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 3 — Transitional provision relating to the Civil Service Commission
65

      (2)
The report must, for the relevant period, include the information required
by—
(a)
article 8(1)(a) to (c) of the 1995 Order;
(b)
article 4A(1)(a) to (c) of the 1991 Order.
      (3)
For this purpose it does not matter if any of that information relates to a part
5
of the civil service of the State to which Chapter 1 of this Part of this Act does
not apply.
      (4)
“The relevant period” means the period—
(a)
beginning with—
(i)
for the purposes of sub-paragraph (2)(a), the end of the
10
period covered by the last report published under article 8(1)
of the 1995 Order;
(ii)
for the purposes of sub-paragraph (2)(b), the end of the
period covered by the last report published under article
4A(1) of the 1991 Order;
15
(b)
ending when section 2 of this Act comes into force.
Transfer of property, rights and liabilities
35    (1)
The Minister for the Civil Service may make a scheme—
(a)
specifying property, rights and liabilities of the Crown (or held on
behalf of the Crown) that are relevant to the old commission’s
20
functions, and
(b)
transferring the specified property, rights and liabilities to the
Commission;

and the transfer has effect in accordance with the terms of the scheme.
      (2)
The scheme may operate in relation to property, rights and liabilities—
25
(a)
whether or not they would otherwise be capable of being
transferred,
(b)
without any instrument or other formality being required, and
(c)
irrespective of any kind of requirement for consent that would
otherwise apply.
30
      (3)
The scheme may include supplementary, incidental, transitional, transitory
or saving provision, including (in particular) provision—
(a)
for the continuing effect of things done by, or on behalf of or in
relation to the Crown (or a person acting on behalf of the Crown);
(b)
for the continuation of things (including legal proceedings) in the
35
process of being done by, on behalf of or in relation to the Crown (or
a person acting on behalf of the Crown);
(c)
for references to the Crown or a person who acts on behalf of the
Crown in any agreement (whether written or not) or instrument or
other document to be treated as or as including references to the
40
Commission;
(d)
for shared ownership, use or access.
Information previously held by old commission
36    (1)
The Minister for the Civil Service must make arrangements for the
Commission to be provided with any information—
45

Constitutional Reform and Governance Bill
Schedule 2 — Consequential amendments and transitional provision relating to Part 1
Part 4 — Other transitional provision
66

(a)
which was held by (or on behalf of) the old commission for the
purposes of the old commission’s functions, and
(b)
which the Commission reasonably requires for the purposes of its
functions.
      (2)
For the purposes of the Data Protection Act 1998 (c. 29) and the Freedom of
5
Information Act 2000 (c. 36), any requests made to the old commission
relating to information provided to the Commission under sub-paragraph
(1) are to be dealt with by the Commission (so far as they were not dealt with
by the old commission).
Preparatory work
10
37    (1)
During the preparatory period the old commission may carry out, in the
name and on behalf of the Commission, any functions given to the
Commission by Schedule 1 to this Act.
      (2)
“The preparatory period” is the period that—
(a)
starts when this Act is passed, and
15
(b)
ends when section 2 of this Act comes into force.
Part 4
Other transitional provision
Application of section 16(1) of the Interpretation Act 1978 (c. 30)
38    (1)
In this Part of this Schedule “old management functions” means functions
20
that cease to be exercisable on the coming into force of section 3 of this Act.
      (2)
Section 16(1) of the Interpretation Act 1978 applies in relation to an old
management function ceasing to be exercisable as if—
(a)
the function had been conferred by an Act, and
(b)
that Act were repealed by section 3 of this Act.
25
      (3)
So far as not covered by sub-paragraph (2), section 16(1) of the 1978 Act
applies in relation to the revocation of an Order in Council by Part 2 of this
Schedule as if it were the repeal of an Act.
Power to manage the civil service
39    (1)
Anything done under old management functions by—
30
(a)
a Minister of the Crown, or
(b)
any other servant of the Crown under a delegation under section 1 of
the Civil Service (Management Functions) Act 1992 (c. 61),

is treated as done under subsection (1) or (2) of section 3 of this Act (as the
case may be) so far as necessary or appropriate for continuing its effect after
35
the coming into force of section 3.
      (2)
Civil servants who, immediately before section 3 comes into force, held their
positions in the civil service under or subject to old management functions,
continue to hold their positions but under or subject to subsection (1) or (2)
of that section (as the case may be).
40
      (3)
The powers in subsections (1) and (2) of section 3 may (in particular) be used
to deal with transitional matters.

