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| | ‘(1) | There is to be a body corporate called the House of Lords Appointments |
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| | Commission (“the Commission”). |
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| | (2) | The Commission shall make recommendations to the Crown for the creation of |
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| | (3) | No recommendations for the creation of life peerages shall be made other than by |
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| | (4) | All recommendations shall be presented to the Crown by the Prime Minister. |
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| | (5) | Schedule [The House of Lords Appointments Commission] has effect.’. |
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| To move the following Clause:— |
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| | ‘(1) | Proposals for new peers may be made to the Commission by— |
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| | (a) | any individual other than those listed in paragraphs (b) and (c) in respect |
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| | of non-party members (“non-party nominees”); |
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| | (b) | the leader of any registered political party (“party nominees”); and |
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| | (c) | the Prime Minister acting as Prime Minister and not as the leader of a |
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| | registered political party (“prime ministerial nominees”). |
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| | (2) | Prime ministerial nominees may include (but not be limited to) persons |
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| | nominated in order to take up post as a Minister of the Crown.’. |
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| | Nominees to meet specific criteria |
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| To move the following Clause:— |
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| | ‘(1) | Any recommendation made by the Commission for the conferment of a peerage |
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| | shall comply with the criteria specified in this section. |
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| | (2) | The sole criteria for recommendation for a peerage as a party or prime ministerial |
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| | nominee shall be propriety. |
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| | (3) | The principal criteria for recommendation for a peerage as a non-party nominee |
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| | (c) | independence from any registered political party; and |
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| | (d) | a willingness and capacity to make a contribution to the work of the |
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| | (4) | For the purpose of subsection (3), a person shall be deemed to be independent of |
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| | any registered political party if in the two years prior to his nomination for a |
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| | (a) | was not a member of a registered political party; |
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| | (b) | had not given public support, by way of public speaking or appearance, |
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| | to a registered political party; and |
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| | (c) | had not made a financial donation to any registered political party. |
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| | (5) | The Commission may propose additional criteria for non-party nominees as it |
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| | (6) | In proposing additional criteria the Commission shall have regard to the diversity |
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| | of the United Kingdom population. |
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| | (7) | The criteria proposed by the Commission under subsection (3) shall be laid before |
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| | both Houses of Parliament as an Order by a Minister of the Crown and subject to |
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| | annulment in pursuance of a resolution of either House of Parliament. |
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| | (8) | The criteria shall not be varied other than on a proposal made by the Commission |
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| | and subject to the procedure specified in subsection (7). |
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| | (9) | The Commission may make such enquiry as it considers appropriate to ensure |
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| | that any person proposed for a peerage fulfils the criteria and it shall be a duty on |
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| | public bodies to co-operate with any such inquiry.’. |
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| | Criteria to be taken account of in making recommendations |
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| To move the following Clause:— |
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| | ‘(1) | At least once in each calendar year the Commission must publish, with reasons, |
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| | its recommendations for the creation of new peers under section [Proposals for |
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| | new peers] (1)(a) and (b), or a recommendation that no such creation should be |
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| | (2) | In determining how many new peerages to recommend, the Commission shall |
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| | have regard to the following— |
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| | (a) | the existing size and composition of the House of Lords; and |
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| | (b) | in relation to party nominees, the number of seats in the House of |
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| | Commons held by members of the party on whose behalf the nomination |
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| | is being made and the number of other such nominations made on behalf |
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| | (3) | For the purpose of determining its recommendations under subsection (1), the |
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| | Commission may consult such persons or bodies as it deems appropriate.’. |
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| To move the following Clause:— |
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| | ‘(1) | The Commission must issue guidelines setting out how it will interpret and apply |
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| | the criteria established under sections [Nominees to meet specific criteria] and |
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| | [Criteria to be taken account of in making recommendations]. |
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| | (2) | The guidelines issued under subsection (1) shall be laid before both Houses of |
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| | Parliament as an Order by a Minister of the Crown and subject to annulment in |
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| | pursuance of a resolution of either House of Parliament. |
