Child Poverty Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Child Poverty Bill

Child Poverty Bill
Part 3 — General
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may not be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.
(5)
A statutory instrument containing—
(a)
regulations made only under section 4(3) or 21(2), or
(b)
an order under section 19(6),
5

is subject to annulment in pursuance of a resolution of either House of
Parliament.
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Financial provisions
There is to be paid out of money provided by Parliament—
(a)
any expenditure incurred under or by virtue of this Act by a Minister of the
10
Crown, and
(b)
any increase attributable to this Act in the sums payable under any other Act
out of money so provided.
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Extent
(1)
Except as provided by subsections (2) to (4), the provisions of this Act extend
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to England and Wales, Scotland and Northern Ireland.
(2)
Section 10 extends to Scotland only.
(3)
Section 11 extends to Northern Ireland only.
(4)
Part 2 extends to England and Wales only.
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Commencement
20
(1)
This Act, except Part 2, comes into force on the day on which this Act is passed.
(2)
Part 2 comes into force at the end of the period of 2 months beginning with the
day on which this Act is passed.
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Short title
This Act may be cited as the Child Poverty Act 2009.
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16
Child Poverty Bill
Schedule 1 — The Child Poverty Commission

Schedules
Schedule 1
Section 7

The Child Poverty Commission
Membership, chair and deputy chair
1     (1)
The members of the Commission are to be—
5
(a)
a chair appointed by the Secretary of State,
(b)
a member appointed by the Scottish Ministers,
(c)
a member appointed by the Welsh Ministers,
(d)
a member appointed by the relevant Northern Ireland department,
and
10
(e)
such number of other members appointed by the Secretary of State
as the Secretary of State may determine.
      (2)
Before appointing a member under sub-paragraph (1)(e), the Secretary of
State must consult—
(a)
the chair, and
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(b)
the Scottish Ministers, the Welsh Ministers and the relevant
Northern Ireland department.
      (3)
The Secretary of State may, after consulting the chair, appoint one of the
members as the deputy chair.
      (4)
The Secretary of State must have regard to the desirability of securing that
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the Commission (taken as a whole) has experience in or knowledge of—
(a)
the formulation, implementation and evaluation of policy relating to
child poverty;
(b)
research in connection with child poverty;
(c)
work with children and families experiencing poverty.
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Term of office
2
Members are to hold and vacate office in accordance with the terms of their
appointment, subject to the following provisions.
3
Members must be appointed for a term of not more than 5 years.
4
The consent of the Secretary of State is required for the terms of an
30
appointment made under paragraph 1(1)(b) to (d).
5
A member may resign by giving notice in writing to the Secretary of State.
6
The Secretary of State may remove a member if—
(a)
the person has been absent from 3 or more consecutive meetings of
the Commission, without its permission,
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Child Poverty Bill
Schedule 1 — The Child Poverty Commission
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(b)
the person has become bankrupt or has made an arrangement with
creditors,
(c)
the person’s estate has been sequestrated in Scotland or the person,
under Scots law, has made a composition or arrangement with, or
granted a trust deed for, creditors, or
5
(d)
the Secretary of State is satisfied that the person is otherwise unable
or unfit to perform the duties of the office.
7
A person ceases to be the chair or the deputy chair if the person—
(a)
resigns that office by giving notice in writing to the Secretary of State,
or
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(b)
ceases to be a member.
8
A person who holds or has held office as the chair, or as the deputy chair or
other member, may be reappointed, whether or not to the same office.
Staff and facilities
9
The Secretary of State may provide the Commission with—
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(a)
such staff,
(b)
such accommodation, equipment and other facilities, and
(c)
such sums,

as the Secretary of State may determine are required by the Commission in
the exercise of its functions.
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Payments to members
10
The Secretary of State may pay to or in respect of the members of the Commission
such remuneration, allowances and expenses as the Secretary of State may
determine.
Status
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11
The Commission is not to be regarded—
(a)
as the servant or agent of the Crown, or
(b)
as enjoying any status, privilege or immunity of the Crown.
Sub-committees
12
The Commission may establish sub-committees.
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Validity of proceedings
13
The Commission may regulate—
(a)
its own procedure (including quorum), and
(b)
the procedure of any sub-committee (including quorum).
14
The validity of anything done by the Commission or any sub-committee is
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not affected by—
(a)
any vacancy in the membership of the Commission or sub-
committee, or
(b)
any defect in the appointment of any member of the Commission or
sub-committee.
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Child Poverty Bill
Schedule 1 — The Child Poverty Commission
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Discharge of functions
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The Commission may authorise a sub-committee or member to exercise any
of the Commission’s functions.
Provision of advice by Commission
16    (1)
The Commission must comply with any request made by the Secretary of
5
State under section 9 or by the Scottish Ministers or the relevant Northern
Ireland department under section 12.
      (2)
Advice given by the Commission under either of those sections must contain
the reasons for the advice.
      (3)
As soon as reasonably practicable after giving advice under either of those
10
sections, the Commission must publish the advice in such manner as it
thinks fit.
Public records
17
In Schedule 1 to the Public Records Act 1958 (definition of public records) in
Part 2 of the Table at the end of paragraph 3 at the appropriate place insert—
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“The Child Poverty Commission.”
Parliamentary Commissioner
18
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation) at the appropriate place insert—
“The Child Poverty Commission.”
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Disqualification
19    (1)
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(bodies of which all members are disqualified) at the appropriate place
insert—
“The Child Poverty Commission.”
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      (2)
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (bodies of which all members are disqualified) at the appropriate
place insert—
“The Child Poverty Commission.”
Freedom of information
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20
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
bodies and offices: general) at the appropriate place insert—
“The Child Poverty Commission.”