a
35financial year setting out—

(a) any additional resources it requires for the year in order to exercise
its functions, or

(b) any reduction in the resources it requires for the year for that
purpose.

(2) 40The Delivery Authority must send a supplementary statement to the
Sponsor Body.

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(3) The Sponsor Body must review a supplementary statement and may
approve or reject it.

(4) A supplementary statement that has been approved by the Sponsor Body is
to be reflected in a supplementary estimate prepared by the Sponsor Body
5for the financial year to which the statement relates (see paragraphs 5, 7 and
9 of Schedule 4).

Accounts and audit

9 (1) The Delivery Authority must keep proper accounts and proper records in
relation to them.

(2) 10The Delivery Authority must prepare a statement of accounts for each
financial year.

(3) The Sponsor Body’s accounting officer must, after consulting the Delivery
Authority, appoint one of the Delivery Authority’s executive directors to be
the Delivery Authority’s accounting officer.

(4) 15The Delivery Authority’s accounting officer is to have, in relation to the
Delivery Authority’s accounts and finance, the responsibilities that are from
time to time specified by the Sponsor Body’s accounting officer.

(5) The reference in sub-paragraph (4) to responsibilities includes—

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

(b) 20responsibilities for the propriety and regularity of the Delivery
Authority’s finances;

(c) responsibilities for the economy, efficiency and effectiveness with
which the Delivery Authority’s resources are used.

(6) The Delivery Authority must send a copy of the statement of accounts for a
25financial year to the Comptroller and Auditor General as soon as practicable
after the end of that year.

(7) The 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
30Body as soon as practicable.

(8) 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 (7)(b).

(9) The Delivery Authority is exempt from the requirements of Part 16 of the
35Companies Act 2006 (audit) and its balance sheet must contain a statement
to that effect.

10 (1) If the executive director who is the Delivery Authority’s accounting officer
is unable to discharge the responsibilities of accounting officer, the Delivery
Authority must nominate a member of its staff to be the accounting officer
40for as long as the executive director is unable to discharge those
responsibilities.

(2) If there is no accounting officer, the Delivery Authority must nominate one
of its executive directors to be the accounting officer until an accounting
officer is appointed.

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(3) A nomination under this paragraph requires the consent of the Sponsor
Body’s accounting officer.

Freedom of information

11 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
5bodies and offices which are public authorities) at the appropriate place
insert—

  • “The company formed under section 3 of the Parliamentary Buildings
    (Restoration and Renewal) Act 2019.”

Section 8

SCHEDULE 3 10The Parliamentary Works Estimates Commission

Membership

1 (1) The Estimates Commission is to consist of—

(a) two persons appointed from amongst the members of the House of
Commons (“Commons members”), and

(b) 15two persons appointed from amongst the members of the House of
Lords (“Lords members”).

(2) A person may not be appointed as a member of the Estimates Commission
if the person is—

(a) a Minister of the Crown,

(b) 20a Parliamentary member of the Sponsor Body, or

(c) a director of the Delivery Authority.

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

25Removal from office

2 (1) A person ceases to be a member of the Estimates Commission—

(a) on becoming a Minister of the Crown,

(b) on the passing of a resolution to that effect by the relevant House,

(c) on ceasing to be a member of the relevant House (subject to sub-
30paragraph (4)),

(d) if the relevant House orders the suspension of the member from the
service of that House for a specified period of the requisite length, 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) 35For the purposes of sub-paragraph (1)(d) a specified period is “of the
requisite 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
40least 14 days.

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(3) For the purposes of sub-paragraph (1)(d) 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)(c) does not apply, and

(b) unless the person is re-elected to the House of Commons at the
election, the person ceases to be a member of the Estimates
Commission—

(i) on the appointment of a new Commons member in the
15person’s place, or

(ii) if no new Commons 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) For the purposes of this Schedule (other than this paragraph), a person is to
20be treated as a member of the House of Commons for any period during
which—

(a) the person continues to be a member of the Estimates Commission as
a result of sub-paragraph (4)(a), and

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

(6) 25In this paragraph “the relevant House”, in relation to a member of the
Estimates Commission, means the House of Parliament from which the
member is drawn.

Procedure etc

3 (1) A meeting of the Estimates Commission is only quorate if at least one
30Commons member and one Lords member are present.

(2) Subject to that, the Estimates Commission may regulate its own procedure.

4 The Estimates Commission may not make payments to any of its members
or to any other person or otherwise incur any expenditure.

Freedom of information

5 35In 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—

  • “The Parliamentary Works Estimates Commission.”

