Clean Neighbourhoods and Environment Bill

House of Commons

Session 2004 - 05
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Clean Neighbourhoods and Environment Bill

Clean Neighbourhoods and Environment Bill
Schedule 2 — Commission for Architecture and the Built Environment
85

Schedule 2
Section 87

Commission for Architecture and the Built Environment
Status
1     (1)
The Commission is not to be regarded as the servant or agent of the Crown
or as enjoying any status, immunity or privilege of the Crown.
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      (2)
The property of the Commission is not to be regarded as the property of, or
property held on behalf of, the Crown.
      (3)
Service as a member of the Commission is not service in the civil service of
the Crown.
Membership
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2     (1)
The Secretary of State must—
(a)
appoint the members of the Commission;
(b)
appoint one of the members as chairman.
      (2)
Subject to the other provisions of this Schedule, a person holds and vacates
office as a member of the Commission or as chairman in accordance with the
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terms of his appointment.
      (3)
The Commission is to have a minimum of eight and a maximum of sixteen
members.
      (4)
The Secretary of State may by order vary either or both of the numbers
specified in sub-paragraph (3).
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      (5)
The validity of proceedings of the Commission is not affected by—
(a)
the number of members being less than the minimum as specified for
the time being in sub-paragraph (3);
(b)
a defect in the appointment of a person as a member of the
Commission or as chairman.
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Tenure
3     (1)
The Secretary of State may not appoint a person to hold office as a member
of the Commission or as chairman for a term of more than four years.
      (2)
A person may at any time resign as a member of the Commission or as
chairman by giving notice in writing to the Secretary of State.
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      (3)
The Secretary of State may remove a person from office as a member of the
Commission or as chairman on the grounds that—
(a)
a bankruptcy order has been made against the person, his estate has
been sequestrated or he has made a composition or arrangement
with, or granted a trust deed for, his creditors, or
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(b)
he is, in the opinion of the Secretary of State, unable, unwilling or
unfit to discharge the functions of his office.
      (4)
A person who ceases to be a member of the Commission or chairman may
be re-appointed.

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Schedule 2 — Commission for Architecture and the Built Environment
86

Staff etc
4     (1)
The Commission may appoint staff, agents and advisers.
      (2)
Service as a member of staff of the Commission is not service in the civil
service of the Crown.
Committees
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5     (1)
The Commission may establish one or more committees.
      (2)
A committee—
(a)
must include at least one member of the Commission, and
(b)
may also include other persons (who may include members of staff
of the Commission).
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Remuneration etc
6     (1)
The Commission may pay to or in respect of a member of the Commission
or the chairman such sums as the Secretary of State may determine by way
of, or in respect of—
(a)
remuneration;
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(b)
pensions.
      (2)
The Commission may also pay to or in respect of a member of the
Commission or the chairman sums by way of, or in respect of—
(a)
allowances;
(b)
expenses.
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      (3)
If the Secretary of State thinks that there are special circumstances that make
it right for a person ceasing to hold office as a member of the Commission or
as chairman to receive compensation, the Commission may pay to the
person such compensation as the Secretary of State may determine.
      (4)
The Commission may pay to or in respect of a member of staff sums by way
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of or in respect of remuneration, subject to any conditions imposed by the
Secretary of State.
      (5)
The Commission may also pay to or in respect of a member or former
member of staff sums by way of, or in respect of—
(a)
allowances;
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(b)
expenses;
(c)
pensions;
(d)
gratuities;
(e)
compensation for loss of employment.
      (6)
The Commission may pay to or in respect of a person who is a member of a
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committee established under paragraph 5 (but who is not a member of the
Commission or a member of staff) sums by way of, or in respect of—
(a)
allowances;
(b)
expenses.
Delegation
40
7
The Commission may delegate any of its functions to—

Clean Neighbourhoods and Environment Bill
Schedule 2 — Commission for Architecture and the Built Environment
87