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| | (3) | The guidelines, one approved, shall be publicised by the Commission in such |
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| | manner as it deems appropriate. |
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| | (4) | The guidelines shall not be varied other than by the procedure specified in |
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| | Certificate to be conclusive |
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| To move the following Clause:— |
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| | ‘Where the Commission certifies that a person recommended for a peerage meets |
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| | the published criteria, its certificate shall be conclusive.’. |
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| | Party leaders to furnish information to Commission |
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| To move the following Clause:— |
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| | ‘(1) | Where names are submitted to the Commission by a leader of a registered |
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| | political party under section [Proposal for new peers](1)(b), the leader shall |
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| | inform the Commission of the procedure and criteria adopted by the party for the |
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| | purposes of selecting the name for submission. |
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| | (2) | Leaders of registered political parties, submitting names to the Commission shall |
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| | supply such other information as may be requested by the Commission.’. |
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| To move the following Clause:— |
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| | ‘In this Chapter and Schedule [House of Lords Appointments Commission], |
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| | “registered leader”, in relation to a party, means the person registered as that |
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| | party’s leader in accordance with section 24 of the Political Parties, Elections and |
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| | Referendums Act 2000 (c. 41); and
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| | “registered party” means a party registered in a register of political parties |
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| | maintained by the Electoral Commission in accordance with section 23 of that |
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| New Schedule relating to part 3 |
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| To move the following Schedule:— |
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| | ‘House of Lords Appointments Commission |
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| | Membership of the Commission |
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| | 1 (1) | The Commission shall consist of seven members, including the Chairman. |
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| | (2) | Members of the Commission, including the Chairman, shall serve for a non- |
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| | renewable term of five years. |
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| | (3) | Members of the Commission, including the Chairman, may be removed by the |
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| | Crown on an address by both Houses of Parliament. |
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| | (4) | Members of the Commission, including the Chairman, may resign. |
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| | (5) | If a member of the Commission resigns or otherwise ceases to be a member of |
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| | the Commission before the expiring of their term the member appointed to |
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| | replace the former member shall serve for the remainder of the term of that |
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| | former member and may be re-appointed for one further term. |
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| | (6) | The terms on which the Chairman of the Commission or a member of the |
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| | Commission holds office are to be determined by the Minister for the Civil |
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| | Appointment of the Chairman of the Commission |
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| | 2 (1) | The Chairman of the Commission shall be appointed by Her Majesty on the |
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| | recommendation of the Prime Minister. |
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| | (2) | A person’s selection for recommendation under sub-paragraph (1) must be on |
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| | merit on the basis of fair and open competition. |
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| | (3) | A person recommended under sub-paragraph (1) shall be independent of any |
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| | (4) | No-one shall be nominated under sub-paragraph (1) if at any time in the |
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| | (a) | has been a member of a registered political party; |
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| | (b) | has given public support, by way of public speaking or appearance, to |
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| | a registered political party; or |
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| | (c) | has made a financial donation to any registered political party. |
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| | (5) | Before recommending a person the Prime Minister must seek the agreement of |
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| | the relevant party leaders. |
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| | (6) | A relevant leader of a political party is the registered leader of a registered |
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| | political party which had the highest, second highest or third highest national |
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| | vote at the previous parliamentary general election. |
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| | Appointment of non-party members of the Commission |
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| | 3 (1) | Three members of the Commission shall be appointed by Her Majesty on the |
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| | recommendation of the Prime Minister. |
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| | (2) | A person’s selection for recommendation under sub-paragraph (1) must be on |
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| | merit on the basis of fair and open competition. |
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| | (3) | Members recommended under sub-paragraph (1) shall be independent of any |
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| | (4) | No-on shall be recommended under sub-paragraph (1) if at any time in the |
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| | (a) | has been a member of a registered political party; |
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| | (b) | has given public support, by way of public speaking or appearance, to |
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| | a registered political party; or |
