House of Commons (Administration) Act 1978

SCHEDULES

Section 1.

SCHEDULE 1 U.K. The Commission

Incorporation U.K.

1 U.K. The Commission shall be a body corporate.

[F1 Appointment of external members U.K.

Textual Amendments

F1 Sch. 1 para. 1A inserted (26.3.2015 for specified purposes, 10.7.2015 in so far as not already in force) by House of Commons Commission Act 2015 (c. 24), s. 3(2)(3), Sch. para. 2

1A (1) A motion for a resolution appointing an external member may be made only with the agreement of the Commission. U.K.

(2) A person who is the subject of a motion must have been selected by the parliamentary members on merit on the basis of fair and open competition.]

Members other than Mr. Speaker and the Leader of the House U.K.

2 (1) Subject to paragraph 3 of this Schedule, a [F2 parliamentary member], other than an ex officio member, shall vacate his office— U.K.

(a) if he ceases to be a member of the House of Commons, or

(b) if another person is nominated or appointed in his place.

(2) Subject to sub-paragraph (1) above, a [F3 parliamentary member], other than an ex officio member, shall hold office for the duration of the Parliament in which he is nominated or appointed, and for the further period provided by paragraph 3 of this Schedule.

(3) A member of the Commission, other than an ex officio member, may resign at any time by notice to the Commission.

(4) Past service is no bar to nomination or appointment as a member of the Commission[F4 , subject to any resolution of the House of Commons].

(5) In this paragraph, and paragraph 3 of this Schedule, “ex officio member” means Mr. Speaker [F5 , the] Leader of the House of Commons [F6 , the Clerk of the House of Commons or the Director General of the House of Commons].

Textual Amendments

F2 Words in Sch. 1 para. 2(1) substituted (26.3.2015 for specified purposes, 10.7.2015 in so far as not already in force) by House of Commons Commission Act 2015 (c. 24), s. 3(2)(3), Sch. para. 3(2)

F3 Words in Sch. 1 para. 2(2) substituted (26.3.2015 for specified purposes, 10.7.2015 in so far as not already in force) by House of Commons Commission Act 2015 (c. 24), s. 3(2)(3), Sch. para. 3(2)

F4 Words in Sch. 1 para. 2(4) inserted (26.3.2015 for specified purposes, 10.7.2015 in so far as not already in force) by House of Commons Commission Act 2015 (c. 24), s. 3(2)(3), Sch. para. 3(3)

F5 Word in Sch. 1 para. 2(5) substituted (26.3.2015 for specified purposes, 10.7.2015 in so far as not already in force) by House of Commons Commission Act 2015 (c. 24), s. 3(2)(3), Sch. para. 3(4)(a)

F6 Words in Sch. 1 para. 2(5) inserted (26.3.2015 for specified purposes, 10.7.2015 in so far as not already in force) by House of Commons Commission Act 2015 (c. 24), s. 3(2)(3), Sch. para. 3(4)(b)

Dissolution of Parliament U.K.

3 (1) On a dissolution of Parliament the person who is then Mr. Speaker shall continue in office as a [F7 parliamentary member] until a Speaker is chosen by the new Parliament. U.K.

(2) Subject to sub-paragraph (3) below, on a dissolution of Parliament the [F8 parliamentary members] who are not ex officio members shall continue in office until members are nominated or appointed in their place.

(3) Where at any time after Parliament has been dissolved it appears that a [F9 parliamentary member] who is not an ex officio member—

(a) has not been validly nominated as a candidate at the ensuing general election; or

(b) although so nominated, has not been elected a Member of Parliament at that election,

that member shall resign from the Commission forthwith; but nothing in sub-paragraph (2) above or this sub-paragraph shall be taken as preventing any such member from resigning otherwise than in pursuance of this sub-paragraph.

Textual Amendments

F7 Words in Sch. 1 para. 3(1) substituted (26.3.2015 for specified purposes, 10.7.2015 in so far as not already in force) by House of Commons Commission Act 2015 (c. 24), s. 3(2)(3), Sch. para. 4(2)

F8 Words in Sch. 1 para. 3(2) substituted (26.3.2015 for specified purposes, 10.7.2015 in so far as not already in force) by House of Commons Commission Act 2015 (c. 24), s. 3(2)(3), Sch. para. 4(3)

F9 Words in Sch. 1 para. 3(3) substituted (26.3.2015 for specified purposes, 10.7.2015 in so far as not already in force) by House of Commons Commission Act 2015 (c. 24), s. 3(2)(3), Sch. para. 4(2)

Chairman U.K.

4 U.K. Mr. Speaker shall be chairman of the Commission.

Delegation of Commission’s functions U.K.

