Constitutional Reform and Governance Bill

House of Commons

Session 2009 - 10
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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 3 — Transitional provision relating to the Civil Service Commission
46

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

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
47

(b)
the period or periods for which the person is a member of the old
commission.
      (4)
Sub-paragraph (3)(a) and (b) does not include any period for which the
person is also Her Majesty’s Commissioner for Public Appointments.
      (5)
Sub-paragraph (3)(b) does not include any period for which the person is
5
also head of the old commission.
Audits of recruitment policies and practices
30    (1)
This paragraph applies in relation to an audit under article 4(3) of the 1995
Order or the 1991 Order that is started, but not completed, before the coming
into force of section 2 of this Act.
10
      (2)
So far as the audit is within the Commission’s function under section 14 of
this Act, the Commission may continue and complete the audit.
Requirements to publish recruitment information
31
Any requirement under article 4(4) of the 1995 Order or the 1991 Order
imposed before the coming into force of section 2 of this Act must be
15
complied with notwithstanding the revocation of the Order by Part 2 of this
Schedule.
Appeals by civil servants
32    (1)
This paragraph applies in relation to an appeal under article 4(5) of the 1995
Order or the 1991 Order that is made, but not determined, before the coming
20
into force of section 2 of this Act.
      (2)
The Commission may continue with and determine the appeal and
paragraphs (a) to (c) of article 4(5) of the 1995 Order or the 1991 Order (as the
case may be) continue to apply accordingly.
      (3)
For this purpose it does not matter if Chapter 1 of this Part of this Act does
25
not apply to the appellant or any party mentioned in article 4(5)(b) of the
1995 Order or the 1991 Order (as the case may be).
33    (1)
This paragraph applies in relation to a matter occurring before the coming
into force of section 2 of this Act which could have been made the subject of
an appeal under article 4(5) of the 1995 Order or the 1991 Order immediately
30
before the coming into force of that section.
      (2)
The Commission may hear and determine an appeal in relation to the matter
and article 4(5) of the 1995 Order or the 1991 Order (as the case may be) is to
apply accordingly.
      (3)
For this purpose it does not matter if Chapter 1 of this Part of this Act does
35
not apply to the appellant or any party mentioned in article 4(5)(b) of the
1995 Order or the 1991 Order (as the case may be).
First annual report
34    (1)
This paragraph applies to the first report that the Commission is required to
prepare under paragraph 17(1)(a) of Schedule 1 to this Act.
40

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
48

      (2)
The report must, for the relevant period, include the information required
by—
(a)
article 8(1)(a) to (c) of the 1995 Order;
(b)
article 4A(1)(a) to (c) of the 1991 Order.
      (3)
For this purpose it does not matter if any of that information relates to a part
5
of the civil service of the State to which Chapter 1 of this Part of this Act does
not apply.
      (4)
“The relevant period” means the period—
(a)
beginning with—
(i)
for the purposes of sub-paragraph (2)(a), the end of the
10
period covered by the last report published under article 8(1)
of the 1995 Order;
(ii)
for the purposes of sub-paragraph (2)(b), the end of the
period covered by the last report published under article
4A(1) of the 1991 Order;
15
(b)
ending when section 2 of this Act comes into force.
Transfer of property, rights and liabilities
35    (1)
The Minister for the Civil Service may make a scheme—
(a)
specifying property, rights and liabilities of the Crown (or held on
behalf of the Crown) that are relevant to the old commission’s
20
functions, and
(b)
transferring the specified property, rights and liabilities to the
Commission;

and the transfer has effect in accordance with the terms of the scheme.
      (2)
The scheme may operate in relation to property, rights and liabilities—
25
(a)
whether or not they would otherwise be capable of being
transferred,
(b)
without any instrument or other formality being required, and
(c)
irrespective of any kind of requirement for consent that would
otherwise apply.
30
      (3)
The scheme may include supplementary, incidental, transitional, transitory
or saving provision, including (in particular) provision—
(a)
for the continuing effect of things done by, or on behalf of or in
relation to the Crown (or a person acting on behalf of the Crown);
(b)
for the continuation of things (including legal proceedings) in the
35
process of being done by, on behalf of or in relation to the Crown (or
a person acting on behalf of the Crown);
(c)
for references to the Crown or a person who acts on behalf of the
Crown in any agreement (whether written or not) or instrument or
other document to be treated as or as including references to the
40
Commission;
(d)
for shared ownership, use or access.
Information previously held by old commission
36    (1)
The Minister for the Civil Service must make arrangements for the
Commission to be provided with any information—
45

Constitutional Reform and Governance Bill
Schedule 2 — Consequential amendments and transitional provision relating to Part 1
Part 4 — Other transitional provision
49

