|
| |
|
“specified” means specified in the certificate signed by the Minister of the |
| |
| |
16 | Effect of certain directions under section 15 |
| |
(1) | Where the Attorney General has given a direction under section 15(2)(b), no |
| |
proceedings for an offence are to be instituted in respect of the matters which |
| 5 |
are the subject of the investigation. |
| |
(2) | Subsection (1) does not prevent the institution of proceedings for an offence in |
| |
respect of those matters if the direction is withdrawn. |
| |
(3) | Where the Attorney General has given a direction under section 15(2)(c), the |
| |
prosecutor must take such steps as are appropriate to ensure that the |
| 10 |
proceedings which are the subject of the direction are brought to and end as |
| |
| |
(4) | If the prosecutor fails to comply with subsection (3), any court before which the |
| |
proceedings are being conducted may make an order— |
| |
(a) | bringing the proceedings to an end, and |
| 15 |
(b) | making such other provision as appears to the court to be appropriate |
| |
(including provision as to the effect of the order on the bringing of fresh |
| |
proceedings in respect of the same offence). |
| |
| |
(a) | “offence” and “prosecutor” have the same meaning as in section 15; |
| 20 |
(b) | the reference in subsection (4) to a court includes a reference to a service |
| |
court within the meaning of section 324(4) of the 2006 Act. |
| |
17 | Reports on directions under section 15 |
| |
(1) | This section applies where the Attorney General has— |
| |
(a) | given a direction under section 15(2), or |
| 25 |
(b) | withdrawn a direction under section 15(3). |
| |
(2) | The Attorney General must prepare and lay before Parliament a report on the |
| |
giving or withdrawal of the direction— |
| |
(a) | as soon as is practicable after the giving or withdrawal of the direction, |
| |
| 30 |
(b) | if the certificate under section 15(1) states that it is necessary to delay |
| |
the report for the purpose of avoiding prejudice to national security, as |
| |
soon as a Minister of Crown directs that further delay is no longer |
| |
necessary for that purpose. |
| |
(3) | Nothing in subsection (2) requires information to be included in a report if— |
| 35 |
(a) | the certificate under section 15(1) specifies that the information is to be |
| |
excluded from the report, or |
| |
(b) | the Attorney General is satisfied that— |
| |
(i) | a claim to legal professional privilege (or in Scotland |
| |
confidentiality of communications) could be maintained in |
| 40 |
respect of the information in legal proceedings, or |
| |
(ii) | the inclusion of the information would prejudice the |
| |
investigation of a suspected offence or proceedings before any |
| |
| |
|
| |
|
| |
|
Miscellaneous and supplementary |
| |
18 | Annual report on exercise of Attorney’s functions |
| |
(1) | As soon as is practicable after 4th April in any year the Attorney General must |
| |
prepare and lay before Parliament a report on the exercise of the functions of |
| |
the Attorney General during the year ending with that date. |
| 5 |
(2) | Nothing in subsection (1) requires information to be included in a report if— |
| |
(a) | any certificate under section 15(1) specifies that the information is to be |
| |
excluded from the report, or |
| |
(b) | the Attorney General is satisfied that— |
| |
(i) | a claim to legal professional privilege (or in Scotland |
| 10 |
confidentiality of communications) could be maintained in |
| |
respect of the information in legal proceedings, or |
| |
(ii) | the inclusion of the information would prejudice the |
| |
investigation of a suspected offence or proceedings before any |
| |
| 15 |
19 | Amendments consequential on Part 2 |
| |
Schedule 1 (which contains amendments consequential on this Part) has effect. |
| |
| |
Treaties and armed conflicts |
| |
| 20 |
20 | Treaties to be laid before Parliament before ratification |
| |
(1) | A treaty is not to be ratified unless conditions 1 to 4 or conditions 1 to 5 (as the |
| |
| |
(2) | Condition 1 is that the Secretary of State has laid before Parliament a copy of |
| |
| 25 |
(3) | Condition 2 is that the treaty has been published in a way that the Secretary of |
| |
State thinks appropriate. |
