UKPGA-2010-25 Constitutional Reform and Governance Act 2010 UK

Subject to subsections (2) and (3), this Chapter applies to the civil service of the State.

This Chapter does not apply to the following parts of the civil service of the State—

Further, this Chapter—

In this Chapter references to the civil service—and references to civil servants are to be read accordingly.

There is to be a body corporate called the Civil Service Commission (“the Commission”).

Schedule 1 (which is about the Commission) has effect.

The Commission has the role in relation to selections for appointments to the civil service set out in sections 11 to 14.

See also—

The Minister for the Civil Service has the power to manage the civil service (excluding the diplomatic service).

The Secretary of State has the power to manage the diplomatic service.

The powers in subsections (1) and (2) include (among other things) power to make appointments.

But they do not cover national security vetting (and, accordingly, subsections (1) and (2) do not affect any power relating to national security vetting).

The agreement of the Minister for the Civil Service is required for any exercise of the power in subsection (2) in relation to—

In exercising his power to manage the civil service, the Minister for the Civil Service shall have regard to the need to ensure that civil servants who advise Ministers are aware of the constitutional significance of Parliament and of the conventions governing the relationship between Parliament and Her Majesty's Government.

All statutory management powers in effect when section 3 comes into force continue to have effect.

But those and all other statutory management powers are exercisable subject to section 3.

“Statutory management power” means a power in relation to the management of any part of the civil service conferred by an Act (whenever passed) or an instrument under an Act (whenever made).

“Act” includes—but excludes this Part of this Act.

Subsection (2) does not apply to a statutory management power conferred by the Superannuation Act 1965 or the Superannuation Act 1972 or an instrument under any of those Acts.

The Minister for the Civil Service must publish a code of conduct for the civil service (excluding the diplomatic service).

For this purpose, the Minister may publish separate codes of conduct covering civil servants who serve the Scottish Executive or the Welsh Assembly Government.

Before publishing a code (or any revision of a code) under subsection (2), the Minister must consult the First Minister for Scotland or the First Minister for Wales (as the case may be).

In this Chapter “civil service code” means a code of conduct published under this section as it is in force for the time being.

The Minister for the Civil Service must lay any civil service code before Parliament.

The First Minister for Scotland must lay before the Scottish Parliament any civil service code under subsection (2) that covers civil servants who serve the Scottish Executive.

The First Minister for Wales must lay before the National Assembly for Wales any civil service code under subsection (2) that covers civil servants who serve the Welsh Assembly Government.

A civil service code forms part of the terms and conditions of service of any civil servant covered by the code.

The Secretary of State must publish a code of conduct for the diplomatic service.

In this Chapter “diplomatic service code” means the code of conduct published under this section as it is in force for the time being.

The Secretary of State must lay the diplomatic service code before Parliament.

The diplomatic service code forms part of the terms and conditions of service of any civil servant covered by the code.

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 code. (The code may include other provision as well.)

The code must require civil servants who serve an administration mentioned 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 complexion.

The administrations are—

The code must require civil servants to carry out their duties—

But the code need not require special advisers (see section 15) to carry out their duties with objectivity or impartiality.

The Minister for the Civil Service must publish a code of conduct for special advisers (see section 15).

For this purpose, the Minister may publish separate codes of conduct covering special advisers who serve the Scottish Executive or the Welsh Assembly Government.

Before publishing a code (or any revision of a code) under subsection (2), the Minister must consult the First Minister for Scotland or the First Minister for Wales (as the case may be).

In this Chapter “special advisers code” means a code of conduct published under this section as it is in force for the time being.

Subject to subsection (6), a special advisers code must provide that a special adviser may not—

A special advisers code may permit a special adviser to exercise any power within subsection (5)(b) in relation to another special adviser.

In subsection (5)(c) “Act” includes—

The Minister for the Civil Service must lay any special advisers code before Parliament.

The First Minister for Scotland must lay before the Scottish Parliament any special advisers code under subsection (2) that covers special advisers who serve the Scottish Executive.

The First Minister for Wales must lay before the National Assembly for Wales any special advisers code under subsection (2) that covers special advisers who serve the Welsh Assembly Government.

A special advisers code forms part of the terms and conditions of service of any special adviser covered by the code.

This section applies in relation to any civil service code and the diplomatic service code; and “code” is to be read accordingly.

Subsection (3) applies if a civil servant (“P”) covered by a code has reason to believe—

P may complain to the Commission about the matter.

A code may include provision about the steps that must be taken by a civil servant before making a complaint (and P must take the steps accordingly).

The Commission—

For the purposes of the investigation or consideration of a complaint, the following must provide the Commission with any information it reasonably requires—

The revision of a code does not affect the application of this section in relation to anything occurring before the revision.

This section applies to the selection of persons who are not civil servants for appointment to the civil service.

A person's selection must be on merit on the basis of fair and open competition.

The following selections are excepted from this requirement—

In determining for the purposes of subsection (1) whether or not a person is a civil servant, ignore any appointment for which the person was selected in reliance on subsection (3).

But, in relation to persons selected in reliance on subsection (3)(c), the recruitment principles may disapply subsection (4) in specified cases.

The Commission must publish a set of principles to be applied for the purposes of the requirement in section 10(2).

Before publishing the set of principles (or any revision of it), the Commission must consult the Minister for the Civil Service.

In this Chapter “recruitment principles” means the set of principles published under this section as it is in force for the time being.

Civil service management authorities must comply with the recruitment principles.

The recruitment principles may include provision—

The Commission may participate in the process for a selection for which its approval is required by provision within subsection (1)(a).

It is up to the Commission to decide how it will participate.

Provision within subsection (1)(b) may be included only if the Commission is satisfied—

Provision within subsection (1)(a) or (b) may be made in any way, including (for example) by reference to—

Provision within subsection (1)(b) may also (for example)—

Provision within subsection (1)(a) or (b) may confer discretions on the Commission or civil service management authorities.

