Constitutional Reform and Governance Act 2010

SCHEDULES

Section 2

SCHEDULE 1 The Civil Service Commission

Part 1 The Commissioners

Membership of the Commission

1 (1) The Commission is to consist of at least seven members.

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

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

Appointment of First Civil Service Commissioner

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

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

(3) A person’s selection for recommendation must be on merit on the basis of fair and open competition.

(4) Before selecting a person, the Minister must consult—

(a) the First Ministers for Scotland and Wales, and

(b) the relevant opposition leaders (see sub-paragraph (8)).

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

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

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

(8) 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.

(9) 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.

Appointment of Civil Service Commissioners

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

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

(3) A person’s selection for recommendation must be on merit on the basis of fair and open competition.

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

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

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

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

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

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

(10) 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.

(11) 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.

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

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

(a) provide for the person to cease to hold office as Commissioner if the person ceases to hold the other public office;

(b) restrict the functions that the person may carry out as Commissioner.

Payment of remuneration and allowances etc

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

(a) to pay remuneration and allowances to the person appointed;

(b) to make provision for a pension in relation to that person.

(2) The Commission must make the payments or provision accordingly.

Resignation or removal from office

5 (1) This paragraph is about resignation or removal from the office of First Commissioner or Commissioner.

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

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

(4) The conditions are that—

(a) the person is absent from three successive meetings of the Commission without the Commission’s approval;

(b) the person is convicted of an offence (see sub-paragraph (5));

(c) the person becomes bankrupt (see sub-paragraph (6));

(d) the person is unfit or unable to carry out the functions of the office.

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

(a) it does not matter where the person is convicted;

(b) an act punishable under the law of a territory outside the United Kingdom constitutes an offence for the purposes of this paragraph (however it is described in that law).

(6) A person becomes bankrupt if—

(a) in England and Wales or Northern Ireland, a bankruptcy order is made in relation to the person, or

(b) in Scotland, the person’s estate is sequestrated.

Compensation for loss of office of First Commissioner or Commissioner

6 The Minister for the Civil Service may direct the Commission to pay compensation if—

(a) a person ceases to hold office as First Commissioner or Commissioner, and

(b) the Minister is satisfied that, because of the circumstances in which the person ceased to hold office, compensation should be paid to the person.

Part 2 The Commission

Status of the Commission and its property

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

(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.

Powers

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

(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).

Committees

9 (1) The Commission may establish committees.

(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 proceedings

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

(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.

Staff

11 The Commission may employ staff.

Pensions

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.

(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 assistance

13 (1) The Commission may make arrangements with other persons for the provision of assistance to the Commission.

(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.

Delegation

14 (1) The Commission may delegate functions to—

(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 provisions

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.

(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.

Accounts

16 (1) The Commission must keep proper accounts and proper records in relation to them.

(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).

Reports

17 (1) The Commission—

(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”

18 For the purposes of paragraphs 16 and 17, each of the following is a “financial year”—

(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 evidence

19 (1) The application of the Commission’s seal is to be authenticated by the signature of any of the following—

(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.

Section 19

SCHEDULE 2 Consequential amendments and transitional provision relating to Part 1

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);”.

Part 2 Consequential amendments to other legislation

Civil Service Orders in Council

19 The following are revoked—

(a) the Civil Service Order in Council 1995;

(b) the Civil Service (Amendment) Order in Council 1995;

(c) the Civil Service (Amendment) Order in Council 1996;

(d) the Civil Service (Amendment) Order in Council 1997;

(e) the Civil Service (Amendment) Order in Council 1998;

(f) the Civil Service (Amendment) Order in Council 1999;

(g) the Civil Service (Amendment) Order in Council 2000;

(h) the Civil Service (Amendment) Order in Council 2001;

(i) the Civil Service (Amendment) Order in Council 2002;

(j) the Civil Service (Amendment) Order in Council 2004;

(k) the Civil Service (Amendment) Order in Council 2005;

(l) the Civil Service (Amendment) Order in Council 2007;

(m) the Civil Service (Amendment) (No. 2) Order in Council 2007;

(n) the Civil Service (Amendment) (No. 3) Order in Council 2007;

(o) the Civil Service (Amendment) Order in Council 2008;

(p) the Civil Service (Amendment) (No. 2) Order in Council 2008.

Diplomatic Service Orders in Council

20 The following are revoked—

(a) the Diplomatic Service Order in Council 1991;

(b) the Diplomatic Service (Amendment) Order in Council 1994;

(c) the Diplomatic Service (Amendment) (No. 2) Order in Council 1994;

(d) the Diplomatic Service (Amendment) Order in Council 1995;

(e) the Diplomatic Service (Amendment) Order in Council 2004;

(f) the Diplomatic Service (Amendment) Order in Council 2009.

Servants of the Crown (Parliamentary, European Assembly and Northern Ireland Assembly Candidature) Order 1987

21 This is revoked.

Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311)

22 (1) Amend Schedule 1 as follows.

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

(3) After paragraph 12(2)(d) insert—

“(da) after the definition of “the Deputy Chairman” insert—

• ““the designated permanent secretary” means the permanent secretary in the civil service of the State designated by the Minister for the Civil Service for the purposes of this Part;”;”.

23 In Schedules 3 and 4 for “Head of the Home Civil Service” (wherever appearing) substitute “designated permanent secretary”.

Charities and Trustee Investment (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2006 (S.I. 2006/242)

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

Part 3 Transitional provision relating to the Civil Service Commission

Definitions

25 (1) This paragraph applies for the purposes of this Part of this Schedule.

(2) 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.

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

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

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

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

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

Head of the old commission to become First Commissioner

26 (1) 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.

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

(3) 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.

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

(a) the same terms as those on which the person held office as head of the old commission, or

(b) if the person agrees, the terms determined by the Minister for the Civil Service.

(5) 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.

(6) 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.

Restriction on period of office if First Commissioner is former head of the old commission

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

(2) 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.

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

(a) the period or periods for which the person holds office as the First Commissioner, and

(b) the period or periods for which the person is head of the old commission.

Members of the old commission to become Commissioners

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

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

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

(4) 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.

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

(a) the same terms as those on which the person held office as a member of the old commission, or

(b) if the person agrees, the terms determined by the Minister for the Civil Service.

(6) 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.

(7) 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.

Restriction on period of office for former member of old commission

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

(2) 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.

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

(a) the period or periods for which the person holds office as Commissioner, and

(b) the period or periods for which the person is a member of the old commission.

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

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

Audits of recruitment policies and practices

30 (1) 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.

(2) 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.

Requirements to publish recruitment information

31 Any requirement under article 4(4) of the 1995 Order or the 1991 Order imposed before the coming into force of section 2 of this Act must be complied with notwithstanding the revocation of the Order by Part 2 of this Schedule.

Appeals by civil servants

32 (1) 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.

(2) 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.

(3) 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).

33 (1) 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.

(2) 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.

(3) 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).

First annual report

34 (1) 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.

