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Index to Constitutional Reform And Governance Bill


 
INTRODUCTION

OVERVIEW OF THE BILL

Part 1: The Civil Service

Part 2: Ratification of Treaties

Part 3: The House of Lords

Part 4: Public Order

Part 5: Time Limits for Human Rights Actions Against Devolved Administrations

Part 6: Courts and Tribunals

Part 7: National Audit

Part 8: Transparency of Government Financial Reporting to Parliament

BACKGROUND

Part 1 Background - The Civil Service

Part 2 Background - Ratification of Treaties

Part 3 Background - The House of Lords

Part 4 Background - Public Order

Part 5 Background - Time Limits for Human Rights Actions Against Devolved Administrations

Part 6 Background - Courts and Tribunals

Part 7 Background - National Audit

Part 8 Background - Transparency of Government financial reporting to Parliament

TERRITORIAL EXTENT

COMMENTARY ON CLAUSES

Clause 1: Application of Chapter

Clause 2: Establishment of the Civil Service Commission

Clause 3: Management of the Civil Service

Clause 4: Other statutory management powers

Clause 5: Civil service code

Clause 6: Diplomatic service code

Clause 7: Minimum requirements for Civil Service and diplomatic service codes

Clause 8: Special advisers code

Clause 9: Conduct that conflicts with a code of conduct: complaints by civil servants

Clause 10: Selections for appointments to the Civil Service

Clause 12: Approvals for selections and exceptions

Clause 13: Complaints about competitions

Clause 14: Monitoring by the Commission

Clause 15: Definition of “special adviser”

Clause 16: Annual reports about special advisers

Clause 17: Arrangements for Civil Service Commission to carry out additional functions

CHAPTER 2

SCHEDULE 1 - CIVIL SERVICE COMMISSION

Part 1: The Commissioners

Part 2: The Commission

SCHEDULE 2

Part 2: Consequential Amendments to other Legislation

Part 3: Transitional Provision Relating to the old Commission

Part 4: Transitional Provision Relating to the Management of the Civil Service

PART 2: RATIFICATION OF TREATIES

Clause 22: Extension of 21 sitting day period

Clause 23: Section 21 not to apply in exceptional cases

Clause 24: Section 21 not to apply to certain descriptions of treaties

Clause 24: Meaning of “treaty” and “ratification”

Clause 27: Removal of members of the House of Lords etc

Clause 28: Expulsion and suspension of members of the House of Lords

Clause 29: Resignation from House of Lords

Clause 30: Disclaimer of peerage

Clause 31: Supplementary provision

SCHEDULE 3: CONDITIONS FOR REMOVAL OF MEMBERS OF THE HOUSE OF LORDS ETC

Condition 1: serious criminal offence

Condition 2: bankruptcy restrictions orders etc

Part 2: Supplementary provision for section 2(2)

Supplementary provision relating to life peers

Part 3: Reversal of effect of Section 27(2)

Convictions outside the United Kingdom

PART 4: PUBLIC ORDER

SCHEDULE 4: AMENDMENT TO PART 2 OF THE PUBLIC ORDER ACT 1986 ETC

Section 14ZA: Access to and from the Palace of Westminster

Section 14ZB: The area around Parliament

Section 14ZC: Special provision if a House meeting outside Palace of Westminster

PART 5: HUMAN RIGHTS ACTIONS AGAINST DEVOLVED ADMINISTRATIONS

Clause 34: Time limit for human rights actions against Welsh Ministers etc

PART 6: COURTS AND TRIBUNALS

Clause 36: Salary protection for members of tribunals

SCHEDULE 5: JUDICIAL APPOINTMENTS ETC

Paragraphs 2, 3, 4 and 9: Amendments to Part 3 of the Constitutional Reform Act 2005 - Sections 26, 29, 60 and Schedule 8

Paragraphs 5 and 6: Amendments to Chapter 2 of Part 4 of the Constitutional Reform Act 2005 - Sections 96 and 97

Paragraph 8: Amendment to Part 7 of the Constitutional Reform Act 2005 - Section 139

Paragraphs 7 and 10: Amendment to Chapter 3 of Part 4 of, and Part 2 of Schedule 14 to, the Constitutional Reform Act 2005

