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Provide for joint departments of the Houses of Parliament; and for connected |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Joint departments of the Houses of Parliament |
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(1) | The Corporate Officers may establish joint departments of the Houses of |
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(2) | A joint department has the functions that the Corporate Officers allocate to it |
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(3) | The Corporate Officers may divide, amalgamate or abolish joint departments. |
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(4) | Their powers in connection with joint departments include power— |
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(a) | to acquire, hold, manage and dispose of land and other property of any |
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(b) | to enter into contracts; |
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(c) | to do anything reasonably necessary or expedient for or incidental to |
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“Corporate Officers” means the Corporate Officer of the House of |
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Commons and the Corporate Officer of the House of Lords; |
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“joint department” means a department established under this section. |
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2 | Exercise of functions of the Corporate Officers |
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(1) | The Corporate Officers’ functions in connection with joint departments are |
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exercisable by them only jointly. |
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(2) | Subsection (3) applies to— |
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(a) | the exercise of functions under section 1(1) or (3); |
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(b) | the exercise of functions under section 1(2), if it changes the overall |
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character of the services provided by the joint department. |
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(a) | the Corporate Officer of the House of Commons may act only with the |
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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 |
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with recommendations made by the House Committee of the House of |
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Lords and approved by that House. |
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(4) | In subsection (3)(b) the reference to the House Committee includes a reference |
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to any committee the House of Lords designates instead of that Committee for |
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the purposes of this section. |
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(1) | The staff of a joint department are appointed by the Corporate Officers and |
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must be employed under a contract of employment with them. |
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(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 |
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(b) | that, so far as is consistent with the requirements of both Houses of |
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Parliament, the other conditions of service of staff are kept broadly in |
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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 |
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kept in line with the provisions of the principal Civil Service Pension |
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Scheme, as it applies for the time being to the Home Civil Service. |
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(3) | Subsection (2)(c) does not apply to existing or former staff if provision for |
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pensions and similar benefits— |
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(a) | was made for them under another scheme before they joined the joint |
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(b) | continues to be made under that scheme in respect of their service in |
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The Schedule (staff transfers) has effect. |
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5 | Application of enactments |
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(1) | An enactment applying in relation to persons employed under a contract of |
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employment with the Corporate Officer of the House of Lords applies in the |
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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, |
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anything done by or on behalf of a joint department or in relation to it is done |
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by or on behalf of each House or in relation to each House (as the case may be). |
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(3) | This section applies to enactments whenever passed or made. |
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This Act may be cited as the Parliament (Joint Departments) Act 2007. |
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1 (1) | This Schedule applies for the purposes of the Transfer of Undertakings |
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(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 |
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treated as a relevant transfer. |
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(3) | Anyone treated under this Schedule as employed in an undertaking |
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transferred is to be treated as assigned to an organised grouping of resources |
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that is subject to the relevant transfer. |
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(4) | Nothing in this Schedule prevents the Regulations applying in a case where |
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they would apply apart from this Schedule. |
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“change” in any paragraph means the change in allocation of functions |
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referred to in sub-paragraph (1) of the paragraph; |
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“employed” means employed under a contract of employment; |
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(a) | in relation to the House of Commons, means the House of |
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(b) | in relation to the House of Lords, means the Corporate |
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Officer of the House of Lords; |
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“House department” means a department of either House of |
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(2) | This Schedule, as it applies in relation to a department of the House of |
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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 |
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Transfer to joint department: existing functions |
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3 (1) | This paragraph applies if a function ceases to be allocated to a House |
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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 |
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(3) | The transfer is to be treated as the transfer of an undertaking. |
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(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). |
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(a) | immediately before the transfer he is employed in the House |
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department in connection with the function transferred; |
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(b) | before the transfer, the House authority from which the transfer is |
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made designates him for the purposes of the change. |
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Transfer to joint department: new functions |
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4 (1) | This paragraph applies if— |
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(a) | a function not allocated to a House department is allocated to a joint |
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(b) | before it is allocated, a House authority designates, for the purposes |
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of the change, a person employed by the authority in a House |
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(2) | The function is to be treated as transferred from the House authority to the |
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(3) | The transfer is to be treated as the transfer of an undertaking. |
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(4) | The designated person is to be treated as employed in the undertaking |
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immediately before the transfer if he is employed in the House department |
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(5) | Persons employed in different House departments, or different Houses, may |
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be designated for the purposes of the same change. |
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Transfer from joint department: functions continue |
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5 (1) | This paragraph applies if a function ceases (so far as exercisable in relation |
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to either House) to be allocated to a joint department on being allocated to a |
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(2) | The function allocated to the House department is to be treated as |
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transferred from the Corporate Officers to the House authority. |
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(3) | The transfer is to be treated as the transfer of an undertaking. |
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(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). |
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(a) | immediately before the transfer he is employed in the joint |
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department in connection with the function (whether or not the |
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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 |
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Transfer from joint department: functions cease |
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6 (1) | This paragraph applies if— |
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(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 |
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(b) | before it ceases to be allocated, the Corporate Officers designate one |
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or both of the House authorities for the purposes of the change. |
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(2) | Where only one House authority is designated, the function ceasing to be |
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allocated is to be treated as transferred from the Corporate Officers to that |
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(3) | Where both House authorities are designated, the function ceasing to be |
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allocated is to be treated as comprising— |
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(a) | a function transferred from the Corporate Officers to one of the |
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(b) | a function transferred from the Corporate Officers to the other House |
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(4) | The transfer, or each transfer, is to be treated as the transfer of an |
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(5) | A person is to be treated as employed in the undertaking immediately before |
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its transfer to a House authority if he meets the conditions in sub-paragraph |
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(a) | immediately before the transfer he is employed in the joint |
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department in connection with the function ceasing to be allocated; |
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(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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