Subsection (2) applies if a person has reason to believe that a selection for an appointment has been made in contravention of the requirement in section 10(2).

The person may complain to the Commission about the matter.

The Commission—

For the purposes of the investigation or consideration of a complaint, the following must provide the Commission with any information it reasonably requires—

The Commission must carry out whatever reviews of recruitment policies and practices it thinks are necessary to establish—

For this purpose, civil service management authorities must provide the Commission with any information it reasonably requires.

In this Chapter “special adviser” means a person (“P”) who holds a position in the civil service serving an administration mentioned below and whose appointment to that position meets the applicable requirements set out below.

In subsection (1), in relation to an appointment for which the selection is made personally by a person designated under section 45(4) of the Scotland Act 1998 or section 46(5) of the Government of Wales Act 2006, the reference to the person who selected P ceasing to hold office as First Minister for Scotland or Wales (as the case may be) is to be read as a reference to the designated person ceasing to be able to exercise the functions of the First Minister by virtue of the designation.

The Minister for the Civil Service must—

The First Minister for Scotland must—

The First Minister for Wales must—

A report under this section must contain information about the number and cost of the special advisers.

The Minister for the Civil Service and the Commission may agree that the Commission is to carry out functions in relation to the civil service in addition to those given to it under the other provisions of this Chapter.

The Commission is to carry out those additional functions accordingly.

For the purposes of any additional function, civil service management authorities must provide the Commission with any information it reasonably requires.

In this Chapter—“civil servant” is read as stated in section 1(4);“civil service” is read as stated in section 1(4);“civil service code” is defined in section 5(4);“civil service management authority” means any person involved in the management of any part of the civil service;“the Commission” is defined in section 2(1);“diplomatic service” means Her Majesty's diplomatic service;“diplomatic service code” is defined in section 6(2);“function” includes power or duty;“information” means information recorded in any form;“recruitment principles” is defined in section 11(3);“special adviser” is defined in section 15;“special advisers code” is defined in section 8(4).

Subsection (3) applies for the purposes of sections 9(6), 13(4), 14(2) and 17(3).

No person may be required to provide information which the person could not be compelled to provide in civil proceedings before the High Court or the Court of Session.

Subject to what follows, a treaty is not to be ratified unless—

Period A is the period of 21 sitting days beginning with the first sitting day after the date on which the requirement in subsection (1)(a) is met.

Subsections (4) to (6) apply if the House of Commons resolved as mentioned in subsection (1)(c) (whether or not the House of Lords also did so).

The treaty may be ratified if—

Period B is the period of 21 sitting days beginning with the first sitting day after the date on which the requirement in subsection (4)(a) is met.

A statement may be laid under subsection (4)(a) in relation to the treaty on more than one occasion.

Subsection (8) applies if—

The treaty may be ratified if a Minister of the Crown has laid before Parliament a statement indicating that the Minister is of the opinion that the treaty should nevertheless be ratified and explaining why.

“Sitting day” means a day on which both Houses of Parliament sit.

A Minister of the Crown may, in relation to a treaty, extend the period mentioned in section 20(1)(c) by 21 sitting days or less.

The Minister does that by laying before Parliament a statement—

The statement must be laid before the period would have expired without the extension.

The Minister must publish the statement in a way the Minister thinks appropriate.

The period may be extended more than once.

Section 20 does not apply to a treaty if a Minister of the Crown is of the opinion that, exceptionally, the treaty should be ratified without the requirements of that section having been met.

But a treaty may not be ratified by virtue of subsection (1) after either House has resolved, as mentioned in section 20(1)(c), that the treaty should not be ratified.

If a Minister determines that a treaty is to be ratified by virtue of subsection (1), the Minister must, either before or as soon as practicable after the treaty is ratified—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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—

Section 20 does not apply to a treaty in relation to which an order may be made under paragraph 66 of Schedule 19 to the Finance Act 2011 (bank levy: arrangements affording double taxation relief).

Section 20 does not apply to any treaty referred to in section 218(1) of the Finance Act 2012.

Section 20 does not apply to a treaty concluded (under authority given by the government of the United Kingdom) by the government of a British overseas territory, of any of the Channel Islands or of the Isle of Man.

Section 20 does not apply to a treaty a copy of which is presented to Parliament by command of Her Majesty before that section comes into force.

In this Part “treaty” means a written agreement—

But “treaty” does not include a regulation, rule, measure, decision or similar instrument made under a treaty (other than one that amends or replaces the treaty (in whole or in part)).

In this Part a reference to ratification of a treaty is a reference to an act of a kind specified in subsection (4) which establishes as a matter of international law the United Kingdom's consent to be bound by the treaty.

The acts are—

For section 3(3) and (4) of the Parliamentary Standards Act 2009 (Commissioner for Parliamentary Investigations) substitute—

For Schedule 2 to that Act substitute the Schedule set out in Schedule 3.

Schedule 3 to the Parliamentary Standards Act 2009 (Speaker's Committee for the Independent Parliamentary Standards Authority) is amended as follows.

In paragraph 1—

For the heading of paragraph 2 substitute “ Appointed members ”.

After paragraph 2 insert—

The Parliamentary Standards Act 2009 is amended as follows.

After section 3 insert—

In section 5 (MPs' allowances scheme) after subsection (5) insert—

In section 6 (dealing with claims under the MPs' allowances scheme) after subsection (7) insert—

For section 4 of the Parliamentary Standards Act 2009 (MPs' salaries) substitute—

The first determination under section 4(4) of the Parliamentary Standards Act 2009 does not have to come into effect before 1 April 2012; and section 4A(6)(a) of that Act does not apply in relation to a Parliament that begins before that date.

Until the first determination under section 4(4) of that Act comes into effect, the amounts of the salaries payable by the Independent Parliamentary Standards Authority under section 4 of that Act are to be determined in accordance with the relevant resolutions of the House of Commons.

Section 6 of the Parliamentary Standards Act 2009 (dealing with claims under the MPs' allowances scheme) is amended as follows.

Omit subsections (4) and (5).

In subsection (6) for paragraph (b) substitute—

After subsection (6) insert—

After section 6 of that Act insert—

In section 7 of that Act (information and guidance about taxation)—

After section 9A of the Parliamentary Standards Act 2009 insert—

After Schedule 3 to that Act insert the Schedule set out in Schedule 4.

The European Parliament (Pay and Pensions) Act 1979 is amended as follows.

In section 3 (resettlement grants for persons ceasing to be MEPs) for subsections (1) to (3) substitute—

Omit section 3A (power to amend section 3).

In section 7(1)(b) (expenses and receipts) for “grant” substitute “ allowance ”.

Subsection (2) applies if a person is for any part of a tax year—

The person is to be treated—

For the purposes of this section a person—

For the purposes of this section and section 42 a person is a member of the House of Lords if the person is entitled to receive writs of summons to attend that House.

In relation to a member of the House of Lords, in subsection (1) the reference to any part of a tax year excludes any part of the year during which—

This section applies in relation to the tax year 2010-11 and subsequent tax years.

But in applying this section to the tax year 2010-11—

In this section, in relation to inheritance tax—

In determining for the purposes of this section and section 42 whether a person is entitled to receive writs of summons to attend the House of Lords, ignore—

This section applies if, before the end of the period of 3 months beginning with the day on which this section comes into force, a member of the House of Lords (“M”) gives written notice to the Clerk of the Parliaments that M does not want section 41 to apply to M.

M shall not be a member of the House of Lords at any time after the notice is given and accordingly—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

... M ceases to be disqualified by virtue of M's peerage (or dignity) for—

But subsection (5)(b) does not apply before the end of the period of three years beginning with the date on which the notice is given.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

If, after the notice is given, a peerage is conferred on M ..., subsection (2) above does not stop M being entitled to receive writs of summons to attend the House of Lords by virtue of that peerage. ....

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

A person to whom regulation 4 of the European Parliament (House of Lords Disqualification) Regulations 2008 (S.I. 2008/1647) applies is to be treated as a member of the House of Lords for the purposes of this section.

The Government Resources and Accounts Act 2000 is amended as follows.

After section 4 insert—

In section 5(1) (resource accounts: preparation), for paragraphs (a) and (b) substitute—

In section 6(1) (resource accounts: scrutiny by the Comptroller and Auditor General), for paragraph (d) substitute—

Part 5 of the Government of Wales Act 2006 (finance) is amended as follows.

After section 126 insert—

Schedule 8 (Auditor General for Wales) is amended as follows.

In paragraph 13 (accounts of Auditor General), after sub-paragraph (1) insert—

In paragraph 15 (audit of accounts of Auditor General)—

In paragraph 17(8) (access of Auditor General to documents), after paragraph (b) insert—.

In paragraph 16 of Schedule 1 to the Public Services Ombudsman (Wales) Act 2005 (accounts), after sub-paragraph (1) insert—

In section 3 of the Public Records Act 1958 (selection and preservation of public records)—

The Lord Chancellor may by order make transitional, transitory or saving provision in connection with the coming into force of subsection (1)(a).

An order under subsection (2) may in particular—

An order under this section is to be made by statutory instrument.

A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Schedule 7 (which makes amendments of the Freedom of Information Act 2000) has effect.

The Secretary of State may by order make transitional, transitory or saving provision in connection with the coming into force of paragraph 4 of Schedule 7 (which reduces from 30 years to 20 years the period at the end of which a record becomes a historical record for the purposes of Part 6 of the Freedom of Information Act 2000).

An order under subsection (2) may in particular—

An order under subsection (2) is to be made by statutory instrument.

A statutory instrument containing an order under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament.

For the avoidance of doubt, the repeal in section 18(7) of the Electoral Administration Act 2006 of the entry in Schedule 7 to the British Nationality Act 1981 (entry which modified certain disqualifications imposed by section 3 of the Act of Settlement) applied only so far as the modification made by that entry related to—

Section 3 of the Act of Settlement has effect accordingly, and has done so since the coming into force of section 18 of the Electoral Administration Act 2006.

Schedule 1 to the Representation of the People Act 1983 (parliamentary elections rules) is amended as follows.

In rule 44 (attendance at counting of votes) after paragraph (5) insert—

In rule 45 (the count)—

After rule 53 insert—

A Minister of the Crown, or two or more Ministers of the Crown acting jointly, may by order make such provision as the Minister or Ministers consider appropriate in consequence of any provision of this Act.

An order under subsection (1) may—

“Existing statutory provision” means—

An order under subsection (1) is to be made by statutory instrument.

A statutory instrument containing an order under subsection (1) which amends or repeals a provision of an Act may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

A statutory instrument containing an order under subsection (1) which does not amend or repeal a provision of an Act is subject to annulment in pursuance of a resolution of either House of Parliament.

An amendment or repeal contained in this Act has the same extent as the Act or instrument or relevant part of the Act or instrument to which the amendment or repeal relates (ignoring extent by virtue of an Order in Council).

This Act comes into force on such day as a Minister of the Crown, or two or more Ministers of the Crown acting jointly, may by order appoint; and different days may be appointed for different purposes.

Subsection (2) does not apply to the following provisions of this Act (which accordingly come into force on the day this Act is passed)—

A Minister of the Crown, or two or more Ministers of the Crown acting jointly, may by order make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.

An order under subsection (2) or (4) is to be made by statutory instrument.

