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Transitional arrangements for Former Lords Members |
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1 | In relation to persons who are Former Lords Members, this Schedule |
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(a) | to determine the arrangements for membership of the Second |
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Chamber for the transitional period, and |
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(b) | to make transitional provision about persons who hold office as |
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Election as a peerage MSCP |
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2 (1) | A person may stand for election as a peerage MSCP if— |
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(a) | he falls within section 2(1), and |
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(b) | he satisfies the four conditions set out in section 4(4) to (7). |
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(2) | A person who has stood for election under Part 2 of this Act, but who has not |
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been elected, may stand for election as a peerage MSCP if he is otherwise |
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3 (1) | Two elections are to be held under this Schedule. |
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(2) | An election is to take place as soon as possible after the return of elected |
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MSCPs at the first and second poll to be held under section 9. |
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4 (1) | The maximum number of peerage MSCPs elected at the first election under |
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this Schedule is to be determined by reference to the total number of |
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members of the House of Lords immediately before the commencement of |
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(2) | The maximum number is to be that total number reduced by one third and |
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rounded up to a whole number. |
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5 (1) | The maximum number of peerage MSCPs elected at the second election |
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under this Schedule is to be determined by reference to the total number of |
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peerage MSCPs immediately before the second poll to be held under section |
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(2) | The maximum number is to be taken as that total number reduced by one |
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half and rounded up to a whole number. |
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6 (1) | Standing Orders of the Second Chamber are to make provision for the |
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holding of elections under this Schedule. |
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(2) | Standing Orders must include provision that each election is to consist of— |
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(a) | a separate poll in respect of each qualifying party, and |
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(b) | a single poll in respect of all relevant persons who sit on the cross- |
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(3) | Standing Orders must include provision— |
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(a) | for the electorate at each separate poll to consist of all relevant |
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(b) | to secure that the proportion of peerage MSCPs elected at each of the |
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polls reflects (as equitably as possible) the number of relevant |
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persons in each electorate. |
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(4) | “Qualifying party” means a party registered under Part 2 of the Political |
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Parties, Elections and Referendums Act 2000 (c. 41) to which two or more |
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(5) | “Relevant persons” means— |
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(a) | in the case of the first election under this Schedule, persons who are |
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Former Lords Members at the time of the election; |
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(b) | in the case of the second election under this Schedule, persons who— |
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(i) | were peerage MSCPs immediately before the date of the |
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second poll to be held under section 9; and |
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(ii) | have not become elected MSCPs or appointed MSCPs by the |
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Period of office of peerage MSCP |
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7 (1) | A person is a peerage MSCP from the time he is first elected in accordance |
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with this Schedule until his period of membership ends by virtue of sub- |
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(2) | The membership of a peerage MSCP ends— |
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(a) | in the case of a peerage MSCP elected at the first election under this |
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Schedule, immediately before the date of the second poll to be held |
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(b) | in the case of a peerage MSCP elected at the second election under |
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this Schedule, immediately before the date of the third poll to be held |
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(3) | A peerage MSCP’s membership is to be taken as ending prematurely if, |
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before the end-date specified in sub-paragraph (2), he— |
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(b) | ceases to satisfy any of the conditions in section 4(4) to (7), or |
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(c) | gives notice of his resignation in accordance with Standing Orders of |
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(4) | In a case falling within sub-paragraph (3), no by-elections are to be held. |
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Retirement packages for Former Lords Members |
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8 (1) | This paragraph applies to any Former Lords Member not falling within |
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(a) | who does not become a peerage MSCP, or |
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(b) | whose membership as a peerage MSCP ends and is not renewed |
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(a) | to be treated as having retired, and |
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(b) | are entitled to payment of such an amount as may be specified in a resolution |
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9 (1) | This paragraph applies to persons who are Former Lords Members by virtue |
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of holding office as bishop or archbishop. |
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(2) | Such persons are to become spiritual MSCPs by virtue of this paragraph. |
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(3) | No nominations are to be made for any other person to become a spiritual |
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MSCP until the total number of such MSCPs is less than the number |
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specified in section 3(3)(c). |
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10 | The membership of a person who is a spiritual MSCP by virtue of paragraph |
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9 ends on retirement from office as an archbishop or bishop. |
