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| | Page 5, line 32 [Clause 8], at end insert— |
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| | | ‘(9) | A code published under this section must contain provision preventing a special |
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| | | (a) | authorising the expenditure of any public funds; |
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| | | (b) | exercising any power given by or under an Act of Parliament or an Act |
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| | | of the Scottish Parliament; and |
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| | | (c) | exercising any management function in relation to the civil service.’. |
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| | Page 6, line 32 [Clause 10], at end insert— |
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| | | ‘(6) | Provision within subsection (3)(a) applies only to a selection if— |
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| | | (a) | the Secretary of State has informed the Commission of his intention to |
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| | | (b) | there would be no more than three people in post who were selected in |
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| | | reliance on subsection (3)(a), were the person to be appointed.’. |
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| | Page 8, line 34 [Clause 15], at end insert— |
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| | | ‘(e) | those terms and conditions prohibit P from undertaking restricted |
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| | Page 9, line 3 [Clause 15], at end insert— |
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| | | ‘(d) | those terms and conditions prohibit P from undertaking restricted |
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| | Page 9, line 16 [Clause 15], at end insert— |
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| | | ‘(d) | those terms and conditions prohibit P from undertaking restricted |
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| | Page 9, line 23 [Clause 15], at end insert— |
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| | | ‘(3) | The following are restricted duties— |
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| | | (a) | authorising the expenditure of public funds; |
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| | | (b) | exercising any power given by or under an Act of Parliament or an Act |
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| | | of the Scottish Parliament; |
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| | | (c) | exercising any function relating to the appraisal, reward, promotion or |
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| | | disciplining of civil servants in any part of the Civil Service (including a |
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| | | part of the Civil Service to which this Act does not apply).’. |
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| | Page 12, line 35 [Clause 22], leave out subsection (12) and insert— |
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| | | ‘( ) | Section 75(5) of the Race Relations Act 1976 (c. 74) and Article 71(5) of the Race |
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| | | Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6)) apply in relation |
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| | | to rules under subsection (7) above as they apply in relation to rules under |
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| | | subsection (1) above (so far as they would not otherwise apply). |
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| | | ( ) | In section 75(5)(b) of that Act and Article 71(5)(b) of that Order any reference to |
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| | | the implementation of rules includes (in particular) a reference to granting (or |
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| | | refusing to grant) exemptions under subsection (10)(b) above.’. |
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| | Page 13, line 1 [Clause 22], leave out ‘limits any power’ and insert ‘affects— |
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| | | (a) | section 82 of the Police Reform Act 2002 (c. 30), |
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| | | (b) | section 41(3A) of the Police (Northern Ireland) Act 2000 (c. 32), or |
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| | Page 14, line 36 [Clause 27], leave out ‘section 788 of the Income and Corporation |
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| | Taxes Act 1988 (c. 1)’ and insert ‘section 2 of the Taxation (International and Other |
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| | Provisions) Act 2010 (c. )’. |
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| | Page 15, line 19 [Clause 29], leave out ‘31 October’ and insert ‘30 May’. |
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| | Page 15, line 22 [Clause 29], at end insert ‘top-up’. |
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| | Page 15, line 24 [Clause 29], leave out paragraph (b) and insert— |
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| | | ‘(b) | submit to the Electoral Commission for its approval the question to be |
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| | | asked in the referendum (and any statement that is to precede the |
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| | | (c) | by order made by statutory instrument fix the date of the poll.’. |
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| | Page 15, line 27 [Clause 29], leave out ‘specified under’ and insert ‘referred to in’. |
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| | Page 15, line 28 [Clause 29], after ‘alternative-vote’, insert ‘top-up’. |
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| | Page 15, line 31 [Clause 29], at end insert— |
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| | | ‘(3A) | In this section and in Schedule [Election of Regional Members to the House of |
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| | | Commons] “alternative-vote top-up system” means a system under which— |
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| | | (a) | eighty per cent. of Members of the House of Commons are returned from |
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| | | constituencies under the “alternative-vote system”; |
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| | | (b) | twenty per cent. of Members of this House are returned from regions on |
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| | | a “top-up list system”.’. |
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| | Page 16, line 16 [Clause 29], leave out subsection (7). |
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| | Page 16, line 18 [Clause 29], at end insert— |
