Constitutional Reform and Governance Bill

House of Commons

Session 2009 - 10
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Other Bills before Parliament

Constitutional Reform and Governance Bill

Constitutional Reform and Governance Bill
Schedule 2 — Consequential amendments and transitional provision relating to Part 1
Part 1 — Consequential amendments to Acts of Parliament
58

      (2)
In subsections (2) and (3) for “Home Civil Service” (wherever appearing)
substitute “statutory home civil service”.
      (3)
After subsection (4) insert—
“(5)
“The statutory home civil service” means the civil service (excluding
Her Majesty’s diplomatic service) within the meaning of Chapter 1
5
of Part 1 of the Constitutional Reform and Governance Act 2010 (see
section 1(4) of that Act).”
Civil Service (Management Functions) Act 1992 (c. 61)
6     (1)
Amend section 1 as follows.
      (2)
For subsections (1) and (2) substitute—
10
“(1)
This section applies to the functions conferred on the Minister for the
Civil Service by section 3 of the Constitutional Reform and
Governance Act 2010 (management of the civil service, excluding the
diplomatic service).
(2)
The Minister for the Civil Service may, to such extent and subject to
15
such conditions as the Minister thinks fit, delegate a function to
which this section applies to any other servant of the Crown.”
      (3)
Omit subsection (5).
      (4)
For the italic cross-heading before section 1 substitute “Civil service (excluding
the diplomatic service)”.
20
7
In section 2(1)(a) for “Her Majesty’s Home Civil Service” substitute “the civil
service (excluding the diplomatic service) within the meaning of Chapter 1
of Part 1 of the Constitutional Reform and Governance Act 2010”.
Government of Wales Act 1998 (c. 38)
8
In paragraph 3(1) and (2) of Schedule 6 for “Her Majesty’s Home Civil
25
Service” substitute “the civil service of the State”.
Scotland Act 1998 (c. 46)
9     (1)
Amend section 51 as follows.
      (2)
In subsection (2) for “Home Civil Service” substitute “civil service of the
State”.
30
      (3)
For subsection (3) substitute—
“(3)
See Part 1 of the Constitutional Reform and Governance Act 2010 (in
particular, sections 3 and 4) for provision affecting—
(a)
subsection (1), and
(b)
any other enactment about the appointment of persons
35
mentioned in subsection (2).”
      (4)
Omit subsections (4) and (9).
Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2)
10    (1)
Amend section 24 as follows.

Constitutional Reform and Governance Bill
Schedule 2 — Consequential amendments and transitional provision relating to Part 1
Part 1 — Consequential amendments to Acts of Parliament
59

      (2)
In subsection (3)(c)(iii) for “Her Majesty’s Home Civil Service” substitute
“the statutory home civil service”.
      (3)
After subsection (7) insert—
“(8)
In this section “the statutory home civil service” means the civil
service (excluding Her Majesty’s diplomatic service) within the
5
meaning of Chapter 1 of Part 1 of the Constitutional Reform and
Governance Act 2010 (see section 1(4) of that Act).”
Regulation of Investigatory Powers Act 2000 (c. 23)
11    (1)
Amend section 81 as follows.
      (2)
In subsection (7) for “home civil service or diplomatic service” substitute
10
“statutory civil service (or any part of it)”.
      (3)
After subsection (7) insert—
“(8)
In subsection (7) “the statutory civil service” means—
(a)
the civil service within the meaning of Chapter 1 of Part 1 of
the Constitutional Reform and Governance Act 2010 (see
15
section 1(4) of that Act), but
(b)
also includes the Government Communications
Headquarters.”
Freedom of Information Act 2000 (c. 36)
12
In Part 6 of Schedule 1 for “The Civil Service Commissioners” substitute
20
“The Civil Service Commission”.
Tax Credits Act 2002 (c. 21)
13    (1)
Amend section 52 as follows.
      (2)
In subsection (7) for “Her Majesty’s Home Civil Service” substitute “the
statutory home civil service”.
25
      (3)
After subsection (7) insert—
“(8)
In subsection (7) “the statutory home civil service” means the civil
service (excluding Her Majesty’s diplomatic service) within the
meaning of Chapter 1 of Part 1 of the Constitutional Reform and
Governance Act 2010 (see section 1(4) of that Act).”
30
Extradition Act 2003 (c. 41)
14    (1)
Amend section 101 as follows.
      (2)
In subsection (5) for “home civil service or diplomatic service” substitute
“statutory civil service (or any part of it)”.
      (3)
After subsection (5) insert—
35
“(6)
In subsection (5) “the statutory civil service” means the civil service
within the meaning of Chapter 1 of Part 1 of the Constitutional
Reform and Governance Act 2010 (see section 1(4) of that Act).”

