Child Poverty Act 2010

Section 8

SCHEDULE 1 The Child Poverty Commission

Membership, chair and deputy chair

1 (1) The members of the Commission are to be—

(a) a chair appointed by the Secretary of State,

(b) a member appointed by the Scottish Ministers,

(c) a member appointed by the Welsh Ministers,

(d) a member appointed by the relevant Northern Ireland department, and

(e) such number of other members appointed by the Secretary of State as the Secretary of State may determine.

(2) Before appointing a member under sub-paragraph (1)(e), the Secretary of State must consult—

(a) the chair, and

(b) the Scottish Ministers, the Welsh Ministers and the relevant Northern Ireland department.

(3) The Commission may appoint one of the members as the deputy chair.

(4) The Secretary of State must have regard to the desirability of securing that the Commission (taken as a whole) has experience in or knowledge of—

(a) the formulation, implementation and evaluation of policy relating to child poverty;

(b) research in connection with child poverty;

(c) work with children and families experiencing poverty.

Term of office

2 Members are to hold and vacate office in accordance with the terms of their appointment, subject to the following provisions.

3 Members must be appointed for a term of not more than 5 years.

4 The consent of the Secretary of State is required for the terms of an appointment made under paragraph 1(1)(b) to (d).

5 A member may resign by giving notice in writing to the Secretary of State.

6 The Secretary of State may remove a member if—

(a) the person has been absent from 3 or more consecutive meetings of the Commission, without its permission,

(b) the person has become bankrupt or has made an arrangement with creditors,

(c) the person’s estate has been sequestrated in Scotland or the person, under Scots law, has made a composition or arrangement with, or granted a trust deed for, creditors, or

(d) the Secretary of State is satisfied that the person is otherwise unable or unfit to perform the duties of the office.

7 A person ceases to be the chair or the deputy chair if the person—

(a) resigns that office by giving notice in writing to the Secretary of State, or

(b) ceases to be a member.

8 A person who holds or has held office as the chair, or as the deputy chair or other member, may be reappointed, whether or not to the same office.

Staff and facilities

9 The Secretary of State may provide the Commission with—

(a) such staff,

(b) such accommodation, equipment and other facilities, and

(c) such sums,

as the Secretary of State may determine are required by the Commission in the exercise of its functions.

Research

10 (1) The Commission may at any time request the Secretary of State to carry out, or commission others to carry out, such research on behalf of the Commission for the purpose of the carrying out of the Commission’s functions as the Commission may specify in the request.

(2) If the Secretary of State decides not to comply with the request, the Secretary of State must notify the Commission of the reasons for the decision.

Payments to members

11 The Secretary of State may pay to or in respect of the members of the Commission such remuneration, allowances and expenses as the Secretary of State may determine.

Status

12 The Commission is not to be regarded—

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

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

Sub-committees

13 The Commission may establish sub-committees.

Validity of proceedings

14 The Commission may regulate—

(a) its own procedure (including quorum), and

(b) the procedure of any sub-committee (including quorum).

15 The validity of anything done by the Commission or any sub-committee is not affected by—

(a) any vacancy in the membership of the Commission or sub-committee, or

(b) any defect in the appointment of any member of the Commission or sub-committee.

Discharge of functions

16 The Commission may authorise a sub-committee or member to exercise any of the Commission’s functions.

Provision of advice by Commission

17 (1) The Commission must comply with any request made by the Secretary of State under section 10 or by the Scottish Ministers or the relevant Northern Ireland department under section 13.

(2) Advice given by the Commission under either of those sections must contain the reasons for the advice.

(3) As soon as reasonably practicable after giving advice under either of those sections, the Commission must publish the advice in such manner as it thinks fit.

Public records

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

“The Child Poverty Commission.”

Parliamentary Commissioner

19 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) at the appropriate place insert—

“The Child Poverty Commission.”

Disqualification

20 (1) In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert—

“The Child Poverty Commission.”

(2) In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert—

“The Child Poverty Commission.”

Freedom of information

21 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) at the appropriate place insert—

“The Child Poverty Commission.”