This Act may be cited as the Constitutional Reform and Governance Act 2010.

The Commission is to consist of at least seven members.

One of those is to be the First Civil Service Commissioner appointed under paragraph 2.

The others are to be Civil Service Commissioners appointed under paragraph 3.

This paragraph is about the appointment of the First Civil Service Commissioner (“First Commissioner”).

The First Commissioner is appointed by Her Majesty on the recommendation of the Minister for the Civil Service.

A person's selection for recommendation must be on merit on the basis of fair and open competition.

Before selecting a person, the Minister must consult—

The terms on which the First Commissioner holds office are determined by the Minister for the Civil Service.

The period of the appointment is to be no more than five years.

A person cannot be appointed as First Commissioner more than once.

The relevant opposition leaders are the registered leaders of the registered parties in opposition to Her Majesty's Government in the United Kingdom which had the highest and second highest national vote at the previous parliamentary general election.

In sub-paragraph (8)—“registered leader”, in relation to a party, means the person registered as that party's leader in accordance with section 24 of the Political Parties, Elections and Referendums Act 2000;“registered party” means a party registered in a register of political parties maintained by the Electoral Commission in accordance with section 23 of that Act.

This paragraph is about the appointment of Civil Service Commissioners (“Commissioners”).

A Commissioner is appointed by Her Majesty on the recommendation of the Minister for the Civil Service.

A person's selection for recommendation must be on merit on the basis of fair and open competition.

A person must not be selected without the agreement of the First Commissioner.

The terms on which a Commissioner holds office are determined by the Minister.

The period of the appointment is to be no more than five years.

The Minister must not make a determination under sub-paragraph (5) without the agreement of the First Commissioner.

A person cannot be appointed as a Commissioner more than once.

A person cannot be a Commissioner and the First Commissioner at the same time.

But, if the office of First Commissioner is vacant, the Minister may authorise a Commissioner to carry out the functions of First Commissioner until the vacancy is filled.

Sub-paragraphs (12) and (13) apply in relation to the appointment as Commissioner of a person holding another public office (including an office under the Crown) if the Minister and the First Commissioner are both satisfied that the functions of the other public office are concerned with matters similar to matters with which the Commission's functions are concerned.

The Minister and the First Commissioner may agree to disapply sub-paragraph (3) or (6).

The terms determined under sub-paragraph (5) may—

The terms mentioned in paragraph 2(5) or 3(5) may provide for the Commission—

The Commission must make the payments or provision accordingly.

This paragraph is about resignation or removal from the office of First Commissioner or Commissioner.

A person may resign from office by giving written notice to the Minister for the Civil Service.

Her Majesty may, on the recommendation of the Minister, remove a person from office if a condition in sub-paragraph (4) is met.

The conditions are that—

For the purpose of determining if a person is convicted of an offence—

A person becomes bankrupt if—

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

The Commission's property is not to be regarded as property of, or held on behalf of, the Crown.

The Commission may do anything calculated to facilitate, or incidental or conducive to, the carrying out of any of its functions.

But the Commission may not borrow money except with the agreement of the Minister for the Civil Service.

Nothing in this Schedule which specifies powers of the Commission limits the generality of sub-paragraph (1).

The Commission may establish committees.

A committee of the Commission may establish sub-committees.

Members of a committee or sub-committee may include persons who are not members of the Commission.

The Commission may regulate its own procedure, and the procedure of its committees and sub-committees, including quorum.

The validity of proceedings of the Commission or a committee or sub-committee is not affected by—

Employment by the Commission is included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 may apply.

The offices of First Commissioner and Commissioner are included among the offices to which such a scheme may apply.

Accordingly, in Schedule 1 to the Superannuation Act 1972 (kinds of employment to which a scheme under section 1 of that Act may apply)—

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.

The payments must be made at the times directed by the Minister.

The Commission may make arrangements with other persons for the provision of assistance to the Commission.

In particular, arrangements may be made with the Minister for the Civil Service for civil servants to provide assistance.

Arrangements may provide for the making of payments by the Commission.

The Commission may delegate functions to—

A committee may delegate functions (including functions delegated to it) to a sub-committee.

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.

When making a payment, the Minister may impose conditions—

Before making a determination under sub-paragraph (1) or imposing a condition under sub-paragraph (2), the Minister must consult the Commission.

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

The Commission must prepare a statement of accounts for each financial year (see paragraph 18).

The statement must give a true and fair view of—

The statement must be in compliance with any directions given by the Minister for the Civil Service with the Treasury's approval as to—

The Commission must send the statement to the Minister at such time as the Minister may direct.

The Minister must then send the statement to the Comptroller and Auditor General.

The Comptroller and Auditor General must—

The Commission—

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.

The Commission must then publish the report in the way the Commission thinks appropriate.

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).

The First Minister for Scotland must lay a copy of the report before the Scottish Parliament.

The First Minister for Wales must lay a copy of the report before the National Assembly for Wales.

The application of the Commission's seal is to be authenticated by the signature of any of the following—

A document purporting to be duly executed under the Commission's seal or signed on its behalf—

This paragraph does not extend to Scotland.

Amend section 2 as follows.

In subsections (2) and (3) for “Home Civil Service” (wherever appearing) substitute “ statutory home civil service ”.

After subsection (4) insert—

Amend section 1 as follows.

For subsections (1) and (2) substitute—

Omit subsection (5).

For the italic cross-heading before section 1 substitute “ Civil service (excluding the diplomatic service) ”.

Amend section 51 as follows.

In subsection (2) for “Home Civil Service” substitute “ civil service of the State ”.

For subsection (3) substitute—

For subsection (4) substitute—

Omit subsection (9).

Amend section 24 as follows.

In subsection (3)(c)(iii) for “Her Majesty's Home Civil Service” substitute “ the statutory home civil service ”.