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

(a) article 8(1)(a) to (c) of the 1995 Order;

(b) article 4A(1)(a) to (c) of the 1991 Order.

(3) 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.

(4) “The relevant period” means the period—

(a) beginning with—

(i) for the purposes of sub-paragraph (2)(a), the end of the period covered by the last report published under article 8(1) of the 1995 Order;

(ii) for the purposes of sub-paragraph (2)(b), the end of the period covered by the last report published under article 4A(1) of the 1991 Order;

(b) ending when section 2 of this Act comes into force.

Transfer of property, rights and liabilities

35 (1) The Minister for the Civil Service may make a scheme—

(a) specifying property, rights and liabilities of the Crown (or held on behalf of the Crown) that are relevant to the old commission’s functions, and

(b) transferring the specified property, rights and liabilities to the Commission;

and the transfer has effect in accordance with the terms of the scheme.

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

(a) whether or not they would otherwise be capable of being transferred,

(b) without any instrument or other formality being required, and

(c) irrespective of any kind of requirement for consent that would otherwise apply.

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

(a) for the continuing effect of things done by, on behalf of or in relation to the Crown (or a person acting on behalf of the Crown);

(b) for the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the Crown (or a person acting on behalf of the Crown);

(c) for references to the Crown or a person who acts on behalf of the Crown in any agreement (whether written or not) or instrument or other document to be treated as or as including references to the Commission;

(d) for shared ownership, use or access.

Information previously held by old commission

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

(a) which was held by (or on behalf of) the old commission for the purposes of the old commission’s functions, and

(b) which the Commission reasonably requires for the purposes of its functions.

(2) 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).

Preparatory work

37 (1) 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.

(2) “The preparatory period” is the period that—

(a) starts when this Act is passed, and

(b) ends when section 2 of this Act comes into force.

Part 4 Other transitional provision

Application of section 16(1) of the Interpretation Act 1978

38 (1) 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.

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

(a) the function had been conferred by an Act, and

(b) that Act were repealed by section 3 of this Act.

(3) 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.

Power to manage the civil service

39 (1) Anything done under old management functions by—

(a) a Minister of the Crown, or

(b) any other servant of the Crown under a delegation under section 1 of the Civil Service (Management Functions) Act 1992,

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.

(2) 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).

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

(4) 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.

40 (1) So far as—

(a) an Order in Council revoked by Part 2 of this Schedule was not made under old management functions, or

(b) a relevant transferred function is not an old management function,

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

(2) Civil servants who, immediately before this paragraph comes into force, held their positions in the civil service of the State under or subject to—

(a) an Order in Council revoked by Part 2 of this Schedule so far as it was not made under old management functions, or

(b) a relevant transferred function so far as it is not an old management function,

continue to hold their positions but on the basis mentioned in sub-paragraph (1).

(3) “Relevant transferred function” means a function which—

(a) has been delegated by Her Majesty in relation to the management of the civil service of the State (excluding the Northern Ireland Civil Service), and

(b) has been the subject of a transfer of functions Order (as that term was defined in section 1(5) of the Civil Service (Management Functions) Act 1992 before its repeal by Part 1 of this Schedule).

Selection on merit etc

41 (1) 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.

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

42 For the purpose of determining whether a selection for an appointment complies with the requirement in section 10(2) of this Act in a case in which the selection process began before section 10(2) comes into force, account must be taken of anything done under or in relation to the selection process before section 10(2) comes into force.

Special advisers

43 (1) 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.

(2) 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 26

SCHEDULE 3 Parliamentary Standards Act 2009: substituted Schedule 2

Section 3

“Schedule 2 Compliance Officer

Appointment of Compliance Officer

1 (1) The Compliance Officer is to be appointed by the IPSA.

(2) The person to be appointed must be selected by the IPSA on merit on the basis of fair and open competition.

Terms and conditions: general

2 (1) Subject to the provisions of this Schedule, the Compliance Officer holds office in accordance with the terms and conditions of the Compliance Officer’s appointment.

(2) Those terms and conditions are to be determined by the IPSA.

Term of office

3 (1) The Compliance Officer is to be appointed for a fixed term not exceeding five years.

(2) A person who has been appointed as the Compliance Officer may not be appointed again.

Resignation and removal from office

4 (1) A person may resign from the office of Compliance Officer by giving written notice to the IPSA.

(2) The IPSA may remove a person from the office of Compliance Officer if the person—

(a) is convicted of an offence (see sub-paragraph (3)),

(b) becomes bankrupt (see sub-paragraph (4)), or

(c) is unfit or unable to carry out the functions of the office.

(3) For the purposes of determining if the person is convicted of an offence—

(a) it does not matter where the person is convicted, and

(b) an act punishable under the law of a territory outside the United Kingdom constitutes an offence for the purposes of this paragraph (however it is described in that law).

(4) A person becomes bankrupt if—

(a) in England and Wales or Northern Ireland, a bankruptcy order is made in relation to the person, or

(b) in Scotland, the person’s estate is sequestrated.

Remuneration

5 (1) The terms and conditions on which a person is appointed as the Compliance Officer may provide for the IPSA—

(a) to pay remuneration and allowances to the person;

(b) to make provision for a pension in relation to that person.

(2) The IPSA must make the payment or provision accordingly.

Status

6 (1) The Compliance Officer is not to be regarded—

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

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

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

Funding

7 (1) The IPSA must provide the Compliance Officer with adequate resources for the Compliance Officer’s functions.

(2) In particular, the IPSA is responsible for providing staff to assist in the carrying out of those functions.

Annual report

8 (1) As soon as practicable after the end of each financial year, the Compliance Officer must—

(a) prepare a report about the performance of the Compliance Officer’s functions during that financial year, and

(b) send the report to the IPSA.

(2) The IPSA must send the report to the Speaker of the House of Commons, who must lay it before each House of Parliament.

(3) When the Speaker lays the report, the Compliance Officer must publish it in such manner as the Compliance Officer considers appropriate.

(4) “Financial year” means—

(a) the period beginning with the day on which a Compliance Officer is first appointed and ending with the next following 31 March, and

(b) each successive period of 12 months.

Vacancy in office of Compliance Officer

9 (1) This paragraph applies if the office of Compliance Officer is vacant.

(2) The IPSA may authorise a member of the IPSA’s staff provided under paragraph 7(2) to carry out the functions of the Compliance Officer during the vacancy.

(3) In relation to a vacancy of more than six months, the functions of the Compliance Officer may not be carried out by virtue of sub-paragraph (2) after the first six months.

Disqualification

10 (1) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert—

• “Compliance Officer for the Independent Parliamentary Standards Authority.”

(2) In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert—

• “Compliance Officer for the Independent Parliamentary Standards Authority.”

Freedom of information

11 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices which are public authorities) at the appropriate place insert—

• “Compliance Officer for the Independent Parliamentary Standards Authority.”

Public records

12 In Schedule 1 to the Public Records Act 1958 (definition of public records) at the appropriate place in Part 2 of the Table at the end of paragraph 3 insert—

• “Compliance Officer for the Independent Parliamentary Standards Authority.”””

