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Report Stage Proceedings: 9th May 2007                  

221

 

UK Borders Bill, continued

 
 

(c)    

perform such other functions as may be assigned to him by the

 

Commission.

 

      (3)  

The deputy Chairman—

 

(a)    

may act for the Chairman when he is unavailable, and

 

(b)    

shall perform—

 

(i)    

such functions as may be specified in the terms of his

 

appointment, and

 

(ii)    

such other functions as the chairman may delegate or assign

 

to him.

 

      (4)  

The Chairman or deputy Chairman—

 

(a)    

shall vacate office if he ceases to be a Commissioner,

 

(b)    

may resign by notice in writing to the Secretary of State, and

 

(c)    

otherwise, shall hold and vacate office in accordance with the terms of

 

his appointment (and may be reappointed).

 

      (5)  

If the Chairman resigns he shall cease to be a Commissioner (but he may be

 

reappointed as a Commissioner).

 

      (6)  

The chief executive may not be appointed Chairman or deputy Chairman.

 

Part 2

 

Proceedings

 

Procedure

 

5          

The Commission may regulate its own proceedings (subject to this Schedule).

 

6    (1)  

The Commission shall determine a quorum for its meetings.

 

      (2)  

At least five Commissioners must participate in the process by which a

 

determination under sub-paragraph (1) is made.

 

Staff

 

7    (1)  

The Commission—

 

(a)    

shall appoint a chief executive, and

 

(b)    

shall appoint other staff.

 

      (2)  

A person may be appointed under sub-paragraph (1)(a) only with the consent

 

of the Secretary of State.

 

      (3)  

An appointment may be made under sub-paragraph (1)(b) only if consistent

 

with arrangements determined by the Commission and approved by the

 

Secretary of State as to—

 

(a)    

numbers, and

 

(b)    

terms and conditions of appointment.

 

Reports

 

8    (1)  

The Commission shall for each financial year prepare a report on the

 

performance of its functions in that year (to be known as its annual report).

 

      (2)  

The Commission shall send each annual report to the Secretary of State within

 

such period, beginning with the end of the financial year to which the report

 

relates, as he may specify.

 

      (3)  

The Secretary of State shall lay before Parliament a copy of each annual report

 

received under sub-paragraph (2).


 
 

Report Stage Proceedings: 9th May 2007                  

222

 

UK Borders Bill, continued

 
 

9    (1)  

In addition to reports produced under paragraph 8, the Commission may

 

prepare such additional reports on any of its functions and responsibilities as it

 

sees fit.

 

      (2)  

The Commission shall send each report prepared under sub-paragraph (1) to

 

the Secretary of State within a period of four weeks beginning with the day on

 

which the report was agreed by the Commission.

 

      (3)  

The Secretary of State shall lay before Parliament a copy of each report

 

received under sub-paragraph (2).

 

Savings

 

10         

The validity of proceedings of the Commission shall not be affected by—

 

(a)    

a vacancy (whether for Commissioner, Chairman, deputy Chairman or

 

chief executive), or

 

(b)    

a defect in relation to an appointment.

 

Part 3

 

Money

 

Remuneration, &c.

 

11  (1)  

The Commission may pay to the Chairman, deputy Chairman or another

 

Commissioner—

 

(a)    

such remuneration as the Secretary of State may determine, and

 

(b)    

such travelling and other allowances as the Secretary of State may

 

determine.

 

      (2)  

The Commission may pay to, or in respect of the Chairman, deputy Chairman

 

or another Commissioner such sums as the Secretary of State may determine

 

by way of, or in respect of, pensions, allowances or gratuities.

 

      (3)  

If the Secretary of State thinks that there are special circumstances that make

 

it right for a person ceasing to hold office as Chairman, deputy Chairman or

 

Commissioner to receive compensation, the Commission may pay to him such

 

compensation as the Secretary of State may determine.

 

      (4)  

This paragraph does not apply to the Chief Executive.

 

12  (1)  

The Commission may pay sums to or in respect of a member or former member

 

of staff by way of or in respect of—

 

(a)    

remuneration,

 

(b)    

allowances,

 

(c)    

pensions,

 

(d)    

gratuities, or

 

(e)    

compensation for loss of employment.

 

      (2)  

In Schedule 1 to the Superannuation Act 1972 (c. 11) (employment to which

 

superannuation schemes may extend) in the list of other bodies insert at the

 

appropriate place—

 

(a)    

“The Immigration and Population Commission.”

 

      (3)  

The Commission shall pay to the Minister for the Civil Service such sums as

 

he may determine in respect of any increase attributable to sub-paragraph (2)

 

in the sums payable out of money provided by Parliament under the

 

Superannuation Act 1971 (c. 11).


 
 

Report Stage Proceedings: 9th May 2007                  

223

 

UK Borders Bill, continued

 
 

Funding by Secretary of State

 

13         

The Secretary of State shall pay to the Commission such sums as appear to the

 

Secretary of State reasonably sufficient for the purpose of enabling the

 

Commission to perform its functions.

 

Accounts

 

14  (1)  

The Commission shall—

 

(a)    

keep proper accounting records, and

 

(b)    

prepare a statement of accounts in respect of each financial year in

 

such form as the Secretary of State may direct.

 

      (2)  

The Commission shall send a copy of a statement under sub-paragraph (1)(b)

 

to—

 

(a)    

the Secretary of State, and

 

(b)    

the Comptroller and Auditor General.

 

      (3)  

A copy of a statement must be sent under sub-paragraph (2) within such period,

 

beginning with the end of the financial year to which the statement relates, as

 

the Secretary of State may direct.

 

      (4)  

The Comptroller and Auditor General shall—

 

(a)    

examine, certify and report on a statement received under this

 

paragraph, and

 

(b)    

lay a copy of the statement and his report before Parliament.

 

      (5)  

The Secretary of State may make a direction under sub-paragraph (1)(b) only

 

with the consent of the Treasury.

 

Financial year

 

15  (1)  

The financial year of the Commission shall be the period of 12 months ending

 

with 31st March.

 

      (2)  

But the first financial year of the Commission shall be the period—

 

(a)    

beginning with the coming into force of section (Immigration and

 

Population Commission), and

 

(b)    

ending with—

 

(i)    

the following 31st March, if section (Immigration and

 

Population Commission) comes into force on 1st April, and

 

(ii)    

the second following 31st March, in any other case.’.

 

Bill read the third time, and passed.

 


 
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