Constitutional Reform and Governance Bill
Schedule 2 — Consequential amendments and transitional provision relating to Part 1
Part 2 — Consequential amendments to other legislation
60

Government of Wales Act 2006 (c. 32)
15    (1)
Amend section 52 as follows.
      (2)
In subsections (2) and (9) for “Home Civil Service” substitute “civil service
of the State”.
      (3)
For subsection (3) substitute—
5
“(3)
See Part 1 of the Constitutional Reform and Governance Act 2010 (in
particular, sections 3 and 4) for provision affecting—
(a)
subsection (1), and
(b)
any other enactment about the appointment of persons as
members of the staff of the Welsh Assembly Government.”
10
      (4)
Omit subsections (4) and (10).
Police and Justice Act 2006 (c. 48)
16
In paragraph 7(4)(c) of Schedule 1 for “Her Majesty’s Home Civil Service”
substitute “the civil service (excluding Her Majesty’s diplomatic service)
within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and
15
Governance Act 2010 (see section 1(4) of that Act).”
Parliament (Joint Departments) Act 2007 (c. 16)
17    (1)
Amend section 3 as follows.
      (2)
In subsection (2) for “Home Civil Service” (wherever appearing) substitute
“statutory home civil service”.
20
      (3)
After subsection (3) insert—
“(4)
“The statutory home civil service” means the civil service (excluding
Her Majesty’s diplomatic service) within the meaning of Chapter 1
of Part 1 of the Constitutional Reform and Governance Act 2010 (see
section 1(4) of that Act).”
25
Crossrail Act 2008 (c. 18)
18    (1)
Amend Schedule 12 as follows.
      (2)
In paragraphs 13(3) and 16(2)(a) and (b) for “Her Majesty’s Home Civil
Service” substitute “any part of the statutory home civil service”.
      (3)
In paragraph 20(2), after the definition of “enactment”, insert—
30
“the statutory home civil service” means the civil service
(excluding Her Majesty’s diplomatic service) within the
meaning of Chapter 1 of Part 1 of the Constitutional Reform
and Governance Act 2010 (see section 1(4) of that Act);”.
Part 2
35
Consequential amendments to other legislation
Civil Service Orders in Council
19
The following are revoked—

Constitutional Reform and Governance Bill
Schedule 2 — Consequential amendments and transitional provision relating to Part 1
Part 2 — Consequential amendments to other legislation
61

