Constitutional Reform and Governance Act 2010

Part 1 Consequential amendments to Acts of Parliament

Parliamentary Commissioner Act 1967 (c. 13)

1 In Schedule 2, in the note about the Cabinet Office, omit “and Head of the Home Civil Service”.

Superannuation Act 1972 (c. 11)

2 In section 2(10) for “home civil service or the diplomatic service” substitute “civil service of the State”.

House of Commons Disqualification Act 1975 (c. 24)

3 In Schedule 1—

(a) in Part 2, at the appropriate place, insert “The Civil Service Commission”;

(b) in Part 3 omit “Civil Service Commissioner”.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

4 In Part 2 of Schedule 1, at the appropriate place, insert “The Civil Service Commission”.

House of Commons (Administration) Act 1978 (c. 36)

5 (1) Amend section 2 as follows.

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

(3) After subsection (4) insert—

“(5) The statutory home civil service” means the civil service (excluding Her Majesty’s diplomatic service) within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 (see section 1(4) of that Act).”

Civil Service (Management Functions) Act 1992 (c. 61)

6 (1) Amend section 1 as follows.

(2) For subsections (1) and (2) substitute—

“(1) This section applies to the functions conferred on the Minister for the Civil Service by section 3 of the Constitutional Reform and Governance Act 2010 (management of the civil service, excluding the diplomatic 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.”

(3) Omit subsection (5).

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

7 In section 2(1)(a) for “Her Majesty’s Home Civil Service” substitute “the civil service (excluding the diplomatic service) within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010”.

Government of Wales Act 1998 (c. 38)

8 In paragraph 3(1) and (2) of Schedule 6 for “Her Majesty’s Home Civil Service” substitute “the civil service of the State”.

Scotland Act 1998 (c. 46)

9 (1) Amend section 51 as follows.

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

(3) For subsection (3) substitute—

“(3) See Part 1 of the Constitutional Reform and Governance Act 2010 (in particular, sections 3 and 4) for provision affecting—

(a) subsection (1), and

(b) any other enactment about the appointment of persons mentioned in subsection (2).”

(4) For subsection (4) substitute—

“(4) See also section 1 of the Civil Service (Management Functions) Act 1992 under which functions conferred on the Minister for the Civil Service by section 3 of the Constitutional Reform and Governance Act 2010 may be delegated to the Scottish Ministers etc.”

(5) Omit subsection (9).

Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2)

10 (1) Amend section 24 as follows.

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

(3) After subsection (7) insert—

“(8) In this section “the statutory home civil service” means the civil service (excluding Her Majesty’s diplomatic service) within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 (see section 1(4) of that Act).”

Regulation of Investigatory Powers Act 2000 (c. 23)

11 (1) Amend section 81 as follows.

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

(3) After subsection (7) insert—

“(8) In subsection (7) “the statutory civil service” means—

(a) the civil service within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 (see section 1(4) of that Act), but

(b) also includes the Government Communications Headquarters.”

Freedom of Information Act 2000 (c. 36)

12 In Part 6 of Schedule 1 for “The Civil Service Commissioners” substitute “The Civil Service Commission”.

Tax Credits Act 2002 (c. 21)

13 (1) Amend section 52 as follows.

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

(3) After subsection (7) insert—

“(8) In subsection (7) “the statutory home civil service” means the civil service (excluding Her Majesty’s diplomatic service) within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 (see section 1(4) of that Act).”

Extradition Act 2003 (c. 41)

14 (1) Amend section 101 as follows.

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

(3) After subsection (5) insert—

“(6) In subsection (5) “the statutory civil service” means the civil service within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 (see section 1(4) of that Act).”

Government of Wales Act 2006 (c. 32)

15 (1) Amend section 52 as follows.

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

(3) For subsection (3) substitute—

“(3) See Part 1 of the Constitutional Reform and Governance Act 2010 (in particular, sections 3 and 4) for provision affecting—

(a) subsection (1), and

(b) any other enactment about the appointment of persons as members of the staff of the Welsh Assembly Government.”

(4) For subsection (4) substitute—

“(4) See also section 1 of the Civil Service (Management Functions) Act 1992 under which functions conferred on the Minister for the Civil Service by section 3 of the Constitutional Reform and Governance Act 2010 may be delegated to the Welsh Ministers etc.”

(5) Omit subsection (10).

Police and Justice Act 2006 (c. 48)

16 In paragraph 7(4)(c) of Schedule 1 for “Her Majesty’s Home Civil Service” substitute “the civil service (excluding Her Majesty’s diplomatic service) within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 (see section 1(4) of that Act)”.

Parliament (Joint Departments) Act 2007 (c. 16)

17 (1) Amend section 3 as follows.

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

(3) After subsection (3) insert—

“(4) The statutory home civil service” means the civil service (excluding Her Majesty’s diplomatic service) within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 (see section 1(4) of that Act).”

Crossrail Act 2008 (c. 18)

18 (1) Amend Schedule 12 as follows.

(2) 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”.

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

• ““the statutory home civil service” means the civil service (excluding Her Majesty’s diplomatic service) within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 (see section 1(4) of that Act);”.