Constitutional Reform and Governance Bill

House of Commons

Session 2009 - 10
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Constitutional Reform and Governance Bill

Constitutional Reform and Governance Bill
Schedule 1 — The Civil Service Commission
Part 1 — The Commissioners
51

Schedules
Schedule 1
Section 2

The Civil Service Commission
Part 1
The Commissioners
5
Membership of the Commission
1     (1)
The Commission is to consist of at least seven members.
      (2)
One of those is to be the First Civil Service Commissioner appointed under
paragraph 2.
      (3)
The others are to be Civil Service Commissioners appointed under
10
paragraph 3.
Appointment of First Civil Service Commissioner
2     (1)
This paragraph is about the appointment of the First Civil Service
Commissioner (“First Commissioner”).
      (2)
The First Commissioner is appointed by Her Majesty on the
15
recommendation of the Minister for the Civil Service.
      (3)
A person’s selection for recommendation must be on merit on the basis of
fair and open competition.
      (4)
Before selecting a person, the Minister must consult—
(a)
the First Ministers for Scotland and Wales, and
20
(b)
the relevant opposition leaders (see sub-paragraph (8)).
      (5)
The terms on which the First Commissioner holds office are determined by
the Minister for the Civil Service.
      (6)
The period of the appointment is to be no more than five years.
      (7)
A person cannot be appointed as First Commissioner more than once.
25
      (8)
The relevant opposition leaders are the registered leaders of the registered
parties in opposition to Her Majesty’s Government in the United Kingdom
which had the highest and second highest national vote at the previous
parliamentary general election.
      (9)
In sub-paragraph (8)—
30

Constitutional Reform and Governance Bill
Schedule 1 — The Civil Service Commission
Part 1 — The Commissioners
52

“registered leader”, in relation to a party, means the person registered
as that party’s leader in accordance with section 24 of the Political
Parties, Elections and Referendums Act 2000 (c. 41);
“registered party” means a party registered in a register of political
parties maintained by the Electoral Commission in accordance with
5
section 23 of that Act.
Appointment of Civil Service Commissioners
3     (1)
This paragraph is about the appointment of Civil Service Commissioners
(“Commissioners”).
      (2)
A Commissioner is appointed by Her Majesty on the recommendation of the
10
Minister for the Civil Service.
      (3)
A person’s selection for recommendation must be on merit on the basis of
fair and open competition.
      (4)
A person must not be selected without the agreement of the First
Commissioner.
15
      (5)
The terms on which a Commissioner holds office are determined by the
Minister.
      (6)
The period of the appointment is to be no more than five years.
      (7)
The Minister must not make a determination under sub-paragraph (5)
without the agreement of the First Commissioner.
20
      (8)
A person cannot be appointed as a Commissioner more than once.
      (9)
A person cannot be a Commissioner and the First Commissioner at the same
time.
     (10)
But, if the office of First Commissioner is vacant, the Minister may authorise
a Commissioner to carry out the functions of First Commissioner until the
25
vacancy is filled.
     (11)
Sub-paragraphs (12) and (13) apply in relation to the appointment as
Commissioner of a person holding another public office (including an office
under the Crown) if the Minister and the First Commissioner are both
satisfied that the functions of the other public office are concerned with
30
matters similar to matters with which the Commission’s functions are
concerned.
     (12)
The Minister and the First Commissioner may agree to disapply sub-
paragraph (3) or (6).
     (13)
The terms determined under sub-paragraph (5) may—
35
(a)
provide for the person to cease to hold office as Commissioner if the
person ceases to hold the other public office;
(b)
restrict the functions that the person may carry out as Commissioner.
Payment of remuneration and allowances etc
4     (1)
The terms mentioned in paragraph 2(5) or 3(5) may provide for the
40
Commission—
(a)
to pay remuneration and allowances to the person appointed;

Constitutional Reform and Governance Bill
Schedule 1 — The Civil Service Commission
Part 2 — The Commission
53

(b)
to make provision for a pension in relation to that person.
      (2)
The Commission must make the payments or provision accordingly.
Resignation or removal from office
5     (1)
This paragraph is about resignation or removal from the office of First
Commissioner or Commissioner.
5
      (2)
A person may resign from office by giving written notice to the Minister for
the Civil Service.
      (3)
Her Majesty may, on the recommendation of the Minister, remove a person
from office if a condition in sub-paragraph (4) is met.
      (4)
The conditions are that—
10
(a)
the person is absent from three successive meetings of the
Commission without the Commission’s approval;
(b)
the person is convicted of an offence (see sub-paragraph (5));
(c)
the person becomes bankrupt (see sub-paragraph (6));
(d)
the person is unfit or unable to carry out the functions of the office.
15
      (5)
For the purpose of determining if a person is convicted of an offence—
(a)
it does not matter where the person is convicted;
(b)
an act punishable under the law of a territory outside the United
Kingdom constitutes an offence for the purposes of this paragraph
(however it is described in that law).
20
      (6)
A person becomes bankrupt if—
(a)
in England and Wales or Northern Ireland, a bankruptcy order is
made in relation to the person, or
(b)
in Scotland, the person’s estate is sequestrated.
Compensation for loss of office of First Commissioner or Commission
25
6
The Minister for the Civil Service may direct the Commission to pay
compensation if—
(a)
a person ceases to hold office as First Commissioner or
Commissioner, and
(b)
the Minister is satisfied that, because of the circumstances in which
30
the person ceased to hold office, compensation should be paid to the
person.
Part 2
The Commission
Status of the Commission and its property
35
7     (1)
The Commission (including its members and employees) is not to be
regarded—
(a)
as the servant or agent of the Crown, or
(b)
as enjoying any status, immunity or privilege of the Crown.

