Constitutional Reform and Governance Bill

House of Commons

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Constitutional Reform and Governance Bill

Constitutional Reform and Governance Bill
Part 9 — Courts and tribunals
35

62
Time limit for human rights actions against Welsh Ministers etc
(1)
Section 81 of the Government of Wales Act 2006 (c. 32) is amended as set out in
subsections (2) and (3).
(2)
After subsection (3) insert—
“(3A)
Subsection (1) does not enable a person to bring any proceedings in a
5
court or tribunal in respect of an act unless the proceedings are brought
before the end of—
(a)
the period of one year beginning with the date on which the act
took place, or
(b)
such longer period as the court or tribunal considers equitable
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having regard to all the circumstances,

but that is subject to any rule imposing a stricter time limit in relation
to the procedure in question.
(3B)
Subsection (3A) does not apply to—
(a)
proceedings brought on the ground that any subordinate
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legislation made, confirmed or approved by the Welsh
Ministers is incompatible with the Convention rights;
(b)
proceedings brought by a person mentioned in subsection (3).
(3C)
In subsection (3A) “rule” has the same meaning as it has in section 7(5)
of the Human Rights Act 1998.”
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(3)
In subsection (5) after “Ministers” insert “(and in subsection (3B)(a) the
reference to the Welsh Ministers is to be read accordingly)”.
(4)
Subsections (3A) to (3C) of section 81 of the Government of Wales Act 2006
apply in relation to section 107(1) of the Government of Wales Act 1998 (c. 38)
(so far as proceedings may be brought by virtue of it despite its repeal) as those
25
subsections apply in relation to section 81(1) of the 2006 Act.
(5)
This section applies to any proceedings brought after this section comes into
force (including proceedings in respect of an act taking place before this section
comes into force).
Part 9
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Courts and tribunals
63
Judicial appointments etc
Schedule 10 (which makes amendments relating to judicial appointments etc)
has effect.
64
Salary protection for members of tribunals
35
(1)
This section applies if, in accordance with the terms of a person’s appointment,
the person is to be paid a salary (as opposed to fees) under any of the following
provisions.
(2)
The provisions are—
(a)
section 5(1)(a), (b) or (c) of the Employment Tribunals Act 1996 (c. 17);
40
(b)
paragraph 10(a) of Schedule 4 to the Nationality, Immigration and
Asylum Act 2002 (c. 41);

Constitutional Reform and Governance Bill
Part 10 — National audit
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(c)
paragraph 10 of Schedule 1 to the Tribunals, Courts and Enforcement
Act 2007 (c. 15);
(d)
paragraph 5(2) of Schedule 2 to that Act;
(e)
paragraph 5(2) of Schedule 3 to that Act;
(f)
paragraph 3(2), 5(10) or 6(6) of Schedule 4 to that Act.
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(3)
The Secretary of State (with the consent of the Treasury as required) or the Lord
Chancellor (as the case may be)—
(a)
must, under the provision in question, determine the amount of the
salary to be paid to the person and pay it accordingly;
(b)
may, under the provision in question, determine increases, but not
10
reductions, in the salary.
65
Salary protection for office holders in Northern Ireland
(1)
A person’s salary determined under any of the following provisions may be
increased, but not reduced, by further determinations.
(2)
The provisions are—
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(a)
section 106(1) of the County Courts Act (Northern Ireland) 1959 (c. 25
(N.I.));
(b)
section 12(1) of the Magistrates’ Courts Act (Northern Ireland) 1964 (c.
21 (N.I.)) as it applies in relation to persons appointed under section
9(1) of that Act.
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(3)
Subsection (5) applies if, in accordance with the terms of a person’s
appointment, the person is to be paid a salary (as opposed to fees) under any
of the following provisions.
(4)
The provisions are—
(a)
section 2(1) of the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)) as
25
it applies in relation to the remuneration of coroners (but not deputy
coroners);
(b)
section 70 of the Judicature (Northern Ireland) Act 1978 (c. 23);
(c)
paragraph 2 of Schedule 4 to the Child Support Act 1991 (c. 48) as it
applies in relation to persons appointed under section 23(1) of that Act;
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(d)
paragraph 7 of Schedule 2 to the Social Security Administration
(Northern Ireland) Act 1992 (c. 8) as it applies in relation to persons
appointed under section 50(1) of that Act.
(5)
Under the provision in question the person’s salary—
(a)
must be determined and paid accordingly;
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(b)
may be increased, but not reduced, by further determinations.
Part 10
National audit
The Comptroller and Auditor General
66
The office of the Comptroller and Auditor General
40
(1)
The office of the Comptroller and Auditor General is to continue.

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Part 10 — National audit
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(2)
In Welsh the office is called Y Rheolwr ac Archwilydd Cyffredinol.
(3)
It is for Her Majesty by Letters Patent to appoint a person to the office.
(4)
Her Majesty’s power is exercisable on an address of the House of Commons.
(5)
It is for the Prime Minister to move the motion for the address.
(6)
To do so the Prime Minister must have the agreement of the person who chairs
5
the Committee of Public Accounts.
(7)
The person appointed holds the office for ten years.
(8)
The person may not be appointed again.
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Status of the Comptroller and Auditor General etc
(1)
The Comptroller and Auditor General continues by that name to be a
10
corporation sole.
(2)
The Comptroller and Auditor General continues to be an officer of the House
of Commons.