Section 34

SCHEDULE 4 Parliamentary Standards Act 2009: new Schedule 4

Section 9B

“Schedule 4 Enforcement

Part 1 Recovery of overpayments

Power to give repayment direction

1 (1) This paragraph applies where the Compliance Officer—

(a) has conducted an investigation in respect of a member of the House of Commons under section 9, and

(b) has made findings under section 9(5) that the member was paid an amount under the MPs’ allowances scheme (the “overpayment”) that—

(i) should not have been allowed, and

(ii) has not been repaid.

(2) The Compliance Officer—

(a) if sub-paragraph (3) applies, may give the member a direction under this paragraph (a “repayment direction”), and

(b) otherwise, must give the member a repayment direction.

(3) This sub-paragraph applies if the Compliance Officer has made findings under section 9(5) that the member’s being paid an amount under the MPs’ allowances scheme that should not have been allowed was wholly or partly the IPSA’s fault.

(4) A repayment direction must require the member to pay to the IPSA—

(a) if sub-paragraph (3) applies, such amount (not exceeding the amount of the overpayment) as the Compliance Officer considers reasonable, and

(b) otherwise, the amount of the overpayment.

(5) The repayment direction must specify the period (the “repayment period”) before the end of which that amount is to be paid.

(6) A repayment direction may also require the member to do one or both of the following before the end of the repayment period—

(a) pay to the IPSA interest on the amount mentioned in sub-paragraph (4), at the rate and in relation to the period specified in the direction;

(b) pay to the IPSA an amount reasonably representing the costs incurred by the IPSA in relation to the overpayment, including the costs of the Compliance Officer in conducting the investigation.

(7) The Compliance Officer must send a copy of the repayment direction to the IPSA.

(8) References in this Part of this Schedule to a member of the House of Commons include a former member of that House.

(9) In this Schedule “overpayment”, “repayment direction” and “repayment period” have the meaning given by this paragraph (but in relation to the repayment period, see further paragraph 4(3)).

Guidance etc

2 (1) The IPSA must prepare guidance about the circumstances in which the Compliance Officer should include in a repayment direction a requirement under paragraph 1(6)(a) or (b).

(2) The guidance must include guidance about whether the Compliance Officer should include such a requirement if paragraph 1(3) applies.

(3) The amount mentioned in paragraph 1(6)(b) is to be calculated by the Compliance Officer in accordance with a scheme prepared by the IPSA for that purpose.

(4) Before preparing guidance under sub-paragraph (1) or a scheme under sub-paragraph (3) the IPSA must consult the persons listed in section 9A(6).

Appeal against repayment direction

3 (1) A member who has been given a repayment direction under paragraph 1 may appeal to the First-tier Tribunal against—

(a) the Compliance Officer’s findings under section 9(5);

(b) if paragraph 1(3) applies, the Compliance Officer’s decision to give the member a repayment direction;

(c) if paragraph 1(3) applies, the amount the member is required to repay because of paragraph 1(4)(a);

(d) a requirement contained in the repayment direction because of paragraph 1(6).

(2) An appeal under this paragraph must be brought before the end of the period of 28 days beginning with the day on which the repayment direction is sent to the member (unless the Tribunal directs that it may be brought after the end of that period).

(3) An appeal under this paragraph is by way of a rehearing.

(4) On an appeal under this paragraph the Tribunal may—

(a) allow the appeal in whole or in part, or

(b) dismiss the appeal.

(5) If the Tribunal allows the appeal (in whole or in part) it may—

(a) revoke the repayment direction;

(b) revoke or vary any requirement contained in the repayment direction;

(c) make any other order it thinks fit.

(6) If the Tribunal dismisses the appeal it may make any other order it thinks fit.

(7) The Compliance Officer must notify the IPSA of the Tribunal’s decision (and the result of any further appeal).

Extension of repayment period

4 (1) The member may at any time before the end of the repayment period make an application to the Compliance Officer for the Compliance Officer to extend (or further extend) the repayment period.

(2) The Compliance Officer must notify the IPSA of any decision by the Compliance Officer to extend (or further extend) the repayment period.

(3) If the Compliance Officer extends (or further extends) the repayment period, references in this Schedule to the repayment period are to that period as extended (or further extended) by the Compliance Officer.

(4) The member may appeal to the First-tier Tribunal against the Compliance Officer’s decision on an application under this paragraph.

(5) An appeal under this paragraph must be brought before the end of the period of 28 days beginning with the day on which notice of the decision is sent to the member (unless the Tribunal directs that it may be brought after the end of that period).

(6) The appeal is by way of a rehearing.

(7) The Tribunal may—

(a) allow the appeal in whole or in part, or

(b) dismiss the appeal.

(8) If the Tribunal allows the appeal (in whole or in part) it may—

(a) revoke or vary the Compliance Officer’s decision;

(b) make any other order it thinks fit.

(9) If the Tribunal dismisses the appeal it may make any other order it thinks fit.

(10) The Compliance Officer must notify the IPSA of the Tribunal’s decision (and the result of any further appeal).

Enforcement of repayment direction

5 (1) This paragraph applies to any amount which a member is required by a repayment direction to pay to the IPSA, but only when—

(a) it is no longer possible for there to be a relevant appeal, and

(b) all relevant appeals have been withdrawn or determined.

(2) A relevant appeal is—

(a) an appeal under paragraph 3 brought before the end of the period mentioned in paragraph 3(2), or

(b) a further appeal in relation to the repayment direction which—

(i) is brought before the end of the usual period for bringing such an appeal, and

(ii) is an appeal against the determination of an appeal which was itself a relevant appeal.

(3) The IPSA may recover the amount by making deductions from—

(a) any salary payable to the member under section 4;

(b) any allowances payable to the member under the MPs’ allowances scheme.

(4) In England and Wales and Northern Ireland the amount is recoverable, if a county court so orders on the application of the Compliance Officer, as if it were payable under an order of that court.

(5) In Scotland the amount is recoverable as if the repayment direction were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

Part 2 Penalties

Power to impose penalties

6 (1) If sub-paragraph (3) or (4) applies to a member of the House of Commons, the Compliance Officer may by notice (a “penalty notice”) impose a penalty on the member.

(2) A “penalty” means a sum of money payable by the member to the IPSA.

(3) This sub-paragraph applies if the Compliance Officer has made a finding under section 9(5) that the member has without reasonable excuse failed to comply with a requirement under section 9(3) (provision of information to Compliance Officer).

(4) This sub-paragraph applies if the Compliance Officer is satisfied that the member has without reasonable excuse failed to comply with any requirement contained in a repayment direction.

(5) The Compliance Officer must send a copy of the penalty notice to the IPSA.

(6) References in this Part of this Schedule to a member of the House of Commons include a former member of that House.

(7) In this Schedule “penalty notice” and “penalty” have the meanings given by this paragraph.

Amount of penalty

7 (1) The penalty notice must state the amount of the penalty.

(2) The amount of the penalty must not exceed £1,000.

