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Place
the Commission for the Compact on a statutory basis; to confer
powers |
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on the Commission; and for
connected purposes. |
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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 |
Commission
for the Compact |
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(1) |
There shall be a Commission
for the Compact (“the Commission”). |
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(2) |
The Commission shall be
a corporation sole, by the name of the “Commission |
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(3) |
The Commission shall be
composed of a Commissioner for the Compact and at |
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least four other members.
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(4) |
The Commissioner for the
Compact shall chair the Commission. |
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(5) |
The Secretary of State shall
appoint the Commissioner for the Compact and the |
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other members of the Commission. |
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(6) |
The Secretary of State shall
determine the duration and terms of appointments |
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(7) |
The
Secretary of State may make payments to the Commissioner by way
of |
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remuneration
and make payments to other members of the Commission in respect
of |
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expenses
incurred by them in the performance of their duties. |
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(8) |
The
Secretary of State may also defray any other expenses of the Commission. |
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2 |
Functions
of the Commission |
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(1) |
The Commission has the function
of promoting and strengthening cooperation |
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between statutory bodies
and voluntary and community organisations in |
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accordance with the Compact
on relations between Government and the |
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Voluntary and Community Sector
in England and associated codes (“the |
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(2) |
The
Commission may in particular under this section— |
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(a) |
promote awareness and understanding
of the Commission and its |
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work, and adherence to the
principles, practices and undertakings set |
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out in the Compact and followed
by statutory bodies and by voluntary |
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and community organisations
in their relations with each other; |
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(b) |
take steps to ensure that
the Compact remains consistent with the law |
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and with any relevant guidance
issued by the Secretary of State; |
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(c) |
carry out research into the
operation of the Compact and the results of |
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adherence to the Compact by
statutory bodies and voluntary and |
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community organisations and
to publish and disseminate the results of |
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(d) |
carry out inquiries in accordance
with section 3. |
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(3) |
In performing its functions,
the Commission shall— |
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(a) |
take steps to avoid duplicating
the work of any other body or person; |
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(b) |
have regard to the need to
use its resources in the most efficient, |
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effective and economical way. |
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3 |
Inquiries
initiated by Commission |
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(1) |
Where it appears to the
Commission that an action by a statutory body or |
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voluntary or community organisation
is inconsistent with Compact principles |
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and raises issues of public
policy, it may hold an inquiry into that case for the |
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purpose of discovering facts
and making recommendations. |
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(2) |
The Commission may only
conduct an inquiry under this section if it is |
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satisfied that the inquiry
would not duplicate the work of another person or |
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organisation (having consulted
such persons as it considers appropriate). |
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(3) |
The Commission shall publish
guidelines specifying the principles and |
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procedures governing the
conduct of its inquiries under this section. |
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(4) |
In the course of an inquiry,
the Commission may require any person or |
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organisation to give the
Commission any information and documents that it |
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reasonably requests for the
purposes of the inquiry and that are relevant to the |
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matter under inquiry; and
the person or organisation shall take all reasonable |
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steps to comply with such
a request. |
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(5) |
As soon as practicable after
completing an inquiry under this section, the |
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Commission must submit a
report to the Secretary of State containing any |
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recommendations that the
Commission thinks necessary or desirable for the |
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purpose of promoting and
strengthening cooperation between statutory |
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bodies and voluntary and
community organisations in accordance with the |
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(6) |
The Commission must publish
any report completed under this section not |
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more than two weeks after
its submission to the Secretary of State. |
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(7) |
Where the Commission has
published a report under this section containing |
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recommendations in respect
of any person or body, the Commission may |
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request that person or body
to state in writing, within such period as the |
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Commission may reasonably
require, what action the person or body has taken |
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or proposes to take in response
to the recommendations; and that person or |
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body shall take all reasonable
steps to respond to such a request. |
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(1) |
As soon as is practicable
after the end of each financial year the Commission |
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(a) |
the way in which it discharged
its functions under this Act, other than |
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the function of holding inquiries
under section 3; |
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(b) |
any conclusions it has reached
in the course of exercising its functions |
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(c) |
any matters it plans to consider
or investigate in the following financial |
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(2) |
Where the Commission makes
a report under this section it must send a copy |
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of the Secretary of State,
who must as soon as is reasonably practicable lay a |
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copy before each House of
Parliament and publish it. |
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There
shall be paid out of money provided by Parliament— |
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(a) |
any
sums to be paid by the Secretary of State for or in connection
with the |
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carrying
out of functions under this Act; and |
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(b) |
any
increase attributable to this Act in the sums which are payable
out of |
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money
so provided under any other Act. |
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6 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Commission on the Compact Act 2009. |
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(2) |
This Act comes into force
on the day following the day on which it is passed. |
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(3) |
This Act extends to England
only. |
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