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| Expenditure consequences of appointments. |
6. - (1) Where a Minister-
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(a) proposes to make an appointment which is within this section; and |
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(b) has reason to believe that that appointment will lead to an increase in real terms in expenditure out of the consolidated fund in the current financial year over the previous financial year |
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he shall lay a report to that effect before the House of Commons.
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(2) A proposed appointment which is the subject of a report under subsection (1) shall not be made unless the report has been approved by resolution of the House of Commons.
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| Appointment of press officers. |
7. No Minister shall appoint as a press officer in the public service a person who is not a civil servant.
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| Other appointments by Ministers. |
8. Any proposed appointment by a Minister of a person who is not a civil servant to a position in the public service which is not covered by the provisions of section 2, 3, 4 or 7 shall be approved by the relevant select committee of the House of Commons before it is made.
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| Liaison Committee. |
9. The Liaison Committee of the House of Commons shall decide which is the relevant committee for the purposes of section 1(3), 2(3), 3(3), 4(3) and 8; and if the Liaison Committee decides that more than one committee is relevant the approval of each such committee shall be required.
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Subordinate legislation |
| Passage of subordinate legislation. |
10. - (1) Where by any Act it is provided that a statutory instrument may not be made or shall not come into force unless it has been approved by resolution of either House of Parliament, such a resolution shall be deemed to be disagreed to if in any division on the question on a motion for such a resolution, fewer than two thirds of those voting vote in the affirmative.
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(2) Where by any Act it is provided that a statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament, such a resolution shall be deemed to be agreed to if in any division on the question on a motion for such a resolution, not fewer than one third of those voting vote in the affirmative.
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(3) Where an enforceable Community right within the meaning of section 2 of the European Communities Act 1972-
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(a) has direct legislative effect within any part of the United Kingdom; and |
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(b) is not otherwise subject to approval by either House of Parliament |
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then notwithstanding anything to the contrary in any Treaty or in any other enactment that proposal shall not have effect unless it is first approved by resolution of both Houses of Parliament.
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(4) A resolution under subsection (3) shall be deemed to be disagreed to if in any division on the question on a motion for such a resolution, fewer than two thirds of those voting vote in the affirmative.
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General |
| Orders. |
11. The power to make an order under this Act is exerciseable by statutory instrument; but no such order is to be made unless a draft has been laid before and approved by resolution of each House of Parliament.
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| Interpretation. |
12. In this Act-
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"civil servant" has the same meaning as in section 68 of the Superannuation Act 1965; |
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"expert adviser" means a special adviser who is not a political adviser; |
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"Minister" means a Minister of the Crown; |
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"Minister of State" and "Parliamentary Secretary" have the same meanings as in the House of Commons Disqualification Act 1975; |
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"Minister of the Crown" has the same meaning as in the Ministers of the Crown Act 1975; |
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"non-departmental public body" means a publicly-funded body- |
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(a) which is not a government department; and
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(b) to which appointments are made directly by a Minister;
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"public service" has the same meaning as in the Civil Service Order in Council 1995; |
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"special adviser" means a person appointed by a Minister- |
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(a) to a situation in Her Majesty's Home Civil Service under the exemption applied by Article 3(2) of the Civil Service Order 1995 as amended; or
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(b) to an equivalent situation in another public service;
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"task force" means a publicly-funded non-statutory body- |
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(a) which is composed partly of persons who are Crown servants and partly of persons who are not Crown servants; and
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(b) to which appointments are made directly by a Minister or subject to a Minister's approval.
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| Short title. |
13. This Act may be cited as the Government Powers (Limitations) Act 2000.
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