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Constitutional Reform and Governance Act 2010

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Commencement Orders yet to be applied to the Constitutional Reform and Governance Act 2010

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Commencement Orders

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Commencement Orders bringing legislation that affects this Act into force:

Part 2 E+W+S+N.I.The Commission

Status of the Commission and its propertyE+W+S+N.I.

7(1)The Commission (including its members and employees) is not to be regarded—E+W+S+N.I.

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

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

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

PowersE+W+S+N.I.

8(1)The Commission may do anything calculated to facilitate, or incidental or conducive to, the carrying out of any of its functions.E+W+S+N.I.

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

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

CommitteesE+W+S+N.I.

9(1)The Commission may establish committees.E+W+S+N.I.

(2)A committee of the Commission may establish sub-committees.

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

Procedure and proceedingsE+W+S+N.I.

10(1)The Commission may regulate its own procedure, and the procedure of its committees and sub-committees, including quorum.E+W+S+N.I.

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

(a)a vacancy among the members, or

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

StaffE+W+S+N.I.

11The Commission may employ staff.E+W+S+N.I.

PensionsE+W+S+N.I.

12(1)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.E+W+S+N.I.

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

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

(a)at the end of the list of “Royal Commissions and other Commissions” insert “ Civil Service Commission ”,

(b)in the list of “Offices” insert, at the appropriate place, “ Civil Service Commissioner ”, and

(c)in that list the reference to the First Civil Service Commissioner is to be read as a reference to the office of the First Civil Service Commissioner established by this Schedule.

(4)The Commission must pay the Minister for the Civil Service the sums determined by the Minister in relation to any increase attributable to this paragraph in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

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

Arrangements for assistanceE+W+S+N.I.

13(1)The Commission may make arrangements with other persons for the provision of assistance to the Commission.E+W+S+N.I.

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

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

DelegationE+W+S+N.I.

14(1)The Commission may delegate functions to—E+W+S+N.I.

(a)any of its members;

(b)any of its committees;

(c)any of its employees;

(d)a person with whom arrangements are made under paragraph 13 or a person (including a civil servant) assisting the Commission under such arrangements.

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

Financial provisionsE+W+S+N.I.

15(1)The Minister for the Civil Service must pay to the Commission the sums determined by the Minister as appropriate for, or in connection with, the carrying out of the Commission's functions.E+W+S+N.I.

(2)When making a payment, the Minister may impose conditions—

(a)about how some or all of the money is to be used;

(b)requiring the Commission to follow specified procedures in relation to its costs and expenditure.

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

AccountsE+W+S+N.I.

16(1)The Commission must keep proper accounts and proper records in relation to them.E+W+S+N.I.

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

(3)The statement must give a true and fair view of—

(a)the state of the Commission's affairs at the end of the financial year, and

(b)the Commission's income and expenditure and cash flows in the financial year.

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

(a)the information to be contained in the statement,

(b)the manner in which the information is to be presented, or

(c)the methods and principles according to which the statement is to be prepared.

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

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

(7)The Comptroller and Auditor General must—

(a)examine, certify and report on the statement, and

(b)lay copies of the statement and the report before Parliament (unless it has been arranged for the Minister to do so).

ReportsE+W+S+N.I.

17(1)The Commission—E+W+S+N.I.

(a)must, as soon as practicable after the end of each financial year (see paragraph 18), prepare a report about the carrying out of its functions during the year, and

(b)may, in exceptional cases, prepare a report at any other time about any matter relating to the carrying out of its functions.

(2)As soon as practicable after preparing a report under sub-paragraph (1), the Commission must give a copy of the report to the Minister for the Civil Service and to the First Ministers for Scotland and Wales.

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

(4)The Minister for the Civil Service must lay a copy of the report before Parliament (unless it has been arranged for the Comptroller and Auditor General to do so).

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

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

Meaning of “financial year”E+W+S+N.I.

18For the purposes of paragraphs 16 and 17, each of the following is a “financial year”—E+W+S+N.I.

(a)the period which begins when section 2 of this Act comes into force and ends with the following 31 March;

(b)each successive period of 12 months.

Documentary evidenceE+W+N.I.

19(1)The application of the Commission's seal is to be authenticated by the signature of any of the following—E+W+N.I.

(a)a member of the Commission;

(b)if the Commission's staff includes a chief executive, the chief executive;

(c)any person authorised (whether generally or specifically) for the purpose by anyone within paragraph (a) or (b).

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

(a)is to be received in evidence, and

(b)is to be taken to be executed or signed in that way, unless the contrary is proved.

(3)This paragraph does not extend to Scotland.

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