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| | | ‘(7A) | In this section, a “top-up list system” means a system under which— |
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| | | (a) | regions shall be constituted of no fewer than six and no more than 10 |
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| | | (b) | for each region, candidates are returned for regions according to the rules |
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| | | laid out in Schedule [Election of Regional Members to the House of |
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| | Page 16 [Clause 29], leave out lines 19 to 24. |
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| | Page 16, line 32 [Clause 30], at end insert— |
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| | | ‘( ) | Subsection (1) has effect subject to any provision that may be made, in an order |
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| | | under section [Conduct etc of referendum], for disregarding alterations made in a |
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| | | register of electors after a specified date.’. |
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| | Page 35, line 41 [Clause 64], leave out paragraph (b). |
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| | Page 43, line 11 [Clause 80], leave out from ‘14.1’ to end of line 12. |
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| | Page 43, line 37 [Clause 80], at end insert— |
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| | | ‘(4) | In section 94(6)(a) of, and paragraph 6Z of Schedule 5 to, the Government of |
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| | | Wales Act 2006 (c. 32) for “paragraphs 1 to 6” substitute “paragraphs 1 to 6A”.’. |
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| | Page 48, line 37, leave out Clause 86. |
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| | Page 50, line 11 [Clause 90], leave out paragraph (d) and insert— |
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| | | ‘( ) | the provisions of this Part other than section [Electoral Commission |
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| | | accounts in relation to specified matters]’. |
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| | Page 50, line 11 [Clause 90], at end insert— |
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| | | ‘(e) | section [Dates of future general elections].’. |
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| | To move the following Schedule:— |
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| | | ‘House of Lords Appointments Commission |
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| | | Membership of the Commission |
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| | | 1 (1) | The Commission shall consist of seven members, including the Chairman. |
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| | | (2) | Members of the Commission, including the Chairman, shall serve for a non- |
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| | | renewable term of five years. |
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| | | (3) | Members of the Commission, including the Chairman, may be removed by the |
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| | | Crown on an address by both Houses of Parliament. |
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| | | (4) | Members of the Commission, including the Chairman, may resign. |
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| | | (5) | If a member of the Commission resigns or otherwise ceases to be a member of |
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| | | the Commission before the expiring of their term the member appointed to |
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| | | replace the former member shall serve for the remainder of the term of that |
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| | | former member and may be re-appointed for one further term. |
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| | | (6) | The terms on which the Chairman of the Commission or a member of the |
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| | | Commission holds office are to be determined by the Minister for the Civil |
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| | | Appointment of the Chairman of the Commission |
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| | | 2 (1) | The Chairman of the Commission shall be appointed by Her Majesty on the |
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| | | recommendation of the Prime Minister. |
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| | | (2) | A person’s selection for recommendation under sub-paragraph (1) must be on |
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| | | merit on the basis of fair and open competition. |
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| | | (3) | A person recommended under sub-paragraph (1) shall be independent of any |
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| | | (4) | No-one shall be nominated under sub-paragraph (1) if at any time in the |
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| | | (a) | has been a member of a registered political party; |
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| | | (b) | has given public support, by way of public speaking or appearance, to |
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| | | a registered political party; or |
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| | | (c) | has made a financial donation to any registered political party. |
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| | | (5) | Before recommending a person the Prime Minister must seek the agreement of |
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| | | the relevant party leaders. |
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| | | (6) | A relevant leader of a political party is the registered leader of a registered |
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| | | political party which had the highest, second highest or third highest national |
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| | | vote at the previous parliamentary general election. |
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| | | Appointment of non-party members of the Commission |
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| | | 3 (1) | Three members of the Commission shall be appointed by Her Majesty on the |
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| | | recommendation of the Prime Minister. |
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| | | (2) | A person’s selection for recommendation under sub-paragraph (1) must be on |
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| | | merit on the basis of fair and open competition. |
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| | | (3) | Members recommended under sub-paragraph (1) shall be independent of any |
