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(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.

(5)	For the purposes 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).

(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 Chairman of the Commission or a member of the

Commission

7    (1)

The Minister for the Civil Service may direct the Commission to pay

compensation if—

(a)	a person ceases to hold office as Chairman of the Commission or a

member of the Commission, and

(b)	the Minister is satisfied that, because of the circumstances in which the

person ceased to hold office, compensation should be paid to the

person.

Status of the Commission and its property

8    (1)

The Commission (including its members and employees) is not to be

regarded—

(a)	as the servant or agent of the Crown,

(b)	or as enjoying any status, immunity or privilege of the Crown.

(2)	The Commission’s property is not to be regarded as property of, or held on

behalf of, the Crown.

Powers

9    (1)

The Commission may do anything calculated to facilitate, or be incidental or

conducive to, the carrying out of any of its functions.

(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  (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.

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Constitutional Reform and Governance Bill, continued

Procedure and proceedings

11  (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

(b)	a defect in the appointment of a member.

Staff

12	The Commission may employ staff.

Pensions

13  (1)

Employment by the Commission is included among the kinds of employment

to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) may

apply.

(2)	The offices of Chairman of the Commission and member of the Commission

are included among the offices to which such a scheme may apply.

(3)	Accordingly, in Schedule 1 to the Superannuation Act 1972 (kinds of

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 “House of Lords Appointments Commission”,

(b)	in the list of “Offices” insert, at the appropriate place, “House of Lords

Appointments Commission”.

(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.

Arrangements for assistance

14  (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.

(3)	Arrangements may provide for the making of payments by the Commission.

Delegation

15  (1)

The Commission may delegate functions to—

(a)	any of its members;

(b)	any of its committees;

(c)	any of its employees;

(d)	a person with whom arrangements are made under paragraph 14 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 a

sub-committee.

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Financial provisions

16  (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.

(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

condition under sub-paragraph (2), the Minister must consult the Commission.

Accounts

17  (1)

The Commission must keep proper accounts and proper records in relation to

them.

(2)	The Commission must prepare a statement of accounts for each financial year

(see paragraph 19).

(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

(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,

(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.

(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 it

has been arranged for the Minister to do so).

Reports

18  (1)

The Commission—

(a)	must, as soon as practicable after the end of each financial year (see

paragraph 19), prepare a report about the carrying out of its functions

during the year, and

(b)	may 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 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.

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(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

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.

Meaning of “financial year”

19	For the purposes of paragraphs 17 and 18, each of the following is a “financial

year”—

(a)	the period which begins when this Schedule comes into force and ends

with the following 31 March;

(b)	each successive period of 12 months.

Documentary evidence

20  (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

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—

(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.’.

Mark Lazarowicz

NS3

To move the following Schedule:—

‘Election of Regional Members to the House of Commons

21	In each constituency, a poll shall be held at which each person entitled to vote

as elector may give a vote (referred to in this Act as a “regional vote”) for—

(a)	a registered political party which has submitted a regional list, or

(b)	an individual candidate to be a regional member for the region.

22	The right conferred on a person by paragraph 1 is in addition to any right the

person may have to vote in any poll for the return of a constituency member.

23	The persons who are to be returned under the alternative-vote system must be

determined before the persons who are to be returned as the regional members

for the region.

24	For each registered political party which has submitted a regional list, the

regional figure for the purposes of this Schedule is—

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(a)	the total number of regional votes given for the party in all the

constituencies included in the region, divided by

(b)	the aggregate of one plus the number of candidates of the party

returned as constituency members for any of those constituencies.

25	Each time a seat is allocated to the party under this rule, that figure shall be

recalculated by increasing (or further increasing) the aggregate in paragraph

4(b) by one.

26	For each individual candidate to be a regional member for the region, the

regional figure for the purposes of this schedule is the total number of regional

votes given for him in all the constituencies included in the region.

27	The first regional member seat shall be allocated to the registered political

party or individual candidate with the highest regional figure.

28	The second and subsequent regional member seats shall be allocated to the

registered political party or individual candidate with the highest regional

figure, after any recalculation required by paragraph 5 has been carried out.

29	An individual candidate already returned as a constituency or regional member

shall be disregarded.

30	Seats for the region which are allocated to a registered political party shall be

filled by the persons in the party’s regional list in the order in which they

appear in the list.

31	For the purposes of this Schedule, a person in a registered political party’s

regional list who is returned as a Member of Parliament shall be treated as

ceasing to be in the list (even if his return is void).