(3) The amount in sub-paragraph (2) may be increased (or further increased) by an order made by a Minister of the Crown.

(4) An order under sub-paragraph (3) is to be made by statutory instrument.

(5) A statutory instrument containing an order under sub-paragraph (3) may not be made unless a draft of the instrument has been laid before and approved by a resolution of the House of Commons.

Information to be contained in notice

8 (1) The penalty notice must (as well as stating the amount of the penalty) include information as to—

(a) the reasons for imposing the penalty,

(b) the period before the end of which the penalty is to be paid,

(c) how the penalty may be paid,

(d) the procedure and time limit for appealing,

(e) the effect of paragraph 12, and

(f) any other matter specified by the IPSA.

(2) Before specifying a matter the IPSA must consult the persons listed in section 9A(6).

Guidance etc

9 (1) The IPSA must prepare guidance about—

(a) the circumstances in which the Compliance Officer should impose a penalty under paragraph 6, and

(b) how the Compliance Officer should determine the amount of the penalty.

(2) Before preparing the guidance the IPSA must consult the persons listed in section 9A(6).

Review of penalty

10 (1) The Compliance Officer may at any time review a decision to impose a penalty on a member under paragraph 6.

(2) Following the review the Compliance Officer may cancel the penalty or reduce the amount of the penalty.

(3) If the Compliance Office does either of those things, the Compliance Officer must notify the IPSA.

(4) If the penalty (or part of the penalty) has already been paid the IPSA must repay the member accordingly.

Appeal against penalty

11 (1) A member on whom a penalty has been imposed under paragraph 6 may appeal to the First-tier Tribunal.

(2) An appeal under this paragraph must be brought before the end of the period of 28 days beginning with the day on which the penalty notice is sent to the member (unless the Tribunal directs that it may be brought after the end of that period).

(3) The appeal is by way of a rehearing.

(4) On an appeal under this paragraph the Tribunal may—

(a) allow the appeal and cancel the penalty,

(b) allow the appeal and reduce the penalty, or

(c) dismiss the appeal.

(5) The Compliance Officer must notify the IPSA of the Tribunal’s decision (and the result of any further appeal).

Enforcement of penalty

12 (1) This paragraph applies to the amount of a penalty imposed on a member under paragraph 6, but only when—

(a) it is no longer possible for there to be a relevant appeal, and

(b) all relevant appeals have been withdrawn or determined.

(2) A relevant appeal is—

(a) an appeal under paragraph 11 brought before the end of the period mentioned in paragraph 11(2), or

(b) a further appeal in relation to the penalty notice which—

(i) is brought before the end of the usual period for bringing such an appeal, and

(ii) is an appeal against the determination of an appeal which was itself a relevant appeal.

(3) The IPSA may recover the amount by making deductions from—

(a) any salary payable to the member under section 4;

(b) any allowances payable to the member under the MPs’ allowances scheme.

(4) In England and Wales and Northern Ireland the amount is recoverable, if a county court so orders on the application of the Compliance Officer, as if it were payable under an order of that court.

(5) In Scotland the amount is recoverable as if the penalty notice were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

Payment of penalty into Consolidated Fund

13 The IPSA must pay into the Consolidated Fund—

(a) the amount of any penalty paid to the IPSA, and

(b) where the IPSA makes a deduction under paragraph 12(3), an amount corresponding to the amount of the deduction.”

Section 38

SCHEDULE 5 Parliamentary standards: consequential amendments

Part 1 Amendments of the Parliamentary Standards Act 2009

1 The Parliamentary Standards Act 2009 is amended as follows.

2 In section 2(2) (effect of Act on House of Lords)—

(a) omit paragraph (a), and

(b) in paragraph (c) for “paragraphs 4(2) and 8(1)” substitute “paragraph 8(2)”.

3 In section 5(8) (allowances) for the words from “and” to the end substitute “and in relation to any such allowances, references in this Act to a member of the House of Commons include a former member of that House.”

4 (1) Section 12 (interpretation) is amended as follows.

(2) In subsection (1)—

(a) for ““the Commissioner”” substitute ““the Compliance Officer””, and

(b) omit the definition of “the MPs’ code of conduct relating to financial interests”.

(3) In subsection (2)—

(a) after “committee” (in each place) insert “or officer”, and

(b) in paragraph (a) for “its” substitute “the”.

5 (1) Section 13 (transitional provision) is amended as follows.

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

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

6 In section 14 (commencement) omit subsection (2)(d).

7 (1) Schedule 1 (the IPSA) is amended as follows.

(2) Omit paragraph 10 and the heading above it.

(3) In paragraph 18(1)—

(a) for paragraph (a) substitute—

“(a) section 4 (MPs’ salaries), so far as relating to the payment (but not the determination) of salaries,”,

(b) in paragraph (c), after “claims)” insert “(except as mentioned in sub-paragraph (2) below)”, and

(c) omit the words following paragraph (c).

(4) In paragraph 18(2)—

(a) before paragraph (a) insert—

“(za) sections 4 and 4A (MPs’ salaries) (except as mentioned in sub-paragraph (1) above),”,

(b) after paragraph (a) insert—

“(aa) section 6(10) (determining procedures for publication of allowances claims),”,

(c) omit paragraph (b) (and the “and” following it), and

(d) for paragraph (c) substitute—

“(c) section 9(8)(b) and (9) (determining conditions),

(d) section 9A (determining procedures for investigations etc),

(e) paragraphs 1, 2(2), 4(2) and 9(2) of Schedule 2 (appointment and removal of Compliance Officer etc), and

(f) paragraphs 2, 8 and 9 of Schedule 4 (scheme, guidance etc for Compliance Officer).”

(5) 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”.

Part 2 Amendments of other Acts

European Parliament (Pay and Pensions) Act 1979 (c. 50)

8 (1) 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).”

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

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

Parliamentary and other Pensions Act 1987 (c. 45)

9 In section 5(2) (interpretation) for the words from “such resolutions” to the end substitute—

“(a) section 4 of the Parliamentary Standards Act 2009, or

(b) in relation to a time before that section was in force, the resolutions of the House of Commons then in force relating to the remuneration of its members.”

Ministerial and other Pensions and Salaries Act 1991 (c. 5)

10 In section 4 (grants to persons ceasing to hold ministerial and other offices)—

(a) omit subsection (3),

(b) after that subsection insert—

“(3A) The annual amount of the salary paid to a person in respect of the office of Chairman of Ways and Means or Deputy Chairman of Ways and Means is the difference between—

(a) the annual amount of the salary payable under section 4 of the Parliamentary Standards Act 2009 to a person holding that office, and

(b) the annual amount of the salary payable under that section to a member of the House of Commons who does not hold an office or position specified in a resolution of that House for the purposes of section 4A(2) of that Act (higher salaries for holders of specified offices or positions).”, and

(c) omit subsection (7).

