Constitutional Reform and Governance Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Constitutional Reform and Governance Bill

Constitutional Reform and Governance Bill
Part 9 — Final provisions
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Financial provision
There is to be paid out of money provided by Parliament—
(a)
any expenditure incurred by a Minister of the Crown by virtue of this Act;
(b)
any increase attributable to this Act in the sums payable by virtue of any other
Act out of money so provided.
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55
Power to make consequential provision
(1)
A Minister of the Crown, or two or more Ministers of the Crown acting jointly,
may by order make such provision as the Minister or Ministers consider
appropriate in consequence of any provision of this Act.
(2)
An order under subsection (1) may—
10
(a)
amend, repeal or revoke any existing statutory provision;
(b)
include supplementary, incidental, transitional, transitory or saving
provision.
(3)
“Existing statutory provision” means—
(a)
a provision of an Act passed on or before the last day of the Session in
15
which this Act is passed;
(b)
a provision of subordinate legislation (as defined in section 21(1) of the
Interpretation Act 1978 (c. 30)) made on or before that day.
(4)
An order under subsection (1) is to be made by statutory instrument.
(5)
A statutory instrument containing an order under subsection (1) which
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amends or repeals a provision of an Act may not be made unless a draft of the
instrument has been laid before and approved by a resolution of each House of
Parliament.
(6)
A statutory instrument containing an order under subsection (1) which does
not amend or repeal a provision of an Act is subject to annulment in pursuance
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of a resolution of either House of Parliament.
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Extent, commencement, transitional provision and short title
(1)
Part 4 of this Act extends to England and Wales only.
(2)
An amendment or repeal contained in any other Part of this Act has the same
extent as the Act or instrument or relevant part of the Act or instrument to
30
which the amendment or repeal relates (ignoring extent by virtue of an Order
in Council).
(3)
This Act (apart from this Part) comes into force on such day as a Minister of the
Crown, or two or more Ministers of the Crown acting jointly, may by order
appoint; and different days may be appointed for different purposes.
35
(4)
A Minister of the Crown, or two or more Ministers of the Crown acting jointly,
may by order make transitional, transitory or saving provision in connection
with the coming into force of any provision of this Act.
(5)
An order under subsection (3) or (4) is to be made by statutory instrument.
(6)
This Act may be cited as the Constitutional Reform and Governance Act 2009.
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Constitutional Reform and Governance Bill
Schedule 1 — The Civil Service Commission
Part 1 — The Commissioners

Schedules
Schedule 1
Section 2

The Civil Service Commission
Part 1
The Commissioners
5
Membership of the Commission
1     (1)
The Commission is to consist of at least seven members.
      (2)
One of those is to be the First Civil Service Commissioner appointed under
paragraph 2.
      (3)
The others are to be Civil Service Commissioners appointed under
10
paragraph 3.
Appointment of First Civil Service Commissioner
2     (1)
This paragraph is about the appointment of the First Civil Service
Commissioner (“First Commissioner”).
      (2)
The First Commissioner is appointed by Her Majesty on the
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recommendation of the Minister for the Civil Service.
      (3)
A person’s selection for recommendation must be on merit on the basis of
fair and open competition.
      (4)
Before selecting a person, the Minister must consult—
(a)
the First Ministers for Scotland and Wales, and
20
(b)
the relevant opposition leaders (see sub-paragraph (8)).
      (5)
The terms on which the First Commissioner holds office are determined by
the Minister for the Civil Service.
      (6)
The period of the appointment is to be no more than five years.
      (7)
A person cannot be appointed as First Commissioner more than once.
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      (8)
The relevant opposition leaders are the registered leaders of the registered
parties in opposition to Her Majesty’s Government in the United Kingdom
which had the highest and second highest national vote at the previous
parliamentary general election.
      (9)
In sub-paragraph (8)—
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Constitutional Reform and Governance Bill
Schedule 1 — The Civil Service Commission
Part 1 — The Commissioners
29

