|
| |
| |
(c) | of the proceedings of a meeting of the chairman and other non- |
| |
| |
(d) | of anything done by an employee or member of the Authority under |
| |
| |
Disqualification for acting in relation to certain matters |
| 5 |
13 (1) | This paragraph applies if at any meeting of— |
| |
| |
(b) | the chairman and other non-executive members, or |
| |
(c) | any committee or sub-committee, |
| |
| a member of the Authority or, as the case may be, of the committee or sub- |
| 10 |
committee has a direct or indirect interest in any matter falling to be |
| |
considered at the meeting. |
| |
(2) | The person with the interest must declare it and the declaration must be |
| |
recorded in the minutes of the meeting. |
| |
(3) | The person with the interest may not take part in any discussion or decision |
| 15 |
relating to the matter in which he has an interest, unless— |
| |
(a) | in the case of a meeting of the Authority or of the chairman and other |
| |
non-executive members, the other members who are present when |
| |
the discussion or decision falls to take place or is made have resolved |
| |
unanimously that the interest is to be disregarded, or |
| 20 |
(b) | in any other case, the other members of the committee or sub- |
| |
committee who are so present have resolved in the manner |
| |
authorised by the Authority that the interest is to be disregarded. |
| |
(4) | In granting authorisations for the purposes of sub-paragraph (3)(b), the |
| |
Authority must secure that a resolution for those purposes does not allow a |
| 25 |
person to take part in a discussion or decision at a meeting of a committee |
| |
established by virtue of paragraph 9(1)(a) or of a sub-committee of such a |
| |
committee unless at least the following requirements are met— |
| |
(a) | the number of other members of the committee or sub-committee in |
| |
favour of the resolution is not less than two-thirds of those who are |
| 30 |
both present and entitled to vote on the resolution, and |
| |
(b) | the number of other members of the committee or sub-committee in |
| |
favour of the resolution is not less than its quorum. |
| |
(5) | For the purposes of this paragraph a general notification given at or sent to |
| |
| 35 |
| |
(i) | has an interest (as member, officer, employee or otherwise) in |
| |
a specified body corporate or firm, or |
| |
(ii) | is connected with a specified person (other than a body |
| |
| 40 |
(b) | he is to be regarded as interested in any matter involving that body |
| |
corporate or firm or, as the case may be, person, |
| |
| is to be regarded as compliance with sub-paragraph (2) in relation to any |
| |
such matter for the purposes of that meeting and any subsequent relevant |
| |
meeting of the same type which is held while the notification is in force. |
| 45 |
(6) | Section 252 of the Companies Act 2006 (c. 46) (persons connected with a |
| |
director) applies for determining whether a person is connected with |
| |
| |
| |
|
| |
| |
another person for the purposes of sub-paragraph (5) as it applies for |
| |
determining whether a person is connected with a director of a company. |
| |
(7) | A notification for the purposes of sub-paragraph (5) remains in force until it |
| |
| |
(8) | For the purposes of sub-paragraph (5) each of the following is a “relevant |
| 5 |
| |
(a) | a meeting of the Authority, |
| |
(b) | a meeting of the chairman and other non-executive members, |
| |
(c) | a meeting of a committee, |
| |
(d) | a meeting of a sub-committee, |
| 10 |
| and a relevant meeting is of the same type as another relevant meeting if |
| |
both meetings are relevant meetings by virtue of falling within the same |
| |
paragraph of this sub-paragraph. |
| |
(9) | A person required to make a declaration for the purposes of this paragraph |
| |
in relation to any meeting— |
| 15 |
(a) | is not required to attend the meeting, but |
| |
(b) | is to be taken to have complied with the requirements of this |
| |
paragraph if he takes reasonable steps to secure that notice of his |
| |
interest is read out at, and taken into consideration at, the meeting. |
| |
(10) | For the purposes of this paragraph a person is not to be taken to have an |
| 20 |
interest in any matter by reason only— |
| |
(a) | that he is or has previously been engaged, on behalf of the relevant |
| |
authority, in activities connected with the discharge of the |
| |
authority’s functions relating to occupational pension schemes or |
| |
personal pension schemes, or |
| 25 |
(b) | that he has previously been a trustee or manager of such a scheme or |
| |
an employee of such a trustee or manager. |
| |
| |
14 | The Authority may delegate any function conferred on it to— |
| |
| 30 |
| |
| |
| |
15 (1) | The validity of proceedings of the Authority, the chairman and other non- |
| |
executive members, a committee or a sub-committee is not affected by— |
| 35 |
(a) | a vacancy among the members of the Authority or, as the case may |
| |
be, the committee or sub-committee, |
| |
(b) | a defect in the appointment of a person as chairman, deputy |
| |
chairman or any other member, or |