(But section 4(4) of the House of Commons (Administration) Act 1978 (c. 36)
does not apply in relation to the office of the Comptroller and Auditor
15
General.)
(3)
The person who is the Comptroller and Auditor General must not be a member
of the House of Lords.
(4)
The Comptroller and Auditor General is not to be regarded—
(a)
as the servant or agent of the Crown, or
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(b)
as enjoying any status, immunity or privilege of the Crown.
(5)
The person who is the Comptroller and Auditor General must not hold any
other office or position for which the person is appointed or recommended by
or on behalf of the Crown.
(6)
The Comptroller and Auditor General has complete discretion in the carrying
25
out of the office’s functions, including in determining whether to carry out an
examination under Part 2 of the National Audit Act 1983 (c. 44) and as to the
manner in which any such examination is carried out.
(7)
Subsection (6) is subject to any other statutory provision.
(8)
For provision that affects the carrying out of the Comptroller and Auditor
30
General’s functions, see (in particular)—
(a)
section 72 and Schedule 11, which provide for the establishment of a
body corporate called the National Audit Office and for the
Comptroller and Auditor General to be one of the body’s nine members
and its chief executive;
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(b)
section 73 and Schedule 12, which deal with the interaction between the
National Audit Office and the Comptroller and Auditor General and
which (among other things)—
(i)
require the National Audit Office and the Comptroller and
Auditor General to prepare a strategy for their functions and to
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give effect to that strategy;
(ii)
require the National Audit Office to provide resources for the
Comptroller and Auditor General’s functions;

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Part 10 — National audit
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(iii)
require the Comptroller and Auditor General to obtain the
approval of the National Audit Office before providing certain
services;
(iv)
require the National Audit Office to monitor the carrying out of
the Comptroller and Auditor General’s functions;
5
(v)
require the National Audit Office to provide advice to the
Comptroller and Auditor General and the Comptroller and
Auditor General to have regard to that advice;
(vi)
require the National Audit Office and the Comptroller and
Auditor General to prepare a code of practice dealing with their
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relationship and to comply with it;
(c)
section 75, which places requirements on the Comptroller and Auditor
General in relation to efficiency etc;
(d)
section 7A of the National Audit Act 1983 (c. 44), which requires the
Comptroller and Auditor General to have regard to certain proposals
15
made by the Committee of Public Accounts.
68
Provision of services
The Comptroller and Auditor General may provide services to any person in
any place within or outside the United Kingdom under agreements or other
arrangements entered into by the Comptroller and Auditor General.
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69
Remuneration package of the Comptroller and Auditor General
(1)
The person (“P”) who is the Comptroller and Auditor General is to receive a
remuneration package.
(2)
P’s package may include—
(a)
an annual salary, allowances, arrangements for a pension and other
25
benefits;
(b)
a formula or other mechanism for adjusting one or more elements of P’s
package from time to time.
(3)
In relation to arrangements for a pension, P’s package may provide that the
principal civil service pension scheme (as defined in section 2(10) of the
30
Superannuation Act 1972 (c. 11)) is to apply to P’s service as Comptroller and
Auditor General as if it were service in employment in the civil service of the
State (and the principal civil service pension scheme is to apply accordingly).
(4)
No element of P’s package is to be performance based.
(5)
P’s package is to be determined jointly by the Prime Minister and the person
35
who chairs the Committee of Public Accounts before the start of P’s
appointment.
(6)
Amounts required for providing P’s package are to be charged on and paid out
of the Consolidated Fund.
(7)
The Treasury may, by statutory instrument, make regulations for purposes
40
supplementary to this section so far as it relates to arrangements for pensions.
(8)
Regulations under subsection (7) may provide for a statutory provision not to
apply, or to apply with modifications, in relation to arrangements for a pension
included in a remuneration package, including, in the case of a remuneration

Constitutional Reform and Governance Bill
Part 10 — National audit
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package that makes provision within subsection (3), for the principal civil
service pension scheme to apply with modifications.
(9)
A statutory instrument containing regulations under subsection (7) is subject
to annulment in pursuance of a resolution of the House of Commons.
70
Resignation or removal of the Comptroller and Auditor General
5
(1)
The person who is the Comptroller and Auditor General may resign from
office by giving written notice to the Prime Minister.
(2)
Her Majesty may remove from office the person who is the Comptroller and
Auditor General on an address of both Houses of Parliament.
71
Employment etc of a former Comptroller and Auditor General
10
(1)
This section applies to a person (“P”) who was appointed to the office of the
Comptroller and Auditor General under this Part but who no longer holds that
office.
(2)
Before—
(a)
taking up an office or position, or
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(b)
entering into an agreement or other arrangements,

of a specified description, P must consult the specified person about the office,
position, agreement or arrangements.
(3)
“Specified” means specified from time to time by the Commission.
(4)
Subsections (5) and (6) apply for the period of two years starting with the day
20
after the day on which P ceased to be the Comptroller and Auditor General.
(5)
P must not—
(a)
hold an office or position for which P is appointed or recommended by
or on behalf of the Crown, or
(b)
be a member, director, officer or employee of a body or other person
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whose accounts are required by a statutory provision to be audited or
examined by, or to be open to the inspection of, the Comptroller and
Auditor General.
(6)
P must not, in any capacity, provide services to—
(a)
the Crown or any body or other person acting on behalf of the Crown;
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(b)
a body or other person whose accounts are required by a statutory
provision to be audited or examined by, or to be open to the inspection
of, the Comptroller and Auditor General.
(7)
But subsections (5) and (6) do not stop P from holding any of the following
offices—
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(a)
the Auditor General for Scotland;
(b)
the Auditor General for Wales;
(c)
the Comptroller and Auditor General for Northern Ireland.