Local Democracy, Economic Development and Construction Bill [HL]

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Session 2008 - 09
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Local Democracy, Economic Development and Construction Bill [HL]

Local Democracy, Economic Development and Construction Bill [HL]
Schedule 1 — Boundary Committee for England
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Schedules
Schedule 1
Section 52

Boundary Committee for England
Members
1     (1)
The Local Government Boundary Commission for England (“the
5
Commission”) is to consist of—
(a)
the chair of the Commission, and
(b)
at least four and no more than eleven other members (“ordinary
members”).
      (2)
The ordinary members are to be appointed by Her Majesty on the
10
recommendation of the Secretary of State.
      (3)
The following may not be appointed as an ordinary member—
(a)
a member of a registered party;
(b)
a person who is, or has at any time with the last ten years been, an
officer or employee of a registered party or of any accounting unit of
15
such a party;
(c)
a person who holds, or has at any time within the last ten years held,
a relevant elective office (within the meaning of Schedule 7 to the
Political Parties, Elections and Referendums Act 2000 (c. 41) (“the
2000 Act”));
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(d)
a person who has at any time within the last ten years been named—
(i)
as a donor in the register of donations reported under
Chapter 3 or 5 of Part 4 of the 2000 Act, or
(ii)
as a participant in the register of recordable transactions
reported under Part 4A of that Act.
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      (4)
A person may not be appointed as an ordinary member for a period of more
than five years at any one time.
      (5)
Subject to the provisions of this paragraph, an ordinary member holds
office—
(a)
for the term for which the ordinary member is appointed, and
30
(b)
otherwise in accordance with the terms of their appointment.
      (6)
An ordinary member ceases to hold office if—
(a)
the ordinary member consents to being nominated as a candidate at
a relevant election (within the meaning of Part 2 of the 2000 Act) or
to being included in a registered party’s list of candidates at such an
35
election,
(b)
the ordinary member takes up any office or employment in or with—
(i)
a registered party or any accounting unit of such a party,

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(ii)
a recognised third party (within the meaning of Part 6 of the
2000 Act), or
(iii)
a permitted participant (within the meaning of Part 7 of that
Act),
(c)
the ordinary member is named as a donor in the register of donations
5
reported under Chapter 3 or 5 of Part 4 of the 2000 Act or in any
statement of donations included in a return delivered to the Electoral
Commission under section 98 or 122 of that Act,
(d)
the ordinary member is named as a participant in the register of
recordable transactions reported under Part 4A of that Act, or
10
(e)
the ordinary member becomes a member of a registered party.
      (7)
An ordinary member may, on the member’s request, be relieved of office by
Her Majesty.
      (8)
An ordinary member may, on the recommendation of the Secretary of State,
be removed from office by Her Majesty on any of the following grounds—
15
(a)
failure to discharge the functions of membership for a continuous
period of at least three months;
(b)
failure to comply with the terms of appointment;
(c)
conviction of a criminal offence;
(d)
being an undischarged bankrupt or having their estate sequestrated
20
in Scotland and not being discharged;
(e)
making an arrangement or composition contract with, or granting a
trust deed for, their creditors;
(f)
otherwise being unfit to hold office or unable to carry out the
functions of membership.
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      (9)
No-one may serve as an ordinary member for more than ten years
(continuously or otherwise).
     (10)
Service as an ordinary member is not service in the civil service of the State.
Chair
2     (1)
The chair of the Commission is to be appointed by Her Majesty on an
30
Address from the House of Commons.
      (2)
A motion for such an Address may be made only if—
(a)
the Speaker of the House of Commons agrees that the motion may be
made, and
(b)
the person whose appointment is proposed in the motion has been
35
selected in accordance with a procedure put in place and overseen by
the Speaker’s Committee (see section 2 of the 2000 Act).
      (3)
Such an Address must specify the period, not exceeding five years, for which
the proposed chair is to be appointed.
      (4)
A person may not be appointed as chair under sub-paragraph (1) if by virtue
40
of paragraph 1(3)(a) to (d) that person may not be appointed as an ordinary
member.
      (5)
Subject to the provisions of this paragraph, the chair holds office—
(a)
for the period of their appointment (which is to be that specified
under sub-paragraph (3)), and
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(b)
otherwise in accordance with the terms of their appointment.
      (6)
The chair ceases to hold office on the occurrence of such an event as is
mentioned in any of paragraphs (a) to (e) of paragraph 1(6).
      (7)
The chair may, on the chair’s request, be relieved of office as chair by Her
Majesty.
5
      (8)
The chair may be removed from office by Her Majesty on an Address from
the House of Commons.
      (9)
No motion may be made for such an Address unless the Speaker’s
Committee have presented a report to the House of Commons stating that
the Speaker’s Committee are satisfied that one or more of the following
10
grounds is made out in relation to the chair—
(a)
failure to discharge the functions of their office for a continuous
period of at least three months;
(b)
failure to comply with the terms of appointment as chair;
(c)
conviction of a criminal offence;
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(d)
being an undischarged bankrupt or having their estate sequestrated
in Scotland and not being discharged;
(e)
making an arrangement or composition contract with, or granting a
trust deed for, their creditors;
(f)
otherwise being unfit to hold office as chair or unable to carry out the
20
functions of that office.
     (10)
No-one may serve as chair for more than ten years (continuously or
otherwise).
     (11)
In the case of a re-appointment, the reference in sub-paragraph (2)(b) to
being selected in accordance with a procedure put in place and overseen by
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the Speaker’s Committee is to be read as including a reference to being
recommended for re-appointment by the Speaker’s Committee.
     (12)
Service as chair is not service in the civil service of the State.
Deputy chair
3     (1)
The Secretary of State may designate one of the ordinary members of the
30
Commission to be the deputy chair.
      (2)
The deputy chair is to act as chair—
(a)
in the event of a vacancy in the office of chair,
(b)
if the chair is unable to act, and
(c)
in such other circumstances as the Commission may determine.
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      (3)
The deputy chair may at any time resign as deputy chair by notice to the
Secretary of State.
Remuneration
4
The Commission must pay to or in respect of the members (including the
chair and deputy chair) such sums by way of or in respect of remuneration,
40
allowances, expenses, pensions or gratuities as the Speaker of the House of
Commons, after consulting the Speaker’s Committee, may determine.