“registered leader”, in relation to a party, means the person registered
as that party’s leader in accordance with section 24 of the Political
Parties, Elections and Referendums Act 2000 (c. 41);
“registered party” means a party registered in a register of political
parties maintained by the Electoral Commission in accordance with
5
section 23 of that Act.
Appointment of Civil Service Commissioners
3     (1)
This paragraph is about the appointment of Civil Service Commissioners
(“Commissioners”).
      (2)
A Commissioner is appointed by Her Majesty on the recommendation of the
10
Minister for the Civil Service.
      (3)
A person’s selection for recommendation must be on merit on the basis of
fair and open competition.
      (4)
A person must not be selected without the agreement of the First
Commissioner.
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      (5)
The terms on which a Commissioner holds office are determined by the
Minister.
      (6)
The period of the appointment is to be no more than five years.
      (7)
The Minister must not make a determination under sub-paragraph (5)
without the agreement of the First Commissioner.
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      (8)
A person cannot be appointed as a Commissioner more than once.
      (9)
A person cannot be a Commissioner and the First Commissioner at the same
time.
     (10)
But, if the office of First Commissioner is vacant, the Minister may authorise
a Commissioner to carry out the functions of First Commissioner until the
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vacancy is filled.
     (11)
Sub-paragraphs (12) and (13) apply in relation to the appointment as
Commissioner of a person holding another public office (including an office
under the Crown) if the Minister and the First Commissioner are both
satisfied that the functions of the other public office are concerned with
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matters similar to matters with which the Commission’s functions are
concerned.
     (12)
The Minister and the First Commissioner may agree to disapply sub-
paragraph (3) or (6).
     (13)
The terms determined under sub-paragraph (5) may—
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(a)
provide for the person to cease to hold office as Commissioner if the
person ceases to hold the other public office;
(b)
restrict the functions that the person may carry out as Commissioner.
Payment of remuneration and allowances etc
4     (1)
The terms mentioned in paragraph 2(5) or 3(5) may provide for the
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Commission—
(a)
to pay remuneration and allowances to the person appointed;

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Schedule 1 — The Civil Service Commission
Part 2 — The Commission
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(b)
to make provision for a pension in relation to that person.
      (2)
The Commission must make the payments or provision accordingly.
Resignation or removal from office
5     (1)
This paragraph is about resignation or removal from the office of First
Commissioner or Commissioner.
5
      (2)
A person may resign from office by giving written notice to the Minister for
the Civil Service.
      (3)
Her Majesty may, on the recommendation of the Minister, remove a person
from office if a condition in sub-paragraph (4) is met.
      (4)
The conditions are that—
10
(a)
the person is absent from three successive meetings of the
Commission without the Commission’s approval;
(b)
the person is convicted of an offence (see sub-paragraph (5));
(c)
the person becomes bankrupt (see sub-paragraph (6));
(d)
the person is unfit or unable to carry out the functions of the office.
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      (5)
For the purpose of determining if a person is convicted of an offence—
(a)
it does not matter where the person is convicted;
(b)
an act punishable under the law of a territory outside the United
Kingdom constitutes an offence for the purposes of this paragraph
(however it is described in that law).
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      (6)
A person becomes bankrupt if—
(a)
in England and Wales or Northern Ireland, a bankruptcy order is
made relation to the person, or
(b)
in Scotland, the person’s estate is sequestrated.
Compensation for loss of office of First Commissioner or Commission
25
6
The Minister for the Civil Service may direct the Commission to pay
compensation if—
(a)
a person ceases to hold office as First Commissioner or
Commissioner, and
(b)
the Minister is satisfied that, because of the circumstances in which
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the person ceased to hold office, compensation should be paid to the
person.
Part 2
The Commission
Status of the Commission and its property
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7     (1)
The Commission (including its members and employees) is not to be
regarded—
(a)
as the servant or agent of the Crown, or
(b)
as enjoying any status, immunity or privilege of the Crown.

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Schedule 1 — The Civil Service Commission
Part 2 — The Commission
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      (2)
The Commission’s property is not to be regarded as property of, or held on
behalf of, the Crown.
Powers
8     (1)
The Commission may do anything calculated to facilitate, or incidental or
conducive to, the carrying out of any of its functions.
5
      (2)
But the Commission may not borrow money except with the agreement of
the Minister for the Civil Service.
      (3)
Nothing in this Schedule which specifies powers of the Commission limits
the generality of sub-paragraph (1).
Committees
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9     (1)
The Commission may establish committees.
      (2)
A committee of the Commission may establish sub-committees.
      (3)
Members of a committee or sub-committee may include persons who are not
members of the Commission.
Procedure and proceedings
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10    (1)
The Commission may regulate its own procedure, and the procedure of its
committees and sub-committees, including quorum.
      (2)
The validity of proceedings of the Commission or a committee or sub-
committee is not affected by—
(a)
a vacancy among the members, or
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(b)
a defect in the appointment of a member.
Staff
11
The Commission may employ staff.
Pensions
12    (1)
Employment by the Commission is included among the kinds of
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employment to which a scheme under section 1 of the Superannuation Act
1972 (c. 11) may apply.
      (2)
The offices of First Commissioner and Commissioner are included among
the offices to which such a scheme may apply.
      (3)
Accordingly, in Schedule 1 to the Superannuation Act 1972 (kinds of
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employment to which a scheme under section 1 of that Act may apply)—
(a)
at the end of the list of “Royal Commissions and other Commissions”
insert “Civil Service Commission”,
(b)
in the list of “Offices” insert, at the appropriate place, “Civil Service
Commissioner”, and
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(c)
in that list the reference to the First Civil Service Commissioner is to
be read as a reference to the office of the First Civil Service
Commissioner established by this Schedule.

