House of Commons portcullis
House of Commons
Session 2007 - 08
Internet Publications
Other Bills before Parliament

Regulatory Enforcement and Sanctions Bill [HL]


36

Regulatory Enforcement and Sanctions Bill [HL]
Schedule 1 — LBRO: supplementary

 

Schedules

Schedule 1

Section 1

 

LBRO: supplementary

Status

1     (1)  

LBRO is not to be regarded as a servant or agent of the Crown or as enjoying

5

any status, immunity or privilege of the Crown.

      (2)  

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

held on behalf of, the Crown.

Membership

2          

LBRO is to consist of ordinary and ex officio members.

10

3     (1)  

There are to be at least five and no more than ten ordinary members.

      (2)  

One of the ordinary members is to be the chair of LBRO.

      (3)  

The chair and other ordinary members are to be appointed by the Secretary

of State after consulting the Welsh Ministers.

      (4)  

The Secretary of State must consult the chair before appointing the other

15

ordinary members.

      (5)  

LBRO is to pay to or in respect of the ordinary members such sums as the

Secretary of State may determine by way of or in respect of remuneration,

allowances, expenses, pensions or gratuities.

      (6)  

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

20

it right for a person ceasing to be an ordinary member of LBRO to receive

compensation, LBRO must pay to that person such compensation as the

Secretary of State may determine.

4     (1)  

The ex officio members are to be—

(a)   

the Chief Executive of LBRO (see paragraph 7), and

25

(b)   

such other employees of LBRO as may for the time being be

appointed by the chair after consulting the Chief Executive.

      (2)  

The number of ex officio members appointed under sub-paragraph (1)(b)

may not at any time exceed—

(a)   

such number as may for the time being be specified by the Secretary

30

of State, or

(b)   

the number of ordinary members.

5          

Service as a member of LBRO is not service in the civil service of the State.

 

 

Regulatory Enforcement and Sanctions Bill [HL]
Schedule 1 — LBRO: supplementary

37

 

Tenure

6     (1)  

Subject to the other provisions of this Schedule, a person holds and vacates

office as a member of LBRO in accordance with the terms and conditions of

his or her appointment.

      (2)  

A person may not be appointed as an ordinary member of LBRO for a term

5

of more than five years.

      (3)  

A person may at any time resign as an ordinary member of LBRO by giving

notice in writing to the Secretary of State.

      (4)  

The Secretary of State may remove a person as an ordinary member of LBRO

at any time if —

10

(a)   

the ordinary member has, at any time, been convicted of a criminal

offence, or

(b)   

in the opinion of the Secretary of State—

(i)   

the ordinary member has failed to comply with the terms of

his or her appointment, or

15

(ii)   

the ordinary member is otherwise unable, unfit or unwilling

to perform his or her functions.

      (5)  

A person who has ceased to be an ordinary member is eligible for

reappointment for a further term or terms but the total period of

appointment of an ordinary member (whether or not in consecutive terms)

20

may not exceed ten years.

Employees

7     (1)  

LBRO is to have a Chief Executive.

      (2)  

The Chief Executive is to be an employee of LBRO.

      (3)  

The first Chief Executive is to be appointed by the Secretary of State.

25

      (4)  

A Chief Executive after the first is to be appointed by LBRO with the

approval of the Secretary of State.

      (5)  

LBRO may appoint other employees, subject to the approval of the Secretary

of State as to numbers and terms and conditions of employment.

      (6)  

Service as an employee of LBRO is not service in the civil service of the State.

30

      (7)  

LBRO may pay to or in respect of an employee sums by way of or in respect

of remuneration, allowances, expenses, pensions, gratuities or

compensation for loss of employment, subject to any conditions imposed by

the Secretary of State under sub-paragraph (5).

      (8)  

The Chief Executive may not take part in the determination of the amount of

35

any remuneration, allowance, pension, gratuity or compensation payable to

him or her.

Committees

8     (1)  

LBRO may establish one or more committees.

      (2)  

A committee established under this paragraph may include persons who are

40

neither members nor employees of LBRO.

 

 

Regulatory Enforcement and Sanctions Bill [HL]
Schedule 1 — LBRO: supplementary

38

 

      (3)  

A committee established under this paragraph may establish one or more

sub-committees.

      (4)  

LBRO may pay sums by way of or in respect of expenses to or in respect of

a person who is a member of a committee or a sub-committee established

under this paragraph but who is not a member or employee of LBRO.

5

Proceedings

9     (1)  

Subject to this Schedule, LBRO may regulate—

(a)   

its own proceedings (including quorum), and

(b)   

the proceedings (including quorum) of any of its committees.

      (2)  

A committee of LBRO may regulate the proceedings (including quorum) of

10

any of its sub-committees.

      (3)  

The validity of proceedings of LBRO, or of any of its committees or sub-

committees, is not affected by—

(a)   

a vacancy, or

(b)   

a defective appointment.

15

Delegation

10         

LBRO may delegate any of its functions to any of its members, employees,

committees or sub-committees.

Funding

11    (1)  

The Secretary of State may make grants to LBRO of such amounts as the

20

Secretary of State thinks fit.