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| | (c) | has made a financial donation to any registered political party. |
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| | Appointment of party members of the Commission |
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| | 4 (1) | Three members of the Commission shall be appointed by Her Majesty on the |
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| | recommendation of the relevant leaders of political parties. |
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| | (2) | A relevant leader of a political party is the registered leader of a registered |
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| | political party which had the highest, second highest or third highest national |
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| | vote at the previous parliamentary general election. |
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| | (3) | Each relevant leader may only recommend one person for nomination to Her |
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| | (4) | No-one shall be recommended under sub-paragraph (3) who is a Minister of |
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| | the Crown or holder of a national office in any registered political party. |
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| | Payment of remuneration and allowances etc. |
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| | 5 (1) | The terms mentioned in paragraph 1(6) may provide for the Commission— |
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| | (a) | to pay remuneration and allowances to the person appointed; |
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| | (b) | to make provision for a pension in relation to that person. |
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| | (2) | The Commission must make the payments or provision accordingly. |
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| | Resignation or removal from office |
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| | 6 (1) | This paragraph is about resignation or removal from office of the Chairman or |
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| | a member of the Commission. |
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| | (2) | A person may resign from office by giving written notice to the Minister for |
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| | (3) | Her Majesty may, on the recommendation of the Minister, remove a person |
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| | from office if a condition in sub-paragraph (4) is met. |
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| | (4) | The conditions are that— |
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| | (a) | the person is absent from three successive meetings of the |
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| | Commission without the Commission’s approval; |
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| | (b) | the person is convicted of an offence (see sub-paragraph (5)); |
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| | (c) | the person becomes bankrupt (see sub-paragraph (6)); |
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| | (d) | the person is unfit or unable to carry out the functions of the office. |
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| | (5) | For the purposes of determining if a person is convicted of an offence— |
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| | (a) | it does not matter where the person is convicted; |
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| | (b) | an act punishable under the law of a territory outside the United |
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| | Kingdom constitutes an offence for the purposes of this paragraph |
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| | (however it is described in that law). |
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| | (6) | A person becomes bankrupt if— |
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| | (a) | in England and Wales or Northern Ireland, a bankruptcy order is made |
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| | in relation to the person, or |
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| | (b) | in Scotland, the person’s estate is sequestrated. |
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| | Compensation for loss of office of First Commissioner or Commission |
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| | 7 (1) | The Minister for the Civil Service may direct the Commission to pay |
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| | (a) | a person ceases to hold office as First Commissioner or |
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| | (b) | the Minister is satisfied that, because of the circumstances in which the |
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| | person ceased to hold office, compensation should be paid to the |
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| | Status of the Commission and its property |
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| | 8 (1) | The Commission (including its members and employees) is not to be |
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| | (a) | as the servant or agent of the Crown, |
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| | (b) | or as enjoying any status, immunity or privilege of the Crown. |
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| | (2) | The Commission’s property is not to be regarded as property of, or held on |
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| | 9 (1) | The Commission may do anything calculated to facilitate, or be incidental or |
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| | conducive to, the carrying out of any of its functions. |
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| | (2) | But the Commission may not borrow money except with the agreement of the |
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| | Minister for the Civil Service. |
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| | (3) | Nothing in this Schedule which specifies powers of the Commission limits the |
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| | generality of sub-paragraph (1). |
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| | 10 (1) | The Commission may establish committees. |
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| | (2) | A committee of the Commission may establish sub-committees. |
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| | (3) | Members of a committee or sub-committee may include persons who are not |
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| | members of the Commission. |
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| | Procedure and proceedings |
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| | 11 (1) | The Commission may regulate its own procedure, and the procedure of its |
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| | committees and sub-committees, including quorum. |
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| | (2) | The validity of proceedings of the Commission or a committee or sub- |
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| | committee is not affected by— |
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| | (a) | a vacancy among the members, or |
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| | (b) | a defect in the appointment of a member. |
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| | 12 | The Commission may employ staff. |
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