Constitutional Reform and Governance Bill

House of Commons

Session 2008 - 09
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Constitutional Reform and Governance Bill

Constitutional Reform and Governance Bill
Schedule 2 — Consequential amendments and transitional provision relating to Part 1
Part 1 — Consequential amendments to Acts of Parliament
34

Documentary evidence
19    (1)
The application of the Commission’s seal is to be authenticated by the
signature of any of the following—
(a)
a member of the Commission;
(b)
if the Commission’s staff includes a chief executive, the chief
5
executive;
(c)
any person authorised (whether generally or specifically) for the
purpose by anyone within sub-paragraph (a) or (b).
      (2)
A document purporting to be duly executed under the Commission’s seal or
signed on its behalf—
10
(a)
is to be received in evidence, and
(b)
is to be taken to be executed or signed in that way, unless the
contrary is proved.
      (3)
This paragraph does not extend to Scotland.
Schedule 2
15
Section 19

Consequential amendments and transitional provision relating to Part 1
Part 1
Consequential amendments to Acts of Parliament
Parliamentary Commissioner Act 1967 (c. 13)
1
In Schedule 2, in the note about the Cabinet Office, omit “and Head of the
20
Home Civil Service”.
Superannuation Act 1972 (c. 11)
2
In section 2(10) for “home civil service or the diplomatic service” substitute
“civil service of the State”.
House of Commons Disqualification Act 1975 (c. 24)
25
3
In Schedule 1—
(a)
in Part 2, at the appropriate place, insert “The Civil Service
Commission”;
(b)
in Part 3 omit “Civil Service Commissioner”.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
30
4
In Part 2 of Schedule 1, at the appropriate place, insert “The Civil Service
Commission”.
House of Commons (Administration) Act 1978 (c. 36)
5     (1)
Amend section 2 as follows.

Constitutional Reform and Governance Bill
Schedule 2 — Consequential amendments and transitional provision relating to Part 1
Part 1 — Consequential amendments to Acts of Parliament
35

      (2)
In subsections (2) and (3) for “Home Civil Service” (wherever appearing)
substitute “statutory home civil service”.
      (3)
After subsection (4) insert—
“(5)
“The statutory home civil service” means the civil service (excluding
Her Majesty’s diplomatic service) within the meaning of Chapter 1
5
of Part 1 of the Constitutional Reform and Governance Act 2009 (see
section 1(4) of that Act).”
Civil Service (Management Functions) Act 1992 (c. 61)
6     (1)
Amend section 1 as follows.
      (2)
For subsections (1) and (2) substitute—
10
“(1)
This section applies to the functions conferred on the Minister for the
Civil Service by section 3 of the Constitutional Reform and
Governance Act 2009 (management of the civil service, excluding the
diplomatic service).
(2)
The Minister for the Civil Service may, to such extent and subject to
15
such conditions as the Minister thinks fit, delegate a function to
which this section applies to any other servant of the Crown.”
      (3)
Omit subsection (5).
      (4)
For the italic cross-heading before section 1 substitute “Civil service (excluding
the diplomatic service)”.
20
7
In section 2(1)(a) for “Her Majesty’s Home Civil Service” substitute “the civil
service (excluding the diplomatic service) within the meaning of Chapter 1
of Part 1 of the Constitutional Reform and Governance Act 2009”.
Government of Wales Act 1998 (c. 38)
8
In paragraph 3(1) and (2) of Schedule 6 for “Her Majesty’s Home Civil
25
Service” substitute “the civil service of the State”.
Scotland Act 1998 (c. 46)
9     (1)
Amend section 51 as follows.
      (2)
In subsection (2) for “Home Civil Service” substitute “civil service of the
State”.
30
      (3)
For subsection (3) substitute—
“(3)
See Part 1 of the Constitutional Reform and Governance Act 2009 (in
particular, sections 3 and 4) for provision affecting—
(a)
subsection (1), and
(b)
any other enactment about the appointment of persons
35
mentioned in subsection (2).”
      (4)
Omit subsections (4) and (9).
Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2)
10    (1)
Amend section 24 as follows.

Constitutional Reform and Governance Bill
Schedule 2 — Consequential amendments and transitional provision relating to Part 1
Part 1 — Consequential amendments to Acts of Parliament
36