| |
(4) | Condition 3 is that the Treaties Committee established under section 21— |
| |
(a) | has laid before Parliament a report on the treaty under that section |
| |
before the expiry of the initial period, or |
| 30 |
(b) | has recommended that the initial period be extended by such number |
| |
of days as the Committee may specify and has laid a report before |
| |
Parliament before the expiry of that extended period. |
| |
| In this subsection, the “initial period” is the period of 21 sitting days beginning |
| |
with the first sitting day after the date on which Condition 1 is met. |
| 35 |
| |
(a) | the relevant period has expired without either House having resolved |
| |
that the treaty should not be ratified, or |
| |
(b) | if either House resolves that within the relevant period that the treaty |
| |
should not be ratified, condition 5 has been met. |
| 40 |
|
| |
|
| |
|
| In this subsection, the “relevant period” is the initial period referred to in |
| |
subsection (4)(a) or, if an extension to that period was recommended under |
| |
subsection (4)(b), the initial period plus the number of additional days |
| |
specified by the Treaties Committee. |
| |
| 5 |
(a) | the Secretary of State has laid before Parliament a statement indicating |
| |
that the Secretary of State is of the opinion that the treaty should |
| |
nevertheless be ratified and explaining why, and |
| |
(b) | the review period has expired without either House having resolved |
| |
within that period that the treaty should not be ratified. |
| 10 |
| In this subsection, the “review period” is the period of 21 sitting days, |
| |
beginning with the first sitting day after the date on which statement referred |
| |
to in paragraph (a) is laid. |
| |
(7) | The Secretary of State may lay a statement under subsection (6) on more than |
| |
| 15 |
(8) | In this section “sitting day” means a day on which either House of Parliament |
| |
| |
21 | The Treaties Committee |
| |
(1) | There is to be a Committee, called the Treaties Committee (referred to in this |
| |
section as “the Committee”)— |
| 20 |
(a) | to examine any treaty laid before Parliament under section 20 and to |
| |
report to Parliament its recommendation as to whether the treaty |
| |
| |
(b) | to examine any other treaty-like documents (such as memoranda of |
| |
understanding, memoranda of agreement, common positions etc.) and |
| 25 |
to call the attention of Parliament to such documents if the committee |
| |
considers it appropriate to do so. |
| |
(2) | The Committee shall consist of 12 Members— |
| |
(a) | who are to be drawn both from the members of the House of Commons |
| |
and from the members of the House of Lords; and |
| 30 |
(b) | none of whom may be a Minister of the Crown. |
| |
(3) | The members of the Committee are to be appointed by the Prime Minister and |
| |
one of them is to be appointed as chair. |
| |
(4) | Any appointment under subsection (3) may be made only after consultation |
| |
with the leader of each registered political party to which ten or more members |
| 35 |
of the House of Commons belongs. |
| |
(5) | Past service is no bar to appointment to the Committee. |
| |
(6) | A member of the Committee— |
| |
(a) | holds office for the duration of the Parliament in which he is appointed, |
| |
| 40 |
(b) | ceases to be a member on— |
| |
(i) | ceasing to be a member of the House of Commons, |
| |
(ii) | ceasing to be a member of the House of Lords, |
| |
(iii) | becoming a Minister of the Crown, |
| |
(iv) | being required by the Prime Minister to vacate office, or |
| 45 |
|
| |
|
| |
|
(v) | giving notice in writing of the member’s intention to resign |
| |
| |
(7) | The Committee may determine its own procedure. |
| |
(8) | “Registered political party” means a party registered under Part 2 of the |
| |
Political Parties, Elections and Referendums Act 2000 (c. 41). |
| 5 |
22 | Section 20 not to apply to certain descriptions of treaties |
| |
(1) | Section 20 does not apply to— |
| |
(a) | a treaty covered by section 12 of the European Parliamentary Elections |
| |
Act 2002 (c. 24) (treaty providing for increase in European Parliament’s |
| |
powers not to be ratified unless approved by Act of Parliament); |
| 10 |
