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Constitutional Reform and Governance Bill


Constitutional Reform and Governance Bill
Part 8 — Human rights claims against devolved administrations

36

 

Part 8

Human rights claims against devolved administrations

62      

Time limit for human rights actions against Scottish Ministers etc

(1)   

In section 100 of the Scotland Act 1998 (c. 46) the following (as inserted by the

Convention Rights Proceedings (Amendment) (Scotland) Act 2009 (asp 11)) are

5

omitted—

(a)   

subsections (3A) to (3E);

(b)   

in subsection (4), the words “Subject to subsection (3D),”.

(2)   

The Convention Rights Proceedings (Amendment) (Scotland) Act 2009 is

repealed.

10

(3)   

Omit paragraph 4A of Schedule 4 to the Scotland Act 1998.

(4)   

The Scotland Act 1998 (Modification of Schedule 4) Order 2009 (S.I. 2009/1380

(S.8)) is revoked.

(5)   

Subsections (1) to (4) above do not apply to any proceedings brought before

this section comes into force.

15

(6)   

After subsection (3) of section 100 of the Scotland Act 1998 insert—

“(3A)   

Subsection (3B) applies to any proceedings brought by virtue of this Act

against the Scottish Ministers or a member of the Scottish Executive in

a court or tribunal on the ground that an act of the Scottish Ministers or

a member of the Scottish Executive is incompatible with the

20

Convention rights.

(3B)   

Proceedings to which this subsection applies must be brought before

the end of—

(a)   

the period of one year beginning with the date on which the act

complained of took place, or

25

(b)   

such longer period as the court or tribunal considers equitable

having regard to all the circumstances,

   

but that is subject to any rule imposing a stricter time limit in relation

to the procedure in question.

(3C)   

Subsection (3B) does not apply to proceedings brought by the Lord

30

Advocate, the Advocate General, the Attorney General, the Attorney

General for Northern Ireland or the Advocate General for Northern

Ireland.

(3D)   

In subsections (3A) and (3B) “act” does not include the making of any

legislation but it does include any other act or failure to act (including

35

a failure to make legislation).

(3E)   

In subsection (3B) “rule” has the same meaning as it has in section 7(5)

of the Human Rights Act 1998.”

(7)   

In subsection (4) of that section at the beginning insert “Subject to subsection

(3D),”.

40

(8)   

Subsections (6) and (7) above apply to any proceedings brought after this

section comes into force (including proceedings in respect of an act taking

place before this section comes into force).

 
 

Constitutional Reform and Governance Bill
Part 8 — Human rights claims against devolved administrations

37

 

63      

Time limit for human rights actions against Northern Ireland Ministers etc

(1)   

After section 71(2C) of the Northern Ireland Act 1998 (c. 47) (human rights)

insert—

“(2D)   

Section 24(1)(a) does not enable a person to bring any proceedings in a

court or tribunal in respect of an act unless the proceedings are brought

5

before the end of—

(a)   

the period of one year beginning with the date on which the act

took place, or

(b)   

such longer period as the court or tribunal considers equitable

having regard to all the circumstances,

10

   

but that is subject to any rule imposing a stricter time limit in relation

to the procedure in question.

(2E)   

Subsection (2D) does not apply to—

(a)   

proceedings brought on the ground that any subordinate

legislation made, confirmed or approved by a Minister or a

15

Northern Ireland department is incompatible with the

Convention rights;

(b)   

proceedings brought by a person mentioned in subsection (2).

(2F)   

In subsection (2D) “rule” has the same meaning as it has in section 7(5)

of the Human Rights Act 1998.”

20

(2)   

This section applies to any proceedings brought after this section comes into

force (including proceedings in respect of an act taking place before this section

comes into force).

64      

Time limit for human rights actions against Welsh Ministers etc

(1)   

Section 81 of the Government of Wales Act 2006 (c. 32) is amended as set out in

25

subsections (2) and (3).

