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Parliament (Joint Departments) Bill [HL]


Parliament (Joint Departments) Bill [HL]

1

 

A

Bill

To

Provide for joint departments of the Houses of Parliament; and for connected

purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1       

Joint departments of the Houses of Parliament

(1)   

The Corporate Officers may establish joint departments of the Houses of

Parliament.

(2)   

A joint department has the functions that the Corporate Officers allocate to it

from time to time.

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(3)   

The Corporate Officers may divide, amalgamate or abolish joint departments.

(4)   

Their powers in connection with joint departments include power—

(a)   

to acquire, hold, manage and dispose of land and other property of any

description;

(b)   

to enter into contracts;

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(c)   

to do anything reasonably necessary or expedient for or incidental to

their powers.

(5)   

In this Act—

“Corporate Officers” means the Corporate Officer of the House of

Commons and the Corporate Officer of the House of Lords;

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“joint department” means a department established under this section.

2       

Exercise of functions of the Corporate Officers

(1)   

The Corporate Officers’ functions in connection with joint departments are

exercisable by them only jointly.

(2)   

Subsection (3) applies to—

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(a)   

the exercise of functions under section 1(1) or (3);

 
Bill 9454/2
 
 

Parliament (Joint Departments) Bill [HL]

2

 

(b)   

the exercise of functions under section 1(2), if it changes the overall

character of the services provided by the joint department.

(3)   

In those cases—

(a)   

the Corporate Officer of the House of Commons may act only with the

approval of the House of Commons Commission;

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(b)   

the Corporate Officer of the House of Lords may act only in accordance

with recommendations made by the House Committee of the House of

Lords and approved by that House.

(4)   

In subsection (3)(b) the reference to the House Committee includes a reference

to any committee the House of Lords designates instead of that Committee for

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the purposes of this section.

3       

Staff

(1)   

The staff of a joint department are appointed by the Corporate Officers and

must be employed under a contract of employment with them.

(2)   

The Corporate Officers must ensure—

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(a)   

that the pay of staff is kept broadly in line with pay in the Home Civil

Service;

(b)   

that, so far as is consistent with the requirements of both Houses of

Parliament, the other conditions of service of staff are kept broadly in

line with those in the Home Civil Service;

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(c)   

that the pensions and similar benefits of existing and former staff are

kept in line with the provisions of the principal Civil Service Pension

Scheme, as it applies for the time being to the Home Civil Service.

(3)   

Subsection (2)(c) does not apply to existing or former staff if provision for

pensions and similar benefits—

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(a)   

was made for them under another scheme before they joined the joint

department, and

(b)   

continues to be made under that scheme in respect of their service in

that department.

4       

Staff transfers

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The Schedule (staff transfers) has effect.

5       

Application of enactments

(1)   

An enactment applying in relation to persons employed under a contract of

employment with the Corporate Officer of the House of Lords applies in the

same way in relation to staff of a joint department.

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(2)   

For the purposes of any enactment relating to either House of Parliament,

anything done by or on behalf of a joint department or in relation to it is done

by or on behalf of each House or in relation to each House (as the case may be).

(3)   

This section applies to enactments whenever passed or made.

6       

Short title

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This Act may be cited as the Parliament (Joint Departments) Act 2007.

 
 

Parliament (Joint Departments) Bill [HL]
Schedule — Staff transfers

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Schedule

Section 4

 

Staff transfers

Introductory

1     (1)  

This Schedule applies for the purposes of the Transfer of Undertakings

(Protection of Employment) Regulations 2006 (S.I. 2006/246).

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      (2)  

Anything treated under this Schedule as a transfer of an undertaking is to be

treated as a relevant transfer.

      (3)  

Anyone treated under this Schedule as employed in an undertaking

transferred is to be treated as assigned to an organised grouping of resources

that is subject to the relevant transfer.

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      (4)  

Nothing in this Schedule prevents the Regulations applying in a case where

they would apply apart from this Schedule.

