 | |
| |
S C H E D U L E S |
|
SCHEDULE 1
|
| |
THE ELECTORAL COMMISSION |
| |
Status of Commission and its property |
| | 1. - (1) The Commission shall not be regarded-
|
| |
(a) as the servant or agent of the Crown, or |
| |
(b) as enjoying any status, immunity or privilege of the Crown. |
| |
(2) The property of the Commission shall not be regarded as property of, or property held on behalf of, the Crown.
|
| |
Term of office etc. of Electoral Commissioners |
| | 2. - (1) Subject to the provisions of this paragraph, an Electoral Commissioner shall hold office as such Commissioner-
|
| |
(a) for the period for which he is appointed, and |
| |
(b) otherwise in accordance with the terms of his appointment. |
| |
(2) The period for which an Electoral Commissioner is appointed shall be the period specified in relation to him in the address pursuant to which he is appointed.
|
| |
(3) An Electoral Commissioner may be relieved of his office by Her Majesty at his own request.
|
| |
(4) An Electoral Commissioner may be removed from office by Her Majesty in pursuance of an Address from the House of Commons.
|
| |
(5) No motion shall be made for such an Address unless the Speaker's Committee has presented a report to the House of Commons stating that the Committee is satisfied that one or more of the following grounds is made out in the case of the Electoral Commissioner in question-
|
| |
(a) he has failed to discharge the functions of his office for a continuous period of at least 3 months; |
| |
(b) he has failed to comply with the terms of his appointment; |
| |
(c) he has been convicted of a criminal offence; |
| |
(d) he is an undischarged bankrupt or his estate has been sequestrated in Scotland and he has not been discharged; |
| |
(e) he has made an arrangement or composition contract with, or has granted a trust deed for, his creditors; and |
| |
(f) he is otherwise unfit to hold his office or unable to carry out its functions. |
| |
(6) A motion for such an Address shall not be made on the ground mentioned in sub-paragraph (5)(a) if more than 3 months have elapsed since the end of the period in question.
|
| |
Term of office etc. of Commission chairman |
| | 3. - (1) Subject to the provisions of this paragraph, the chairman of the Commission shall hold office as such chairman-
|
| |
(a) for the period for which he is appointed, and |
| |
(b) otherwise in accordance with the terms of his appointment. |
| |
(2) The period for which a person is appointed as chairman of the Commission shall be the period specified in relation to him in the address pursuant to which he is appointed.
|
| |
(3) The chairman of the Commission may be relieved of his office of chairman by Her Majesty at his own request.
|
| |
(4) If the chairman of the Commission ceases to be an Electoral Commissioner he also ceases to be chairman.
|
| |
Electoral Commissioners: salary etc. |
| | 4.-(1) Th re shall be paid-
|
| |
(a) to an Electoral Commissioner such salary and any such allowances, |
| |
(b) towards the provision of superannuation benefits for or in respect of an Electoral Commissioner or former Electoral Commissioner such amounts, and |
| |
(c) to or in respect of a person who has ceased to hold office as an Electoral Commissioner such pension, |
| |
as may be specified by a resolution of the House of Commons.
|
| |
(2) A resolution for the purposes of this paragraph may-
|
| |
(a) specify the amounts to be paid; |
| |
(b) provide that the amounts to be paid shall be the same as, or calculated on the same basis as, those payable to or in respect of a person employed in a specified office under, or in a specified capacity in the service of, the Crown; |
| |
(c) specify the amounts to be paid and provide for them to be increased by reference to such variables as may be specified in the resolution; |
| |
(d) have the effect of making different provision for different Electoral Commissioners or former Electoral Commissioners. |
| |
(3) A resolution for the purposes of this paragraph may take effect from the date on which it is passed or from any earlier or later date specified in the resolution.
|
| |
(4) Any amount payable under this paragraph shall be charged on and issued out of the Consolidated Fund.
|
| |
(5) In this paragraph "pension" includes allowance and gratuity.
|
| |
Deputy Electoral Commissioners: term of office etc. |
| | 5. - (1) Subject to sub-paragraph (2), a Deputy Electoral Commissioner shall hold and vacate his office in accordance with the terms of his appointment.
|
| |
(2) The Commission may remove a Deputy Electoral Commissioner from his office before the end of the period for which he was appointed only if the Commission are satisfied that one or more of the following grounds is made out in his case-
|
| |
(a) he has failed to discharge the functions of his office for a continuous period of at least 3 months; |
| |
(b) he has failed to comply with the terms of his appointment; |
| |
(c) he has been convicted of a criminal offence; |
| |
(d) he is an undischarged bankrupt or his estate has been sequestrated in Scotland and he has not been discharged; |
| |
(e) he has made an arrangement or composition contract with, or has granted a trust deed for, his creditors; and |
| |
(f) he is otherwise unfit to hold his office or unable to carry out its functions. |
| |
(3) The Commission shall pay-
|
| |
(a) to a Deputy Electoral Commissioner such salary and any such allowances, |
| |
(b) towards the provision of superannuation benefits for or in respect of a Deputy Electoral Commissioner or former Deputy Electoral Commissioner any such amounts, and |
| |
(c) to or in respect of a former Deputy Electoral Commissioner any such pension, |
| |
as may be provided for by or under the terms of his appointment.
