Session 2010 - 12
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Other Bills before Parliament

Public Bill Committee: 19 May 2011

265

Welfare Reform Bill, continued

8A

Advice

(1)	The Commission must on request give advice to a Minister of the

Crown about how to measure socio-economic disadvantage, social

mobility and child poverty.

(2)	Advice given under this section must be published.

8B	Annual reports

(1)	Before each anniversary of the coming into force of this section the

Commission must publish a report setting out its views on the progress

made towards the goals in subsection (2).

(2)	Those goals are—

(a)	improving social mobility in the United Kingdom, and

(b)	reducing child poverty in the United Kingdom, and in

particular—

(i)	meeting the targets in sections 3 to 6 in relation to the

target year, and

(ii)	implementing the most recent UK strategy, Scottish

strategy, Northern Ireland strategy and Welsh

strategy.

(3)	A report under subsection (1) may by published as one or more

documents as a Minister of the Crown may direct.

(4)	If the Commission so requests, a Minister of the Crown may by order

extend the publication deadline for any particular report by not more

than nine months.

(5)	A Minister of the Crown must lay a report under this section before

Parliament.

8C	Other functions

 A Minister of the Crown may direct the Commission to carry out any

other activity relating to the goals in section 8B(2).”

3	For Schedule 1 (Child Poverty Commission) there is substituted—

“Schedule 1

Social Mobility and Child Poverty Commission

Membership, chair and deputy chair

1    (1)

The members of the Commission are to be—

(a)	a chair appointed by a Minister of the Crown,

(b)	a member appointed by the Scottish Ministers,

(c)	a member appointed by the Welsh Ministers,

(d)	a member appointed by the relevant Northern Ireland

department, and

(e)	any other members appointed by a Minister of the Crown.

(2)	A Minister of the Crown may appoint one of the members as the

deputy chair.

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Welfare Reform Bill, continued

Term of office

2	Members are to hold and vacate office in accordance with the terms

of their appointment, subject to the following provisions.

3	Members must be appointed for a term of not more than five years.

4	A member may resign by giving notice in writing to a Minister of

the Crown.

5	A Minister of the Crown may remove a member if—

(a)	the person has been absent from three or more consecutive

meetings of the Commission without its permission,

(b)	the person has become bankrupt or has made an

arrangement with creditors,

(c)	the person’s estate has been sequestrated in Scotland or the

person, under Scots law, has made a composition or

arrangement with, or granted a trust deed for, creditors, or

(d)	the Minister is satisfied that the person is otherwise unable

or unfit to perform the duties of the office.

6	A person ceases to be the chair or the deputy chair if the person—

(a)	resigns that office by giving notice in writing to a Minister

of the Crown, or

(b)	ceases to be a member.

7	A person who holds or has held office as the chair, or as the deputy

chair or other member, may be reappointed, whether or not to the

same office.

Staff and facilities

8	A Minister of the Crown may provide the Commission with—

(a)	such staff,

(b)	such accommodation, equipment and other facilities, and

(c)	such sums,

as the Minister may determine are required by the Commission in

the exercise of its functions.

Payments

9	A Minister of the Crown may pay to or in respect of the members

of the Commission such remuneration, allowances and expenses as

the Minister may determine.

Supplementary powers

10	The Commission may do anything that appears to it necessary or

appropriate for the purpose of, or in connection with, the carrying

out of its functions.

Status

11	The Commission is not to be regarded—

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

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Welfare Reform Bill, continued

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

Sub-committees

12	The Commission may establish sub-committees.

Validity of proceedings

13	The Commission may regulate—

(a)	its own procedure (including quorum),

(b)	the procedure of any sub-committee (including quorum).

14	The validity of anything done by the Commission or any sub-

committee is not affected by—

(a)	any vacancy in the membership of the Commission or sub-

committee, or

(b)	any defect in the appointment of any member of the

Commission or a sub-committee.

Discharge of functions

15	The Commission may authorise a sub-committee or member to

exercise any of the Commission’s functions.”

Part 2

Supplementary amendments to Child Poverty Act 2010

4	The Child Poverty Act 2010 is amended as follows.

5	In section 6 (persistent poverty target), subsection (6)(b) and the preceding

“and” are repealed.

6	In section 10 (provision of advice and consultation)—

(a)	for the heading, there is substituted “Consultation”;

(b)	subsections (1) to (3) are repealed.

7	In section 13 (advice and consultation: Scotland and Northern Ireland)—

(a)	for the heading, there is substituted “Consultation: Scotland and

Northern Ireland”;

(b)	subsections (1) and (2) are repealed.

8    (1)

In the italic heading preceding section 14, for “Reports” there is substituted

“Statement”.

(2)	Section 14 is repealed.

9    (1)

Section 15 (statement in relation to target year) is amended as follows.

(2)	In subsection (1), for “The report under section 14(3) must include” there is

substituted “The Secretary of State must, as soon as reasonably practicable

after the end of the target year, lay before Parliament”.

(3)	In subsection (4), for “the report under section 14(3)” there is substituted “the

statement”.

(4)	At the end there is inserted—

“(5)	The Secretary of State must consult the Scottish Ministers, the Welsh

Ministers and the relevant Northern Ireland department before

preparing the statement.”

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Welfare Reform Bill, continued

10	In section 16 (economic and fiscal circumstances), in subsection (1)(b), for the

words from “to the Secretary of State” to the end there is substituted “under

section 8A”.

11  (1)

Section 18 (interpretation) is amended as follows.

(2)	In the definition of “the Commission” in subsection (1), for “Child Poverty

Commission” there is substituted “Social Mobility and Child Poverty

Commission”.

(3)	After the definition of “financial year” in that subsection there is inserted—

““Minister of the Crown” has the same meaning as in the Ministers of the

Crown Act 1975;”.

12	In section 28 (regulations and orders), in subsection (5)(b), after “section”

there is inserted “8B(4) or”.

13  (1)

Schedule 2 (continuing effect of targets) is amended as follows.

(2)	In paragraph 1, in paragraph (a) of the definition of “target statement”, for “the

report required by section 14(3)” there is substituted “the statement required

by section 15”.

(3)	In paragraph 3(d), for “the Secretary of State”, in the first place, there is

substituted “the Commission”.

(4)	Paragraphs 6(c) and (d) and 7(1)(b) are repealed.

Part 3

Supplementary amendments to other Acts

14	In Schedule 1 to the Public Records Act 1958 (definition of public records), in

Part 2 of the Table at the end of paragraph 3—

(a)	the entry relating to the Child Poverty Commission is repealed;

(b)	at the appropriate place there is inserted—

“Social Mobility and Child Poverty Commission”.

15	In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc

subject to investigation)—

(a)	the entry relating to the Child Poverty Commission is repealed;

(b)	at the appropriate place there is inserted—

“Social Mobility and Child Poverty Commission”.

16  (1)

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975

(bodies of which all members are disqualified)—

(a)	the entry relating to the Child Poverty Commission is repealed;

(b)	at the appropriate place there is inserted—

“The Social Mobility and Child Poverty Commission”.

(2)	In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act

1975 (bodies of which all members are disqualified)—

(a)	the entry relating to the Child Poverty Commission is repealed;

(b)	at the appropriate place there is inserted—

“The Social Mobility and Child Poverty Commission”.

17	In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public

bodies and offices: general)—

(a)	the entry relating to the Child Poverty Commission is repealed;

(b)	at the appropriate place there is inserted—

© Parliamentary copyright	Revised 19 May 2011