After subsection (7) insert—

Amend section 81 as follows.

In subsection (7) for “home civil service or diplomatic service” substitute “ statutory civil service (or any part of it) ”.

After subsection (7) insert—

Amend section 52 as follows.

In subsection (7) for “Her Majesty's Home Civil Service” substitute “ the statutory home civil service ”.

After subsection (7) insert—

Amend section 101 as follows.

In subsection (5) for “home civil service or diplomatic service” substitute “ statutory civil service (or any part of it) ”.

After subsection (5) insert—

Amend section 52 as follows.

In subsections (2) and (9) for “Home Civil Service” substitute “ civil service of the State ”.

For subsection (3) substitute—

For subsection (4) substitute—

Omit subsection (10).

Amend section 3 as follows.

In subsection (2) for “Home Civil Service” (wherever appearing) substitute “ statutory home civil service ”.

After subsection (3) insert—

Amend Schedule 12 as follows.

In paragraphs 13(3) and 16(2)(a) and (b) for “Her Majesty's Home Civil Service” substitute “ any part of the statutory home civil service ”.

In paragraph 20(2), after the definition of “enactment”, insert—.

Amend Schedule 1 as follows.

For “Head of the Home Civil Service” (wherever appearing) substitute “ designated permanent secretary ”.

After paragraph 12(2)(d) insert—.

This paragraph applies for the purposes of this Part of this Schedule.

A person is a “member of the old commission” if the person is one of Her Majesty's Civil Service Commissioners for the purposes of the 1995 Order or the 1991 Order.

References to “the old commission” are to be read accordingly.

A person is “head of the old commission” if the person is the First Civil Service Commissioner in relation to the old commission.

“Commission” has the same meaning as in Chapter 1 of this Part of this Act.

“First Commissioner” and “Commissioner” have the same meanings as in Schedule 1 to this Act.

“The 1995 Order” and “the 1991 Order” mean, respectively, the Civil Service Order in Council 1995 and the Diplomatic Service Order in Council 1991.

The person who is head of the old commission immediately before section 2 of this Act comes into force becomes the First Commissioner on that section coming into force.

Sub-paragraphs (3) and (4) below apply instead of paragraph 2(5) and (6) of Schedule 1 to this Act.

The person holds office as the First Commissioner for a period equal to the remaining part of the period for which the person was appointed as head of the old commission.

The other terms on which the person holds office as the First Commissioner are—

If those terms provide for the payment of remuneration or allowances or make provision for a pension, the Commission must make the payments or provision accordingly.

The person's becoming First Commissioner as a result of this paragraph is not an appointment for the purposes of paragraph 2(7) of Schedule 1 to this Act.

This paragraph applies if the person who is the First Commissioner is a former head of the old commission.

The period for which the person is to hold office (apart from this sub-paragraph) is reduced so far as necessary to ensure compliance with the five year rule.

The five year rule is that the total of the following must not exceed five years—

The persons who are members of the old commission immediately before section 2 comes into force become Commissioners on that section coming into force.

Sub-paragraph (1) does not apply to the person who is the head of the old commission.

Sub-paragraphs (4) and (5) below apply instead of paragraph 3(5) and (6) of Schedule 1 to this Act.

A person holds office as Commissioner for a period equal to the remaining part of the period for which the person was appointed as a member of the old commission.

The other terms on which the person holds office as Commissioner are—

If those terms provide for the payment of remuneration or allowances or make provision for a pension, the Commission must make the payments or provision accordingly.

The person's becoming Commissioner as a result of this paragraph is not an appointment for the purposes of paragraph 3(8) of Schedule 1 to this Act.

This paragraph applies if a person who is a Commissioner is a former member of the old commission.

The period for which the person is to hold office (apart from this sub-paragraph) is reduced so far as necessary to ensure compliance with the five year rule.

The five year rule is that the total of the following must not exceed five years—

Sub-paragraph (3)(a) and (b) does not include any period for which the person is also Her Majesty's Commissioner for Public Appointments.

Sub-paragraph (3)(b) does not include any period for which the person is also head of the old commission.

This paragraph applies in relation to an audit under article 4(3) of the 1995 Order or the 1991 Order that is started, but not completed, before the coming into force of section 2 of this Act.

So far as the audit is within the Commission's function under section 14 of this Act, the Commission may continue and complete the audit.

This paragraph applies in relation to an appeal under article 4(5) of the 1995 Order or the 1991 Order that is made, but not determined, before the coming into force of section 2 of this Act.

The Commission may continue with and determine the appeal and paragraphs (a) to (c) of article 4(5) of the 1995 Order or the 1991 Order (as the case may be) continue to apply accordingly.

For this purpose it does not matter if Chapter 1 of this Part of this Act does not apply to the appellant or any party mentioned in article 4(5)(b) of the 1995 Order or the 1991 Order (as the case may be).

This paragraph applies in relation to a matter occurring before the coming into force of section 2 of this Act which could have been made the subject of an appeal under article 4(5) of the 1995 Order or the 1991 Order immediately before the coming into force of that section.

The Commission may hear and determine an appeal in relation to the matter and article 4(5) of the 1995 Order or the 1991 Order (as the case may be) is to apply accordingly.

For this purpose it does not matter if Chapter 1 of this Part of this Act does not apply to the appellant or any party mentioned in article 4(5)(b) of the 1995 Order or the 1991 Order (as the case may be).

This paragraph applies to the first report that the Commission is required to prepare under paragraph 17(1)(a) of Schedule 1 to this Act.

The report must, for the relevant period, include the information required by—

For this purpose it does not matter if any of that information relates to a part of the civil service of the State to which Chapter 1 of this Part of this Act does not apply.

“The relevant period” means the period—

The Minister for the Civil Service may make a scheme—and the transfer has effect in accordance with the terms of the scheme.