(2)   

After subsection (3) insert—

“(3A)   

Subsection (1) does not enable a person to bring any proceedings in a

court or tribunal in respect of an act unless the proceedings are brought

before the end of—

30

(a)   

the period of one year beginning with the date on which the act

took place, or

(b)   

such longer period as the court or tribunal considers equitable

having regard to all the circumstances,

   

but that is subject to any rule imposing a stricter time limit in relation

35

to the procedure in question.

(3B)   

Subsection (3A) does not apply to—

(a)   

proceedings brought on the ground that any subordinate

legislation made, confirmed or approved by the Welsh

Ministers is incompatible with the Convention rights;

40

(b)   

proceedings brought by a person mentioned in subsection (3).

(3C)   

In subsection (3A) “rule” has the same meaning as it has in section 7(5)

of the Human Rights Act 1998.”

(3)   

In subsection (5) after “Ministers” insert “(and in subsection (3B)(a) the

reference to the Welsh Ministers is to be read accordingly)”.

45

 
 

Constitutional Reform and Governance Bill
Part 9 — Courts and tribunals

38

 

(4)   

Subsections (3A) to (3C) of section 81 of the Government of Wales Act 2006

(c. 32) apply in relation to section 107(1) of the Government of Wales Act 1998

(c. 38) (so far as proceedings may be brought by virtue of it despite its repeal)

as those subsections apply in relation to section 81(1) of the 2006 Act.

(5)   

This section applies to any proceedings brought after this section comes into

5

force (including proceedings in respect of an act taking place before this section

comes into force).

Part 9

Courts and tribunals

65      

Judicial appointments etc

10

Schedule 10 (which makes amendments relating to judicial appointments etc)

has effect.

66      

Salary protection for members of tribunals

(1)   

This section applies if, in accordance with the terms of a person’s appointment,

the person is to be paid a salary (as opposed to fees) under any of the following

15

provisions.

(2)   

The provisions are—

(a)   

section 5(1)(a), (b) or (c) of the Employment Tribunals Act 1996 (c. 17);

(b)   

paragraph 10 of Schedule 1 to the Tribunals, Courts and Enforcement

Act 2007 (c. 15);

20

(c)   

paragraph 5(2) of Schedule 2 to that Act;

(d)   

paragraph 5(2) of Schedule 3 to that Act;

(e)   

paragraph 3(2), 5(10) or 6(6) of Schedule 4 to that Act.

(3)   

The Secretary of State (with the consent of the Treasury as required) or the Lord

Chancellor (as the case may be)—

25

(a)   

must, under the provision in question, determine the amount of the

salary to be paid to the person and pay it accordingly;

(b)   

may, under the provision in question, determine increases, but not

reductions, in the salary.

67      

Salary protection for office holders in Northern Ireland

30

(1)   

A person’s salary determined under any of the following provisions may be

increased, but not reduced, by further determinations.

(2)   

The provisions are—

(a)   

section 106(1) of the County Courts Act (Northern Ireland) 1959 (c. 25

(N.I.));

35

(b)   

section 12(1) of the Magistrates’ Courts Act (Northern Ireland) 1964 (c.

21 (N.I.)) as it applies in relation to persons appointed under section

9(1) of that Act.

(3)   

Subsection (5) applies if, in accordance with the terms of a person’s

appointment, the person is to be paid a salary (as opposed to fees) under any

40

of the following provisions.

 
 

Constitutional Reform and Governance Bill
Part 10 — National audit

39

 

(4)   

The provisions are—

(a)   

section 2(1) of the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)) as

it applies in relation to the remuneration of coroners (but not deputy

coroners);

(b)   

section 70 of the Judicature (Northern Ireland) Act 1978 (c. 23);

5

(c)   

paragraph 2 of Schedule 4 to the Child Support Act 1991 (c. 48) as it

applies in relation to persons appointed under section 23(1) of that Act;

(d)   

paragraph 7 of Schedule 2 to the Social Security Administration

(Northern Ireland) Act 1992 (c. 8) as it applies in relation to persons

appointed under section 50(1) of that Act.

10

(5)   

Under the provision in question the person’s salary—

(a)   

must be determined and paid accordingly;

(b)   

may be increased, but not reduced, by further determinations.