(a)
the Civil Service Order in Council 1995;
(b)
the Civil Service (Amendment) Order in Council 1995;
(c)
the Civil Service (Amendment) Order in Council 1996;
(d)
the Civil Service (Amendment) Order in Council 1997;
(e)
the Civil Service (Amendment) Order in Council 1998;
5
(f)
the Civil Service (Amendment) Order in Council 1999;
(g)
the Civil Service (Amendment) Order in Council 2000;
(h)
the Civil Service (Amendment) Order in Council 2001;
(i)
the Civil Service (Amendment) Order in Council 2002;
(j)
the Civil Service (Amendment) Order in Council 2004;
10
(k)
the Civil Service (Amendment) Order in Council 2005;
(l)
the Civil Service (Amendment) Order in Council 2007;
(m)
the Civil Service (Amendment) (No. 2) Order in Council 2007;
(n)
the Civil Service (Amendment) (No. 3) Order in Council 2007;
(o)
the Civil Service (Amendment) Order in Council 2008;
15
(p)
the Civil Service (Amendment) (No. 2) Order in Council 2008.
Diplomatic Service Orders in Council
20
The following are revoked—
(a)
the Diplomatic Service Order in Council 1991;
(b)
the Diplomatic Service (Amendment) Order in Council 1994;
20
(c)
the Diplomatic Service (Amendment) (No. 2) Order in Council 1994;
(d)
the Diplomatic Service (Amendment) Order in Council 1995;
(e)
the Diplomatic Service (Amendment) Order in Council 2004;
(f)
the Diplomatic Service (Amendment) Order in Council 2009.
Servants of the Crown (Parliamentary, European Assembly and Northern Ireland Assembly
25
Candidature) Order 1987
21
This is revoked.
Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311)
22    (1)
Amend Schedule 1 as follows.
      (2)
For “Head of the Home Civil Service” (wherever appearing) substitute
30
“designated permanent secretary”.
      (3)
After paragraph 12(2)(d) insert—
“(da)
after the definition of “the Deputy Chairman” insert—
““the designated permanent secretary” means the
permanent secretary in the civil service of the State
35
designated by the Minister for the Civil Service for the
purposes of this Part;”;”.
23
In Schedules 3 and 4 for “Head of the Home Civil Service” (wherever
appearing) substitute “designated permanent secretary”.

Constitutional Reform and Governance Bill
Schedule 2 — Consequential amendments and transitional provision relating to Part 1
Part 3 — Transitional provision relating to the Civil Service Commission
62

Charities and Trustee Investment (Scotland) Act 2005 (Consequential Provisions and
Modifications) Order 2006 (S.I. 2006/242)
24
In article 2(2) for “Home Civil Service” substitute “civil service of the State”.
Part 3
Transitional provision relating to the Civil Service Commission
5
Definitions
25    (1)
This paragraph applies for the purposes of this Part of this Schedule.
      (2)
A person is a “member of the old commission” if the person is one of Her
Majesty’s Civil Service Commissioners for the purposes of the 1995 Order or
the 1991 Order.
10
      (3)
References to “the old commission” are to be read accordingly.
      (4)
A person is “head of the old commission” if the person is the First Civil
Service Commissioner in relation to the old commission.
      (5)
“Commission” has the same meaning as in Chapter 1 of this Part of this Act.
      (6)
“First Commissioner” and “Commissioner” have the same meanings as in
15
Schedule 1 to this Act.
      (7)
“The 1995 Order” and “the 1991 Order” mean, respectively, the Civil Service
Order in Council 1995 and the Diplomatic Service Order in Council 1991.
Head of the old commission to become First Commissioner
26    (1)
The person who is head of the old commission immediately before section 2
20
of this Act comes into force becomes the First Commissioner on that section
coming into force.
      (2)
Sub-paragraphs (3) and (4) below apply instead of paragraph 2(5) and (6) of
Schedule 1 to this Act.
      (3)
The person holds office as the First Commissioner for a period equal to the
25
remaining part of the period for which the person was appointed as head of
the old commission.
      (4)
The other terms on which the person holds office as the First Commissioner
are—
(a)
the same terms as those on which the person held office as head of
30
the old commission, or
(b)
if the person agrees, the terms determined by the Minister for the
Civil Service.
      (5)
If those terms provide for the payment of remuneration or allowances or
make provision for a pension, the Commission must make the payments or
35
provision accordingly.
      (6)
The person’s becoming First Commissioner as a result of this paragraph is
not an appointment for the purposes of paragraph 2(7) of Schedule 1 to this
Act.