(a)
a member of the Commission,
(b)
a member of its staff,
(c)
a committee established under paragraph 5, or
(d)
any other person.
Proceedings
5
8     (1)
The Commission may, subject to the other provisions of this Schedule,
regulate its own proceedings and those of its committees.
      (2)
In particular, the Commission may specify a quorum for meetings.
Accounts
9     (1)
The Commission must—
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(a)
keep proper accounting records, and
(b)
prepare a statement of accounts in respect of each financial year in
accordance with directions given, with the consent of the Treasury,
by the Secretary of State.
      (2)
The statement must comply with any directions given by the Secretary of
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State, with the consent of the Treasury, as to—
(a)
the information to be contained in the statement;
(b)
the form which the statement is to take;
(c)
the manner in which the information is to be presented;
(d)
the methods and principles according to which the statement is to be
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prepared.
      (3)
The Commission must send a copy of a statement under sub-paragraph
(1)(b) to—
(a)
the Secretary of State, and
(b)
the Comptroller and Auditor General.
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      (4)
A copy of a statement must be sent under sub-paragraph (3) within such
period, beginning with the end of the financial year to which the statement
relates, as the Secretary of State may, with the consent of the Treasury, direct.
      (5)
The Comptroller and Auditor General must—
(a)
examine, certify and report on a statement received under this
30
paragraph, and
(b)
lay a copy of the statement and his report before Parliament.
      (6)
Directions given by the Secretary of State under sub-paragraph (2) may,
with the consent of the Treasury, be amended or revoked by him.
Annual report
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10    (1)
The Commission must send to the Secretary of State a report on the
discharge of its functions during each financial year.
      (2)
A report must be sent under sub-paragraph (1) within such period,
beginning with the end of the financial year to which the report relates, as
the Secretary of State may, with the consent of the Treasury, direct.
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      (3)
The Secretary of State must lay before Parliament a copy of each report
received by him under this paragraph.

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Schedule 2 — Commission for Architecture and the Built Environment
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Instruments and authentication
11    (1)
The fixing of the seal of the Commission must be authenticated by the
signature of the chairman or of another person authorised by the
Commission to act for that purpose.
      (2)
A document purporting to be duly executed under the seal of the
5
Commission, or to be signed on the Commission’s behalf, is to be received
in evidence and, unless the contrary is proved, is to be treated as having been
so executed or signed.
Records
12
In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public
10
records), at the appropriate place in Part 2 of the Table at the end of
paragraph 3 insert—
“Commission for Architecture and the Built Environment.”
Disqualification
13
In the House of Commons Disqualification Act 1975 (c. 24), in Part 2 of
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Schedule 1 (bodies of which all members are disqualified), at the appropriate
place insert—
“Commission for Architecture and the Built Environment.”
Transitional provisions
14    (1)
A person who immediately before the appointed day was a member of the
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old Commission is to be treated—
(a)
as having been appointed as a member of the Commission under
paragraph 2;
(b)
for the purposes of paragraph 3(1), as having been so appointed on
the date on which he was appointed as a member of the old
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Commission.
      (2)
A person who immediately before the appointed day was the chairman of
the old Commission is to be treated—
(a)
as having been appointed as chairman of the Commission under
paragraph 2;
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(b)
for the purposes of paragraph 3(1), as having been so appointed on
the date on which he was appointed chairman of the old
Commission.
      (3)
A committee of the old Commission which was in existence immediately
before the appointed day is to be treated as having been established as a
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committee of the Commission under paragraph 5.
Interpretation
15    (1)
The appointed day is the day on which section 92 comes into force.
      (2)
The financial year of the Commission is the period of 12 months ending on
31 March.
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      (3)
But the first financial year of the Commission is the period—
(a)
starting on the appointed day, and

Clean Neighbourhoods and Environment Bill
Schedule 3 — Transfer of staff, property etc from the old Commission
89

(b)
ending on the following 31 March.
Schedule 3
Section 92

Transfer of staff, property etc from the old Commission
Transfer of staff
1
For the purposes of TUPE—
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(a)
the functions conferred on the Commission by this Act are to be
treated as transferred to the Commission from the old Commission
on the appointed day;
(b)
that transfer of functions is to be treated as a transfer of an
undertaking;
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(c)
each person who was, immediately before the appointed day,
employed by the old Commission under a contract of employment is
to be treated as employed in the undertaking immediately before the
appointed day.
2
In paragraph 1 “TUPE” means the Transfer of Undertakings (Protection of
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Employment) Regulations 1981 (S.I. 1981/1794).
Transfer of property, rights and liabilities
3
All property, rights and liabilities to which the old Commission was entitled
or subject immediately before the appointed day become on that day
property, rights and liabilities of the Commission.
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4
The reference in paragraph 3 to rights and liabilities does not include rights
and liabilities under a contract of employment transferred by virtue of
paragraph 1.
5
Paragraph 3 has effect in relation to property, rights and liabilities—
(a)
despite any provision (of whatever nature) which would otherwise
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prevent, penalise or restrict their transfer by the old Commission;
(b)
without any instrument or other formality being required.
6
Anything done by or in relation to the old Commission which has effect
immediately before the appointed day is, so far as is necessary for
continuing its effect after that day, to have effect as if done by or in relation
30
to the Commission.
7
Anything (including legal proceedings) which immediately before the
appointed day is in the process of being done by or in relation to the old
Commission may be continued by or in relation to the Commission.
8
So far as is necessary or appropriate in consequence of paragraph 3, on and
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after the appointed day a reference to the old Commission in an enactment,
instrument or other document is to be treated as a reference to the
Commission.
The appointed day
9
The appointed day is the day on which section 92 comes into force.
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