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Section 9

SCHEDULE 4 Funding: Sponsor Body’s Estimates

Part 1 Introduction

5Interpretation

1 (1) In this Schedule—

  • “Parliamentary approval” means approval by a resolution of each
    House of Parliament;

  • “phase one” means the period that—

    (a)

    10begins with the first day on which any provision of section 1
    comes into force, and

    (b)

    ends when Parliamentary approval is obtained for the
    purposes of section 7(2)(a) and (b) (approval relating to
    works and funding);

  • 15“phase one works” means the Parliamentary building works that are
    not phase two works (and “phase one expenditure” means
    expenditure in connection with phase one works);

  • “phase two” means the period that—

    (a)

    begins when Parliamentary approval is obtained for the
    20purposes of section 7(2)(a) and (b), and

    (b)

    ends with completion of the Parliamentary building works;

  • “phase two works” means the Parliamentary building works that are
    proposed to be carried out during phase two (and “phase two
    expenditure” means expenditure in connection with phase two
    25works).

(2) For the purposes of the definitions of “phase one” and “phase two”, where
one House passes a resolution on a different day from the other House, the
reference to the day on which Parliamentary approval is given is to be read
as a reference to the second of those days.

30Assessment of expenditure

2 (1) The Delivery Authority must, at least once during each assessment period
that begins during phase one, assess the total amount of phase one
expenditure.

(2) That amount is to be found by adding together—

(a) 35the amount of phase one expenditure that has already been incurred,
and

(b) the amount of further phase one expenditure that the Delivery
Authority expects to be incurred.

(3) The Delivery Authority must, at least once during each assessment period
40that begins during phase two, assess the total amount of phase two
expenditure.

(4) That amount is to be found by adding together—

Parliamentary Buildings (Restoration and Renewal) BillPage 26

(a) the amount of phase two expenditure that has already been incurred,
and

(b) the amount of further phase two expenditure that the Delivery
Authority expects to be incurred.

(5) 5In this paragraph “assessment period” means—

(a) the period of 6 months beginning with the first day on which any
provision of this Schedule comes into force, and

(b) each subsequent period of 6 months.

(6) The Delivery Authority must give the Sponsor Body an assessment under
10this paragraph as soon as practicable after it is made.

(7) In this Schedule—

(a) “phase one cost assessment” means an assessment under sub-
paragraph (1);

(b) “phase two cost assessment” means an assessment under sub-
15paragraph (3).

Part 2 Phase one

Annual estimates during phase one

3 (1) This paragraph applies in relation to a financial year of the Sponsor Body
20that begins during phase one, other than—

(a) the Sponsor Body’s first financial year, or

(b) a financial year to which paragraph 6 applies.

(2) The Sponsor Body must prepare an estimate of its expenditure for the
financial year.

(3) 25The estimate must reflect the Delivery Authority’s statement of resources for
the year, as approved by the Sponsor Body under paragraph 7 of Schedule 2.

(4) The Sponsor Body must submit to the Estimates Commission—

(a) the estimate for the year, and

(b) the Delivery Authority’s most recent phase one cost assessment.

(5) 30The Estimates Commission must review the estimate, and in doing so
must—

(a) consult the Treasury, and

(b) have regard to any advice given by the Treasury.

(6) The Estimates Commission may make such comments on the estimate as it
35considers appropriate.

(7) If the phase one cost assessment exceeds the phase one expenditure limit
(see paragraph 4), the Estimates Commission may—

(a) lay the estimate before the House of Commons, or

(b) reject it.

(8) 40Otherwise, the Estimates Commission must lay the estimate before the
House of Commons.

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(9) When laying the estimate before the House of Commons under sub-
paragraph (7)(a) or (8), the Estimates Commission must also lay before that
House—

(a) the Estimates Commission’s comments on the estimate, and

(b) 5any comments made by the Treasury as a result of the consultation
under sub-paragraph (5)(a).

(10) If the Estimates Commission rejects the estimate under sub-paragraph (7)(b),
the Sponsor Body must prepare a fresh estimate for the year (and sub-
paragraphs (3) to (9) apply accordingly).

4 (1) 10For the purposes of paragraph 3 the “phase one expenditure limit” means—

(a) the limit, set by the House Commissions on or before the first day on
which any provision of this Schedule comes into force, for phase one
expenditure, or

(b) if the House Commissions revise (or further revise) the limit for
15phase one expenditure, the revised limit.

(2) Before revising (or further revising) the limit for phase one expenditure, the
House Commissions must consult the Sponsor Body and the Delivery
Authority.

Supplementary estimates

5 (1) 20Where under paragraph 8 of Schedule 2 the Sponsor Body approves a
supplementary statement of resources prepared by the Delivery Authority
in respect of a financial year to which paragraph 3 applies, the Sponsor Body
must prepare a supplementary estimate of its expenditure for that year.

(2) The supplementary estimate must reflect the Delivery Authority’s
25supplementary statement of resources for the financial year.

