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Index to Constitutional Reform And Governance Bill

INTRODUCTION OVERVIEW OF THE BILL Bill 4—EN                                              54/5 SUMMARY Part 1: The Civil Service etc 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 etc 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 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 9: Conduct that conflicts with a code of conduct: complaints by civil servants Clause 10: Selections for appointments to the Civil Service Clause 11: Recruitment principles 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 - CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISION RELATING TO PART 1 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 25: Extension of 21 sitting day period Clause 26: Section 24 not to apply in exceptional cases Clause 27: Section 24 not to apply to certain descriptions of treaties Clause 28: Meaning of “treaty” and “ratification” Clause 30: Removal of members of the House of Lords etc Clause 32: Resignation from House of Lords Clause 33: Disclaimer of peerage Clause 34: Supplementary provision SCHEDULE 4: 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 30(2) Supplementary provision relating to life peers Part 3: Reversal of effect of section 30(2) Convictions outside the United Kingdom PART 4: PUBLIC ORDER SCHEDULE 5: 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 Clause 36: Time limit for human rights actions against Scottish Ministers etc Clause 38: Time limit for human rights actions against Welsh Ministers etc PART 6: COURTS AND TRIBUNALS Clause 40: Salary protection for members of tribunals Clause 41: Salary protection for office holders in Northern Ireland SCHEDULE 6: 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 43: Status of the Comptroller and Auditor General etc Clause 44: Provision of services Clause 45: Remuneration package of the Comptroller and Auditor General Clause 46: Resignation or removal of the Comptroller and Auditor General Clause 47: Employment etc of a former Comptroller and Auditor General Clause 49: Interaction between NAO and the Comptroller and Auditor General Clause 50: NAO’s expenditure Clause 51: Efficiency etc Clause 52: Indemnification Clause 53: Definitions Clause 54: Transitional provision and consequential amendments Clause 55: Power to make Companies Act companies subject to audit of Comptroller and Auditor General SCHEDULE 7: 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 8: 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 9: 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 NAO’s procedural rules before rules made under paragraph 18 of Schedule 7 SCHEDULE 10: 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 Corporate 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 59: Meaning of “Minister of the Crown” Clause 60: Financial provision Clause 61: Power to make consequential provision Clause 62: Extent, commencement, transitional provision and short title FINANCIAL EFFECTS PUBLIC SERVICE MANPOWER EUROPEAN CONVENTION ON HUMAN RIGHTS Part 1 - The Civil Service etc 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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