Constitutional Reform and Governance Bill
Schedule 1 — The Civil Service Commission
Part 2 — The Commission
54

      (2)
The Commission’s property is not to be regarded as property of, or held on
behalf of, the Crown.
Powers
8     (1)
The Commission may do anything calculated to facilitate, or incidental or
conducive to, the carrying out of any of its functions.
5
      (2)
But the Commission may not borrow money except with the agreement of
the Minister for the Civil Service.
      (3)
Nothing in this Schedule which specifies powers of the Commission limits
the generality of sub-paragraph (1).
Committees
10
9     (1)
The Commission may establish committees.
      (2)
A committee of the Commission may establish sub-committees.
      (3)
Members of a committee or sub-committee may include persons who are not
members of the Commission.
Procedure and proceedings
15
10    (1)
The Commission may regulate its own procedure, and the procedure of its
committees and sub-committees, including quorum.
      (2)
The validity of proceedings of the Commission or a committee or sub-
committee is not affected by—
(a)
a vacancy among the members, or
20
(b)
a defect in the appointment of a member.
Staff
11
The Commission may employ staff.
Pensions
12    (1)
Employment by the Commission is included among the kinds of
25
employment to which a scheme under section 1 of the Superannuation Act
1972 (c. 11) may apply.
      (2)
The offices of First Commissioner and Commissioner are included among
the offices to which such a scheme may apply.
      (3)
Accordingly, in Schedule 1 to the Superannuation Act 1972 (kinds of
30
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 “Civil Service Commission”,
(b)
in the list of “Offices” insert, at the appropriate place, “Civil Service
Commissioner”, and
35
(c)
in that list the reference to the First Civil Service Commissioner is to
be read as a reference to the office of the First Civil Service
Commissioner established by this Schedule.

Constitutional Reform and Governance Bill
Schedule 1 — The Civil Service Commission
Part 2 — The Commission
55

      (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.
5
Arrangements for assistance
13    (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.
10
      (3)
Arrangements may provide for the making of payments by the Commission.
Delegation
14    (1)
The Commission may delegate functions to—
(a)
any of its members;
(b)
any of its committees;
15
(c)
any of its employees;
(d)
a person with whom arrangements are made under paragraph 13 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
20
a sub-committee.
Financial provisions
15    (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.
25
      (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
30
condition under sub-paragraph (2), the Minister must consult the
Commission.
Accounts
16    (1)
The Commission must keep proper accounts and proper records in relation
to them.
35
      (2)
The Commission must prepare a statement of accounts for each financial
year (see paragraph 18).
      (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
40

Constitutional Reform and Governance Bill
Schedule 1 — The Civil Service Commission
Part 2 — The Commission
56

(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,
5
(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.
10
      (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
15
it has been arranged for the Minister to do so).
Reports
17    (1)
The Commission—
(a)
must, as soon as practicable after the end of each financial year (see
paragraph 18), prepare a report about the carrying out of its
20
functions during the year, and
(b)
may, in exceptional cases, 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
25
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
30
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.
35
Meaning of “financial year”
18
For the purposes of paragraphs 16 and 17, each of the following is a
“financial year”—
(a)
the period which begins when section 2 of this Act comes into force
and ends with the following 31 March;
40
(b)
each successive period of 12 months.

Constitutional Reform and Governance Bill
Schedule 2 — Consequential amendments and transitional provision relating to Part 1
Part 1 — Consequential amendments to Acts of Parliament
57

Documentary evidence
19    (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
5
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—
10
(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.
Schedule 2
15
Section 19

Consequential amendments and transitional provision relating to Part 1
Part 1
Consequential amendments to Acts of Parliament
Parliamentary Commissioner Act 1967 (c. 13)
1
In Schedule 2, in the note about the Cabinet Office, omit “and Head of the
20
Home Civil Service”.
Superannuation Act 1972 (c. 11)
2
In section 2(10) for “home civil service or the diplomatic service” substitute
“civil service of the State”.
House of Commons Disqualification Act 1975 (c. 24)
25
3
In Schedule 1—
(a)
in Part 2, at the appropriate place, insert “The Civil Service
Commission”;
(b)
in Part 3 omit “Civil Service Commissioner”.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
30
4
In Part 2 of Schedule 1, at the appropriate place, insert “The Civil Service
Commission”.
House of Commons (Administration) Act 1978 (c. 36)
5     (1)
Amend section 2 as follows.