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| | | (4) | No-on shall be recommended under sub-paragraph (1) if at any time in the |
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| | | (a) | has been a member of a registered political party; |
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| | | (b) | has given public support, by way of public speaking or appearance, to |
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| | | a registered political party; or |
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| | | (c) | has made a financial donation to any registered political party. |
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| | | Appointment of party members of the Commission |
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| | | 4 (1) | Three members of the Commission shall be appointed by Her Majesty on the |
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| | | recommendation of the relevant leaders of political parties. |
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| | | (2) | A relevant leader of a political party is the registered leader of a registered |
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| | | political party which had the highest, second highest or third highest national |
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| | | vote at the previous parliamentary general election. |
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| | | (3) | Each relevant leader may only recommend one person for nomination to Her |
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| | | (4) | No-one shall be recommended under sub-paragraph (3) who is a Minister of |
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| | | the Crown or holder of a national office in any registered political party. |
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| | | Payment of remuneration and allowances etc. |
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| | | 5 (1) | The terms mentioned in paragraph 1(6) may provide for the Commission— |
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| | | (a) | to pay remuneration and allowances to the person appointed; |
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| | | (b) | to make provision for a pension in relation to that person. |
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| | | (2) | The Commission must make the payments or provision accordingly. |
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| | | Resignation or removal from office |
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| | | 6 (1) | This paragraph is about resignation or removal from office of the Chairman or |
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| | | a member of the Commission. |
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| | | (2) | A person may resign from office by giving written notice to the Minister for |
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| | | (3) | Her Majesty may, on the recommendation of the Minister, remove a person |
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| | | from office if a condition in sub-paragraph (4) is met. |
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| | | (4) | The conditions are that— |
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| | | (a) | the person is absent from three successive meetings of the |
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| | | Commission without the Commission’s approval; |
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| | | (b) | the person is convicted of an offence (see sub-paragraph (5)); |
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| | | (c) | the person becomes bankrupt (see sub-paragraph (6)); |
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| | | (d) | the person is unfit or unable to carry out the functions of the office. |
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| | | (5) | For the purposes of determining if a person is convicted of an offence— |
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| | | (a) | it does not matter where the person is convicted; |
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| | | (b) | an act punishable under the law of a territory outside the United |
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| | | Kingdom constitutes an offence for the purposes of this paragraph |
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| | | (however it is described in that law). |
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| | | (6) | A person becomes bankrupt if— |
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| | | (a) | in England and Wales or Northern Ireland, a bankruptcy order is made |
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| | | in relation to the person, or |
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| | | (b) | in Scotland, the person’s estate is sequestrated. |
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| | | Compensation for loss of office of Chairman of the Commission or a member of the |
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| | | 7 (1) | The Minister for the Civil Service may direct the Commission to pay |
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| | | (a) | a person ceases to hold office as Chairman of the Commission or a |
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| | | member of the Commission, and |
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| | | (b) | the Minister is satisfied that, because of the circumstances in which the |
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| | | person ceased to hold office, compensation should be paid to the |
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| | | Status of the Commission and its property |
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| | | 8 (1) | The Commission (including its members and employees) is not to be |
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| | | (a) | as the servant or agent of the Crown, |
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| | | (b) | or as enjoying any status, immunity or privilege of the Crown. |
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| | | (2) | The Commission’s property is not to be regarded as property of, or held on |
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| | | 9 (1) | The Commission may do anything calculated to facilitate, or be incidental or |
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| | | conducive to, the carrying out of any of its functions. |
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| | | (2) | But the Commission may not borrow money except with the agreement of the |
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| | | Minister for the Civil Service. |
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| | | (3) | Nothing in this Schedule which specifies powers of the Commission limits the |
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| | | generality of sub-paragraph (1). |
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