Constitutional Reform and Governance Act 2010

1. Introductory Text

2. Part 1 The civil service

   1. CHAPTER 1 Statutory basis for management of the civil service

      1. Application

         1. 1. Application of Chapter

      2. Civil Service Commission

         1. 2. Establishment of the Civil Service Commission

      3. Power to manage the civil service

         1. 3. Management of the civil service

      4. 4. Other statutory management powers

      5. Codes of conduct

         1. 5. Civil service code

         2. 6. Diplomatic service code

         3. 7. Minimum requirements for civil service and diplomatic service codes

         4. 8. Special advisers code

         5. 9. Conduct that conflicts with a code of conduct: complaints by civil servants

      6. Appointment

         1. 10. Selections for appointments to the civil service

         2. 11. Recruitment principles

         3. 12. Approvals for selections and exceptions

         4. 13. Complaints about competitions

         5. 14. Monitoring by the Commission

      7. Special advisers

         1. 15. Definition of “special adviser”

         2. 16. Annual reports about special advisers

      8. Additional functions of the Commission

         1. 17. Agreements for the Commission to carry out additional functions

      9. Final provisions

         1. 18. Definitions etc

   2. CHAPTER 2 Consequential and transitional provision

      1. 19. Consequential amendments and transitional provision

3. Part 2 Ratification of treaties

   1. 20. Treaties to be laid before Parliament before ratification

   2. 21. Extension of 21 sitting day period

   3. 22. Section 20 not to apply in exceptional cases

   4. 23. Section 20 not to apply to certain descriptions of treaties

   5. 24. Explanatory memoranda

   6. 25. Meaning of “treaty” and “ratification”

4. Part 3 Parliamentary standards etc

   1. Amendments of the Parliamentary Standards Act 2009

      1. 26. Compliance Officer

      2. 27. Membership of Speaker’s Committee

      3. 28. Transparency etc

      4. 29. MPs’ salaries

      5. 30. MPs’ allowances scheme

      6. 31. Allowances claims

      7. 32. MPs’ code of conduct relating to financial interests

      8. 33. Investigations

      9. 34. Enforcement

      10. 35. Relationships with other bodies etc

      11. 36. Further functions of the IPSA and Commissioner

      12. 37. Expiry of provisions of the Parliamentary Standards Act 2009

      13. 38. Consequential amendments

   2. Other provision

      1. 39. Resettlement grants for MEPs

      2. 40. Parliamentary and other pensions

5. Part 4 Tax status of MPs and members of the House of Lords

   1. 41. Tax status of MPs and members of the House of Lords

   2. 42. Tax status of members of the House of Lords: transitional provision

6. Part 5 Transparency of government financial reporting to Parliament

   1. 43. Inclusion in departmental estimates of resources used by designated bodies

   2. 44. Corresponding provision in relation to Wales

7. Part 6 Public records and freedom of information

   1. 45. Transfer of records to Public Record Office

   2. 46. Freedom of information

8. Part 7 Miscellaneous and final provisions

   1. 47. Section 3 of the Act of Settlement

   2. 48. Parliamentary elections: counting of votes

   3. 49. Meaning of “Minister of the Crown”

   4. 50. Financial provision

   5. 51. Power to make consequential provision

   6. 52. Extent, commencement, transitional provision and short title

9. SCHEDULES

   1. SCHEDULE 1

      The Civil Service Commission

      1. Part 1 The Commissioners

         1. 1. Membership of the Commission

         2. 2. Appointment of First Civil Service Commissioner

         3. 3. Appointment of Civil Service Commissioners

         4. 4. Payment of remuneration and allowances etc

         5. 5. Resignation or removal from office

         6. 6. Compensation for loss of office of First Commissioner or Commissioner

      2. Part 2 The Commission

         1. 7. Status of the Commission and its property

         2. 8. Powers

         3. 9. Committees

         4. 10. Procedure and proceedings

         5. 11. Staff

         6. 12. Pensions

         7. 13. Arrangements for assistance

         8. 14. Delegation

         9. 15. Financial provisions

         10. 16. Accounts

         11. 17. Reports

         12. 18. Meaning of “financial year”

         13. 19. Documentary evidence

   2. SCHEDULE 2

      Consequential amendments and transitional provision relating to Part 1

      1. Part 1 Consequential amendments to Acts of Parliament

         1. 1. Parliamentary Commissioner Act 1967 (c. 13)

         2. 2. Superannuation Act 1972 (c. 11)

         3. 3. House of Commons Disqualification Act 1975 (c. 24)

         4. 4. Northern Ireland Assembly Disqualification Act 1975 (c. 25)

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

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

         7. 7. In section 2(1)(a) for “Her Majesty’s Home Civil Service” substitute...

