Parliamentary Buildings (Restoration and Renewal) Act 2019

Section 2

[F1 SCHEDULE 1 U.K. The Parliamentary Works Sponsor Body

Textual Amendments

F1 Sch. 1 ceases to have effect (1.1.2023) by virtue of The Parliamentary Works Sponsor Body (Abolition) Regulations 2022 (S.I. 2022/1360), regs. 1, 9(2)(a) (with reg. 11)

PART 1 U.K. Members of the Sponsor Body

Membership U.K.

1 (1) The Sponsor Body is to consist of the following members— U.K.

(a) a chair appointed in accordance with paragraph 2,

(b) at least 2 but not more than 4 persons appointed in accordance with paragraph 3, and

(c) at least 4 but not more than 8 persons appointed from amongst both the members of the House of Commons and the members of the House of Lords (and see also paragraph 4).

(2) In this Schedule—

(a) references to the “external members” are to the chair and the members referred to in sub-paragraph (1)(b);

(b) references to the “Parliamentary members” are to the members referred to in sub-paragraph (1)(c).

(3) The number of Parliamentary members must be greater than the number of external members.

(4) See also paragraph 8, which makes provision about the appointment of the first external members.

External members: appointment U.K.

2 (1) The chair is to be appointed by the House Commissions. U.K.

(2) A person may be appointed as the chair only if the person has been selected for appointment by the House Commissions on merit on the basis of fair and open competition.

(3) A person may not be appointed as the chair if the person is—

(a) a member of either House of Parliament,

(b) a Minister of the Crown,

(c) a member of either of the House Commissions, or

(d) a director of the Delivery Authority (other than a director within paragraph 1(1)(c) of Schedule 2).

(4) The appointment of the chair does not have effect unless it is confirmed by a resolution of each House of Parliament.

3 (1) The external members (other than the chair) are to be appointed by the Sponsor Body. U.K.

(2) A person may be appointed under this paragraph only if the person has been selected for appointment by the Sponsor Body on merit on the basis of fair and open competition.

(3) A person may not be appointed under this paragraph if the person is—

(a) a member of either House of Parliament,

(b) a Minister of the Crown,

(c) a member of either of the House Commissions, or

(d) a director of the Delivery Authority (other than a director within paragraph 1(1)(c) of Schedule 2).

(4) The functions conferred by this paragraph on the Sponsor Body are to be discharged by the House Commissions—

(a) before the Sponsor Body is first constituted in accordance with paragraph 1(1), or

(b) at any time when the number of external members is less than 2.

(5) The appointment of an external member under this paragraph does not have effect unless it is confirmed by a resolution of each House of Parliament.

Parliamentary members: appointment U.K.

4 (1) A person may not be appointed as a Parliamentary member if the person is— U.K.

(a) a member of either of the House Commissions,

(b) a Minister of the Crown,

(c) a director of the Delivery Authority (other than a director within paragraph 1(1)(c) of Schedule 2), or

(d) a member of the Estimates Commission.

(2) The appointment of a Parliamentary member does not have effect unless it is confirmed by a resolution of the House of Parliament from which the person is drawn.

Terms of appointment: general U.K.

5 (1) An external member of the Sponsor Body holds and vacates office in accordance with the terms and conditions of the member's appointment (subject to this Schedule). U.K.

(2) A Parliamentary member of the Sponsor Body holds and vacates office in accordance with terms and conditions set by the Sponsor Body (subject to this Schedule).

6 (1) A member must be appointed for a fixed term of not more than 3 years. U.K.

(2) Those responsible for setting fixed terms for members must have regard to the desirability of securing that appointments do not all expire at the same time.

(3) The reference in sub-paragraph (2) to those responsible for setting fixed terms is a reference to the House Commissions (in the case of the chair) and the Sponsor Body (in the case of other members).

7 U.K. The previous appointment of a person as a member does not affect the person's eligibility for re-appointment.

Appointment of initial external members U.K.

8 (1) The person who, immediately before the commencement day, was the chair of the shadow Sponsor Body is to be treated as having been appointed on that day as the chair of the Sponsor Body in accordance with paragraph 2. U.K.

(2) Appointment by virtue of sub-paragraph (1) is to be treated as being for a term of 3 years.

(3) A person who, immediately before the commencement day—

(a) was a member of the shadow Sponsor Body (other than the chair), and

(b) was not a member of either House of Parliament,

is to be treated as having been appointed on that day as a member of the Sponsor Body in accordance with paragraph 3 (external members).

(4) Appointment by virtue of sub-paragraph (3) is to be treated as being for a term ending with the last day of the period of 3 years beginning with the day on which the shadow Sponsor Body was established.

(5) An appointment by virtue of sub-paragraph (1) or (3) ceases to have effect at the end of the period of 1 month beginning with the commencement day unless, before the end of that period, the appointment is confirmed by a resolution of each House of Parliament.

(6) Paragraphs 2, 3 and 6 do not apply in relation to a member who is appointed by virtue of sub-paragraph (1) or (3).

(7) In this paragraph—

• “the commencement day” means the day on which section 2(1) comes into force;

• “the shadow Sponsor Body” means the body, established in July 2018 in connection with the restoration of the Palace of Westminster, which is known as the shadow Sponsor Body.

Remuneration for external members U.K.

9 U.K. The Sponsor Body may pay to an external member such remuneration and allowances as the Sponsor Body may determine.

Code of conduct U.K.

10 (1) The Sponsor Body must issue, and may from time to time revise, a code of conduct for its members. U.K.

(2) The code must in particular—

(a) incorporate the Nolan principles or such other similar principles as may be adopted by the Sponsor Body from time to time, and

(b) include provision about the disclosure of interests by the members of the Sponsor Body.

(3) “The Nolan principles” means the 7 general principles of public life set out in the First Report of the Committee on Standards in Public Life (Cm 2850).

Resignation, suspension and removal U.K.

11 (1) In this paragraph “the appropriate authority” means— U.K.

(a) in relation to the chair, the House Commissions, and

(b) in relation to any other member, the chair.

(2) A member of the Sponsor Body may resign by giving notice in writing to the appropriate authority.

(3) The appropriate authority may without notice suspend a member of the Sponsor Body from office if it appears to the appropriate authority that the member—

(a) has failed without reasonable excuse to carry out the member's functions, or

(b) is unable or unfit to carry out the member's functions.

(4) The period of suspension must not exceed 3 months.

(5) The appropriate authority must review the suspension before the expiry of the period of suspension.

(6) Following a review, the appropriate authority may—

(a) revoke the suspension, or

(b) decide that the member should be removed from office.

(7) A decision under sub-paragraph (6)(b) does not have effect unless it is confirmed—

(a) in the case of an external member, by a resolution of each House of Parliament, or

(b) in the case of a Parliamentary member, by a resolution of the House of Parliament from which the member is drawn.

12 (1) A Parliamentary member ceases to be a member of the Sponsor Body if— U.K.

(a) the member ceases to be a member of the relevant House (but see sub-paragraph (4)),

(b) the relevant House orders the suspension of the member from the service of that House for a specified period of the requisite length,

(c) the member becomes—

(i) a member of either of the House Commissions, or

(ii) a Minister of the Crown,

(d) the member becomes a director of the Delivery Authority (other than a director within paragraph 1(1)(c) of Schedule 2), or

(e) in the case of a Lords member, the member is granted leave of absence in accordance with Standing Orders of the House of Lords.

(2) For the purposes of sub-paragraph (1)(b) a specified period is “of the requisite length” if—

(a) where the period is expressed as a number of sitting days, it is a period of at least 10 sitting days, or

(b) in any other case, the period (however expressed) is a period of at least 14 days.

(3) For the purposes of sub-paragraph (1)(b) it does not matter—

(a) when the period of suspension starts, and

(b) where that period is expressed as a number of sitting days, what provision (if any) is made by the relevant House regarding what does, or does not, count as a sitting day for the purpose of calculating that period.

(4) Where a Commons member ceases to be a member of the House of Commons on the dissolution of Parliament prior to a Parliamentary general election—

(a) sub-paragraph (1)(a) does not apply, and

(b) unless the person is re-elected to the House of Commons at the election (and subject to the earlier expiry of the person's term of appointment), the person ceases to be a member of the Sponsor Body—

(i) on the appointment of a new Parliamentary member in the person's place, or

(ii) if no new Parliamentary member is appointed, at the end of the period of 6 months beginning with the date on which the person ceases to be a member of the House of Commons.

(5) For the purposes of this Schedule (other than this paragraph), a person is to be treated as a member of the House of Commons for any period during which—

(a) the person continues to be a member of the Sponsor Body as a result of sub-paragraph (4)(a), and

(b) is not a member of the House of Commons.

(6) In this paragraph—

• “Commons member” and “Lords member” mean a person who is a Parliamentary member by virtue of being a member of the House of Commons or the House of Lords (as the case may be);

• “the relevant House”, in relation to a Parliamentary member, means the House of Parliament from which the member is drawn.

13 U.K. An external member ceases to be a member of the Sponsor Body on becoming—

(a) a member of either House of Parliament,

(b) a Minister of the Crown,

(c) a member of either of the House Commissions, or

(d) a director of the Delivery Authority (other than a director within paragraph 1(1)(c) of Schedule 2).

Interim chair U.K.