(3) Paragraph 3(4) to (9) applies to a supplementary estimate as it applies to an
estimate prepared under paragraph 3.

Part 3 Transition year

30Transition year estimate

6 (1) This paragraph applies in relation to a financial year of the Sponsor Body
if—

(a) the financial year is one that begins during phase one, and

(b) the Sponsor Body expects during the financial year to seek
35Parliamentary approval for the purposes of section 7(2)(a) and (b).

(2) The Sponsor Body must prepare an estimate of—

(a) its phase one expenditure for the financial year, and

(b) its phase two expenditure for the year.

(3) The estimate must reflect the Delivery Authority’s statement of resources for
40the year, as approved by the Sponsor Body under paragraph 7 of Schedule 2.

(4) The Sponsor Body must submit to the Estimates Commission—

(a) the estimate for the year, and

Parliamentary Buildings (Restoration and Renewal) BillPage 28

(b) the Delivery Authority’s most recent phase one cost assessment.

(5) The Estimates Commission must review the estimate, and in so doing
must—

(a) consult the Treasury, and

(b) 5have regard to any advice given by the Treasury.

(6) The Estimates Commission may make such comments on the estimate as it
considers appropriate.

(7) If the phase one cost assessment exceeds the phase one expenditure limit (as
defined by paragraph 4(1)), the Estimates Commission may—

(a) 10lay the estimate before the House of Commons, or

(b) reject it.

(8) Otherwise, the Estimates Commission must lay the estimate before the
House of Commons.

(9) When laying the estimate before the House of Commons under sub-
15paragraph (7)(a) or (8), the Estimates Commission must also lay before that
House—

(a) the Estimates Commission’s comments on the estimate, and

(b) any comments made by the Treasury as a result of the consultation
under sub-paragraph (5)(a).

(10) 20If the Estimates Commission rejects the estimate under sub-paragraph (7)(b),
the Sponsor Body must prepare a fresh estimate for the year (and sub-
paragraphs (3) to (9) apply accordingly).

Supplementary estimates

7 (1) Where under paragraph 8 of Schedule 2 the Sponsor Body approves a
25supplementary statement of resources prepared by the Delivery Authority
in respect of a financial year to which paragraph 6 applies, the Sponsor Body
must prepare a supplementary estimate of its expenditure for that year.

(2) The supplementary estimate must reflect the Delivery Authority’s
supplementary statement of resources for the financial year.

(3) 30Paragraph 6(4) to (9) applies to a supplementary estimate as it applies to an
estimate prepared under paragraph 6.

Part 4 Phase two

Annual estimates during phase two

8 (1) 35This paragraph applies in relation to a financial year of the Sponsor Body
that begins during phase two.

(2) The Sponsor Body must prepare an estimate of its expenditure for the
financial year.

(3) The estimate must reflect the Delivery Authority’s statement of resources for
40the year, as approved by the Sponsor Body under paragraph 7 of Schedule 2.

(4) The Sponsor Body must submit to the Estimates Commission—

Parliamentary Buildings (Restoration and Renewal) BillPage 29

(a) the estimate for the year, and

(b) the Delivery Authority’s most recent phase two cost assessment.

(5) The Estimates Commission must review the estimate, and in doing so
must—

(a) 5consult the Treasury, and

(b) have regard to any advice given by the Treasury.

(6) The Estimates Commission may make such comments on the estimate as it
considers appropriate.

(7) If the phase two cost assessment exceeds the amount of funding in respect
10of phase two works that is for the time being approved by Parliament for the
purposes of section 7, the Estimates Commission may—

(a) lay the estimate before the House of Commons, or

(b) reject it.

(8) Otherwise, the Estimates Commission must lay the estimate before the
15House of Commons.

(9) When laying the estimate before the House of Commons under sub-
paragraph (7)(a) or (8), the Estimates Commission must also lay before that
House—

(a) the Estimates Commission’s comments on the estimate, and

(b) 20any comments made by the Treasury as a result of the consultation
under sub-paragraph (5)(a).

(10) If the Estimates Commission rejects the estimate under sub-paragraph (7)(b),
the Sponsor Body must prepare a fresh estimate for the year (and sub-
paragraphs (3) to (9) apply accordingly).

25Supplementary estimates

9 (1) Where under paragraph 8 of Schedule 2 the Sponsor Body approves a
supplementary statement of resources prepared by the Delivery Authority
in respect of a financial year to which paragraph 8 applies, the Sponsor Body
must prepare a supplementary estimate of its expenditure for that year.

(2) 30The supplementary estimate must reflect the Delivery Authority’s
supplementary statement of resources for the financial year.

(3) Paragraph 8(4) to (9) applies to a supplementary estimate as it applies to an
estimate prepared under paragraph 8.