Part 10

National audit

15

The Comptroller and Auditor General

68      

The office of the Comptroller and Auditor General

(1)   

The office of the Comptroller and Auditor General is to continue.

(2)   

In Welsh the office is called Y Rheolwr ac Archwilydd Cyffredinol.

(3)   

It is for Her Majesty by Letters Patent to appoint a person to the office.

20

(4)   

Her Majesty’s power is exercisable on an address of the House of Commons.

(5)   

It is for the Prime Minister to move the motion for the address.

(6)   

To do so the Prime Minister must have the agreement of the person who chairs

the Committee of Public Accounts.

(7)   

The person appointed holds the office for ten years.

25

(8)   

The person may not be appointed again.

69      

Status of the Comptroller and Auditor General etc

(1)   

The Comptroller and Auditor General continues by that name to be a

corporation sole.

(2)   

The Comptroller and Auditor General continues to be an officer of the House

30

of Commons.

   

(But section 4(4) of the House of Commons (Administration) Act 1978 (c. 36)

does not apply in relation to the office of the Comptroller and Auditor

General.)

(3)   

The person who is the Comptroller and Auditor General must not be a member

35

of the House of Lords.

(4)   

The Comptroller and Auditor General is not to be regarded—

(a)   

as the servant or agent of the Crown, or

 
 

Constitutional Reform and Governance Bill
Part 10 — National audit

40

 

(b)   

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

(5)   

The person who is the Comptroller and Auditor General must not hold any

other office or position for which the person is appointed or recommended by

or on behalf of the Crown.

(6)   

The Comptroller and Auditor General has complete discretion in the carrying

5

out of the office’s functions, including in determining whether to carry out an

examination under Part 2 of the National Audit Act 1983 (c. 44) and as to the

manner in which any such examination is carried out.

(7)   

Subsection (6) is subject to any other statutory provision.

(8)   

For provision that affects the carrying out of the Comptroller and Auditor

10

General’s functions, see (in particular)—

(a)   

section 74 and Schedule 11, which provide for the establishment of a

body corporate called the National Audit Office and for the

Comptroller and Auditor General to be one of the body’s nine members

and its chief executive;

15

(b)   

section 75 and Schedule 12, which deal with the interaction between the

National Audit Office and the Comptroller and Auditor General and

which (among other things)—

(i)   

require the National Audit Office and the Comptroller and

Auditor General to prepare a strategy for their functions and to

20

give effect to that strategy;

(ii)   

require the National Audit Office to provide resources for the

Comptroller and Auditor General’s functions;

(iii)   

require the Comptroller and Auditor General to obtain the

approval of the National Audit Office before providing certain

25

services;

(iv)   

require the National Audit Office to monitor the carrying out of

the Comptroller and Auditor General’s functions;

(v)   

require the National Audit Office to provide advice to the

Comptroller and Auditor General and the Comptroller and

30

Auditor General to have regard to that advice;

(vi)   

require the National Audit Office and the Comptroller and

Auditor General to prepare a code of practice dealing with their

relationship and to comply with it;

(c)   

section 77, which places requirements on the Comptroller and Auditor

35

General in relation to efficiency etc;

(d)   

section 7A of the National Audit Act 1983, which requires the

Comptroller and Auditor General to have regard to certain proposals

made by the Committee of Public Accounts.

70      

Provision of services

40

The Comptroller and Auditor General may provide services to any person in

any place within or outside the United Kingdom under agreements or other

arrangements entered into by the Comptroller and Auditor General.

71      

Remuneration package of the Comptroller and Auditor General

(1)   

The person (“P”) who is the Comptroller and Auditor General is to receive a

45

remuneration package.

 
 

Constitutional Reform and Governance Bill
Part 10 — National audit

41

 

(2)   

P’s package may include—

(a)   

an annual salary, allowances, arrangements for a pension and other

benefits;

(b)   

a formula or other mechanism for adjusting one or more elements of P’s

package from time to time.

