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Second Chamber of Parliament Bill


10

Second Chamber of Parliament Bill
Schedule 1 — Transitional arrangements for Former Lords Members

 

Schedules

Schedule 1

Section 2(3)

 

Transitional arrangements for Former Lords Members

Introductory

1          

In relation to persons who are Former Lords Members, this Schedule

5

applies—

(a)   

to determine the arrangements for membership of the Second

Chamber for the transitional period, and

(b)   

to make transitional provision about persons who hold office as

bishops or archbishops.

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Election as a peerage MSCP

2     (1)  

A person may stand for election as a peerage MSCP if—

(a)   

he falls within section 2(1), and

(b)   

he satisfies the four conditions set out in section 4(4) to (7).

      (2)  

A person who has stood for election under Part 2 of this Act, but who has not

15

been elected, may stand for election as a peerage MSCP if he is otherwise

qualified to do so.

3     (1)  

Two elections are to be held under this Schedule.

      (2)  

An election is to take place as soon as possible after the return of elected

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

this Schedule is to be determined by reference to the total number of

members of the House of Lords immediately before the commencement of

the transitional period.

      (2)  

The maximum number is to be that total number reduced by one third and

25

rounded up to a whole number.

5     (1)  

The maximum number of peerage MSCPs elected at the second election

under this Schedule is to be determined by reference to the total number of

peerage MSCPs immediately before the second poll to be held under section

9.

30

      (2)  

The maximum number is to be taken as that total number reduced by one

half and rounded up to a whole number.

6     (1)  

Standing Orders of the Second Chamber are to make provision for the

holding of elections under this Schedule.

      (2)  

Standing Orders must include provision that each election is to consist of—

35

 

 

Second Chamber of Parliament Bill
Schedule 1 — Transitional arrangements for Former Lords Members

11

 

(a)   

a separate poll in respect of each qualifying party, and

(b)   

a single poll in respect of all relevant persons who sit on the cross-

benches.

      (3)  

Standing Orders must include provision—

(a)   

for the electorate at each separate poll to consist of all relevant

5

persons, and

(b)   

to secure that the proportion of peerage MSCPs elected at each of the

polls reflects (as equitably as possible) the number of relevant

persons in each electorate.

      (4)  

“Qualifying party” means a party registered under Part 2 of the Political

10

Parties, Elections and Referendums Act 2000 (c. 41) to which two or more

relevant persons belong.

      (5)  

“Relevant persons” means—

(a)   

in the case of the first election under this Schedule, persons who are

Former Lords Members at the time of the election;

15

(b)   

in the case of the second election under this Schedule, persons who—

(i)   

were peerage MSCPs immediately before the date of the

second poll to be held under section 9; and

(ii)   

have not become elected MSCPs or appointed MSCPs by the

time of the election.

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Period of office of peerage MSCP

7     (1)  

A person is a peerage MSCP from the time he is first elected in accordance

with this Schedule until his period of membership ends by virtue of sub-

paragraph (2) or (3).

      (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

Schedule, immediately before the date of the second poll to be held

under section 9;

(b)   

in the case of a peerage MSCP elected at the second election under

this Schedule, immediately before the date of the third poll to be held

30

under section 9.

      (3)  

A peerage MSCP’s membership is to be taken as ending prematurely if,

before the end-date specified in sub-paragraph (2), he—

(a)   

dies,

(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

the Second Chamber.

      (4)  

In a case falling within sub-paragraph (3), no by-elections are to be held.

Retirement packages for Former Lords Members

8     (1)  

This paragraph applies to any Former Lords Member not falling within

40

paragraph 9—

(a)   

who does not become a peerage MSCP, or

(b)   

whose membership as a peerage MSCP ends and is not renewed

under this Schedule.

 

 

Second Chamber of Parliament Bill
Schedule 2 — Remuneration of MSCPs

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      (2)  

Such persons are—

(a)   

to be treated as having retired, and

(b)   

are entitled to payment of such an amount as may be specified in a resolution

of the House of Commons.

Spiritual members

5

9     (1)  

This paragraph applies to persons who are Former Lords Members by virtue

of holding office as bishop or archbishop.

      (2)  

Such persons are to become spiritual MSCPs by virtue of this paragraph.

      (3)  

No nominations are to be made for any other person to become a spiritual

MSCP until the total number of such MSCPs is less than the number

10

specified in section 3(3)(c).