      (2)  

A grant under sub-paragraph (1) may be subject to such conditions as the

Secretary of State thinks fit.

      (3)  

The Welsh Ministers may make grants to LBRO of such amounts as they

think fit.

25

      (4)  

A grant under sub-paragraph (3) may be subject to such conditions as the

Welsh Ministers think fit.

Annual report

12    (1)  

LBRO must, as soon as practicable after the end of each financial year,

produce a report on the discharge of its functions during that year.

30

      (2)  

LBRO must send a copy of the report to—

(a)   

the Secretary of State, and

(b)   

the Welsh Ministers.

      (3)  

The report must be sent under sub-paragraph (2)(a) within such period

beginning with the end of the financial year to which the report relates as the

35

Secretary of State may direct.

      (4)  

The report must be sent under sub-paragraph (2)(b) within such period

beginning with the end of the financial year to which the report relates as the

Welsh Ministers may direct.

 

 

Regulatory Enforcement and Sanctions Bill [HL]
Schedule 1 — LBRO: supplementary

39

 

      (5)  

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

received under sub-paragraph (2)(a).

      (6)  

The Welsh Ministers must lay before the National Assembly for Wales a

copy of each report received under sub-paragraph (2)(b).

Accounts

5

13    (1)  

LBRO must keep proper accounts and proper records in relation to the

accounts.

      (2)  

LBRO must prepare a statement of accounts for each financial year.

      (3)  

The statement of accounts must comply with any directions given by the

Secretary of State with the consent of the Treasury as to—

10

(a)   

the information to be contained in the statement;

(b)   

the form which the statement is to take;

(c)   

the manner in which the information is to be presented;

(d)   

the methods and principles according to which the statement is to be

prepared.

15

      (4)  

LBRO must send copies of the statement of accounts to the Secretary of State

and the Comptroller and Auditor General within such period as the

Secretary of State directs.

      (5)  

The Comptroller and Auditor General must—

(a)   

examine, certify and report on the statement of accounts received

20

under sub-paragraph (4), and

(b)   

send a copy of the certified statement and report to the Secretary of

State as soon as possible.

      (6)  

The Secretary of State must lay before Parliament a copy of each certified

statement and report received under sub-paragraph (5)(b).

25

      (7)  

LBRO must send a copy of the statement of accounts to the Auditor General

for Wales within such period as the Welsh Ministers direct.

Financial year

14    (1)  

The financial year of LBRO is the period of twelve months ending on 31

March.

30

      (2)  

But the first financial year of LBRO is the period—

(a)   

starting on the day on which section 1 comes into force, and

(b)   

ending on the following 31 March.

Instruments and authentication

15    (1)  

The fixing of the seal of LBRO shall be authenticated by the signature of the

35

chair or of another person authorised by LBRO to act for that purpose.

      (2)  

A document purporting to be duly executed under the seal of LBRO, or to be

signed on LBRO’s behalf, shall be received in evidence and, unless the

contrary is proved, shall be treated as having been so executed or signed.

 

 

Regulatory Enforcement and Sanctions Bill [HL]
Schedule 1 — LBRO: supplementary

40

 

Records

16         

In the Public Records Act 1958 (c. 51), in Schedule 1 (definition of public

records), in Part 2 of the Table at the end of paragraph 3, at the appropriate

place insert—

           

“Local Better Regulation Office.”

5

Parliamentary disqualification

17         

In the House of Commons Disqualification Act 1975 (c. 24), in Schedule 1, in

Part 2 (bodies of which all members are disqualified), at the appropriate

place insert—

           

“The Local Better Regulation Office.”

10

Investigation

18         

In the Parliamentary Commissioner Act 1967 (c. 13), in Schedule 2

(departments etc. subject to investigation), at the appropriate place insert—

           

“Local Better Regulation Office.”

Freedom of information

15

19         

In the Freedom of Information Act 2000 (c. 36), in Schedule 1, in Part 6 (other

public bodies and offices: general), at the appropriate place insert—

           

“The Local Better Regulation Office.”

Transitional provisions

20    (1)  

A person who immediately before the day on which section 1 comes into

20

force is the chair of the LBRO company is to be treated—

(a)   

as having been appointed as the chair of LBRO under paragraph 3(3),

and

(b)   

as having been so appointed on the day on which, and for the term

for which, that person was appointed as the chair of the LBRO

25

company.

      (2)  

A person who immediately before the day on which section 1 comes into

force is a director of the LBRO company is to be treated—

(a)   

as having been appointed as an ordinary member of LBRO under

paragraph 3(3), and

30

(b)   

as having been so appointed on the day on which, and for the term

for which, that person was appointed as a director of the LBRO

company.

      (3)  

A person who is the Chief Executive of the LBRO company immediately

before the day on which section 1 comes into force is to be treated as

35

appointed as the first Chief Executive of LBRO under paragraph 7(3).

      (4)  

A committee or sub-committee of the LBRO company which was in

existence immediately before the day on which section 1 comes into force is

to be treated as having been established as a committee or sub-committee of

LBRO under paragraph 8(1) or (3).

40

 

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2008
Revised 7 February 2008