| |
(c) | a failure to comply with a requirement which is a requirement as to |
| 40 |
procedure by virtue of paragraph 11. |
| |
(2) | Sub-paragraph (1)(c) does not validate any proceedings of a meeting which |
| |
is inquorate for a reason not within sub-paragraph (1)(a) or (b). |
| |
| |
| |
|
| |
| |
Authentication of the Authority’s seal |
| |
16 (1) | The application of the Authority’s seal must be authenticated by the |
| |
| |
(a) | the chairman or another member, or |
| |
(b) | any other person authorised by the Authority (whether generally or |
| 5 |
specially) for the purpose. |
| |
(2) | A document purporting to be duly executed under the seal of the Authority, |
| |
or to be signed on behalf of the Authority, is to be received in evidence and, |
| |
except to the extent that the contrary is shown, taken to be duly so executed |
| |
| 10 |
(3) | This paragraph does not apply to Scotland. |
| |
| |
17 (1) | As soon as is reasonably practicable after the end of each financial year, the |
| |
Authority must send to the Secretary of State a report on the exercise of the |
| |
Authority’s functions during that year. |
| 15 |
(2) | A report under this paragraph must include— |
| |
(a) | a report on the Authority’s proceedings during that year, and |
| |
(b) | such information relating to the financial position of the Authority, |
| |
and to any other matters that he thinks appropriate, as the Secretary |
| |
| 20 |
(3) | The Secretary of State must lay before Parliament a copy of each report |
| |
received by him under this paragraph. |
| |
| |
| |
| 25 |
18 | The Secretary of State may, with the consent of the Treasury, make grants to |
| |
the Authority of such sums as he thinks fit for the purpose of enabling the |
| |
Authority to incur or meet liabilities in respect of capital and revenue |
| |
| |
| 30 |
19 (1) | The Authority must— |
| |
(a) | keep proper accounting records, and |
| |
(b) | prepare a statement of accounts in respect of each financial year. |
| |
(2) | A statement under sub-paragraph (1)(b) must be prepared by the Authority |
| |
in such form as the Secretary of State may direct. |
| 35 |
(3) | The Authority must send a copy of a statement under sub-paragraph |
| |
| |
(a) | to the Secretary of State, and |
| |
(b) | to the Comptroller and Auditor General. |
| |
| |
| |
|
| |
| |
(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 direct. |
| |
(5) | The Comptroller and Auditor General must— |
| |
(a) | examine, certify and report on a statement received under this |
| 5 |
| |
(b) | lay a copy of the statement and of his report before Parliament. |
| |
| |
| |
| 10 |
20 | In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 |
| |
(c. 24) (bodies of which all members are disqualified) insert at the |
| |
| |
“The Personal Accounts Delivery Authority.” |
| |
21 | In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification |
| 15 |
Act 1975 (c. 25) (bodies of which all members are disqualified) insert at the |
| |
| |
“The Personal Accounts Delivery Authority.” |
| |
Records and freedom of information |
| |
22 | In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public |
| 20 |
records) in paragraph 3, insert at the appropriate place in Part 2 of the Table |
| |
(other establishments and organisations)— |
| |
“Personal Accounts Delivery Authority”. |
| |
23 | In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public |
| |
authorities: miscellaneous) insert at the appropriate place— |
| 25 |
“The Personal Accounts Delivery Authority”. |
| |
| |
| |
| |
(a) | the period beginning with the day on which this Act is passed |
| 30 |
and ending with the following 31st March; and |
| |
(b) | every subsequent period of 12 months ending with 31st |
| |
| |
“non-executive member”, in relation to the Authority, means a member |
| |
of the Authority who is not an executive member; |
| 35 |
“occupational pension scheme” and “personal pension scheme”— |
| |
(a) | in relation to England and Wales or Scotland, have the same |
| |
meanings as in the Pension Schemes Act 1993 (c. 48) (see |
| |
| |
(b) | in relation to Northern Ireland, have the same meanings as in |
| 40 |
the Pension Schemes (Northern Ireland) Act 1993 (c. 49) (see |
| |
| |
“the relevant authority” means— |
| |
| |
| |
|
| |
| |
(a) | in relation to England and Wales or Scotland, the Secretary of |
| |
| |
(b) | in relation to Northern Ireland, the Department for Social |
| |
Development in Northern Ireland; |
| |
| 5 |
(a) | in relation to England and Wales or Scotland, is to be |
| |
construed in accordance with section 178 of the Pension |
| |
Schemes Act 1993 (c. 48) (trustees and managers of schemes: |
| |
| |
(b) | in relation to Northern Ireland, is to be construed in |
| 10 |
accordance with section 173 of the Pension Schemes |
| |
(Northern Ireland) Act 1993 (c. 49) (trustees or managers of |
| |
| |
(2) | In this Schedule references to the relevant authority’s functions relating to |
| |
occupational pension schemes or personal pension schemes include such |
| 15 |
functions conferred at any time after the passing of this Act. |
| |
| |
| |
|