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Part 2 — The Commission
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      (4)
The Commission must pay the Minister for the Civil Service the sums
determined by the Minister in relation to any increase attributable to this
paragraph in the sums payable out of money provided by Parliament under
the Superannuation Act 1972 (c. 11).
      (5)
The payments must be made at the times directed by the Minister.
5
Arrangements for assistance
13    (1)
The Commission may make arrangements with other persons for the
provision of assistance to the Commission.
      (2)
In particular, arrangements may be made with the Minister for the Civil
Service for civil servants to provide assistance.
10
      (3)
Arrangements may provide for the making of payments by the Commission.
Delegation
14    (1)
The Commission may delegate functions to—
(a)
any of its members;
(b)
any of its committees;
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(c)
any of its employees;
(d)
a person with whom arrangements are made under paragraph 13 or
a person (including a civil servant) assisting the Commission under
such arrangements.
      (2)
A committee may delegate functions (including functions delegated to it) to
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a sub-committee.
Financial provisions
15    (1)
The Minister for the Civil Service must pay to the Commission the sums
determined by the Minister as appropriate for, or in connection with, the
carrying out of the Commission’s functions.
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      (2)
When making a payment, the Minister may impose conditions—
(a)
about how some or all of the money is to be used;
(b)
requiring the Commission to follow specified procedures in relation
to its costs and expenditure.
      (3)
Before making a determination under sub-paragraph (1) or imposing a
30
condition under sub-paragraph (2), the Minister must consult the
Commission.
Accounts
16    (1)
The Commission must keep proper accounts and proper records in relation
to them.
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      (2)
The Commission must prepare a statement of accounts for each financial
year (see paragraph 18).
      (3)
The statement must give a true and fair view of—
(a)
the state of the Commission’s affairs at the end of the financial year,
and
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Schedule 1 — The Civil Service Commission
Part 2 — The Commission
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(b)
the Commission’s income and expenditure and cash flows in the
financial year.
      (4)
The statement must be in compliance with any directions given by the
Minister for the Civil Service with the Treasury’s approval as to—
(a)
the information to be contained in the statement,
5
(b)
the manner in which the information is to be presented, or
(c)
the methods and principles according to which the statement is to be
prepared.
      (5)
The Commission must send the statement to the Minister at such time as the
Minister may direct.
10
      (6)
The Minister must then send the statement to the Comptroller and Auditor
General.
      (7)
The Comptroller and Auditor General must—
(a)
examine, certify and report on the statement, and
(b)
lay copies of the statement and the report before Parliament (unless
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it has been arranged for the Minister to do so).
Reports
17    (1)
The Commission—
(a)
must, as soon as practicable after the end of each financial year (see
paragraph 18), prepare a report about the carrying out of its
20
functions during the year, and
(b)
may, in exceptional cases, prepare a report at any other time about
any matter relating to the carrying out of its functions.
      (2)
As soon as practicable after preparing a report under sub-paragraph (1), the
Commission must give a copy of the report to the Minister for the Civil
25
Service and to the First Ministers for Scotland and Wales.
      (3)
The Commission must then publish the report in the way the Commission
thinks appropriate.
      (4)
The Minister for the Civil Service must lay a copy of the report before
Parliament (unless it has been arranged for the Comptroller and Auditor
30
General to do so).
      (5)
The First Minister for Scotland must lay a copy of the report before the
Scottish Parliament.
      (6)
The First Minister for Wales must lay a copy of the report before the National
Assembly for Wales.
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Meaning of “financial year”
18
For the purposes of paragraphs 16 and 17, each of the following is a
“financial year”—
(a)
the period which begins when section 2 of this Act comes into force
and ends with the following 31 March;
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(b)
each successive period of 12 months.