Scotland Act 1998 (c. 46)

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

(2) In subsection (1)—

(a) before paragraph (a) insert—

“(za) under section 4 of the Parliamentary Standards Act 2009 (salaries of members of the House of Commons),”, and

(b) in paragraph (a) for “either House of Parliament” substitute “the House of Lords”.

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

Government of Wales Act 2006 (c. 32)

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

(2) In subsection (1)—

(a) before paragraph (a) insert—

“(za) under section 4 of the Parliamentary Standards Act 2009 (salaries of members of the House of Commons),”, and

(b) in paragraph (a) for “either House of Parliament” substitute “the House of Lords”.

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

Section 40

SCHEDULE 6 Parliamentary and other pensions

Part 1 Parliamentary and other pensions

The Parliamentary Contributory Pension Fund etc

Continuance of Fund

1 There is to continue to be a fund known as the Parliamentary Contributory Pension Fund (“the Fund”).

Number and composition of trustees

2 (1) The following are to be the trustees of the Fund—

(a) one person appointed by the IPSA after consulting the Minister for the Civil Service and the persons who are already trustees of the Fund,

(b) one person appointed by the Minister for the Civil Service after consulting the IPSA and the persons who are already trustees of the Fund, and

(c) 8 persons nominated and selected in accordance with arrangements under paragraph 3 (“member-nominated trustees”).

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

Member-nominated trustees

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

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

(a) nominated as the result of a process in which all the members of a scheme under paragraph 12 and all the members of a scheme under paragraph 16 are eligible to participate, and

(b) selected as the result of a process in which some or all of those persons are eligible to participate.

(3) The arrangements must—

(a) include provision for the nomination and selection process to take place within a reasonable period of any vacancy arising,

(b) include provision, where a vacancy is not filled because insufficient nominations are received, for the nomination and selection process to be repeated at reasonable intervals until the vacancy is filled, and

(c) include provision that, where the IPSA or the Minister for the Civil Service so requires, a person who is not a member of a scheme under paragraph 12 and is not a member of a scheme under paragraph 16 must have the approval of the IPSA or the Minister for the Civil Service to qualify for selection as a member-nominated trustee.

(4) 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)).

Remuneration

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

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

Resignation and removal of trustees

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

(a) may resign by giving written notice to the IPSA, and

(b) may be removed by the IPSA after consulting the Minister for the Civil Service and all the other trustees of the Fund.

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

(a) may resign by giving written notice to the Minister for the Civil Service, and

(b) may be removed by the Minister for the Civil Service after consulting the IPSA and all the other trustees of the Fund.

(3) A person who is a member-nominated trustee—

(a) may resign by giving written notice to the other trustees of the Fund, and

(b) may be removed by all the other trustees of the Fund acting together.

Proceedings

6 (1) 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.

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

(a) a vacancy among the trustees, or

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

Powers of trustees

7 (1) 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.

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

(a) so far as the claim or dispute relates to a scheme under paragraph 8 or 12, they may do so only with the consent of the IPSA, and

(b) so far as the claim or dispute relates to a scheme under paragraph 16, they may do so only with the consent of the Minister for the Civil Service.

(3) 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.

(4) 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.

(5) 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.

Administration scheme

8 (1) The IPSA may make a scheme containing provision about—

(a) the administration of the Fund,

(b) the management of the Fund’s assets,

(c) the indemnification of the trustees (and former trustees) of the Fund,

(d) the proceedings of the trustees of the Fund, and

(e) the application of the Fund’s assets in connection with the matters in paragraphs (a) to (d).

(2) A scheme under this paragraph may in particular—

(a) include any or all of the provisions specified in paragraphs 31 to 33,

(b) make different provision in relation to different cases, circumstances or persons,

(c) make such incidental, consequential and transitional provision (other than provision modifying an enactment or subordinate legislation) as the IPSA considers appropriate.

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

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

Procedure for administration scheme

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

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

(a) the Treasury,

(b) the Minister for the Civil Service,

(c) persons the IPSA considers to represent those likely to be affected by the scheme, and

(d) any other person the IPSA considers appropriate.

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

(a) any scheme made by it under paragraph 8, and

(b) a statement of the reasons for making the scheme.

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

Exchequer contribution to Fund

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

(2) 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.

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

(a) the period of three years beginning with the relevant date, and

(b) each succeeding period of three years.

(4) 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.

(5) The report is to be made to—

(a) the trustees of the Fund,

(b) the IPSA,

(c) the Minister for the Civil Service, and

(d) the Treasury.

(6) The report must—

(a) report on the general financial position of the Fund at the beginning of the period of three years in which the report is made, and

(b) make a recommendation as to the rate at which (subject to any subsequent report under this paragraph) Exchequer contributions should be paid into the Fund in respect of any financial year beginning after the report is made.

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

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

Power to determine Exchequer contribution

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

(2) The “relevant consents” means—

(a) if the result of making the provision is that the amount of the Exchequer contribution in respect of any financial year is less than it otherwise would be, the consent of the Treasury, the Minister for the Civil Service and the trustees of the Fund, and

(b) otherwise, the consent of the Treasury and the Minister for the Civil Service.

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

(4) Before making provision under this paragraph the IPSA must consult—

(a) (if sub-paragraph (2)(a) does not apply) the trustees of the Fund,

(b) the Government Actuary, and

(c) persons appearing to the IPSA to represent persons likely to be affected by the provision.

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

(a) any representations made by the trustees of the Fund in response to consultation under this paragraph,

(b) any provision made by the IPSA under this paragraph, and

(c) a statement of the reasons for making the provision.

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

(7) Provision under this paragraph may—

(a) apply to a financial year which has already ended or which has begun before the making of the provision, and

(b) make such incidental, consequential and transitional provision (other than provision modifying an enactment or subordinate legislation) as the IPSA considers appropriate.

MPs’ pension scheme

MPs’ pension scheme

12 (1) 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.

(2) A scheme under this paragraph may not provide for the application of any of the assets of the Fund in or towards the provision of pensions for or in respect of persons with service as Lord Chancellor.

(3) A scheme under this paragraph may not provide for the application of any of the assets of the Fund in or towards the provision of pensions for or in respect of a person (“P”) with service as—

(a) Prime Minister and First Lord of the Treasury, or

(b) Speaker of the House of Commons.

(4) Sub-paragraph (3) does not apply if P elects, in accordance with provision made by the scheme, to contribute to the Fund out of P’s salary as a member of the House of Commons while holding the office of Prime Minister and First Lord of the Treasury or Speaker of the House of Commons.

(5) The provision mentioned in sub-paragraph (4) may not provide for a pension payable under the scheme for or in respect of P to be calculated by reference to service as a member of the House of Commons before 28 February 1991.

Meaning of “service as a member of the House of Commons”

13 (1) 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—

(a) section 4 of the Parliamentary Standards Act 2009, or

(b) in relation to a time before that section was in force, the resolutions of the House of Commons then in force relating to the remuneration of its members.

(2) 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.

(3) 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.

(4) 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) the office of Chairman of Ways and Means and the office of Deputy Chairman of Ways and Means,

(b) an office or position in respect of which, under the resolutions of the House of Commons then in force relating to the remuneration of its members, a higher salary was payable than the salary payable to members of the House of Commons generally.