(b) | a treaty covered by section 5 of the European Union (Amendment) Act |
| |
2008 (c. 7) (treaty amending founding Treaties not to be ratified unless |
| |
approved by Act of Parliament). |
| |
(2) | Section 20 does not apply to a treaty in relation to which an Order in Council |
| |
may be made under one or more of the following— |
| 15 |
(a) | section 158 of the Inheritance Tax Act 1984 (c. 51) (double taxation |
| |
| |
(b) | section 788 of the Income and Corporation Taxes Act 1988 (c. 1) (double |
| |
| |
(c) | section 173 of the Finance Act 2006 (c. 25) (international tax |
| 20 |
enforcement arrangements). |
| |
23 | Meaning of “treaty” and “ratification” |
| |
(1) | In this Part “treaty” means an agreement in writing— |
| |
(a) | between States or between States and international organisations, and |
| |
(b) | binding in international law. |
| 25 |
(2) | In this Part a reference to ratification of a treaty is a reference to an act of a kind |
| |
specified in subsection (3) which establishes as a matter of international law the |
| |
United Kingdom’s consent to be bound by the Treaty. |
| |
| |
(a) | deposit or delivery of an instrument of ratification, accession, approval |
| 30 |
| |
(b) | deposit or delivery of a notification of completion of domestic |
| |
| |
Participation in war etc. |
| |
24 | Parliamentary approval before participating in war etc. |
| 35 |
(1) | Before the exercise of any power to commit the United Kingdom to direct |
| |
| |
| |
(b) | international armed conflict, or |
| |
(c) | international peace-keeping activities, |
| 40 |
| the prior approval of Parliament for such participation must be given by a |
| |
resolution of each House. |
| |
|
| |
|
| |
|
(2) | Subsection (1) does not apply in any case where the Prime Minister— |
| |
(a) | considers that exceptional considerations require immediate action to |
| |
| |
(b) | notifies each House of Parliament accordingly, and |
| |
(c) | as soon as is practicable provides each House with a statement of the |
| 5 |
reasons for taking the view referred to in paragraph (a). |
| |
| |
| |
| |
| 10 |
(1) | This Part applies to the civil service of the State excluding the parts listed in |
| |
| |
(2) | The parts excluded are— |
| |
(a) | the Secret Intelligence Service; |
| |
(b) | the Security Service; |
| 15 |
(c) | the Government Communications Headquarters; |
| |
(d) | the Northern Ireland Civil Service; |
| |
(e) | the Northern Ireland Courts Service. |
| |
(3) | References to the civil service and civil servants are to be read accordingly. |
| |
| 20 |
26 | Establishment of the Civil Service Commission |
| |
(1) | There is to be a body corporate called the Civil Service Commission. |
| |
(2) | Schedule 2 (Civil Service Commission) has effect. |
| |
(3) | The Commission has the role in relation to selections for appointments to the |
| |
civil service set out in sections 34 to 36. |
| 25 |
| |
(a) | section 32(7) to (9) (which provides for the making of complaints to the |
| |
Commission under civil service codes of conduct); |
| |
(b) | section 40 (monitoring by the Commission); |
| |
(c) | section 41 (arrangements for the Civil Service Commission to carry out |
| 30 |
| |
| |
27 | Management of the civil service |
| |
(1) | The Minister for the Civil Service has the power to manage the civil service |
| |
(excluding the diplomatic service). |
| 35 |
(2) | The Secretary of State has the power to manage the diplomatic service. |
| |
|
| |
|
| |
|
(3) | The powers referred to in subsections (1) and (2) do not cover— |
| |
(a) | recruitment, appointment, discipline or dismissal of individual civil |
| |
| |
(b) | day-to-day management of individual civil servants, or |
| |
(c) | national security vetting (and accordingly do not affect any power |
| 5 |
relating to national security vetting). |
| |
(4) | The Secretary of State may not exercise the power referred to in subsection (2) |
| |
| |
(a) | remuneration, expenses and allowances of civil servants (including |
| |
compensation payable on leaving the civil service), or |
| 10 |
(b) | the conditions on which a civil servant may retire, |
| |
| without the agreement of the Minister for the Civil Service. |
| |
28 | Civil service management functions |
| |