The scheme may operate in relation to property, rights and liabilities—

The scheme may include supplementary, incidental, transitional, transitory or saving provision, including (in particular) provision—

The Minister for the Civil Service must make arrangements for the Commission to be provided with any information—

For the purposes of the Data Protection Act 1998 and the Freedom of Information Act 2000, any requests made to the old commission relating to information provided to the Commission under sub-paragraph (1) are to be dealt with by the Commission (so far as they were not dealt with by the old commission).

During the preparatory period the old commission may carry out, in the name and on behalf of the Commission, any functions given to the Commission by Schedule 1 to this Act.

“The preparatory period” is the period that—

In this Part of this Schedule “old management functions” means functions that cease to be exercisable on the coming into force of section 3 of this Act.

Section 16(1) of the Interpretation Act 1978 applies in relation to an old management function ceasing to be exercisable as if—

So far as not covered by sub-paragraph (2), section 16(1) of the 1978 Act applies in relation to the revocation of an Order in Council by Part 2 of this Schedule as if it were the repeal of an Act.

Anything done under old management functions by—is treated as done under subsection (1) or (2) of section 3 of this Act (as the case may be) so far as necessary or appropriate for continuing its effect after the coming into force of section 3.

Civil servants who, immediately before section 3 comes into force, held their positions in the civil service under or subject to old management functions, continue to hold their positions but under or subject to subsection (1) or (2) of that section (as the case may be).

The powers in subsections (1) and (2) of section 3 may (in particular) be used to deal with transitional matters.

Section 1 of this Act applies for the purposes of this paragraph as it applies for the purposes of Chapter 1 of this Part of this Act.

So far as—the subject matter of the Order or function reverts to Her Majesty and may be dealt with (including delegated) by Her accordingly.

Civil servants who, immediately before this paragraph comes into force, held their positions in the civil service of the State under or subject to—continue to hold their positions but on the basis mentioned in sub-paragraph (1).

“Relevant transferred function” means a function which—

In determining for the purposes of section 10(1) of this Act whether or not a person is a civil servant, ignore any appointment for which the person was selected in reliance on an exception made by the old commission (within the meaning of Part 3 of this Schedule) from a requirement for selection for the appointment to be on merit on the basis of fair and open competition.

But the recruitment principles (within the meaning of Chapter 1 of this Part of this Act) may disapply sub-paragraph (1) in specified cases.

This paragraph applies to a person who, immediately before the coming into force of this paragraph, holds a position in the civil service of the State for which the person was selected for appointment in reliance on article 3(2), (4) or (5) of the Civil Service Order in Council 1995.

For the purposes of Chapter 1 of this Part of this Act the person is treated as a special adviser so long as the person remains in that position on the same terms and conditions.

Section 12 (interpretation) is amended as follows.

In subsection (1)—

In subsection (2)—

Section 13 (transitional provision) is amended as follows.

Omit subsection (2)(b) and (c).

In subsection (4) and (6)(c) for “Commissioner” substitute “ Compliance Officer ”.

Schedule 1 (the IPSA) is amended as follows.

Omit paragraph 10 and the heading above it.

In paragraph 18(1)—

In paragraph 18(2)—

In paragraph 22(8) for “Any repayments” substitute “ Any payments received by the IPSA as a result of a repayment direction under Schedule 4, and any repayments otherwise ”.

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). ”

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

In section 8(1) (interpretation) omit the definition of “ “a Member's ordinary salary” and “a Member's pensionable salary””.

Section 82 (limits on salaries of MSPs) is amended as follows.

In subsection (1)—

In subsection (2)(b) for “(1)(a)” substitute “ (1)(za), (a) ”.

Section 21 (limits on salaries of Assembly members) is amended as follows.

In subsection (1)—

In subsection (2)(b) for “(1)(a)” substitute “ (1)(za), (a) ”.

The following are to be the trustees of the Fund—

Paragraphs 49 and 50 make transitional provision about the trustees of the Fund.

The trustees of the Fund must make arrangements for the nomination and selection of member-nominated trustees.

The arrangements must provide for the member-nominated trustees to be—

The arrangements must—

The arrangements may include provision that where the number of nominations received is equal to or less than the number of vacancies, the nominees are to be treated as selected (subject to sub-paragraph (3)(c)).

The IPSA may, with the consent of the Treasury, provide for remuneration and allowances to be payable to the trustees of the Fund.

Any such remuneration and allowances are to be paid from the assets of the Fund.

A person appointed as a trustee of the Fund by the IPSA under paragraph 2(1)(a)—

A person appointed as a trustee of the Fund by the Minister for the Civil Service under paragraph 2(1)(b)—

A person who is a member-nominated trustee—

Subject to any provisions contained in a scheme under paragraph 8 because of paragraph 8(1)(d), the trustees of the Fund may determine their own procedure.

The validity of any proceedings of the trustees of the Fund is not affected by—

The trustees of the Fund may invest the assets of the Fund, whether at the time in a state of investment or not, in any investment whatever and may also from time to time vary any such investments.

The trustees of the Fund may settle or compromise any claim or dispute relating to the Fund, but—

The IPSA must consult the Minister for the Civil Service before giving its consent to the settlement or compromise of a claim or dispute relating to a scheme under paragraph 8.

Section 35(1) to (4) of the Pensions Act 1995 (pension scheme trustees must prepare statement of investment principles) applies to the trustees of the Fund despite any provision in regulations under section 35 of that Act which would (apart from this sub-paragraph) prevent it applying.

Any provision in regulations under that section which would require the trustees of the Fund to consult the employer applies as if it required them to consult the IPSA and the Minister for the Civil Service.

The IPSA may make a scheme containing provision about—

A scheme under this paragraph may in particular—

In sub-paragraph (2)(c) the reference to subordinate legislation does not include a scheme under this paragraph.