2     (1)  

In this Schedule—

“change” in any paragraph means the change in allocation of functions

referred to in sub-paragraph (1) of the paragraph;

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“employed” means employed under a contract of employment;

“House authority”—

(a)   

in relation to the House of Commons, means the House of

Commons Commission;

(b)   

in relation to the House of Lords, means the Corporate

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Officer of the House of Lords;

“House department” means a department of either House of

Parliament.

      (2)  

This Schedule, as it applies in relation to a department of the House of

Commons, also applies in relation to an office or post in that House (and not

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in a department) in which a person is, or is to be, employed in or for the

purposes of that House.

Transfer to joint department: existing functions

3     (1)  

This paragraph applies if a function ceases to be allocated to a House

department on being allocated to a joint department.

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      (2)  

The function is to be treated as transferred from the House authority to the

Corporate Officers.

      (3)  

The transfer is to be treated as the transfer of an undertaking.

      (4)  

A person is to be treated as employed in the undertaking immediately before

the transfer if he meets the conditions in sub-paragraph (5).

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      (5)  

The conditions are—

(a)   

immediately before the transfer he is employed in the House

department in connection with the function transferred;

 

 

Parliament (Joint Departments) Bill [HL]
Schedule — Staff transfers

4

 

(b)   

before the transfer, the House authority from which the transfer is

made designates him for the purposes of the change.

Transfer to joint department: new functions

4     (1)  

This paragraph applies if—

(a)   

a function not allocated to a House department is allocated to a joint

5

department, and

(b)   

before it is allocated, a House authority designates, for the purposes

of the change, a person employed by the authority in a House

department.

      (2)  

The function is to be treated as transferred from the House authority to the

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Corporate Officers.

      (3)  

The transfer is to be treated as the transfer of an undertaking.

      (4)  

The designated person is to be treated as employed in the undertaking

immediately before the transfer if he is employed in the House department

at that time.

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      (5)  

Persons employed in different House departments, or different Houses, may

be designated for the purposes of the same change.

Transfer from joint department: functions continue

5     (1)  

This paragraph applies if a function ceases (so far as exercisable in relation

to either House) to be allocated to a joint department on being allocated to a

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House department.

      (2)  

The function allocated to the House department is to be treated as

transferred from the Corporate Officers to the House authority.

      (3)  

The transfer is to be treated as the transfer of an undertaking.

      (4)  

A person is to be treated as employed in the undertaking immediately before

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the transfer if he meets the conditions in sub-paragraph (5).

      (5)  

The conditions are—

(a)   

immediately before the transfer he is employed in the joint

department in connection with the function (whether or not the

function so far as exercisable in relation to the House concerned);

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(b)   

before the transfer, the Corporate Officers designate him for the

purposes of the change.

Transfer from joint department: functions cease

6     (1)  

This paragraph applies if—

(a)   

a function ceases (so far as exercisable in relation to either House or

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both) to be allocated to a joint department without being allocated to

a House department, and

(b)   

before it ceases to be allocated, the Corporate Officers designate one

or both of the House authorities for the purposes of the change.

      (2)  

Where only one House authority is designated, the function ceasing to be

40

allocated is to be treated as transferred from the Corporate Officers to that

authority.

 

 

Parliament (Joint Departments) Bill [HL]
Schedule — Staff transfers

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      (3)  

Where both House authorities are designated, the function ceasing to be

allocated is to be treated as comprising—

(a)   

a function transferred from the Corporate Officers to one of the

House authorities, and

(b)   

a function transferred from the Corporate Officers to the other House

5

authority.

      (4)  

The transfer, or each transfer, is to be treated as the transfer of an

undertaking.

      (5)  

A person is to be treated as employed in the undertaking immediately before

its transfer to a House authority if he meets the conditions in sub-paragraph

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(6).

      (6)  

The conditions are—

(a)   

immediately before the transfer he is employed in the joint

department in connection with the function ceasing to be allocated;

(b)   

before the transfer, the Corporate Officers designate him for the

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purposes of the transfer to the House authority concerned.

 

 

 
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