10         

The membership of a person who is a spiritual MSCP by virtue of paragraph

9 ends on retirement from office as an archbishop or bishop.

Schedule 2

Section 3(4)

 

Remuneration of MSCPs

15

1     (1)  

There is to be paid to an MSCP such remuneration, and any such allowances or

expenses, as may be specified in a resolution of the House of Commons.

      (2)  

A resolution may take effect from the date on which it is passed or from any earlier

or later date specified in the resolution.

2          

A resolution must take account of any recommendations that may from time to time

20

be made by The Senior Salaries Review Body as to the amount it considers

appropriate for any payments falling within paragraph 1.

3          

A resolution 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

25

same basis as, those payable to or in respect of such persons as may be

specified;

(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 cases.

30

4     (1)  

If a resolution so provides, such amounts as may be specified in the resolution are to

be paid towards the provision of superannuation benefits, for or in respect of any

person who is an MSCP.

      (2)  

If a resolution so provides, such a pension as may be specified in the resolution is to

be paid to or in respect of a person whose period of membership has ended by virtue

35

of section 5.

      (3)  

“Pension” includes allowance and gratuity.

5          

Any amount payable under this Schedule shall be charged on and issued out of the

Consolidated Fund.

 

 

Second Chamber of Parliament Bill
Schedule 3 — Electoral Regions in England

13

 

Schedule 3

Section 8(4)

 

Electoral Regions in England

1          

In this Schedule—

(a)   

references to electoral regions for England are references to regions

comprising the same areas as for the time being comprise the

5

electoral regions for England under the European Parliamentary

Elections Act 2002 (c. 24); but

(b)   

where an area included in an electoral region is altered under

Schedule 1 of that Act, the alteration does not have effect for the

purposes of this Act until the next poll of elected MSCPs to be held

10

under section 9 which takes place after the alteration comes into force

for all other purposes.

2     (1)  

At each poll held under section 9, the number of members to be elected for

each electoral region in England listed in column (1) of the Table below is the

number shown in column (2).

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      (2)  

Accordingly, the total number of elected MSCPs for England is to be made

up as shown in columns (2) to (5) of the Table below (the numbers in

columns (4) and (5) remaining constant as a result of a regular turnover of

one third of the number of elected MSCPs for England by virtue of section

5(2) and (4)).

20

3     (1)  

This paragraph applies where the Secretary of State receives notifications in

accordance with paragraph 4 of Schedule 1 to the European Parliamentary

Elections Act 2002 (notifications relating to register).

      (2)  

As soon as possible after 1st May of the year in which the notifications are

received, the Secretary of State must—

25

(a)   

consider, in relation to each electoral region in England, the number

of persons whose names appear on that date in (or in part of) any

register of parliamentary electors which relates to the region,

(b)   

consider whether the ratio of those persons to elected MSCPs is as

nearly as possible the same for every such region, and

30

(c)   

make by order such amendments of the Table as he considers

necessary to ensure that result.

      (3)  

An order under sub-paragraph (2) must not alter the total number of elected

MSCPs to be elected for the electoral regions in England.

Table: Number of elected MSCPs for regions in England

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(1)

(2)

(3)

(4)

(5)

 
  

First Poll

Second Poll

Third Poll

Subsequent

 
     

Polls

 
 

East Midlands

6

12

18

18

 
 

Eastern

8

16

24

24

 

40

 

London

10

20

30

30

 
 

 

Second Chamber of Parliament Bill
Schedule 4 — The Appointments Commission

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(1)

(2)

(3)

(4)

(5)

 
  

First Poll

Second Poll

Third Poll

Subsequent

 
     

Polls

 
 

North East

4

8

12

12

 
 

North West

11

22

33

33

 

5

 

South East

12

24

36

36

 
 

South West

8

16

24

24

 
 

West

8

16

24

24

 
 

Midlands

     
 

Yorkshire and

8

16

24

24

 

10

 

Humberside

     
 

Cumulative

75

150

225

225

 
 

total

     
 

Schedule 4

Section 14(2)

 

The Appointments Commission

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The Appointments Commissioners

1     (1)  

The Commission is to consist of members appointed by Her Majesty who are

to be known as Appointments Commissioners.

      (2)  

There are to be not fewer than five, but not more than seven, Appointments

Commissioners at any one time.

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      (3)  

Her Majesty must appoint one of the Appointments Commissioners as

chairman.