No provision of a scheme under this paragraph is to be construed as restricting the powers of the trustees under paragraph 7(1).

The IPSA may make a scheme under paragraph 8 only with the consent of the trustees of the Fund.

Before making a scheme under paragraph 8 the IPSA must consult—

The IPSA must send to the Speaker of the House of Commons for laying before the House of Commons—

When the scheme and the statement of reasons have been laid, the IPSA must publish them in a way it considers appropriate.

In respect of each financial year an Exchequer contribution is to be paid into the Fund out of money provided by Parliament.

Subject to any provision made by the IPSA under paragraph 11, the amount of the contribution for any financial year is to be calculated in accordance with recommendations for that year contained in a report made by the Government Actuary under this paragraph.

The Government Actuary must make a report under this paragraph as soon as practicable after the beginning of—

The “relevant date” means the date immediately following the end of the three year period which is current for the purposes of section 3 of the Parliamentary and other Pensions Act 1987 when this paragraph comes into force.

The report is to be made to—

The report must—

The rate is to be expressed by reference to such matters as the Government Actuary considers appropriate.

A copy of every report made by the Government Actuary under this paragraph is to be laid before the House of Commons.

The IPSA may, with the relevant consents, make provision for determining the Exchequer contribution in respect of any financial year.

The “relevant consents” means—

The “Exchequer contribution” means the amount to be paid into the Fund under paragraph 10.

Before making provision under this paragraph the IPSA must consult—

The IPSA must send to the Speaker of the House of Commons for laying before the House of Commons—

When the provision and the statement of reasons have been laid, the IPSA must publish them in a way it considers appropriate.

Provision under this paragraph may—

The IPSA may make a scheme containing provision about the application of the assets of the Fund in or towards the provision of pensions for or in respect of persons with service as a member of the House of Commons, in respect of that service.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

For the purposes of this Schedule a person is to be treated as in service as a member of the House of Commons at any time if at that time a salary is or was payable to the person under—

For the purposes of this Schedule service as a member of the House of Commons includes service as the holder of a qualifying office or position.

In relation to a time when a determination under section 4(4) of the Parliamentary Standards Act 2009 is in effect a “qualifying office or position” means an office or position in respect of which, because of section 4A(2) of that Act, a higher salary is payable than the salary payable to members of the House of Commons generally.

In relation to a time before the first determination under section 4(4) of the Parliamentary Standards Act 2009 comes into effect a “qualifying office or position” means—

A scheme under paragraph 12 may in particular—

In sub-paragraph (1)(e) the reference to subordinate legislation does not include a scheme under paragraph 12.

Before making a scheme under paragraph 12 the IPSA must consult—

The IPSA must send to the Speaker of the House of Commons for laying before the House of Commons—

When the scheme and the statement of reasons have been laid, the IPSA must publish them in a way it considers appropriate.

The reference in sub-paragraph (1)(f) to the Review Body on Senior Salaries—

Any question arising under sub-paragraph (4) is to be determined by the Speaker of the House of Commons.

The Minister for the Civil Service may make a scheme containing provision about the application of the assets of the Fund in or towards the provision of pensions for or in respect of persons with service to which this paragraph applies, in respect of that service.

This paragraph applies to service as—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

A scheme under paragraph 16 may in particular—

In sub-paragraph (1)(e) the reference to subordinate legislation does not include a scheme under paragraph 16.

Before making a scheme under paragraph 16 the Minister for the Civil Service must consult—

The Minister for the Civil Service must lay before each House of Parliament—

When the scheme and the statement of reasons have been laid, the Minister must publish them in a way the Minister considers appropriate.

This paragraph applies where—(the “new scheme”).

The new scheme must not make any provision in relation to an accrued right which puts (or might put) a person in a worse position than the person would have been in apart from the provision.

Sub-paragraph (2) does not apply if—

The consent requirement is met if under the new scheme the provision has effect in relation to an accrued right only with the written consent, given in accordance with sub-paragraph (5), of—

Consent is given in accordance with this sub-paragraph if it is given after the person making the scheme has given P (or the survivors)—

Consent may be given by a person acting on behalf of P (or the survivors); and the references in sub-paragraph (5) to P (or the survivors) include a person acting on their behalf.

In sub-paragraph (4)(a) “service” means—

This paragraph applies for the interpretation of paragraph 19.

“Accrued right”, in relation to a provision of the new scheme, means a right (including a contingent right) or entitlement to or in respect of a pension or future pension payable out of the Fund which has accrued in respect of service before the provision comes into force.

Where the new scheme is a scheme under paragraph 12, in this paragraph “service” means service as a member of the House of Commons.

Where the new scheme is a scheme under paragraph 16, in this paragraph “service” means service to which that paragraph applies.

The Minister for the Civil Service may by order make such modifications of any enactment or subordinate legislation (whenever passed or made) as the Minister considers appropriate in consequence of any provision of a scheme made by the IPSA or the Minister for the Civil Service under this Part of this Schedule.

In sub-paragraph (1) the reference to subordinate legislation does not include a scheme made by the IPSA or the Minister for the Civil Service under this Part of this Schedule.

An order under this paragraph is to be made by statutory instrument.

A statutory instrument containing an order under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament (subject to sub-paragraph (5)).

A statutory instrument containing an order made under this paragraph in consequence only of a scheme under paragraph 12 is subject to annulment in pursuance of a resolution of the House of Commons.

A scheme made by the IPSA under paragraph 8 or 12 may amend or revoke any previous scheme made by the IPSA under that paragraph.

A scheme made by the Minister for the Civil Service under paragraph 16 may amend or revoke any previous scheme made by the Minister under that paragraph.