(1) | The Civil Service (Management Functions) Act 1992 (c. 61) is amended as |
| |
| 15 |
(2) | For the italic cross-heading before section 1 substitute “Civil service (excluding |
| |
the diplomatic service)”. |
| |
(3) | In section 1 (delegation of functions), for subsections (1) and (2) substitute— |
| |
“(1) | This section applies to the functions conferred on the Minister for the |
| |
Civil Service by section 27 of the Constitutional Renewal Act 2009 |
| 20 |
(management of the civil service). |
| |
(2) | The Minister for the Civil Service may, to such extent and subject to |
| |
such conditions as the Minister thinks fit, delegate a function to which |
| |
this section applies to any other servant of the Crown.” |
| |
(4) | Omit section 1(5) (meaning of “transfer of functions Order”). |
| 25 |
(5) | In section 2 (power to authorise exercise of functions without approval etc.), in |
| |
subsection (1)(a), for “Her Majesty’s Home Civil Service” substitute “the civil |
| |
service (excluding the diplomatic service) within the meaning of Part 4 of the |
| |
Constitutional Renewal Act 2009”. |
| |
29 | Management of the civil service: supplementary |
| 30 |
(1) | Any statutory power relating to the management of any part of the civil service |
| |
has effect subject to section 27. |
| |
(2) | “Statutory power” means a power conferred by any other Act (whenever |
| |
passed) or an instrument made under any other Act (whenever made). |
| |
(3) | Subsection (4) applies to any person (“P”) who— |
| 35 |
(a) | is a civil servant immediately before section 27 comes into force, and |
| |
(b) | was appointed under powers that cease to be exercisable on that section |
| |
| |
(4) | From the time that section 27 comes into force, P’s appointment continues but |
| |
| 40 |
(a) | if P is a member of the diplomatic service immediately before that time, |
| |
under subsection (2) of that section, and |
| |
|
| |
|
| |
|
(b) | otherwise, under subsection (1) of that section. |
| |
| |
| |
(1) | The Minister for the Civil Service must issue a code of conduct for the civil |
| |
service (excluding the diplomatic service). |
| 5 |
(2) | For this purpose, the Minister for the Civil Service may issue separate codes of |
| |
conduct covering civil servants who serve the Scottish Executive or the Welsh |
| |
| |
(3) | In this Part “civil service code” means a code of conduct issued under this |
| |
section as it is in force for the time being. |
| 10 |
(4) | The Minister for the Civil Service may not issue a civil service code unless the |
| |
code has been laid in draft before Parliament and approved by a resolution of |
| |
| |
(5) | A civil service code forms part of the terms and conditions of service of any |
| |
civil servant covered by the code. |
| 15 |
31 | Diplomatic service code |
| |
(1) | The Secretary of State must issue a code of conduct for the diplomatic service. |
| |
(2) | In this Part “diplomatic service code” means the code of conduct issued under |
| |
this section as it is in force for the time being. |
| |
(3) | The Secretary of State may not issue the diplomatic service code unless the |
| 20 |
code has been laid in draft before Parliament and approved by a resolution of |
| |
| |
(4) | The diplomatic service code forms part of the terms and conditions of any civil |
| |
servant covered by the code. |
| |
32 | Minimum requirements for civil service and diplomatic service codes |
| 25 |
(1) | This section sets out the provision that must be included in a civil service code |
| |
or the diplomatic service code in relation to the civil servants covered by the |
| |
| |
The code may include other provision as well. |
| |
(2) | The code must require civil servants who serve an administration mentioned |
| 30 |
in subsection (3) to carry out their duties for the assistance of the |
| |
administration as it is duly constituted for the time being, whatever its political |
| |
| |
(3) | The administrations are— |
| |
(a) | Her Majesty’s Government in the United Kingdom; |
| 35 |
(b) | the Scottish Executive; |
| |
(c) | the Welsh Assembly Government. |
| |
(4) | The code must require that, so far as is consistent with discharging the duty |
| |
referred to in subsection (2), civil servants carrying out their duties must have |
| |
|
| |
|