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1 (1) | There is to be paid to an MSCP such remuneration, and any such allowances or |
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expenses, as may be specified in a resolution of the House of Commons. |
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(2) | A resolution may take effect from the date on which it is passed or from any earlier |
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or later date specified in the resolution. |
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2 | A resolution must take account of any recommendations that may from time to time |
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be made by The Senior Salaries Review Body as to the amount it considers |
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appropriate for any payments falling within paragraph 1. |
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(a) | specify the amounts to be paid; |
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(b) | provide that the amounts to be paid shall be the same as, or calculated on the |
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same basis as, those payable to or in respect of such persons as may be |
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(c) | specify the amounts to be paid and provide for them to be increased by |
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reference to such variables as may be specified in the resolution; |
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(d) | have the effect of making different provision for different cases. |
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4 (1) | If a resolution so provides, such amounts as may be specified in the resolution are to |
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be paid towards the provision of superannuation benefits, for or in respect of any |
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(2) | If a resolution so provides, such a pension as may be specified in the resolution is to |
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be paid to or in respect of a person whose period of membership has ended by virtue |
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(3) | “Pension” includes allowance and gratuity. |
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5 | Any amount payable under this Schedule shall be charged on and issued out of the |
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Electoral Regions in England |
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(a) | references to electoral regions for England are references to regions |
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comprising the same areas as for the time being comprise the |
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electoral regions for England under the European Parliamentary |
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Elections Act 2002 (c. 24); but |
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(b) | where an area included in an electoral region is altered under |
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Schedule 1 of that Act, the alteration does not have effect for the |
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purposes of this Act until the next poll of elected MSCPs to be held |
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under section 9 which takes place after the alteration comes into force |
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2 (1) | At each poll held under section 9, the number of members to be elected for |
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each electoral region in England listed in column (1) of the Table below is the |
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number shown in column (2). |
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(2) | Accordingly, the total number of elected MSCPs for England is to be made |
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up as shown in columns (2) to (5) of the Table below (the numbers in |
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columns (4) and (5) remaining constant as a result of a regular turnover of |
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one third of the number of elected MSCPs for England by virtue of section |
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3 (1) | This paragraph applies where the Secretary of State receives notifications in |
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accordance with paragraph 4 of Schedule 1 to the European Parliamentary |
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Elections Act 2002 (notifications relating to register). |
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(2) | As soon as possible after 1st May of the year in which the notifications are |
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received, the Secretary of State must— |
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(a) | consider, in relation to each electoral region in England, the number |
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of persons whose names appear on that date in (or in part of) any |
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register of parliamentary electors which relates to the region, |
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(b) | consider whether the ratio of those persons to elected MSCPs is as |
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nearly as possible the same for every such region, and |
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(c) | make by order such amendments of the Table as he considers |
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necessary to ensure that result. |
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(3) | An order under sub-paragraph (2) must not alter the total number of elected |
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MSCPs to be elected for the electoral regions in England. |
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Table: Number of elected MSCPs for regions in England |
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The Appointments Commission |
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The Appointments Commissioners |
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1 (1) | The Commission is to consist of members appointed by Her Majesty who are |
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to be known as Appointments Commissioners. |
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(2) | There are to be not fewer than five, but not more than seven, Appointments |
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Commissioners at any one time. |
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(3) | Her Majesty must appoint one of the Appointments Commissioners as |
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2 (1) | An appointment under paragraph 1 is to be made only on an Address from |
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(2) | No motion is to be made for an Address except on a recommendation |
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(a) | is made by the Committee to be formed under paragraph 3, and |
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(b) | has been laid before Parliament and approved by a resolution of each |
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(3) | An Address shall specify the period (not exceeding 10 years) for which an |
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Appointments Commissioner is to hold office. |
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3 (1) | There is to be a Committee of both Houses of Parliament to perform the |
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functions conferred on it by paragraph 4. |
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(2) | The Committee is to consist of Speaker of the Second Chamber and seven |
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other members comprising— |
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(a) | four persons to be nominated by the Speaker of the House of |
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(b) | three persons to be nominated by the Speaker of the Second |