Constitutional Reform and Governance Bill
Schedule 2 — Consequential amendments and transitional provision relating to Part 1
Part 4 — Other transitional provision
67

      (4)
Section 1 of this Act applies for the purposes of this paragraph as it applies
for the purposes of Chapter 1 of this Part of this Act.
40    (1)
So far as—
(a)
an Order in Council revoked by Part 2 of this Schedule was not made
under old management functions, or
5
(b)
a relevant transferred function is not an old management function,

the subject matter of the Order or function reverts to Her Majesty and may
be dealt with (including delegated) by Her accordingly.
      (2)
Civil servants who, immediately before this paragraph comes into force,
held their positions in the civil service of the State under or subject to—
10
(a)
an Order in Council revoked by Part 2 of this Schedule so far as it was
not made under old management functions, or
(b)
a relevant transferred function so far as it is not an old management
function,

continue to hold their positions but on the basis mentioned in sub-paragraph
15
(1).
      (3)
“Relevant transferred function” means a function which—
(a)
has been delegated by Her Majesty in relation to the management of
the civil service of the State (excluding the Northern Ireland Civil
Service), and
20
(b)
has been the subject of a transfer of functions Order (as that term was
defined in section 1(5) of the Civil Service (Management Functions)
Act 1992 (c. 61) before its repeal by Part 1 of this Schedule).
Selection on merit etc
41    (1)
In determining for the purposes of section 10(1) of this Act whether or not a
25
person is a civil servant, ignore any appointment for which the person was
selected in reliance on an exception made by the old commission (within the
meaning of Part 3 of this Schedule) from a requirement for selection for the
appointment to be on merit on the basis of fair and open competition.
      (2)
But the recruitment principles (within the meaning of Chapter 1 of this Part
30
of this Act) may disapply sub-paragraph (1) in specified cases.
42
For the purpose of determining whether a selection for an appointment
complies with the requirement in section 10(2) of this Act in a case in which
the selection process began before section 10(2) comes into force, account
must be taken of anything done under or in relation to the selection process
35
before section 10(2) comes into force.
Special advisers
43    (1)
This paragraph applies to a person who, immediately before the coming into
force of this paragraph, holds a position in the civil service of the State for
which the person was selected for appointment in reliance on article 3(2), (4)
40
or (5) of the Civil Service Order in Council 1995.
      (2)
For the purposes of Chapter 1 of this Part of this Act the person is treated as
a special adviser so long as the person remains in that position on the same
terms and conditions.

Constitutional Reform and Governance Bill
Schedule 4 — Parliamentary Standards Act 2009: substituted Schedule 2
68

Schedule 3
Section 23

Crown employment: repeals and revocations

Title and reference
Extent of repeal or revocation

Aliens Restriction
Section 6.

(Amendment) Act 1919 (c. 92)

5

Aliens’ Employment Act 1955
The whole Act.

(4 & 5 Eliz. 2 c. 18)

European Communities
The whole Order.

(Employment in the Civil

Service) Order 1991 (S.I.

10

1991/1221)

European Communities
The whole Order.

(Employment in the Civil

Service) Order 2007 (S.I.