5

(3)   

In relation to arrangements for a pension, P’s package may provide that the

principal civil service pension scheme (as defined in section 2(10) of the

Superannuation Act 1972 (c. 11)) is to apply to P’s service as Comptroller and

Auditor General as if it were service in employment in the civil service of the

State (and the principal civil service pension scheme is to apply accordingly).

10

(4)   

No element of P’s package is to be performance based.

(5)   

P’s package is to be determined jointly by the Prime Minister and the person

who chairs the Committee of Public Accounts before the start of P’s

appointment.

(6)   

Amounts required for providing P’s package are to be charged on and paid out

15

of the Consolidated Fund.

(7)   

The Treasury may, by statutory instrument, make regulations for purposes

supplementary to this section so far as it relates to arrangements for pensions.

(8)   

Regulations under subsection (7) may provide for a statutory provision not to

apply, or to apply with modifications, in relation to arrangements for a pension

20

included in a remuneration package, including, in the case of a remuneration

package that makes provision within subsection (3), for the principal civil

service pension scheme to apply with modifications.

(9)   

A statutory instrument containing regulations under subsection (7) is subject

to annulment in pursuance of a resolution of the House of Commons.

25

72      

Resignation or removal of the Comptroller and Auditor General

(1)   

The person who is the Comptroller and Auditor General may resign from

office by giving written notice to the Prime Minister.

(2)   

Her Majesty may remove from office the person who is the Comptroller and

Auditor General on an address of both Houses of Parliament.

30

73      

Employment etc of a former Comptroller and Auditor General

(1)   

This section applies to a person (“P”) who was appointed to the office of the

Comptroller and Auditor General under this Part but who no longer holds that

office.

(2)   

Before—

35

(a)   

taking up an office or position, or

(b)   

entering into an agreement or other arrangements,

   

of a specified description, P must consult the specified person about the office,

position, agreement or arrangements.

(3)   

“Specified” means specified from time to time by the Commission.

40

(4)   

Subsections (5) and (6) apply for the period of two years starting with the day

after the day on which P ceased to be the Comptroller and Auditor General.

 
 

Constitutional Reform and Governance Bill
Part 10 — National audit

42

 

(5)   

P must not—

(a)   

hold an office or position for which P is appointed or recommended by

or on behalf of the Crown, or

(b)   

be a member, director, officer or employee of a body or other person

whose accounts are required by a statutory provision to be audited or

5

examined by, or to be open to the inspection of, the Comptroller and

Auditor General.

(6)   

P must not, in any capacity, provide services to—

(a)   

the Crown or any body or other person acting on behalf of the Crown;

(b)   

a body or other person whose accounts are required by a statutory

10

provision to be audited or examined by, or to be open to the inspection

of, the Comptroller and Auditor General.

(7)   

But subsections (5) and (6) do not stop P from holding any of the following

offices—

(a)   

the Auditor General for Scotland;

15

(b)   

the Auditor General for Wales;

(c)   

the Comptroller and Auditor General for Northern Ireland.

The National Audit Office

74      

Incorporation of the National Audit Office

(1)   

There is to be a body corporate called the National Audit Office.

20

(2)   

In Welsh it is called Y Swyddfa Archwilio Genedlaethol.

(3)   

In this Part “NAO” means the National Audit Office.

(4)   

Schedule 11 (which is about NAO) has effect.

75      

Interaction between NAO and the Comptroller and Auditor General

Schedule 12 (which is about the interaction between NAO and the Comptroller

25

and Auditor General) has effect.

76      

NAO’s expenditure

(1)   

NAO’s expenditure is to be paid out of money provided by Parliament.

   

(But see sections 71(6) and 78(1) and paragraph 6(2) of Schedule 11.)

(2)   

For each financial year, NAO and the Comptroller and Auditor General must

30

jointly prepare an estimate of NAO’s use of resources.

(3)   

This must cover (in particular) the resources required for the purposes of

paragraph 2(1) of Schedule 12 (which requires NAO to provide resources for

the Comptroller and Auditor General’s functions).

(4)   

The chair of NAO and the Comptroller and Auditor General must jointly

35

submit the estimate to the Commission.

(5)   

The Commission must—

(a)   

review the estimate, and

 
 

 
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