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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 24, line 14 [Clause 41], at end insert— |
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| | | ‘(6) | In section 7 of that Act (information and guidance about taxation)— |
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| | | (a) | before subsection (1) insert— |
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| | | (a) | prepare guidance for members of the House of |
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| | | Commons about making claims under the MPs’ |
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| | | (b) | review the guidance regularly and revise it as |
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| | | (c) | publish the guidance in a way the IPSA considers |
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| | | (d) | provide to any member on request such further advice |
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| | | about making claims as the IPSA considers |
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| | | (b) | in the heading omit “about taxation”.’. |
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| | | Page 25, line 7 [Clause 43], at end insert ‘, including findings that the member’s |
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| | being paid an amount under the MPs’ allowances scheme that should not have been |
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| | allowed was wholly or partly the IPSA’s fault.’. |
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| | Page 33, line 16 [Clause 59], leave out ‘section 132 to 138’ and insert ‘sections 132 |
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| | to 136 and section 138.’. |
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| | Page 33, line 18 [Clause 59], leave out subsection (2). |
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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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| | | ‘Amendments of Freedom of Information Act 2000 |
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| | | 1 | The Freedom of Information Act 2000 is amended as follows. |
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| | | 2 | In section 2(3) (exemptions not subject to public interest test) after paragraph |
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| | | “(ea) | in section 37, paragraphs (a) to (ab) of subsection (1), and |
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| | | subsection (2) so far as relating to those paragraphs,”. |
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| | | 3 | In section 37(1) (communications with Her Majesty, etc.), for paragraph (a) |
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| | | |
| | | “(a) | communications with the Sovereign, |
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| | | (aa) | communications with the heir to, or the person who is for the |
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| | | time being second in line of succession to, the Throne, |
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| | | (ab) | communications with a person who has subsequently acceded |
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| | | to the Throne or become heir to, or second in line to, the |
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| | | (ac) | communications with other members of the Royal Family |
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| | | (other than communications which fall within any of |
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| | | paragraphs (a) to (ab) because they are made or received on |
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| | | behalf of a person falling within any of those paragraphs), and |
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| | | (ad) | communications with the Royal Household (other than |
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| | | communications which fall within any of paragraphs (a) to |
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| | | (ac) because they are made or received on behalf of a person |
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| | | falling within any of those paragraphs), or”. |
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| | | 4 | In section 62(1) (meaning of “historical record”), for “thirty years” substitute |
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| | | 5 (1) | Section 63 (removal of exemptions: historical records generally) is amended |
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| | | (b) | for “36, 37(1)(a), 42 or 43” substitute “or 42”. |
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| | | (b) | for “36(3), 42(2) or 43(3)” substitute “or 42(2)”. |
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| | | (4) | After subsection (2) insert— |
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| | | “(2A) | Information contained in a historical record cannot be exempt |
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| | | information by virtue of section 36 except— |
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| | | (a) | in a case falling within subsection (2)(a)(ii) of that section, or |
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| | | (b) | in a case falling within subsection (2)(c) of that section where |
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| | | the prejudice or likely prejudice relates to the effective |
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| | | conduct of public affairs in Northern Ireland. |
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| | | (2B) | Compliance with section 1(1)(a) in relation to a historical record is not |
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| | | to be taken to have any of the effects referred to in subsection (3) of |
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| | | section 36, except where the effect— |
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| | | (a) | falls within subsection (2)(a)(ii) of that section, or |
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| | | (b) | falls within subsection (2)(c) of that section and relates to the |
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| | | effective conduct of public affairs in Northern Ireland. |
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| | | (2C) | Information cannot be exempt information— |
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| | | (a) | by virtue of section 28 or 43, or |
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| | | (b) | by virtue of section 36 in the excepted cases mentioned in |
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| | | | after the end of the period of thirty years beginning with the year |
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| | | following that in which the record containing the information was |
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| | | (2D) | Compliance with section 1(1)(a) in relation to any record is not to be |
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| | | taken, at any time after the end of the period of thirty years beginning |
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| | | with the year following that in which the record was created, to be |
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| | | (a) | of prejudicing any of the matters referred to in section 28(1) |
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| | | (b) | of having any of the effects referred to in section 36(3) in the |
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| | | excepted cases mentioned in subsection (2B). |
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| | | (2E) | Information cannot be exempt information by virtue of any of |
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| | | paragraphs (a) to (ad) of section 37(1) after whichever is the later of— |
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| | | (a) | the end of the period of five years beginning with the date of |
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| | | (b) | the end of the period of twenty years beginning with the date |
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| | | on which the record containing the information was created. |
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| | | (2F) | In subsection (2E)(a) “the relevant death” means— |
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| | | (a) | for the purposes of any of paragraphs (a) to (ac) of section |
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| | | 37(1), the death of the person referred to in the paragraph |
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| | | (b) | for the purposes of section 37(1)(ad), the death of the |
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| | | Sovereign reigning when the record containing the |
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| | | information was created.” |
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| | | 6 | After section 80 insert— |
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| | | “80A | Information held by Northern Ireland bodies |
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| | | (1) | This section applies to information held by— |
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| | | (a) | the Northern Ireland Assembly, |
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| | | (b) | a Northern Ireland department, or |
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| | | (c) | a Northern Ireland public authority. |
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| | | (2) | In their application to information to which this section applies, the |
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| | | provisions of this Act have effect subject to the following |
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| | | (3) | Section 2(3) (exemptions not subject to public interest test) is to be |
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| | | read as if paragraph (ea) were omitted. |
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| | | (4) | Section 37(1) (communications with Her Majesty, etc) is to be read as |
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| | | if for paragraphs (a) to (ad) there were substituted— |
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| | | “(a) | communications with the Sovereign, with other members of the |
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| | | Royal Family or with the Royal Household, or”. |
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| | | (5) | Section 62(1) (meaning of “historical record”) is to be read as if the |
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| | | reference to twenty years were a reference to thirty years. |
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| | | (6) | Section 63 (removal of exemptions: historical records generally) is to |
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| | | (a) | in subsection (1), for the words from “section” to the end there |
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| | | were substituted “section 28, 30(1), 32, 33, 35, 36, 37(1)(a), |
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| | | (b) | in subsection (2), for the words from “section” to the end there |
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| | | were substituted “section 28(3), 33(3), 36(3), 42(2) or 43(3)”, |
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| | | (c) | subsections (2A) to (2F) were omitted.”.’. |
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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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|