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(3) | The Speaker of the Second Chamber is to be the chairman of the Committee. |
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(a) | from time to time make recommendations to Parliament as to |
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persons it considers to be fit and proper persons to act as |
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Appointments Commissioners, and |
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(b) | keep the activities of the Appointments Commission under review. |
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Terms of office of Appointment Commissioners |
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5 (1) | An Appointments Commissioner is to hold office— |
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(a) | for the period specified in relation to him in the Address pursuant to |
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which he is appointed, and |
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(b) | otherwise in accordance with the terms of his appointment. |
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(2) | An Appointments Commissioner is to be removed from office by Her |
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Majesty in pursuance of an Address from the Speaker of the Second House. |
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(3) | A motion for an Address may be presented only if one or more of the |
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(a) | the Commissioner has failed to discharge the functions of his office |
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for a continuous period of at least 3 months; |
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(b) | he has failed to comply with the terms of his appointment; |
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(c) | he has been convicted of a criminal offence; |
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(d) | he is an undischarged bankrupt or his estate has been sequestrated |
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in Scotland and he has not been discharged; |
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(e) | he has made an arrangement or composition contract with, or has |
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granted a trust deed for, his creditors; |
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(f) | he is otherwise unfit to hold his office or unable to carry out its |
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(4) | No motion for an Address may be made on the ground mentioned in sub- |
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paragraph (3)(a) if more than 3 months have elapsed since the end of the |
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(5) | An Appointments Commissioner may, at his own request, be relieved of his |
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(6) | If the chairman of the Commission ceases to be an Appointments |
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Commissioner, he also ceases to be chairman. |
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Appointments Commissioners: salary etc. |
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6 (1) | There is to be paid to an Appointments Commissioner such remuneration, and any |
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such allowances or expenses, as may be specified in a resolution of the House of |
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(2) | If a resolution of the House of Commons so provides in the case of any person who is |
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an Appointments Commissioner or former Appointments Commissioner— |
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(a) | such amounts shall be paid towards the provision of superannuation |
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benefits for or in respect of him as may be specified in the resolution; |
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(b) | (in the case of a former Appointments Commissioner) such pension shall be |
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paid to or in respect of him as may be so specified. |
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(3) | A resolution for the purposes of this paragraph may— |
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(a) | specify the amounts to be paid; |
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(b) | provide that the amounts to be paid shall be the same as, or calculated on the |
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same basis as, those payable to or in respect of a person employed in a |
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specified office under, or in a specified capacity in the service of, the Crown; |
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(c) | specify the amounts to be paid and provide for them to be increased by |
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reference to such variables as may be specified in the resolution; |
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(d) | have the effect of making different provision for different Appointments |
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Commissioners or former Appointments Commissioners. |
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(4) | A resolution for the purposes of this paragraph may take effect from the date on |
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which it is passed or from any earlier or later date specified in the resolution. |
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(5) | In this paragraph “pension” includes allowance and gratuity. |
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Status of the Commission and their property |
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7 (1) | The Commission is not to be regarded— |
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(a) | as the servant or agent of the Crown; |
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(b) | 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 property of, or |
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property held on behalf of, the Crown. |
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Procedure and proceedings |
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8 (1) | The Commission is to regulate its own procedure. |
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(2) | The validity of anything done by the Commission is not to be affected by— |
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(a) | a vacancy among the members of the Commission, or |
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(b) | a defect in the appointment of a member. |
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9 (1) | The Commission may appoint such staff as the Commission considers |
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necessary to assist it in the performance of its functions. |
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(2) | The staff of the Commission are be appointed on such terms and conditions as the |
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Commission may determine. |
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(3) | The Commission must pay its staff such remuneration as may be provided for by or |
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under their terms of appointment. |
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(4) | No member of the staff of the Commission is to be regarded— |
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(a) | as the servant or agent of the Crown; or |
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(b) | as enjoying any status, immunity or privilege of the Crown. |
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10 (1) | The Commission must— |
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(a) | keep proper accounts, |
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(b) | prepare a statement of accounts respect of each of its financial years; |
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