32	Once a party’s regional list has been exhausted the party shall be disregarded.’.

Secretary Jack Straw

44

Page  58,  line  37  [Schedule  2],  leave out sub-paragraph (4) and insert—

‘(4)	For subsection (4) substitute—

“(4)	See also section 1 of the Civil Service (Management Functions) Act

1992 under which functions conferred on the Minister for the Civil

Service by section 3 of the Constitutional Reform and Governance Act

2010 may be delegated to the Scottish Ministers etc.”

(5)	Omit subsection (9).’.

Secretary Jack Straw

45

Page  60,  line  11  [Schedule  2],  leave out sub-paragraph (4) and insert—

‘(4)	For subsection (4) substitute—

“(4)	See also section 1 of the Civil Service (Management Functions) Act

1992 under which functions conferred on the Minister for the Civil

Service by section 3 of the Constitutional Reform and Governance Act

2010 may be delegated to the Welsh Ministers etc.”

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Constitutional Reform and Governance Bill, continued

(5)	Omit subsection (10).’.

Secretary Jack Straw

58

Page  71,  line  16  [Schedule  5],  leave out sub-paragraphs (2) and (3) and insert—

‘(2)	The Compliance Officer—

(a)	if sub-paragraph (2A) applies, may give the member a direction under

this paragraph (a “repayment direction”), and

(b)	otherwise, must give the member a repayment direction.

(2A)	This sub-paragraph applies if the Compliance Officer has made findings under

section 9(5) that the member’s being paid an amount under the MPs’

allowances scheme that should not have been allowed was wholly or partly the

IPSA’s fault.

(3)	A repayment direction must require the member to pay to the IPSA—

(a)	if sub-paragraph (2A) applies, such amount (not exceeding the amount

of the overpayment) as the Compliance Officer considers reasonable,

and

(b)	otherwise, the amount of the overpayment.

(3A)	The repayment direction must specify the period (the “repayment period”)

before the end of which that amount is to be paid.’.

Secretary Jack Straw

59

Page  71,  line  23  [Schedule  5],  leave out ‘overpayment’ and insert ‘amount

mentioned in sub-paragraph (3)’.

Secretary Jack Straw

60

Page  71,  line  40  [Schedule  5],  leave out ‘1(4)(b)’ and insert ‘1(4)(a) or (b)’.

Secretary Jack Straw

61

Page  71,  line  40  [Schedule  5],  at end insert—

‘( )	The guidance must include guidance about whether the Compliance Officer

should include such a requirement if paragraph 1(2A) applies.’.

Secretary Jack Straw

62

Page  72,  line  10  [Schedule  5],  at end insert—

‘( )	if paragraph 1(2A) applies, the Compliance Officer’s decision to give

the member a repayment direction;

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Constitutional Reform and Governance Bill, continued

( )	if paragraph 1(2A) applies, the amount the member is required to

repay because of paragraph 1(3)(a);’.

Secretary Jack Straw

63

Page  77,  line  41  [Schedule  6],  at end insert—

‘Part 2

Amendments of other Acts

European Parliament (Pay and Pensions) Act 1979 (c. 50)

8    (1)

In section 1(2) (salaries of MEPs) for paragraphs (a) and (b) substitute “the

same as that of the salary payable for that period, under section 4 of the

Parliamentary Standards Act 2009, to a Member who does not hold an office

or position specified in a resolution of the House of Commons for the purposes

of section 4A(2) of that Act (higher salaries for holders of specified offices or

positions).”

(2)	Omit section 5 (salary to be used for calculating pension benefits).

(3)	In section 8(1) (interpretation) omit the definition of ““a Member’s ordinary

salary” and “a Member’s pensionable salary””.

Parliamentary and other Pensions Act 1987 (c. 45)

9	In section 5(2) (interpretation) for the words from “such resolutions” to the end

substitute—

“(a)	section 4 of the Parliamentary Standards Act 2009, or

(b)	in relation to a time before that section was in force, the

resolutions of the House of Commons then in force relating to

the remuneration of its members.”

Ministerial and other Pensions and Salaries Act 1991 (c. 5)

10	In section 4 (grants to persons ceasing to hold ministerial and other offices)—

(a)	omit subsection (3),

(b)	after that subsection insert—

“(3A)

The annual amount of the salary paid to a person in respect of

the office of Chairman of Ways and Means or Deputy

Chairman of Ways and Means is the difference between—

(a)	the annual amount of the salary payable under section

4 of the Parliamentary Standards Act 2009 to a person

holding that office, and

(b)	the annual amount of the salary payable under that

section to a member of the House of Commons who

does not hold an office or position specified in a

resolution of that House for the purposes of section

4A(2) of that Act (higher salaries for holders of

specified offices or positions).”, and

(c)	omit subsection (7).

---

Revised 1 March 2010