2     (1)  

An appointment under paragraph 1 is to be made only on an Address from

Parliament.

      (2)  

No motion is to be made for an Address except on a recommendation

25

which—

(a)   

is made by the Committee to be formed under paragraph 3, and

(b)   

has been laid before Parliament and approved by a resolution of each

House.

      (3)  

An Address shall specify the period (not exceeding 10 years) for which an

30

Appointments Commissioner is to hold office.

3     (1)  

There is to be a Committee of both Houses of Parliament to perform the

functions conferred on it by paragraph 4.

      (2)  

The Committee is to consist of Speaker of the Second Chamber and seven

other members comprising—

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(a)   

four persons to be nominated by the Speaker of the House of

Commons, and

 

 

Second Chamber of Parliament Bill
Schedule 4 — The Appointments Commission

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(b)   

three persons to be nominated by the Speaker of the Second

Chamber.

      (3)  

The Speaker of the Second Chamber is to be the chairman of the Committee.

4          

The Committee must—

(a)   

from time to time make recommendations to Parliament as to

5

persons it considers to be fit and proper persons to act as

Appointments Commissioners, and

(b)   

keep the activities of the Appointments Commission under review.

Terms of office of Appointment Commissioners

5     (1)  

An Appointments Commissioner is to hold office—

10

(a)   

for the period specified in relation to him in the Address pursuant to

which he is appointed, and

(b)   

otherwise in accordance with the terms of his appointment.

      (2)  

An Appointments Commissioner is to be removed from office by Her

Majesty in pursuance of an Address from the Speaker of the Second House.

15

      (3)  

A motion for an Address may be presented only if one or more of the

following applies—

(a)   

the Commissioner 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;

20

(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;

25

(f)   

he is otherwise unfit to hold his office or unable to carry out its

functions.

      (4)  

No motion for an Address may be made on the ground mentioned in sub-

paragraph (3)(a) if more than 3 months have elapsed since the end of the

period in question.

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      (5)  

An Appointments Commissioner may, at his own request, be relieved of his

office by Her Majesty.

      (6)  

If the chairman of the Commission ceases to be an Appointments

Commissioner, he also ceases to be chairman.

Appointments Commissioners: salary etc.

35

6     (1)  

There is to be paid to an Appointments Commissioner such remuneration, and any

such allowances or expenses, as may be specified in a resolution of the House of

Commons.

      (2)  

If a resolution of the House of Commons so provides in the case of any person who is

an Appointments Commissioner or former Appointments Commissioner

40

(a)   

such amounts shall be paid towards the provision of superannuation

benefits for or in respect of him as may be specified in the resolution;

(b)   

(in the case of a former Appointments Commissioner) such pension shall be

paid to or in respect of him as may be so specified.

 

 

Second Chamber of Parliament Bill
Schedule 4 — The Appointments Commission

16

 

      (3)  

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;

5

(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 Appointments

Commissioners or former Appointments Commissioners.

      (4)  

A resolution for the purposes of this paragraph may take effect from the date on

10

which it is passed or from any earlier or later date specified in the resolution.

      (5)  

In this paragraph “pension” includes allowance and gratuity.

Status of the Commission and their property

7     (1)  

The Commission is not to be regarded—

(a)   

as the servant or agent of the Crown;

15

(b)   

as enjoying any status, immunity or privilege of the Crown.

      (2)  

The property of the Commission is not to be regarded as property of, or

property held on behalf of, the Crown.

Procedure and proceedings

8     (1)  

The Commission is to regulate its own procedure.

20

      (2)  

The validity of anything done by the Commission is not to be affected by—

(a)   

a vacancy among the members of the Commission, or

(b)   

a defect in the appointment of a member.

Staff

9     (1)  

The Commission may appoint such staff as the Commission considers

25

necessary to assist it in the performance of its functions.

      (2)  

The staff of the Commission are be appointed on such terms and conditions as the

Commission may determine.

      (3)  

The Commission must pay its staff such remuneration as may be provided for by or

under their terms of appointment.

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      (4)  

No member of the staff of the Commission is to be regarded—

(a)   

as the servant or agent of the Crown; or

(b)   

as enjoying any status, immunity or privilege of the Crown.

Accounts

10    (1)  

The Commission must—

35

(a)   

keep proper accounts,

(b)   

prepare a statement of accounts respect of each of its financial years;

and

 

 

 
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