         8. 8. Government of Wales Act 1998 (c. 38)

         9. 9. Scotland Act 1998 (c. 46)

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

         11. 11. Regulation of Investigatory Powers Act 2000 (c. 23)

         12. 12. Freedom of Information Act 2000 (c. 36)

         13. 13. Tax Credits Act 2002 (c. 21)

         14. 14. Extradition Act 2003 (c. 41)

         15. 15. Government of Wales Act 2006 (c. 32)

         16. 16. Police and Justice Act 2006 (c. 48)

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

         18. 18. Crossrail Act 2008 (c. 18)

      2. Part 2 Consequential amendments to other legislation

         1. 19. Civil Service Orders in Council

         2. 20. Diplomatic Service Orders in Council

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

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

         5. 23. In Schedules 3 and 4 for “Head of the Home...

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

      3. Part 3 Transitional provision relating to the Civil Service Commission

         1. 25. Definitions

         2. 26. Head of the old commission to become First Commissioner

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

         4. 28. Members of the old commission to become Commissioners

         5. 29. Restriction on period of office for former member of old commission

         6. 30. Audits of recruitment policies and practices

         7. 31. Requirements to publish recruitment information

         8. 32. Appeals by civil servants

         9. 33. (1) This paragraph applies in relation to a matter occurring...

         10. 34. First annual report

         11. 35. Transfer of property, rights and liabilities

         12. 36. Information previously held by old commission

         13. 37. Preparatory work

      4. Part 4 Other transitional provision

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

         2. 39. Power to manage the civil service

         3. 40. (1) So far as— (a) an Order in Council revoked...

         4. 41. Selection on merit etc

         5. 42. For the purpose of determining whether a selection for an...

         6. 43. Special advisers

   3. SCHEDULE 3

      Parliamentary Standards Act 2009: substituted Schedule 2

   4. SCHEDULE 4

      Parliamentary Standards Act 2009: new Schedule 4

   5. SCHEDULE 5

      Parliamentary standards: consequential amendments

      1. Part 1 Amendments of the Parliamentary Standards Act 2009

         1. 1. The Parliamentary Standards Act 2009 is amended as follows.

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

         3. 3. In section 5(8) (allowances) for the words from “and” to...

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

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

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

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

      2. Part 2 Amendments of other Acts

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

         2. 9. Parliamentary and other Pensions Act 1987 (c. 45)

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

         4. 11. Scotland Act 1998 (c. 46)

         5. 12. Government of Wales Act 2006 (c. 32)

   6. SCHEDULE 6

      Parliamentary and other pensions

      1. Part 1 Parliamentary and other pensions

         1. The Parliamentary Contributory Pension Fund etc

            1. 1. Continuance of Fund

            2. 2. Number and composition of trustees

            3. 3. Member-nominated trustees

            4. 4. Remuneration

            5. 5. Resignation and removal of trustees

            6. 6. Proceedings

            7. 7. Powers of trustees

            8. 8. Administration scheme

            9. 9. Procedure for administration scheme

            10. 10. Exchequer contribution to Fund

            11. 11. Power to determine Exchequer contribution

         2. MPs’ pension scheme

            1. 12. MPs’ pension scheme

            2. 13. Meaning of “service as a member of the House of Commons”

            3. 14. MPs’ pension scheme: further provision

            4. 15. Procedure for MPs’ pension scheme

         3. Ministers’ etc pension scheme

            1. 16. Ministers’ etc pension scheme

            2. 17. Ministers’ etc pension scheme: further provision

            3. 18. Procedure for Ministers’ etc pension scheme

         4. Supplementary provision

            1. 19. Protection of accrued rights

            2. 20. Meaning of “accrued right”

            3. 21. Power to make consequential amendments

            4. 22. Interpretation etc

      2. Part 2 Provision which may be included in schemes

         1. 23. Introductory

         2. 24. Contributions

         3. 25. Conditions etc

         4. 26. Pensions not paid out of Fund

         5. 27. Transfer values

         6. 28. Service

         7. 29. Repayments

         8. 30. Assignment etc

         9. 31. Functions

         10. 32. Approvals

         11. 33. Payments without probate

         12. 34. Application of other provisions

      3. Part 3 Amendments, transitional provision etc

         1. 35. Pensions (Increase) Act 1971 (c. 56)

         2. 36. Parliamentary and other Pensions Act 1972 (c. 48)

         3. 37. (1) The amendments made by paragraph 36 do not apply...

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

         5. 39. (1) Section 6 (block transfer into another pension scheme) is...

         6. 40. (1) Section 7 (expenses and receipts) is amended as follows....

         7. 41. (1) Section 8 is amended as follows.

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

         9. 43. Parliamentary and other Pensions Act 1987 (c. 45)

         10. 44. (1) The existing regulations have effect (subject to any provision...

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

         12. 46. Pensions Act 2004 (c. 35)

         13. 47. Parliamentary Standards Act 2009 (c. 13)

         14. 48. (1) An order under section 13 of the Parliamentary Standards...

         15. 49. Trustees of the Fund

         16. 50. (1) In this paragraph “the transitional period” means the period...

   7. SCHEDULE 7

      Amendments of Freedom of Information Act 2000

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

      2. 2. In section 2(3) (exemptions not subject to public interest test)...

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

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

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

      6. 6. After section 80 insert— Information held by Northern Ireland bodies...