MPs’ pension scheme: further provision

14 (1) A scheme under paragraph 12 may in particular—

(a) include any or all of the provisions specified in paragraphs 24 to 32, except for—

(i) the provision specified in paragraph 26(1), unless with the consent of the trustees of the Fund,

(ii) the provision specified in paragraph 31, unless with the consent of the trustees of the Fund, and

(iii) the provision specified in paragraph 29(2),

(b) make provision which has effect from a date earlier than the date the scheme is made,

(c) make provision in relation to service before the passing of this Act,

(d) make different provision in relation to different cases, circumstances or persons, and

(e) make such incidental, consequential and transitional provision (other than provision modifying an enactment or subordinate legislation) as the IPSA considers appropriate.

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

Procedure for MPs’ pension scheme

15 (1) Before making a scheme under paragraph 12 the IPSA must consult—

(a) the Treasury,

(b) the Minister for the Civil Service,

(c) the trustees of the Fund,

(d) persons the IPSA considers to represent those likely to be affected by the scheme,

(e) the Government Actuary,

(f) the Review Body on Senior Salaries, and

(g) any other person the IPSA considers appropriate.

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

(a) any representations made to it by the trustees of the Fund in response to consultation under this paragraph,

(b) any scheme made by it under paragraph 12, and

(c) a statement of the reasons for making the scheme.

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

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

(a) if the name of the body is changed, is to be treated as a reference to the body by its new name, and

(b) if the functions of the body (or substantially corresponding functions) become functions of a different body, is to be treated as a reference to the body by which those functions are exercisable.

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

Ministers’ etc pension scheme

Ministers’ etc pension scheme

16 (1) 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.

(2) This paragraph applies to service as—

(a) the holder of an office specified in Parts 1 to 4 of Schedule 1 to the Ministerial and other Salaries Act 1975 (ministerial offices),

(b) the holder of an office specified in Part 1 of Schedule 2 to that Act (Opposition leaders and whips),

(c) Speaker of the House of Lords,

(d) Chairman of Committees of the House of Lords,

(e) Deputy Chairman of Committees of the House of Lords.

(3) A scheme under this paragraph may not provide for the application of any of the assets of the Fund in or towards the provision of pensions for or in respect of a person with service as—

(a) Lord Chancellor,

(b) Prime Minister and First Lord of the Treasury, or

(c) Speaker of the House of Commons.

Ministers’ etc pension scheme: further provision

17 (1) A scheme under paragraph 16 may in particular—

(a) include any or all of the provisions specified in paragraphs 24 to 32 and 34, except the provisions specified in paragraphs 26(1) and 31 unless with the consent of the trustees of the Fund,

(b) make provision which has effect from a date earlier than the date the scheme is made,

(c) make provision in relation to service before the passing of this Act (including, in relation to service within paragraph 16(2)(a) or (b), service before the passing of the Ministerial and other Salaries Act 1975),

(d) make different provision in relation to different cases, circumstances or persons, and

(e) make such incidental, consequential and transitional provision (other than provision modifying an enactment or subordinate legislation) as the Minister considers appropriate.

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

Procedure for Ministers’ etc pension scheme

18 (1) Before making a scheme under paragraph 16 the Minister for the Civil Service must consult—

(a) the IPSA,

(b) the Government Actuary,

(c) the trustees of the Fund, and

(d) any other person the Minister considers appropriate.

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

(a) any representations made to the Minister by the trustees of the Fund in response to consultation under this paragraph,

(b) any scheme made by the Minister under paragraph 16, and

(c) a statement of the reasons for making the scheme.

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

Supplementary provision

Protection of accrued rights

19 (1) This paragraph applies where—

(a) the IPSA makes a scheme under paragraph 12, or

(b) the Minister for the Civil Service makes a scheme under paragraph 16,

(the “new scheme”).

(2) 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.

(3) Sub-paragraph (2) does not apply if—

(a) the trustees of the Fund consent to the new scheme making the provision, and

(b) the person making the new scheme is satisfied that the consent requirement is met.

(4) 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—

(a) the person (“P”) in respect of whose service the right has accrued, or

(b) if P is dead, the persons (“the survivors”) who because of the accrued right are entitled, or may become entitled, to a pension or the benefit of any pension.

(5) 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)—

(a) information in writing which adequately explains the nature of the provision and its effect,

(b) notice in writing that they may make representations about the provision,

(c) an adequate opportunity to make such representations, and

(d) notice in writing that the provision has effect in relation to the accrued right only with their written consent.

(6) 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.

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

(a) where the new scheme is a scheme under paragraph 12, service as a member of the House of Commons, and

(b) where the new scheme is a scheme under paragraph 16, service to which that paragraph applies.

Meaning of “accrued right”

20 (1) This paragraph applies for the interpretation of paragraph 19.

(2) “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.

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

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

Power to make consequential amendments

21 (1) 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.

(2) 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.

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

(4) 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)).

(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.

Interpretation etc

22 (1) 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.

(2) 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.

(3) For the purposes of this Schedule “member”—

(a) in relation to a scheme under paragraph 12, means a person with service as a member of the House of Commons who, in respect of that service, has a right or entitlement under the scheme to a pension or future pension payable out of the Fund, and

(b) in relation to a scheme under paragraph 16, means a person with service to which that paragraph applies who, in respect of that service, has a right or entitlement under the scheme to a pension or future pension payable out of the Fund.

(4) 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.

Part 2 Provision which may be included in schemes

Introductory

23 (1) In this Part of this Schedule “relevant service”—

(a) for the purposes of paragraph 14(1)(a), means service as a member of the House of Commons, and

(b) for the purposes of paragraph 17(1)(a), means service to which paragraph 16 applies.

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

Contributions

24 Provision authorising or requiring contributions and other sums to be paid into the Fund by or on behalf of persons in relevant service, including provision for those contributions and sums to be paid—

(a) by deductions from salary;

(b) in the case of a person who does not draw a salary, out of money provided by Parliament.

Conditions etc

25 Provision as to—

(a) the circumstances in which there is to be entitlement to a pension payable out of the Fund;

(b) the conditions of any such entitlement;

(c) the persons to or for the benefit of whom such a pension is payable;

(d) the calculation of the amount of any such pension;

(e) the payment or commutation of any such pension.

Pensions not paid out of Fund

26 (1) 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.

(2) 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.

Transfer values

27 (1) 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).

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

Service

28 Provision authorising service other than relevant service to be taken into account, in addition to relevant service, for the purposes of any provision of the scheme.

Repayments

29 (1) 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.

(2) 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.

(3) 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.

Assignment etc

30 Provision rendering void—

(a) any assignment (or, in Scotland, assignation) of a pension which is payable or may become payable out of the Fund;

(b) any charge on such a pension;

(c) any agreement to assign or charge such a pension.