14 (1) The House Commissions may appoint one of the external members of the Sponsor Body to be its interim chair if— U.K.

(a) the office of chair is vacant, or

(b) the chair is suspended from office under paragraph 11(3).

(2) Appointment as interim chair is for a term ending on the earliest of—

(a) the appointment of a new chair,

(b) the revocation or expiry of the existing chair's suspension, and

(c) the end of the interim chair's term as an external member.

(3) The previous appointment of a person as interim chair does not affect the person's eligibility for re-appointment as interim chair.

PART 2 U.K. Powers, procedure, reporting etc

Status U.K.

15 (1) The Sponsor Body is not to be regarded— U.K.

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

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

(2) The members and staff of the Sponsor Body are not to be regarded as Crown servants.

Powers U.K.

16 U.K. The Sponsor Body may do anything that is calculated to facilitate the carrying out of its functions or is incidental or conducive to the carrying out of those functions.

Staff U.K.

17 (1) The Sponsor Body must appoint a person to be its chief executive officer. U.K.

(2) The chief executive officer is a member of the Sponsor Body's staff and is to be appointed on terms and conditions determined by the Sponsor Body.

(3) The Sponsor Body may appoint other staff on terms and conditions determined by the Sponsor Body.

(4) In determining terms and conditions of appointment under sub-paragraph (2) or (3) (including as to remuneration and allowances), the Sponsor Body must have regard to the desirability of keeping the terms and conditions broadly in line with those applying to staff in the House Departments (within the meaning of the House of Commons (Administration) Act 1978).

18 (1) In the Superannuation Act 1972, in Schedule 1 (kinds of employment to which a scheme under section 1 of that Act can apply), in the list of other bodies, at the appropriate place insert— “ The Parliamentary Works Sponsor Body. ” U.K.

(2) The Sponsor Body must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to this paragraph in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

Transfer of property etc to the Sponsor Body U.K.

19 (1) The Leader of the House of Commons may make one or more schemes providing for the transfer to the Sponsor Body of qualifying property, rights and liabilities of— U.K.

(a) the House of Commons Commission, or

(b) the Corporate Officer of the House of Commons.

(2) The Leader of the House of Lords may make one or more schemes providing for the transfer to the Sponsor Body of qualifying property, rights and liabilities of the Corporate Officer of the House of Lords.

(3) The Leader of the House of Commons and the Leader of the House of Lords may jointly make one or more schemes providing for the transfer to the Sponsor Body of qualifying property, rights and liabilities held or incurred jointly by the Corporate Officer of the House of Commons and the Corporate Officer of the House of Lords.

(4) “Qualifying property, rights and liabilities” means property, rights and liabilities that the Sponsor Body considers it necessary to be transferred to it in connection with the Parliamentary building works.

(5) The things that may be transferred under a transfer scheme include—

(a) property, rights or liabilities that could not otherwise be transferred;

(b) property acquired, or rights and liabilities arising, after the making of the scheme.

(6) If the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) do not apply in relation to a transfer, a transfer scheme must make equivalent provision.

(7) A transfer scheme may—

(a) create rights, or impose liabilities, in relation to property or rights transferred;

(b) make provision about the continuing effect of things done by the transferor in respect of anything transferred;

(c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred;

(d) make other consequential, supplementary, incidental or transitional provision.

(8) A transfer scheme may provide—

(a) for modifications to the scheme by agreement between the person making the scheme and the person (or persons) affected by the modifications;

(b) for modifications to have effect from the date when the original scheme came into effect.

(9) Before making a transfer scheme, the person making the scheme must consult—

(a) in the case of a scheme under sub-paragraph (1), the Corporate Officer of the House of Commons;

(b) in the case of a scheme under sub-paragraph (2), the Corporate Officer of the House of Lords;

(c) in the case of a scheme under sub-paragraph (3), both those Corporate Officers.

(10) In this paragraph—

(a) “transferor”, in relation to a transfer scheme, means the person or persons for the transfer of whose qualifying property, rights or liabilities the scheme provides;

(b) references to rights and liabilities include rights and liabilities relating to a contract of employment.

Committees U.K.

20 (1) The Sponsor Body may establish committees. U.K.

(2) A committee established under sub-paragraph (1) may establish one or more sub-committees.

(3) A committee or sub-committee may consist of or include persons who are neither members, nor members of staff, of the Sponsor Body.

Delegation U.K.

21 U.K. The Sponsor Body may delegate functions to a committee, sub-committee, member or member of staff.

Delegation and contracting out of pension functions U.K.

22 (1) Section 1(2) of the Superannuation Act 1972 (delegation of functions relating to civil service superannuation schemes by Minister for the Civil Service to another officer of the Crown etc) has effect as if the reference to an officer of the Crown other than a Minister included a reference to the Sponsor Body's chief executive officer. U.K.

