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Notices of Amendments: 15 January 2010                  

286

 

Constitutional Reform and Governance Bill, continued

 
 

Pensions

 

13  (1)  

Employment by the Commission is included among the kinds of employment

 

to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) may

 

apply.

 

      (2)  

The offices of Chairman of the Commission and member of the Commission

 

are included among the offices to which such a scheme may apply.

 

      (3)  

Accordingly, in Schedule 1 to the Superannuation Act 1972 (kinds of

 

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 “House of Lords Appointments Commission”,

 

(b)    

in the list of “Offices” insert, at the appropriate place, “House of Lords

 

Appointments Commission”.

 

      (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.

 

Arrangements for assistance

 

14  (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.

 

      (3)  

Arrangements may provide for the making of payments by the Commission.

 

Delegation

 

15  (1)  

The Commission may delegate functions to—

 

(a)    

any of its members;

 

(b)    

any of its committees;

 

(c)    

any of its employees;

 

(d)    

a person with whom arrangements are made under paragraph 14 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 a

 

sub-committee.

 

Financial provisions

 

16  (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.

 

      (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

 

condition under sub-paragraph (2), the Minister must consult the Commission.


 
 

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Constitutional Reform and Governance Bill, continued

 
 

Accounts

 

17  (1)  

The Commission must keep proper accounts and proper records in relation to

 

them.

 

      (2)  

The Commission must prepare a statement of accounts for each financial year

 

(see paragraph 19).

 

      (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

 

(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,

 

(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.

 

      (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 it

 

has been arranged for the Minister to do so).

 

Reports

 

18  (1)  

The Commission—

 

(a)    

must, as soon as practicable after the end of each financial year (see

 

paragraph 19), prepare a report about the carrying out of its functions

 

during the year, and

 

(b)    

may 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 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

 

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.

 

Meaning of “financial year”

 

19         

For the purposes of paragraphs 17 and 18, each of the following is a “financial

 

year”—

 

(a)    

the period which begins when this Schedule comes into force and ends

 

with the following 31 March;


 
 

Notices of Amendments: 15 January 2010                  

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Constitutional Reform and Governance Bill, continued

 
 

(b)    

each successive period of 12 months.

 

Documentary evidence

 

20  (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

 

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—

 

(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.’.

 


 

Remaining New Clauses

 

Mental Health Act 1983

 

Mr Mark Harper

 

Lynne Jones

 

David Taylor

 

Mr Dai Davies

 

Sandra Gidley

 

Mr Charles Walker

 

NC1

 

To move the following Clause:—

 

‘(1)    

The Mental Health Act 1983 is amended as follows.

 

(2)    

Subsections (2) to (7) of section 141 are deleted.’.

 


 

Ban on Attorney General directions in individual cases

 

David Howarth

 

Mr David Heath

 

Lynne Featherstone

 

NC2

 

To move the following Clause:—

 

‘(1)    

The Attorney General’s function of superintendence of the Directors does not

 

include power to give a direction in relation to an individual case.

 

(2)    

In this section and in section [Protocol for running of prosecution services] “the

 

Directors” means—


 
 

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(a)    

the Director of Public Prosecutions;

 

(b)    

the Director of the Serious Fraud Office;

 

(c)    

the Director of Revenue and Customs Prosecutions.’.

 


 

Protocol for running of prosecution services

 

David Howarth

 

Mr David Heath

 

Lynne Featherstone

 

NC3

 

To move the following Clause:—

 

‘(1)    

The Attorney General must, in consultation with the Directors, prepare a

 

statement (a “protocol”) of how the Attorney General and the Directors are to

 

exercise their functions in relation to each other.

 

(2)    

The protocol may in particular includes provisions as to—

 

(a)    

the general responsibilities of the Attorney General and each of the

 

Directors;

 

(b)    

the arrangements for ensuring that the Attorney General is properly

 

advised on matters relating to the strategic direction of the prosecution

 

services and on matters affecting more than one prosecution service;

 

(c)    

the circumstances in which the Attorney General is to be consulted or

 

provided with information;

 

(d)    

the objectives of the prosecution services;

 

(e)    

the way in which the objectives are set and the means by which their

 

achievement or otherwise is reviewed;

 

(f)    

the roles of the Attorney General and the Directors in relation to criminal

 

justice policy;

 

(g)    

the way in which matters relating to the accountability of the Attorney

 

General to Parliament for the prosecution services are to be handled;

 

(h)    

the roles of the Attorney General and the Directors in relation to dealings

 

with representatives of the press and other media;

 

(i)    

procedures for dealing with complaints relating to the prosecution

 

services.

 

(3)    

The Attorney General must lay the protocol before Parliament.

 

(4)    

The protocol shall come into force when a resolution approving it has been passed

 

by each House of Parliament.

 

(5)    

The Attorney General must from time to time review the protocol and may, in

 

consultation with the Directors, revise it.

 

(6)    

If the protocol is revised, the procedure in (3) and (4) above applies.

 

(7)    

The Attorney General and the Directors must have regard to any relevant

 

provisions of the protocol when carrying out their functions.

 

(8)    

“The prosecution services” means the Crown Prosecution Service, the Serious

 

Fraud Office and the Revenue and Customs Prosecutions Office.’.

 



 
 

Notices of Amendments: 15 January 2010                  

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Constitutional Reform and Governance Bill, continued

 
 

Director of Public Prosecutions

 

David Howarth

 

Mr David Heath

 

Lynne Featherstone

 

NC4

 

To move the following Clause:—

 

‘(1)    

The Director of Public Prosecutions—

 

(a)    

is appointed by the Attorney General, and

 

(b)    

subject to what follows, holds office in accordance with the terms of the

 

appointment.