      (2)
In subsection (3)(c)(iii) for “Her Majesty’s Home Civil Service” substitute
“the statutory home civil service”.
      (3)
After subsection (7) insert—
“(8)
In this section “the statutory home civil service” means the civil
service (excluding Her Majesty’s diplomatic service) within the
5
meaning of Chapter 1 of Part 1 of the Constitutional Reform and
Governance Act 2009 (see section 1(4) of that Act).”
Regulation of Investigatory Powers Act 2000 (c. 23)
11    (1)
Amend section 81 as follows.
      (2)
In subsection (7) for “home civil service or diplomatic service” substitute
10
“statutory civil service (or any part of it)”.
      (3)
After subsection (7) insert—
“(8)
In subsection (7) “the statutory civil service” means—
(a)
the civil service within the meaning of Chapter 1 of Part 1 of
the Constitutional Reform and Governance Act 2009 (see
15
section 1(4) of that Act), but
(b)
also includes the Government Communications
Headquarters.”
Freedom of Information Act 2000 (c. 36)
12
In Part 6 of Schedule 1 for “The Civil Service Commissioners” substitute
20
“The Civil Service Commission”.
Tax Credits Act 2002 (c. 21)
13    (1)
Amend section 52 as follows.
      (2)
In subsection (7) for “Her Majesty’s Home Civil Service” substitute “the
statutory home civil service”.
25
      (3)
After subsection (7) insert—
“(8)
In subsection (7) “the statutory home civil service” means the civil
service (excluding Her Majesty’s diplomatic service) within the
meaning of Chapter 1 of Part 1 of the Constitutional Reform and
Governance Act 2009 (see section 1(4) of that Act).”
30
Extradition Act 2003 (c. 41)
14    (1)
Amend section 101 as follows.
      (2)
In subsection (5) for “home civil service or diplomatic service” substitute
“statutory civil service (or any part of it)”.
      (3)
After subsection (5) insert—
35
“(6)
In subsection (5) “the statutory civil service” means the civil service
within the meaning of Chapter 1 of Part 1 of the Constitutional
Reform and Governance Act 2009 (see section 1(4) of that Act).”

Constitutional Reform and Governance Bill
Schedule 2 — Consequential amendments and transitional provision relating to Part 1
Part 2 — Consequential amendments to other legislation
37

Government of Wales Act 2006 (c. 32)
15    (1)
Amend section 52 as follows.
      (2)
In subsections (2) and (9) for “Home Civil Service” substitute “civil service
of the State”.
      (3)
For subsection (3) substitute—
5
“(3)
See Part 1 of the Constitutional Reform and Governance Act 2009 (in
particular, sections 3 and 4) for provision affecting—
(a)
subsection (1), and
(b)
any other enactment about the appointment of persons as
members of the staff of the Welsh Assembly Government.”
10
      (4)
Omit subsections (4) and (10).
Police and Justice Act 2006 (c. 48)
16
In paragraph 7(4)(c) of Schedule 1 for “Her Majesty’s Home Civil Service”
substitute “the civil service (excluding Her Majesty’s diplomatic service)
within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and
15
Governance Act 2009 (see section 1(4) of that Act).”
Parliament (Joint Departments) Act 2007 (c. 16)
17    (1)
Amend section 3 as follows.
      (2)
In subsection (2) for “Home Civil Service” (wherever appearing) substitute
“statutory home civil service”.
20
      (3)
After subsection (3) insert—
“(4)
“The statutory home civil service” means the civil service (excluding
Her Majesty’s diplomatic service) within the meaning of Chapter 1
of Part 1 of the Constitutional Reform and Governance Act 2009 (see
section 1(4) of that Act).”
25
Crossrail Act 2008 (c. 18)
18    (1)
Amend Schedule 12 as follows.
      (2)
In paragraphs 13(3) and 16(2)(a) and (b) for “Her Majesty’s Home Civil
Service” substitute “any part of the statutory home civil service”.
      (3)
In paragraph 20(2), after the definition of “enactment”, insert—
30
“the statutory home civil service” means the civil service
(excluding Her Majesty’s diplomatic service) within the
meaning of Chapter 1 of Part 1 of the Constitutional Reform
and Governance Act 2009 (see section 1(4) of that Act);”.
Part 2
35
Consequential amendments to other legislation
Civil Service Orders in Council
19
The following are revoked—

Constitutional Reform and Governance Bill
Schedule 2 — Consequential amendments and transitional provision relating to Part 1
Part 2 — Consequential amendments to other legislation
38

(a)
the Civil Service Order in Council 1995;
(b)
the Civil Service (Amendment) Order in Council 1995;
(c)
the Civil Service (Amendment) Order in Council 1996;
(d)
the Civil Service (Amendment) Order in Council 1997;
(e)
the Civil Service (Amendment) Order in Council 1998;
5
(f)
the Civil Service (Amendment) Order in Council 1999;
(g)
the Civil Service (Amendment) Order in Council 2000;
(h)
the Civil Service (Amendment) Order in Council 2001;
(i)
the Civil Service (Amendment) Order in Council 2002;
(j)
the Civil Service (Amendment) Order in Council 2004;
10
(k)
the Civil Service (Amendment) Order in Council 2005;
(l)
the Civil Service (Amendment) Order in Council 2007;
(m)
the Civil Service (Amendment) (No. 2) Order in Council 2007;
(n)
the Civil Service (Amendment) (No. 3) Order in Council 2007;
(o)
the Civil Service (Amendment) Order in Council 2008;
15
(p)
the Civil Service (Amendment) (No. 2) Order in Council 2008.
Diplomatic Service Orders in Council
20
The following are revoked—
(a)
the Diplomatic Service Order in Council 1991;
(b)
the Diplomatic Service (Amendment) Order in Council 1994;
20
(c)
the Diplomatic Service (Amendment) (No. 2) Order in Council 1994;
(d)
the Diplomatic Service (Amendment) Order in Council 1995;
(e)
the Diplomatic Service (Amendment) Order in Council 2004;
(f)
the Diplomatic Service (Amendment) Order in Council 2009.
Servants of the Crown (Parliamentary, European Assembly and Northern Ireland Assembly
25
Candidature) Order 1987
21
This is revoked.
Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311)
22    (1)
Amend Schedule 1 as follows.
      (2)
For “Head of the Home Civil Service” (wherever appearing) substitute
30
“designated permanent secretary”.
      (3)
After paragraph 12(2)(d) insert—
“(da)
after the definition of “the Deputy Chairman” insert—
““the designated permanent secretary” means the
permanent secretary in the civil service of the State
35
designated by the Minister for the Civil Service for the
purposes of this Part;”;”.
23
In Schedules 3 and 4 for “Head of the Home Civil Service” (wherever
appearing) substitute “designated permanent secretary”.

Constitutional Reform and Governance Bill
Schedule 2 — Consequential amendments and transitional provision relating to Part 1
Part 3 — Transitional provision relating to the Civil Service Commission
39

Charities and Trustee Investment (Scotland) Act 2005 (Consequential Provisions and
Modifications) Order 2006 (S.I. 2006/242)
24
In article 2(2) for “Home Civil Service” substitute “civil service of the State”.
Part 3
Transitional provision relating to the Civil Service Commission
5
Definitions
25    (1)
This paragraph applies for the purposes of this Part of this Schedule.
      (2)
A person is a “member of the old commission” if the person is one of Her
Majesty’s Civil Service Commissioners for the purposes of the 1995 Order or
the 1991 Order.
10
      (3)
References to “the old commission” are to be read accordingly.
      (4)
A person is “head of the old commission” if the person is the First Civil
Service Commissioner in relation to the old commission.
      (5)
“Commission” has the same meaning as in Chapter 1 of this Part of this Act.
      (6)
“First Commissioner” and “Commissioner” have the same meanings as in
15
Schedule 1 to this Act.
      (7)
“The 1995 Order” and “the 1991 Order” mean, respectively, the Civil Service
Order in Council 1995 and the Diplomatic Service Order in Council 1991.
Head of the old commission to become First Commissioner
26    (1)
The person who is head of the old commission immediately before section 2
20
of this Act comes into force becomes the First Commissioner on that section
coming into force.
      (2)
Sub-paragraphs (3) and (4) below apply instead of paragraph 2(5) and (6) of
Schedule 1 to this Act.
      (3)
The person holds office as the First Commissioner for a period equal to the
25
remaining part of the period for which the person was appointed as head of
the old commission.
      (4)
The other terms on which the person holds office as the First Commissioner
are—
(a)
the same terms as those on which the person held office as head of
30
the old commission, or
(b)
if the person agrees, the terms determined by the Minister for the
Civil Service.
      (5)
If those terms provide for the payment of remuneration or allowances or
make provision for a pension, the Commission must make the payments or
35
provision accordingly.
      (6)
The person’s becoming First Commissioner as a result of this paragraph is
not an appointment for the purposes of paragraph 2(7) of Schedule 1 to this
Act.

Constitutional Reform and Governance Bill
Schedule 2 — Consequential amendments and transitional provision relating to Part 1
Part 3 — Transitional provision relating to the Civil Service Commission
40

Restriction on period of office if First Commissioner is former head of the old commission
27    (1)
This paragraph applies if the person who is the First Commissioner is a
former head of the old commission.
      (2)
The period for which the person is to hold office (apart from this sub-
paragraph) is reduced so far as necessary to ensure compliance with the five
5
year rule.
      (3)
The five year rule is that the total of the following must not exceed five
years—
(a)
the period or periods for which the person holds office as the First
Commissioner, and
10
(b)
the period or periods for which the person is head of the old
commission.
Members of the old commission to become Commissioners
28    (1)
The persons who are members of the old commission immediately before
section 2 comes into force become Commissioners on that section coming
15
into force.
      (2)
Sub-paragraph (1) does not apply to the person who is the head of the old
commission.
      (3)
Sub-paragraphs (4) and (5) below apply instead of paragraph 3(5) and (6) of
Schedule 1 to this Act.
20
      (4)
A person holds office as Commissioner for a period equal to the remaining
part of the period for which the person was appointed as a member of the
old commission.
      (5)
The other terms on which the person holds office as Commissioner are—
(a)
the same terms as those on which the person held office as a member
25
of the old commission, or
(b)
if the person agrees, the terms determined by the Minister for the
Civil Service.
      (6)
If those terms provide for the payment of remuneration or allowances or
make provision for a pension, the Commission must make the payments or
30
provision accordingly.
      (7)
The person’s becoming Commissioner as a result of this paragraph is not an
appointment for the purposes of paragraph 3(8) of Schedule 1 to this Act.
Restriction on period of office for former member of old commission
29    (1)
This paragraph applies if a person who is a Commissioner is a former
35
member of the old commission.
      (2)
The period for which the person is to hold office (apart from this sub-
paragraph) is reduced so far as necessary to ensure compliance with the five
year rule.
      (3)
The five year rule is that the total of the following must not exceed five
40
years—
(a)
the period or periods for which the person holds office as
Commissioner, and