Functions

31 Provision conferring functions under the scheme on persons specified in or determined under the scheme.

Approvals

32 Provision making the approval, satisfaction or opinion of persons on whom functions are conferred by or under the scheme material for the purposes of any provision of the scheme.

Payments without probate

33 Provision authorising (in relation to such cases, circumstances or persons as may be specified in or determined under the scheme) any sum due to be paid out of the Fund in respect of a person who has died to be paid without probate or other proof of title.

Application of other provisions

34 Provision which (with or without modifications) applies in relation to a pension payable out of the Fund so much of any enactment or subordinate legislation (whenever passed or made) as relates to another pension, being a pension payable out of money provided by Parliament.

Part 3 Amendments, transitional provision etc

Pensions (Increase) Act 1971 (c. 56)

35 (1) Part 1 of Schedule 2 is amended as follows.

(2) For paragraph 3A substitute—

“3A A pension which, under a scheme under paragraph 12 or 16 of Schedule 6 to the Constitutional Reform and Governance Act 2010, is payable out of the Parliamentary Contributory Pension Fund.”

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

Parliamentary and other Pensions Act 1972 (c. 48)

36 (1) Section 27 (pensions for dependants of Prime Minister or Speaker) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a) for the words from “in respect” to the end substitute “under a scheme made by the Minister for the Civil Service under paragraph 16 of Schedule 6 to the Constitutional Reform and Governance Act 2010 to receive a pension payable out of the Parliamentary Contributory Pension Fund in respect of service to which that paragraph applies”, and

(b) in paragraph (c) for “Treasury” substitute “Minister for the Civil Service”.

(3) In subsection (2)—

(a) for “the Parliamentary pension scheme” substitute “a scheme made by the Minister for the Civil Service under paragraph 16 of Schedule 6 to the Constitutional Reform and Governance Act 2010”,

(b) in paragraph (a) for “as a Member of the House of Commons” substitute “to which that paragraph applies”, and

(c) in paragraph (b), for “Leader of the House of Commons” substitute “Minister for the Civil Service”.

(4) In subsection (5), omit from ““the Leader” to the end.

37 (1) The amendments made by paragraph 36 do not apply in relation to a person who, having held office as Prime Minister and First Lord of the Treasury or Speaker of the House of Commons, died before that paragraph comes into force.

(2) In relation to such a person section 27 of the Parliamentary and other Pensions Act 1972, and the provisions designated under that section, have effect as if this Act had not been passed.

European Parliament (Pay and Pensions) Act 1979 (c. 50)

38 (1) Section 4 (pensions) is amended as follows.

(2) In subsection (1)—

(a) for “Leader of the House of Commons may by order make” substitute “IPSA may make a scheme containing”, and

(b) for “by the order” substitute “in the scheme”.

(3) In subsection (2)—

(a) for “orders” substitute “a scheme”, and

(b) for “order” substitute “scheme”.

(4) In subsection (3)—

(a) for “an order” substitute “a scheme”, and

(b) in paragraphs (d) and (g) for “order” substitute “scheme”.

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

(6) For subsection (4) substitute—

“(4) Before making a scheme under this section the IPSA must consult—

(a) the Treasury,

(b) the Minister for the Civil Service,

(c) persons it considers to represent those likely to be affected by the scheme,

(d) the Government Actuary, and

(e) any other person it considers appropriate.

(4A) The IPSA must send to the Speaker of the House of Commons for laying before both Houses of Parliament—

(a) any scheme made by it under this section, and

(b) a statement of the reasons for making the scheme.

(4B) When the scheme and the statement of reasons have been laid, the IPSA must publish them in a way it considers appropriate.”

(7) For subsection (5) substitute—

“(5) The IPSA must from time to time prepare a report on the operation of any provisions in force under this section, and send it to the Speaker of the House of Commons for laying before both Houses of Parliament.”

(8) After subsection (7) insert—

“(8) A scheme made by the IPSA under this section may amend or revoke any previous scheme made by the IPSA under this section.”

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

(2) In subsection (1)—

(a) for “Leader of the House of Commons may by order” substitute “IPSA may, with the consent of the Treasury and the Minister for the Civil Service”, and

(b) for “the order” substitute “the direction”.

(3) In subsection (2)—

(a) for “making an order” substitute “giving a direction”,

(b) for “Leader of the House of Commons” substitute “IPSA”,

(c) for “he” (in both places) substitute “it”,

(d) for “make such an order” substitute “give such a direction”, and

(e) for “the order” substitute “the direction”.

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

(a) for “an order” substitute “a direction”,

(b) for “orders” substitute “a scheme”, and

(c) for “order is made” substitute “direction is given”.

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

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

(a) for “any order” substitute “a scheme”, and

(b) omit the words from “or of any” to the end.

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

41 (1) Section 8 is amended as follows.

(2) In subsection (1) (interpretation)—

(a) after the definition of “electoral region” insert—

• ““the IPSA” means the Independent Parliamentary Standards Authority;”, and

(b) omit the definition of “the Leader of the House of Commons”.

(3) Omit subsection (2).

House of Commons Members’ Fund and Parliamentary Pensions Act 1981 (c. 7)

42 In section 1 (entitlement to payments out of House of Commons Members’ Fund)—

(a) in subsection (5)(b) for “paragraph (b), (c) or (d) of section 2(2) of the Parliamentary and other Pensions Act 1987” substitute “subsection (5A)”, and

(b) after subsection (5) insert—

“(5A) The offices are—

(a) the offices mentioned in paragraph 16(2)(a), (b), (d) or (e) of Schedule 6 to the Constitutional Reform and Governance Act 2010;

(b) the offices of Chairman of Ways and Means and Deputy Chairman of Ways and Means.”

Parliamentary and other Pensions Act 1987 (c. 45)

43 Omit—

(a) section 1,

(b) section 2(1) to (8) and (10),

(c) section 3, and

(d) Schedule 1.

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

(a) so far as they relate to matters which could be contained in a scheme made by the IPSA under paragraph 8, as if they were a scheme made by the IPSA under that paragraph,

(b) so far as they relate to matters which could be contained in a scheme made by the IPSA under paragraph 12, as if they were a scheme made by the IPSA under that paragraph, and

(c) so far as they relate to matters which could be contained in a scheme made by the Minister for the Civil Service under paragraph 16, as if they were a scheme made by the Minister under that paragraph.

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

(a) relates to one or more of the matters listed in paragraph 8(1), but

(b) could not be contained in a scheme under paragraph 8,

to have effect as if contained in a scheme under that paragraph.

(3) If it does so a scheme under paragraph 8 may—

(a) revoke the provision;

(b) amend it so that it makes provision which may be contained in a scheme under that paragraph (but not otherwise amend it).

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

(a) relates to service as a member of the House of Commons, but

(b) could not be contained in a scheme under paragraph 12,

to have effect as if contained in a scheme under that paragraph.

(5) If it does so a scheme under paragraph 12 may—

(a) revoke the provision;

(b) amend it so that it makes provision which may be contained in a scheme under that paragraph (but not otherwise amend it).