PART 7: NATIONAL AUDIT

Clause 38: Status of the Comptroller and Auditor General etc

Clause 39: Provision of services

Clause 40: Remuneration package of the Comptroller and Auditor General

Clause 41: Resignation or removal of the Comptroller and Auditor General

Clause 42: Employment etc of a former Comptroller and Auditor General

Clause 44: Interaction between NAO and the Comptroller and Auditor General

Clause 45: NAO’s expenditure

Clause 46: Efficiency etc

Clause 47: Indemnification

Clause 48: Definitions

Clause 49: Transitional provision and consequential amendments

Clause 50: Power to make Companies Act companies subject to audit of Comptroller and Auditor General

SCHEDULE 6: THE NATIONAL AUDIT OFFICE

Part 1: Membership and status

Part 2: Non-executive members

Part 3: Chief Executive

Part 4: Employee members

Part 5: Employees

Part 6: Procedural rules

Part 7: Other matters

SCHEDULE 7: INTERACTION BETWEEN NAO AND THE COMPTROLLER & AUDITOR GENERAL

Strategy

NAO to provide resources for the Comptroller and Auditor General’s functions

Provision of certain services by the Comptroller and Auditor General to require NAO’s approval

NAO to monitor and provide advice

Delegation of the Comptroller and Auditor General’s functions

Vacancy in office of the Comptroller and Auditor General or incapacity of Comptroller and Auditor General

Audit fees etc

Reports

Code of practice

SCHEDULE 8: TRANSITIONAL PROVISION

Transfer of property etc

Tax consequences of transfers by virtue of paragraph 1(3)

Old Comptroller and Auditor General to continue to be Comptroller and Auditor General

Provision of services

Indemnification

Corporate manslaughter

NAO’s procedural rules before rules made under paragraph 18 of Schedule 6

SCHEDULE 9: CONSEQUENTIAL AMENDMENTS

Exchequer and Audit Departments Act 1866

Exchequer and Audit Departments Act 1957

Public Records Act 1958

Superannuation Act 1972

House of Commons Disqualification Act 1975

Northern Ireland Assembly Disqualification Act 1975

Parliamentary and other Pensions and Salaries Act 1976

Race Relations Act 1976

Interpretation Act 1978

National Audit Act 1983

Finance Act 1989

Social Security Administration Act 1992

Taxation of Chargeable Gains Act 1992

National Lottery etc. Act 1993

Government of Wales Act 1998

Government Resources and Accounts Act 2000

Freedom of Information Act 2000

Constitutional Reform Act 2005

Companies Act 2006

Corporate Manslaughter and Homicide Act 2007

Court Funds Rules 1987 (S.I. 1987/821)

Official Secrets Act 1989 (Prescription) Order 1990 (S.I. 1990/200)

Race Relations (Prescribed Public Bodies) (No. 2) Regulations 1994 (S.I. 1994/1986)

Public Interest Disclosure (Prescribed Persons) Order 1999 (S.I. 1999/1549)

Greater London Authority (Disqualification) Order 2000 (S.I. 2000/432)

Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 (S.I. 2001/2188)

Race Relations Act 1976 (Statutory Duties) Order 2001 (S.I. 2001/3458)

Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005 (S.I.2005/2966)

Public Contracts Regulations 2006 (S.I. 2006/5)

Sex Discrimination Act 1975 (Public Authorities) (Statutory Duties) Order 2006 (S.I. 2006/2930)

Child Support Information Regulations 2008 (S.I. 2008/2551)

PART 8: TRANSPARENCY OF GOVERNMENT FINANCIAL REPORTING TO PARLIAMENT

Clause 51: Inclusion in departmental estimates of resources used by designated bodies

PART 9: FINAL PROVISIONS

Clause 54: Financial provision

Clause 55: Power to make consequential provision

Clause 56: Extent, commencement, transitional provision and short title

FINANCIAL EFFECTS

PUBLIC SERVICE MANPOWER

EUROPEAN CONVENTION ON HUMAN RIGHTS

Part 1 - The Civil Service

Part 3 - The House of Lords

Part 4 - Public Order

Part 5 - Human rights claims against devolved administrations

Part 6 - Courts and tribunals

Part 7 - National audit

 
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Prepared: 20 July 2009