Search Legislation

Constitutional Reform and Governance Act 2010

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Part 1

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Constitutional Reform and Governance Act 2010, Part 1 . Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Part 1 U.K.The Commissioners

Membership of the CommissionU.K.

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

(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.

Commencement Information

I1Sch. 1 para. 1 in force at 11.11.2010 by S.I. 2010/2703, art. 2(a)

Appointment of First Civil Service CommissionerU.K.

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

(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.

Commencement Information

I2Sch. 1 para. 2 in force at 11.11.2010 by S.I. 2010/2703, art. 2(a)

Appointment of Civil Service CommissionersU.K.

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

(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.

Commencement Information

I3Sch. 1 para. 3 in force at 11.11.2010 by S.I. 2010/2703, art. 2(a)

Payment of remuneration and allowances etcU.K.

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

(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.

Commencement Information

I4Sch. 1 para. 4 in force at 11.11.2010 by S.I. 2010/2703, art. 2(a)

Resignation or removal from officeU.K.

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

(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.

Commencement Information

I5Sch. 1 para. 5 in force at 11.11.2010 by S.I. 2010/2703, art. 2(a)

Compensation for loss of office of First Commissioner or CommissionerU.K.

6U.K.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.

Commencement Information

I6Sch. 1 para. 6 in force at 11.11.2010 by S.I. 2010/2703, art. 2(a)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources