House of Commons Amendments

House of Commons

Session 2009 - 10
Internet Publications
Other Bills before Parliament

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.

Notices of Amendments: 15 January 2010
287

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—

Notices of Amendments: 15 January 2010
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Constitutional Reform and Governance Bill, continued

(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
290

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.

Notices of Amendments: 15 January 2010
291

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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