(2) A pension function conferred on the chief executive officer by virtue of sub-paragraph (1) may be carried out by—

(a) a person authorised by the chief executive officer, or

(b) an employee of a person so authorised.

(3) “Pension function” means a function of administering schemes made under section 1 of the Superannuation Act 1972, and from time to time in force.

(4) The chief executive officer may under sub-paragraph (2) authorise a person to exercise pension functions—

(a) to their full extent or to a specified extent;

(b) in all cases or in specified cases;

(c) unconditionally or subject to specified conditions.

(5) An authorisation under sub-paragraph (2)—

(a) is to be treated for all purposes as given by virtue of an order under section 69 of the Deregulation and Contracting Out Act 1994 (contracting out of functions of Ministers and office-holders), and

(b) may be revoked at any time by the Sponsor Body or the chief executive officer.

Procedure U.K.

23 (1) The Sponsor Body may (subject to this Schedule) determine its own procedure and the procedures of its committees and sub-committees. U.K.

(2) No proceedings of the Sponsor Body, or of its committees or sub-committees, are invalidated by a vacancy or a defective appointment.

24 (1) The quorum for a meeting of the Sponsor Body is 5 members, who must include at least 2 external members and at least 2 Parliamentary members. U.K.

(2) The Clerk of the Parliaments and the Clerk of the House of Commons, or their representatives, may attend and participate in meetings of the Sponsor Body.

(3) The Sponsor Body may nominate an external member to chair a particular meeting of the Sponsor Body if—

(a) the office of chair is vacant, or the chair is suspended from office under paragraph 11(3), and no interim chair has been appointed under paragraph 14, or

(b) the chair is unable, unfit or unwilling to perform the chair's functions (whether because of illness or otherwise).

Accounts and audit U.K.

25 (1) The Sponsor Body must keep proper accounts and proper records in relation to them. U.K.

(2) The Sponsor Body must prepare a statement of accounts for each financial year in accordance with directions given to it by the Treasury.

(3) The directions that the Treasury may give under sub-paragraph (2) include, for example, directions as to—

(a) the content and form of the statement of accounts,

(b) the methods and principles to be applied in preparing it, and

(c) the additional information (if any) that is to be provided for the information of Parliament.

(4) The chief executive officer is to be the Sponsor Body's accounting officer (but see paragraph 26).

(5) The accounting officer is to have, in relation to the Sponsor Body's accounts and finance, the responsibilities that are from time to time specified by the Sponsor Body.

(6) The reference in sub-paragraph (5) to responsibilities includes—

(a) responsibilities in relation to the signing of accounts;

(b) responsibilities for the propriety and regularity of the Sponsor Body's finances;

(c) responsibilities for the economy, efficiency and effectiveness with which the Sponsor Body's resources are used;

(d) responsibilities in relation to the appointment of the Delivery Authority's accounting officer.

(7) The Sponsor Body must send a copy of the statement of accounts for a financial year to the Comptroller and Auditor General as soon as practicable after the end of that year.

(8) The Comptroller and Auditor General must—

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

(b) send a copy of the certified statement and of the report to the Sponsor Body as soon as practicable.

(9) The Sponsor Body must, in respect of each financial year, lay before Parliament a copy of the certified statement and report sent under sub-paragraph (8)(b).

26 (1) If the chief executive officer is unable to discharge the chief executive officer's responsibilities as accounting officer, the Sponsor Body must nominate a member of its staff to be the accounting officer for as long as the chief executive officer is so unable. U.K.

(2) If the office of chief executive officer is vacant, the Sponsor Body must nominate a member of its staff to be the accounting officer for as long as the office of chief executive officer remains vacant.

Report U.K.

27 (1) At least once in every calendar year, the Sponsor Body must prepare and lay before Parliament a report about the carrying out of the Parliamentary building works and the progress that has been made towards completion of those works. U.K.

(2) A report under this paragraph must in particular include information about persons to whom contracts in respect of the carrying out of the Parliamentary building works have been awarded, in particular—

(a) their size, and

(b) the areas in which they operate.

(3) The Sponsor Body must publish each report prepared under this paragraph in whatever way the Sponsor Body considers appropriate.

Documentary evidence U.K.

28 (1) The application of the seal of the Sponsor Body must be authenticated by the signature of— U.K.

(a) a member of the Sponsor Body, or

(b) another person authorised for that purpose by the Sponsor Body.

(2) A document purporting to be duly executed under the Sponsor Body'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 shown.

(3) Sub-paragraphs (1) and (2) do not extend to Scotland.

Freedom of information U.K.

29 U.K. 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— “ The Parliamentary Works Sponsor Body. ”]