(a)
which was held by (or on behalf of) the old commission for the
purposes of the old commission’s functions, and
(b)
which the Commission reasonably requires for the purposes of its
functions.
      (2)
For the purposes of the Data Protection Act 1998 (c. 29) and the Freedom of
5
Information Act 2000 (c. 36), any requests made to the old commission
relating to information provided to the Commission under sub-paragraph
(1) are to be dealt with by the Commission (so far as they were not dealt with
by the old commission).
Preparatory work
10
37    (1)
During the preparatory period the old commission may carry out, in the
name and on behalf of the Commission, any functions given to the
Commission by Schedule 1 to this Act.
      (2)
“The preparatory period” is the period that—
(a)
starts when this Act is passed, and
15
(b)
ends when section 2 of this Act comes into force.
Part 4
Other transitional provision
Application of section 16(1) of the Interpretation Act 1978 (c. 30)
38    (1)
In this Part of this Schedule “old management functions” means functions
20
that cease to be exercisable on the coming into force of section 3 of this Act.
      (2)
Section 16(1) of the Interpretation Act 1978 applies in relation to an old
management function ceasing to be exercisable as if—
(a)
the function had been conferred by an Act, and
(b)
that Act were repealed by section 3 of this Act.
25
      (3)
So far as not covered by sub-paragraph (2), section 16(1) of the 1978 Act
applies in relation to the revocation of an Order in Council by Part 2 of this
Schedule as if it were the repeal of an Act.
Power to manage the civil service
39    (1)
Anything done under old management functions by—
30
(a)
a Minister of the Crown, or
(b)
any other servant of the Crown under a delegation under section 1 of
the Civil Service (Management Functions) Act 1992 (c. 61),

is treated as done under subsection (1) or (2) of section 3 of this Act (as the
case may be) so far as necessary or appropriate for continuing its effect after
35
the coming into force of section 3.
      (2)
Civil servants who, immediately before section 3 comes into force, held their
positions in the civil service under or subject to old management functions,
continue to hold their positions but under or subject to subsection (1) or (2)
of that section (as the case may be).
40
      (3)
The powers in subsections (1) and (2) of section 3 may (in particular) be used
to deal with transitional matters.

Constitutional Reform and Governance Bill
Schedule 2 — Consequential amendments and transitional provision relating to Part 1
Part 4 — Other transitional provision
50

      (4)
Section 1 of this Act applies for the purposes of this paragraph as it applies
for the purposes of Chapter 1 of this Part of this Act.
40    (1)
So far as—
(a)
an Order in Council revoked by Part 2 of this Schedule was not made
under old management functions, or
5
(b)
a relevant transferred function is not an old management function,

the subject matter of the Order or function reverts to Her Majesty and may
be dealt with (including delegated) by Her accordingly.
      (2)
Civil servants who, immediately before this paragraph comes into force,
held their positions in the civil service of the State under or subject to—
10
(a)
an Order in Council revoked by Part 2 of this Schedule so far as it was
not made under old management functions, or
(b)
a relevant transferred function so far as it is not an old management
function,

continue to hold their positions but on the basis mentioned in sub-paragraph
15
(1).
      (3)
“Relevant transferred function” means a function which—
(a)
has been delegated by Her Majesty in relation to the management of
the civil service of the State (excluding the Northern Ireland Civil
Service), and
20
(b)
has been the subject of a transfer of functions Order (as that term was
defined in section 1(5) of the Civil Service (Management Functions)
Act 1992 (c. 61) before its repeal by Part 1 of this Schedule).
Selection on merit etc
41    (1)
In determining for the purposes of section 10(1) of this Act whether or not a
25
person is a civil servant, ignore any appointment for which the person was
selected in reliance on an exception made by the old commission (within the
meaning of Part 3 of this Schedule) from a requirement for selection for the
appointment to be on merit on the basis of fair and open competition.
      (2)
But the recruitment principles (within the meaning of Chapter 1 of this Part
30
of this Act) may disapply sub-paragraph (1) in specified cases.
42
For the purpose of determining whether a selection for an appointment
complies with the requirement in section 10(2) of this Act in a case in which
the selection process began before section 10(2) comes into force, account
must be taken of anything done under or in relation to the selection process
35
before section 10(2) comes into force.
Special advisers
43    (1)
This paragraph applies to a person who, immediately before the coming into
force of this paragraph, holds a position in the civil service of the State for
which the person was selected for appointment in reliance on article 3(2), (4)
40
or (5) of the Civil Service Order in Council 1995.
      (2)
For the purposes of Chapter 1 of this Part of this Act the person is treated as
a special adviser so long as the person remains in that position on the same
terms and conditions.