Constitutional Reform and Governance Bill
Schedule 2 — Consequential amendments and transitional provision relating to Part 1
Part 3 — Transitional provision relating to the Civil Service Commission
63

Restriction on period of office if First Commissioner is former head of the old commission
27    (1)
This paragraph applies if the person who is the First Commissioner is a
former head of the old commission.
      (2)
The period for which the person is to hold office (apart from this sub-
paragraph) is reduced so far as necessary to ensure compliance with the five
5
year rule.
      (3)
The five year rule is that the total of the following must not exceed five
years—
(a)
the period or periods for which the person holds office as the First
Commissioner, and
10
(b)
the period or periods for which the person is head of the old
commission.
Members of the old commission to become Commissioners
28    (1)
The persons who are members of the old commission immediately before
section 2 comes into force become Commissioners on that section coming
15
into force.
      (2)
Sub-paragraph (1) does not apply to the person who is the head of the old
commission.
      (3)
Sub-paragraphs (4) and (5) below apply instead of paragraph 3(5) and (6) of
Schedule 1 to this Act.
20
      (4)
A person holds office as Commissioner for a period equal to the remaining
part of the period for which the person was appointed as a member of the
old commission.
      (5)
The other terms on which the person holds office as Commissioner are—
(a)
the same terms as those on which the person held office as a member
25
of the old commission, or
(b)
if the person agrees, the terms determined by the Minister for the
Civil Service.
      (6)
If those terms provide for the payment of remuneration or allowances or
make provision for a pension, the Commission must make the payments or
30
provision accordingly.
      (7)
The person’s becoming Commissioner as a result of this paragraph is not an
appointment for the purposes of paragraph 3(8) of Schedule 1 to this Act.
Restriction on period of office for former member of old commission
29    (1)
This paragraph applies if a person who is a Commissioner is a former
35
member of the old commission.
      (2)
The period for which the person is to hold office (apart from this sub-
paragraph) is reduced so far as necessary to ensure compliance with the five
year rule.
      (3)
The five year rule is that the total of the following must not exceed five
40
years—
(a)
the period or periods for which the person holds office as
Commissioner, and

Constitutional Reform and Governance Bill
Schedule 2 — Consequential amendments and transitional provision relating to Part 1
Part 3 — Transitional provision relating to the Civil Service Commission
64

(b)
the period or periods for which the person is a member of the old
commission.
      (4)
Sub-paragraph (3)(a) and (b) does not include any period for which the
person is also Her Majesty’s Commissioner for Public Appointments.
      (5)
Sub-paragraph (3)(b) does not include any period for which the person is
5
also head of the old commission.
Audits of recruitment policies and practices
30    (1)
This paragraph applies in relation to an audit under article 4(3) of the 1995
Order or the 1991 Order that is started, but not completed, before the coming
into force of section 2 of this Act.
10
      (2)
So far as the audit is within the Commission’s function under section 14 of
this Act, the Commission may continue and complete the audit.
Requirements to publish recruitment information
31
Any requirement under article 4(4) of the 1995 Order or the 1991 Order
imposed before the coming into force of section 2 of this Act must be
15
complied with notwithstanding the revocation of the Order by Part 2 of this
Schedule.
Appeals by civil servants
32    (1)
This paragraph applies in relation to an appeal under article 4(5) of the 1995
Order or the 1991 Order that is made, but not determined, before the coming
20
into force of section 2 of this Act.
      (2)
The Commission may continue with and determine the appeal and
paragraphs (a) to (c) of article 4(5) of the 1995 Order or the 1991 Order (as the
case may be) continue to apply accordingly.
      (3)
For this purpose it does not matter if Chapter 1 of this Part of this Act does
25
not apply to the appellant or any party mentioned in article 4(5)(b) of the
1995 Order or the 1991 Order (as the case may be).
33    (1)
This paragraph applies in relation to a matter occurring before the coming
into force of section 2 of this Act which could have been made the subject of
an appeal under article 4(5) of the 1995 Order or the 1991 Order immediately
30
before the coming into force of that section.
      (2)
The Commission may hear and determine an appeal in relation to the matter
and article 4(5) of the 1995 Order or the 1991 Order (as the case may be) is to
apply accordingly.
      (3)
For this purpose it does not matter if Chapter 1 of this Part of this Act does
35
not apply to the appellant or any party mentioned in article 4(5)(b) of the
1995 Order or the 1991 Order (as the case may be).
First annual report
34    (1)
This paragraph applies to the first report that the Commission is required to
prepare under paragraph 17(1)(a) of Schedule 1 to this Act.
40