For the purposes of this Schedule “member”—

In this Part of this Schedule—“the Fund” means the Parliamentary Contributory Pension Fund;“the IPSA” means the Independent Parliamentary Standards Authority;“member-nominated trustee” has the meaning given by paragraph 2;“modifications” includes additions, alterations and omissions (and related expressions are to be read accordingly);“pension” includes gratuity;“subordinate legislation” has the same meaning as in the Interpretation Act 1978.

In this Part of this Schedule “relevant service”—

Expressions defined in relation to Part 1 of this Schedule have the same meaning in this Part of this Schedule as in that Part.

Provision for the application of assets of the Fund in or towards the provision of pensions to be paid otherwise than out of the Fund.

In connection with such provision, provision for the payment into the Fund out of money provided by Parliament of sums in addition to those paid into the Fund under paragraph 10.

Provision for the payment and receipt of transfer values by the trustees of the Fund (including provision for the payment of such values into the Consolidated Fund).

Provision for the transfer and receipt by the trustees of the Fund of funds or policies of insurance in lieu of transfer values.

Provision as to the circumstances and manner in which amounts equal to some or all of the contributions and other sums paid by or on behalf of a person into the Fund may be repaid or paid to that person.

Provision as to the circumstances and manner in which any such amounts are to be paid out of the Consolidated Fund in respect of transfer values paid into that Fund.

Provision under sub-paragraph (1) or (2) may include provision as to whether any repayment or payment made under that provision is to be made with or without interest.

Where the scheme provides for the normal or deferred pension age of a person under the scheme to be the same as the person's state pension age, provision for a change in the person's normal or deferred pension age in consequence of such provision to apply in relation to relevant accrued benefits (as well as other benefits).

Accordingly, paragraph 19(2) (protection of accrued rights) is to be disregarded in relation to any such provision.

In this paragraph—

Part 1 of Schedule 2 is amended as follows.

For paragraph 3A substitute—

In paragraph 3B for “an order” substitute “ a scheme ”.

Section 4 (pensions) is amended as follows.

In subsection (1)—

In subsection (2)—

In subsection (3)—

In subsection (3A), for “An order” substitute “ A scheme ”.

For subsection (4) substitute—

For subsection (5) substitute—

After subsection (7) insert—

Section 6 (block transfer into another pension scheme) is amended as follows.

In subsection (1)—

In subsection (2)—

In subsection (4), in the definition of “the relevant pension provisions”—

Section 7 (expenses and receipts) is amended as follows.

In subsection (1)(c) (expenses and receipts)—

In subsection (1)(d) for “an order” substitute “ a direction ”.

Section 8 is amended as follows.

In subsection (1) (interpretation)—

Omit subsection (2).

The existing regulations have effect (subject to any provision in an order under section 51 of this Act)—

An order under section 51 or 52 of this Act may provide for any provision of the existing regulations which—

If it does so a scheme under paragraph 8 may—

An order under section 51 or 52 of this Act may provide for any provision of the existing regulations which—

If it does so a scheme under paragraph 12 may—

An order under section 51 or 52 of this Act may provide for any provision of the existing regulations which—to have effect as if contained in a scheme under that paragraph.

If it does so a scheme under paragraph 16 may—

“The existing regulations” means the regulations under section 2 of the Parliamentary and other Pensions Act 1987 in force immediately before the date specified in an order made by a Minister of the Crown by statutory instrument.

An order under sub-paragraph (8) may specify different dates for different purposes.

In section 5(9) (MPs' allowances scheme does not affect pensions) for “the Parliamentary and other Pensions Act 1987 (c. 45)” substitute “ Schedule 6 to the Constitutional Reform and Governance Act 2010 ”.

In paragraph 18 of Schedule 1 (IPSA's administration and regulation functions), after sub-paragraph (2) insert—

In paragraph 29(2) of Schedule 1 (interpretation) in the definition of “regulation functions” after “18(2)” insert “ and (3) ”.

An order under section 13 of the Parliamentary Standards Act 2009 may make the provision mentioned in section 13(6) (provision for transfer schemes) in connection with this Schedule (as well as in connection with that Act).

But for this purpose—

Section 13(7) of that Act applies to a scheme made by virtue of section 13(6) and this paragraph.

This paragraph applies if, under an order under section 52, paragraph 2 comes into force for the purpose of making an appointment under paragraph 2(1)(a) or (b) before it comes into force for other purposes.

The reference in paragraph 2(1)(a) or (b) to the persons who are already trustees of the Fund is to the persons who are trustees of the Fund by virtue of section 1 of the Parliamentary and other Pensions Act 1987.

In this paragraph “the transitional period” means the period of six months beginning with the day on which paragraph 2 comes into force (other than for the purpose of making an appointment under paragraph 2(1)(a) or (b)).

During the transitional period—

But if a person who is a trustee of the Fund immediately before the beginning of the transitional period is appointed under paragraph 2(1)(a) or (b) that person is not to be treated as being a trustee of the Fund because of sub-paragraph (2)(a).

The trustees of the Fund must make arrangements (the “transitional arrangements”) for 8 persons to be nominated and selected as member-nominated trustees before the end of the transitional period.

Those persons become member-nominated trustees immediately after the end of the transitional period.

Only persons who are trustees of the Fund immediately before the beginning of the transitional period may be nominated and selected as member-nominated trustees under the transitional arrangements.

But if it is not possible to secure 8 member-nominated trustees from among those persons, the deficiency may be supplied by other persons.

At the end of the transitional period any persons who—cease to be trustees of the Fund.

Section 62 (interpretation of Part 6) is amended as follows.

In subsection (1) (meaning of “historical record”), for “thirty years” substitute “ twenty years ”.

After subsection (2) insert—

Section 63 (removal of exemptions: historical records generally) is amended as follows.

In subsection (1)—

In subsection (2)—

After subsection (2) insert—