|
| |
(4) In sub-paragraph (3) "pension" includes allowance and gratuity.
|
| |
Assistant Electoral Commissioners |
| | 6. - (1) The Commission may appoint one or more Assistant Electoral Commissioners to inquire into, and report to the Commission or a Boundary Committee on, such matters as the Commission or a Boundary Committee think fit.
|
| |
(2) An Assistant Electoral Commissioner shall-
|
| |
(a) be appointed either for a fixed term or for the purposes of a particular inquiry; and |
| |
(b) hold and vacate office in accordance with the terms of his appointment. |
| |
(3) The Commission shall pay an Assistant Electoral Commissioner such remuneration, and any such allowances, as may be provided for by or under the terms of his appointment.
|
| |
Committees |
| | 7. - (1) The Commission may establish (in addition to the Boundary Committees) any committees which the Commission consider appropriate.
|
| |
(2) Any committee of the Commission established under sub-paragraph (1) may establish one or more sub-committees.
|
| |
(3) A person shall not be a member of a committee or sub-committee established under this paragraph unless he is an Electoral Commissioner.
|
| |
Delegation to committees |
| | 8. - (1) The Commission may delegate functions of the Commission (to such extent as the Commission may determine) to any committee of the Commission established under paragraph 7(1).
|
| |
(2) Sub-paragraph (1) does not apply to any function transferred to the Commission in pursuance of any of sections 14, 16 and 17.
|
| |
(3) A committee of the Commission established under paragraph 7(1) may delegate functions of the committee (to such extent as the committee may determine) to any sub-committee of the committee.
|
| |
Procedure and proceedings |
| | 9. - (1) The Commission shall regulate their own procedure, and the procedure of their committees and sub-committees (whether established under paragraph 7 or section 12), including the quorum for meetings.
|
| |
(2) The validity of any proceedings of the Commission, or of any of their committees or sub-committees, shall not be affected by-
|
| |
(a) any vacancy among the members of the Commission, or of the committee or sub-committee, or |
| |
(b) any defect in the appointments of any such member. |
| |
Staff |
| | 10. - (1) The Commission-
|
| |
(a) shall appoint a chief executive, and |
| |
(b) may appoint such other staff as the Commission consider necessary to assist them and their committees in the performance of their functions. |
| |
(2) The staff of the Commission shall be appointed on such terms and conditions as the Commission may determine; and the Commission shall pay their staff such remuneration as may be provided for by or under their terms of appointment.
|
| |
(3) In determining the terms and conditions of staff under sub-paragraph (2) above, the Commission shall have regard to the desirability of keeping the remuneration and other terms and conditions of employment of its staff broadly in line with those applying to persons employed in the civil service of the State.
|
| |
(4) Service as an officer or employee of the Commission shall be included in the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply; and, accordingly, in Schedule 1 to that Act (which lists the kinds of employment to which a scheme can apply), the following entry shall be inserted at the appropriate place in the list of "Other Bodies"- "Electoral Commission".
|
 |
(5) The Commission shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (4) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
|
| |
(6) No member of the staff of the Commission shall be regarded-
|
| |
(a) as the servant or agent of the Crown, or |
| |
(b) as enjoying any status, immunity or privilege of the Crown. |
| |
(7) The Secretary of State may appoint a person to be the Commission's chief executive until such time as the first person to be appointed by the Commission as their chief executive takes up office; and until such time as the Commission have appointed their own staff the Secretary of State may appoint persons to serve as members of the Commission's staff.
|
| |
Delegation to staff |
| | 11. Each of the following-
|
| |
|
| |
(b) any committee of the Commission (whether established under paragraph 7 or section 12), |
| |
(c) any sub-committee of such a committee, and |
| |
(d) the Commission's chief executive, |
| |
may delegate functions of theirs or his (to such extent as they or he may determine) to the Commission's staff (either generally or otherwise).
|
| |
Delegation and contracting-out of superannuation functions |
| | 12. - (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.) shall have effect as if the reference to an officer of the Crown other than a Minister included the Commission's chief executive.
|
| |
(2) Any administration function conferred on the Commission's chief executive under section 1(2) of the Superannuation Act 1972 (as it has effect in accordance with sub-paragraph (1) above) may be exercised by (or by employees of) such person as may be authorised in that behalf by the Commission's chief executive.
|
| |
(3) For the purposes of this paragraph an "administration function" is a function of administering schemes-
|
| |
(a) made under section 1 of the Superannuation Act 1972, and |
| |
(b) from time to time in force. |
| |
(4) An authorisation given by virtue of sub-paragraph (2) may authorise the exercise of an administration function-
|
| |
(a) either wholly or to such extent as may be specified in the authorisation; |
| |
(b) either generally or in such cases as may be so specified; and |
| |
(c) either unconditionally or subject to the fulfilment of such conditions as may be so specified. |
| |
(5) An authorisation given by virtue of sub-paragraph (2)-
|
| |
(a) shall be treated for all purposes as if it were given by virtue of an order under section 69 of the Deregulation and Contracting Out Act 1994 (contracting out of functions of Ministers and office-holders); |
| |
(b) may be revoked at any time by the Commission (as well as by the chief executive). |