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

(a) relates to service to which paragraph 16 applies, but

(b) could not be contained in a scheme under that paragraph,

to have effect as if contained in a scheme under that paragraph.

(7) If it does so a scheme under paragraph 16 may—

(a) revoke the provision;

(b) amend it so that it makes provision which may be contained in a scheme under that paragraph (but not otherwise amend it).

(8) “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.

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

Ministerial and other Pensions and Salaries Act 1991 (c. 5)

45 Omit section 6.

Pensions Act 2004 (c. 35)

46 In section 249A(3)(c) (schemes to which section 249A does not apply) for “section 2 of the Parliamentary and other Pensions Act 1987 (c. 45)” substitute “paragraph 8, 12 or 16 of Schedule 6 to the Constitutional Reform and Governance Act 2010”.

Parliamentary Standards Act 2009 (c. 13)

47 (1) 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”.

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

“(3) The IPSA’s functions under the following provisions are also regulation functions—

(a) sections 3, 4 and 6 of the European Parliament (Pay and Pensions) Act 1979 (but not any function relating to the administration of a scheme under section 3 or 4);

(b) paragraphs 2 to 5, 8, 9, 11, 12 and 15 of Schedule 6 to the Constitutional Reform and Governance Act 2010 (but not any function relating to the administration of a scheme under paragraph 8 or 12).”

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

48 (1) 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).

(2) But for this purpose—

(a) the reference in section 13(6)(a) to matters dealt with by the rules is to be treated as a reference to matters which could be dealt with by a scheme under paragraph 8 or 12;

(b) section 13(6)(b) and (c) does not apply to property, rights and liabilities, or documents and information, held by or on behalf of the trustees of the Fund.

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

Trustees of the Fund

49 (1) 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.

(2) 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.

50 (1) 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)).

(2) During the transitional period—

(a) paragraph 2(1) applies as if for paragraph (c) there were substituted—

“(c) the persons who (by virtue of section 1 of the Parliamentary and other Pensions Act 1987) are the trustees of the Fund immediately before the beginning of the transitional period.”, and

(b) paragraph 5 applies to persons who are trustees of the Fund because of paragraph (a) as if they were member-nominated trustees.

(3) 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).

(4) 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.

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

(6) 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.

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

(8) At the end of the transitional period any persons who—

(a) immediately before the end of that period, are trustees of the Fund because of sub-paragraph (2)(a), but

(b) have not been nominated and selected as member-nominated trustees,

cease to be trustees of the Fund.

Section 46

SCHEDULE 7 Amendments of Freedom of Information Act 2000

1 The Freedom of Information Act 2000 is amended as follows.

2 In section 2(3) (exemptions not subject to public interest test) after paragraph (e) insert—

“(ea) in section 37, paragraphs (a) to (ab) of subsection (1), and subsection (2) so far as relating to those paragraphs,”.

3 In section 37(1) (communications with Her Majesty, etc.), for paragraph (a) substitute—

“(a) communications with the Sovereign,

(aa) communications with the heir to, or the person who is for the time being second in line of succession to, the Throne,

(ab) communications with a person who has subsequently acceded to the Throne or become heir to, or second in line to, the Throne,

(ac) communications with other members of the Royal Family (other than communications which fall within any of paragraphs (a) to (ab) because they are made or received on behalf of a person falling within any of those paragraphs), and

(ad) communications with the Royal Household (other than communications which fall within any of paragraphs (a) to (ac) because they are made or received on behalf of a person falling within any of those paragraphs), or”.

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

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

(3) After subsection (2) insert—

“(2A) Until the end of the period of 10 years beginning with the commencement of paragraph 4 of Schedule 7 to the Constitutional Reform and Governance Act 2010, subsection (1) has effect subject to any order made under section 46(2) of that Act.”

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

(2) In subsection (1)—

(a) omit “28,”, and

(b) for “36, 37(1)(a), 42 or 43” substitute “or 42”.

(3) In subsection (2)—

(a) omit “28(3),”, and

(b) for “36(3), 42(2) or 43(3)” substitute “or 42(2)”.

(4) After subsection (2) insert—

“(2A) Information contained in a historical record cannot be exempt information by virtue of section 36 except—

(a) in a case falling within subsection (2)(a)(ii) of that section, or

(b) in a case falling within subsection (2)(c) of that section where the prejudice or likely prejudice relates to the effective conduct of public affairs in Northern Ireland.

(2B) Compliance with section 1(1)(a) in relation to a historical record is not to be taken to have any of the effects referred to in subsection (3) of section 36, except where the effect—

(a) falls within subsection (2)(a)(ii) of that section, or

(b) falls within subsection (2)(c) of that section and relates to the effective conduct of public affairs in Northern Ireland.

(2C) Information cannot be exempt information—

(a) by virtue of section 28 or 43, or

(b) by virtue of section 36 in the excepted cases mentioned in subsection (2A),

after the end of the period of thirty years beginning with the year following that in which the record containing the information was created.

(2D) Compliance with section 1(1)(a) in relation to any record is not to be taken, at any time after the end of the period of thirty years beginning with the year following that in which the record was created, to be capable—

(a) of prejudicing any of the matters referred to in section 28(1) or 43(2), or

(b) of having any of the effects referred to in section 36(3) in the excepted cases mentioned in subsection (2B).

(2E) Information cannot be exempt information by virtue of any of paragraphs (a) to (ad) of section 37(1) after whichever is the later of—

(a) the end of the period of five years beginning with the date of the relevant death, and

(b) the end of the period of twenty years beginning with the date on which the record containing the information was created.

(2F) In subsection (2E)(a) “the relevant death” means—

(a) for the purposes of any of paragraphs (a) to (ac) of section 37(1), the death of the person referred to in the paragraph concerned, or

(b) for the purposes of section 37(1)(ad), the death of the Sovereign reigning when the record containing the information was created.”

6 After section 80 insert—

“80A Information held by Northern Ireland bodies

(1) This section applies to information held by—

(a) the Northern Ireland Assembly,

(b) a Northern Ireland department, or

(c) a Northern Ireland public authority.

(2) In their application to information to which this section applies, the provisions of this Act have effect subject to the following modifications.

(3) Section 2(3) (exemptions not subject to public interest test) is to be read as if paragraph (ea) were omitted.

(4) Section 37(1) (communications with Her Majesty, etc) is to be read as if for paragraphs (a) to (ad) there were substituted—

“(a) communications with the Sovereign, with other members of the Royal Family or with the Royal Household, or”.

(5) Section 62(1) (meaning of “historical record”) is to be read as if the reference to twenty years were a reference to thirty years.

(6) Section 63 (removal of exemptions: historical records generally) is to be read as if—

(a) in subsection (1), for the words from “section” to the end there were substituted “section 28, 30(1), 32, 33, 35, 36, 37(1)(a), 42 or 43”,

(b) in subsection (2), for the words from “section” to the end there were substituted “section 28(3), 33(3), 36(3), 42(2) or 43(3)”, and

(c) subsections (2A) to (2F) were omitted.”