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Committees
5     (1)
The Commission may establish any committees which it considers
appropriate.
      (2)
A committee of the Commission may establish one or more sub-committees.
      (3)
Only a member of the Commission may be a member of one of its
5
committees or sub-committees.
Proceedings
6     (1)
Subject to this Schedule, the Commission may regulate its own proceedings
and the proceedings of any of its committees or sub-committees (including
quorum).
10
      (2)
The validity of proceedings of the Commission, or of any of its committees
or sub-committees, is not affected by—
(a)
a vacancy, or
(b)
a defective appointment.
Chief executive and other employees
15
7     (1)
The Commission—
(a)
must appoint a chief executive, and
(b)
may appoint other employees.
      (2)
A person may not be appointed—
(a)
as chief executive of the Commission if by virtue of paragraph 1(3)(a)
20
to (d) that person may not be appointed as an ordinary member of
the Commission;
(b)
as any other member of staff of the Commission if by virtue of
paragraph 1(3)(b) to (d) that person may not be appointed as an
ordinary member of the Commission.
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      (3)
Service as chief executive or other employee of the Commission is not
service in the civil service of the State.
      (4)
Subject as follows, employees of the Commission must be appointed on such
terms and conditions, including terms and conditions as to remuneration, as
the Commission may determine.
30
      (5)
The appointment of any member of staff of the Commission terminates—
(a)
if that person is the chief executive of the Commission, on the
occurrence of such an event as is mentioned in any of paragraphs (a)
to (e) of paragraph 1(6), and
(b)
in any other case, on the occurrence of such an event as is mentioned
35
in any of paragraphs (a) to (d) of paragraph 1(6).
      (6)
For the purposes of determinations under sub-paragraph (4), the
Commission must have regard to the desirability of keeping the
remuneration and other terms or conditions of employment of its employees
broadly in line with those applying to persons in the civil service of the State.
40
      (7)
Service as an employee of the Commission is included in the kinds of
employment to which a scheme under section 1 of the Superannuation Act
1972 (c. 11) can apply; and accordingly, in Schedule 1 to that Act, “Local

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Government Boundary Commission for England” is to be inserted at the
appropriate place in the list of “Other bodies”.
      (8)
The Commission must pay to the Minister for the Civil Service, at such times
as the Minister may direct, such sums as the Minister may determine in
respect of any increase attributable to sub-paragraph (7) in the sums payable
5
out of money provided by Parliament under the Superannuation Act 1972
(c. 11).
Superannuation: supplementary
8     (1)
Section 1(2) of the Superannuation Act 1972 (delegation of functions relating
to civil service superannuation schemes by the Minister for the Civil Service
10
to another office of the Crown etc) has effect as if the reference to an officer
of the Crown other than a Minister included the chief executive of the
Commission.
      (2)
An administration function conferred on the chief executive under section
1(2) of that Act by virtue of sub-paragraph (1) may be exercised by (or by
15
employees of) such person as may be authorised in that behalf by the chief
executive.
      (3)
For the purposes of this paragraph an “administration function” is a function
of administering schemes—
(a)
made under section 1 of the Superannuation Act 1972, and
20
(b)
for the time being in force.
      (4)
An authorisation given by virtue of sub-paragraph (2) may authorise the
exercise of an administration function—
(a)
wholly or to such extent as may be specified in the authorisation;
(b)
generally or in such cases as may be so specified;
25
(c)
unconditionally or subject to such conditions as may be so specified.
      (5)
An authorisation given by virtue of sub-paragraph (2)—
(a)
is to be treated for all purposes as if it were given by virtue of an
order under section 69 of the Deregulation and Contracting Out Act
1994 (c. 40) (contracting out of functions of Ministers and office-
30
holders);
(b)
may be revoked at any time by the Commission (as well as by the
chief executive).
Delegations
9     (1)
The Commission may delegate any of its functions to any of its members,
35
employees, committees or sub-committees.
      (2)
Sub-paragraph (1) does not apply to any function of making an order by
statutory instrument.
      (3)
The chief executive of the Commission may delegate any of the chief
executive’s functions to any other employee of the Commission.
40
      (4)
A committee of the Commission may delegate any of its functions to any of
its sub-committees.
      (5)
A committee or sub-committee of the Commission may delegate any of its
functions to any employee of the Commission.