2007/617)

15
Schedule 4
Section 36

Parliamentary Standards Act 2009: substituted Schedule 2
“Schedule 2
Section 3

Compliance Officer
Appointment of Compliance Officer
20
1     (1)
The Compliance Officer is to be appointed by the IPSA.
      (2)
The person to be appointed must be selected by the IPSA on merit on the
basis of fair and open competition.
Terms and conditions: general
2     (1)
Subject to the provisions of this Schedule, the Compliance Officer holds
25
office in accordance with the terms and conditions of the Compliance
Officer’s appointment.
      (2)
Those terms and conditions are to be determined by the IPSA.
Term of office
3     (1)
The Compliance Officer is to be appointed for a fixed term not exceeding five
30
years.
      (2)
A person who has been appointed as the Compliance Officer may not be
appointed again.

Constitutional Reform and Governance Bill
Schedule 4 — Parliamentary Standards Act 2009: substituted Schedule 2
69

Resignation and removal from office
4     (1)
A person may resign from the office of Compliance Officer by giving written
notice to the IPSA.
      (2)
The IPSA may remove a person from the office of Compliance Officer if the
person—
5
(a)
is convicted of an offence (see sub-paragraph (3)),
(b)
becomes bankrupt (see sub-paragraph (4)), or
(c)
is unfit or unable to carry out the functions of the office.
      (3)
For the purposes of determining if the person is convicted of an offence—
(a)
it does not matter where the person is convicted, and
10
(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).
      (4)
A person becomes bankrupt if—
(a)
in England and Wales or Northern Ireland, a bankruptcy order is
15
made in relation to the person, or
(b)
in Scotland, the person’s estate is sequestrated.
Remuneration
5     (1)
The terms and conditions on which a person is appointed as the Compliance
Officer may provide for the IPSA—
20
(a)
to pay remuneration and allowances to the person;
(b)
to make provision for a pension in relation to that person.
      (2)
The IPSA must make the payment or provision accordingly.
Status
6     (1)
The Compliance Officer is not to be regarded—
25
(a)
as the servant or agent of the Crown, or
(b)
as enjoying any status, immunity or privilege of the Crown.
      (2)
The Compliance Officer’s property is not to be regarded as property of, or
property held on behalf of, the Crown.
Funding
30
7     (1)
The IPSA must provide the Compliance Officer with adequate resources for
the Compliance Officer’s functions.
      (2)
In particular, the IPSA is responsible for providing staff to assist in the
carrying out of those functions.
Annual report
35
8     (1)
As soon as practicable after the end of each financial year, the Compliance
Officer must—
(a)
prepare a report about the performance of the Compliance Officer’s
functions during that financial year, and
(b)
send the report to the IPSA.
40

Constitutional Reform and Governance Bill
Schedule 4 — Parliamentary Standards Act 2009: substituted Schedule 2
70

      (2)
The IPSA must send the report to the Speaker of the House of Commons,
who must lay it before each House of Parliament.
      (3)
When the Speaker lays the report, the Compliance Officer must publish it in
such manner as the Compliance Officer considers appropriate.
      (4)
“Financial year” means—
5
(a)
the period beginning with the day on which a Compliance Officer is
first appointed and ending with the next following 31 March, and
(b)
each successive period of 12 months.
Vacancy in office of Compliance Officer
9     (1)
This paragraph applies if the office of Compliance Officer is vacant.
10
      (2)
The IPSA may authorise a member of the IPSA’s staff provided under
paragraph 7(2) to carry out the functions of the Compliance Officer during
the vacancy.
      (3)
In relation to a vacancy of more than six months, the functions of the
Compliance Officer may not be carried out by virtue of sub-paragraph (2)
15
after the first six months.
Disqualification
10    (1)
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(other disqualifying offices) at the appropriate place insert—
“Compliance Officer for the Independent Parliamentary
20
Standards Authority.”
      (2)
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (other disqualifying offices) at the appropriate place insert—
“Compliance Officer for the Independent Parliamentary
Standards Authority.”
25
Freedom of information
11
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
bodies and offices which are public authorities) at the appropriate place
insert—
“Compliance Officer for the Independent Parliamentary
30
Standards Authority.”
Public records
12
In Schedule 1 to the Public Records Act 1958 (definition of public records) at
the appropriate place in Part 2 of the Table at the end of paragraph 3 insert—
“Compliance Officer for the Independent Parliamentary
35
Standards Authority.””