 

(2)    

The Director must have a 10 year general qualification, within the meaning of

 

section 71 of the Courts and Legal Services Act 1990 (c. 41).

 

(3)    

Service as the Director is service in the civil service of the State.

 

(4)    

There is to be paid to the Director such remuneration as the Attorney General

 

may, with the approval of the Minister for the Civil Service, determine.

 

(5)    

Any appointment under subsection (1) must be for a term of five years.

 

(6)    

The Director may at any time resign by notice in writing to the Attorney General.

 

(7)    

The Attorney General may remove the Director from office only if satisfied that

 

the Director is unable, unfit or unwilling to carry out the functions of the office.

 

(8)    

The factors which the Attorney General may take into account in determining

 

whether the Director is unfit to carry out the functions of the office include in

 

particular—

 

(a)    

failure by the Director to comply with section [Protocol for running of

 

prosecution services] (7) (duty to have regard to relevant provisions of

 

protocol), and

 

(b)    

failure by the Director to perform the functions of the office efficiently

 

and effectively.’.

 


 

Director of the Serious Fraud Office

 

David Howarth

 

Mr David Heath

 

Lynne Featherstone

 

NC5

 

To move the following Clause:—

 

‘(1)    

The Director of the Serious Fraud Office—

 

(a)    

is appointed by the Attorney General, and

 

(b)    

subject to what follows, holds office in accordance with the terms of the

 

appointment.

 

(2)    

Service as the Director is service in the civil service of the State.

 

(3)    

There is to be paid to the Director such remuneration as the Attorney General

 

may, with the approval of the Minister for the Civil Service, determine.

 

(4)    

Any appointment under subsection (1) must be for a term of five years.

 

(5)    

The Director may at any time resign by notice in writing to the Attorney General.

 

(6)    

The Attorney General may remove the Director from office only if satisfied that

 

the Director is unable, unfit or unwilling to carry out the functions of the office.


 
 

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Constitutional Reform and Governance Bill, continued

 
 

(7)    

The factors which the Attorney General may take into account in determining

 

whether the Director is unfit to carry out the functions of the office include in

 

particular—

 

(a)    

failure by the Director to comply with section [Protocol for running of

 

prosecution services] (7) (duty to have regard to relevant provisions of

 

protocol), and

 

(b)    

failure by the Director to perform the functions of the office efficiently

 

and effectively.’.

 


 

Director of Revenue and Customs Prosecutions

 

David Howarth

 

Mr David Heath

 

Lynne Featherstone

 

NC6

 

To move the following Clause:—

 

‘(1)    

The Director of Revenue and Customs Prosecutions—

 

(a)    

is appointed by the Attorney General, and

 

(b)    

subject to what follows, holds office in accordance with the terms of the

 

appointment.

 

(2)    

The Director must have a 10 year general qualification, within the meaning of

 

section 71 of the Courts and Legal Services Act 1990 (c. 41).

 

(3)    

Service as the Director is service in the civil service of the State.

 

(4)    

There is to be paid to the Director such remuneration as the Attorney General

 

may, with the approval of the Minister for the Civil Service, determine.

 

(5)    

Any appointment under subsection (1) must be for a term of five years.

 

(6)    

The Director may at any time resign by notice in writing to the Attorney General.

 

(7)    

The Attorney General may remove the Director from office only if satisfied that

 

the Director is unable, unfit or unwilling to carry out the functions of the office.

 

(8)    

The factors which the Attorney General may take into account in determining

 

whether the Director is unfit to carry out the functions of the office include, in

 

particular—

 

(a)    

failure by the Director to comply with section [Protocol for running of

 

prosecution services] (7) (duty to have regard to relevant provisions of

 

protocol), and

 

(b)    

failure by the Director to perform the functions of the office efficiently

 

and effectively.’.

 



 
 

Notices of Amendments: 15 January 2010                  

292

 

Constitutional Reform and Governance Bill, continued

 
 

Ending of prosecution consent functions of Attorney

 

David Howarth

 

Mr David Heath

 

Lynne Featherstone

 

NC7

 

To move the following Clause:—

 

‘(1)    

All provisions under any enactment that give the Attorney General a prosecution

 

consent function shall be read as giving that prosecution consent function

 

insetead to the Director of Public Prosecutions.

 

(2)    

For the purposes of this section the Attorney General has a prosecution consent

 

function under an enactment if under that enactment—

 

(a)    

proceedings for an offence may not be instituted except by, or with the

 

consent of, the Attorney General (or by, or with the consent of, the

 

Attorney General or one or more other persons), or

 

(b)    

the Attorney General (or the Attorney General or one or more other

 

persons) has a function of giving a consent to the taking of any other step

 

in connection with proceedings for an offence.

 

(3)    

In subsection (1) and sections 12 and 13, “offence” includes a service offence as

 

defined by section 50 of the Armed Forces Act 2006 (c. 52) (and the reference in

 

section 13(4) to a court includes a reference to a service court within the meaning

 

of section 324(4) of the 2006 Act).’.

 


 

Abolition of nolle prosequi

 

David Howarth

 

Mr David Heath

 

Lynne Featherstone

 

NC8

 

To move the following Clause:—

 

‘The power of the Attorney General to enter a nolle prosequi is abolished in

 

relation to proceedings in England and Wales.’.

 


 

Factors to be taken into account when determining whether a body is a public authority

 

Mr Andrew Dismore

 

NC12

 

To move the following Clause:—

 

‘For the purposes of subsection (3)(b) of section 6 of the Human Rights Act 1998

 

(c. 42) (acts of public authorities), the factors which must be taken into account

 

in determining whether a function is a function carried out by a public authority

 

include—

 

(a)    

the extent to which the state has assumed responsibility for the function

 

in question;


 
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