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Financial year
10    (1)
The financial year of the Commission is the period of twelve months ending
on 31 March.
      (2)
But the first financial year of the Commission is the period—
(a)
starting on the day on which section 52 comes into force, and
5
(b)
ending on the following 31 March.
Funding
11    (1)
The expenditure of the Commission is to be met, in accordance with this
paragraph, out of money provided by Parliament.
      (2)
For each financial year of the Commission (other than the first) the
10
Commission must prepare, and submit to the Speaker’s Committee, an
estimate of its income and expenditure.
      (3)
The Speaker’s Committee must—
(a)
examine each such estimate,
(b)
decide whether they are satisfied that the estimated level of income
15
and expenditure is consistent with the economical, efficient and
effective discharge by the Commission of its functions, and
(c)
if they are not so satisfied, must make such modifications to the
estimate as they consider appropriate for the purpose of achieving
such consistency.
20
      (4)
Before deciding whether they are so satisfied or making any such
modification the Speaker’s Committee must—
(a)
have regard to the most recent report made to them by the
Comptroller and Auditor General under paragraph 13 and to any
recommendations contained in that report, and
25
(b)
consult the Treasury and have regard to any advice which the
Treasury may give.
      (5)
The Speaker’s Committee must, after concluding their examination and
making their modifications (if any) to the estimate, lay the estimate before
the House of Commons.
30
      (6)
If the Speaker’s Committee, in the discharge of their functions under this
paragraph—
(a)
do not follow any recommendation contained in the report of the
Comptroller and Auditor General,
(b)
do not follow any advice given to them by the Treasury, or
35
(c)
make any modification to the estimate,

they must include in the next report which they make to the House of
Commons under paragraph 1 of Schedule 2 of the 2000 Act a statement of
their reasons for so doing.
Five-year plan
40
12    (1)
An estimate under paragraph 11 is to be accompanied by a plan prepared by
the Commission setting out its—
(a)
aims and objectives for the period of five years beginning with the
financial year to which the estimate relates, and

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(b)
estimated requirements for resources during that five-year period.
      (2)
The Speaker’s Committee must—
(a)
examine each such plan,
(b)
decide whether they are satisfied that the plan is consistent with the
economical, efficient and effective discharge by the Commission of
5
its functions, and
(c)
if they are not so satisfied, make such modifications to the plan as
they consider appropriate for the purpose of achieving such
consistency.
      (3)
Before deciding whether they are so satisfied or making any such
10
modification the Speaker’s Committee must—
(a)
have regard to the most recent report made to them by the
Comptroller and Auditor General under paragraph 13 and to any
recommendations contained in that report, and
(b)
consult the Treasury and have regard to any advice which the
15
Treasury may give.
      (4)
The Speaker’s Committee must, after concluding their examination and
making their modifications (if any) to the plan, lay the plan before the House
of Commons.
      (5)
If the Speaker’s Committee, in the discharge of their functions under this
20
paragraph—
(a)
do not follow any recommendation contained in the report of the
Comptroller and Auditor General,
(b)
do not follow any advice given to them by the Treasury, or
(c)
make any modification to the plan,
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they must include in the next report which they make to the House of
Commons under paragraph 1 of Schedule 2 of the 2000 Act a statement of
their reasons for so doing.
Annual examination by Comptroller and Auditor General
13    (1)
For the purposes of paragraphs 11 and 12 the Comptroller and Auditor
30
General must in each year—
(a)
carry out an examination into the economy, efficiency or
effectiveness (or any combination thereof) with which the
Commission has used its resources in discharging its functions (or, if
the Comptroller and Auditor General so determines, any particular
35
function),
(b)
report to the Speaker’s Committee the results of the examination,
and
(c)
include in the report such recommendations as the Comptroller and
Auditor General considers appropriate in the light of the
40
examination.
      (2)
Section 8 of the National Audit Act 1983 (c. 44) (right to obtain documents
and information) applies in relation to any examination under this
paragraph as it applies in relation to an examination under section 6 of that
Act.
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