5 (1) The Commission may delegate to Mr. Speaker any of its functions under section 2 of this Act. U.K.

(2) The Commission may also delegate—

(a) to any person who is [F10 a member of staff in the House Departments] , or to two or more of those persons jointly, any of its functions concerning staff in the House Departments,

F11 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Anything done by or in relation to a person to whom functions are delegated under this paragraph in the discharge of the Commission’s functions shall have the same effect as if done by or in relation to the Commission.

(4) Any delegation made under this paragraph or any amendment or revocation of such a delegation shall be mentioned in the report under section 1(3) of this Act.

(5) Notwithstanding any delegation under this paragraph, the Commission shall retain the ultimate responsibility for considering representations made in relation to matters affecting the interests, in connection with their employment, of staff in the House Departments by trade unions who are recognised by the Commission in respect of such staff, and for the conduct of consultations and negotiations about such matters with those trade unions.

[F12 (6) In sub-paragraph (5) “trade union”, and “recognised” in relation to a trade union, have the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992.]

Textual Amendments

F10 Words in Sch. 1 para. 5(2)(a) substituted (26.3.2015 for specified purposes, 10.7.2015 in so far as not already in force) by House of Commons Commission Act 2015 (c. 24), s. 3(2)(3), Sch. para. 5(a)

F11 Sch. 1 para. 5(2)(b) omitted (26.3.2015 for specified purposes, 10.7.2015 in so far as not already in force) by virtue of House of Commons Commission Act 2015 (c. 24), s. 3(2)(3), Sch. para. 5(b)

F12 Sch. 1 para. 5(6) substituted (16. 10. 1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(2), 302, Sch. 2 para.10.

Proceedings and business U.K.

6 (1) The validity of any proceedings of the Commission shall not be affected by any vacancy among the members of the Commission, or by any defect in the appointment or nomination of any Commissioner. U.K.

(2) The Commission may determine its own procedure.

(3) The Commission may appoint one of the Commissioners to act as chairman at any meeting of the Commission [F13 in place of] Mr. Speaker.

Textual Amendments

F13 Words in Sch. 1 para. 6(3) substituted (26.3.2015 for specified purposes, 10.7.2015 in so far as not already in force) by House of Commons Commission Act 2015 (c. 24), s. 3(2)(3), Sch. para. 6

Section 5.

SCHEDULE 2 U.K. Supplementary and consequential provisions

Mr. Speaker to act after dissolution of Parliament U.K.

1 U.K. For the purposes of this Act F14 . . . [F15 section 195 of the Employment Rights Act 1996], the Speaker at the time of a dissolution of Parliament shall be deemed to remain Speaker for the further period for which he holds office by virtue of paragraph 3(1) of Schedule 1 to this Act.

Textual Amendments

F14 Words in Sch. 2 para. 1 repealed (16. 10. 1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1.

F15 Words in Sch. 2 para. 1 substituted (22.8.1996) by 1996 c. 18, s. 240, Sch. 1 para. 14

Deputy Speaker acting for Mr. Speaker U.K.

2 (1) While Mr. Speaker is temporarily absent from the House during a session of Parliament a Deputy Speaker having power to act under section 1 of the M1 Deputy Speaker Act 1855 may exercise the functions of Mr. Speaker under this Act. U.K.

(2) The said functions shall include any functions delegated to Mr. Speaker under paragraph 5 of Schedule 1 to this Act, but an appointment made in exercise of functions so delegated shall be only for such time as the Deputy Speaker has power under this paragraph to exercise the functions of Mr. Speaker.

Marginal Citations

M1 1855 c. 84.

Transitional provision U.K.

3 U.K. All persons employed in the House Departments immediately before the coming into force of section 2 of this Act, other than those mentioned in subsection (4) of that section, shall be treated for all purposes as if their appointments had been made by the Commission.

4 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

Textual Amendments

F16 Schedule 2 paragraph 4 repealed by Statute Law (Repeals) Act 1989 (c.43), s. 1(1), Sch. 1 Pt. II Gp. 2

Employment Protection Act 1975 (c.71) U.K.

F17 5 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Sch. 2 para. 5 repealed (16. 10. 1992) by Trade Union and Labour Relations Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

Section 5.

SCHEDULE 3 U.K. REPEALS

Modifications etc. (not altering text)

C1 Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Chapter	Short Title	Extent of Repeal
52 Geo. 3. c. 11.	House of Commons (Offices) Act 1812.	The whole Act.
4 & 5 Will. 4. c. 70.	House of Commons Officers Act 1834.	The whole Act.
9 & 10 Vict. c. 77.	House of Commons Offices Act 1846.	The whole Act.
12 & 13 Vict. c. 72.	House of Commons Offices Act 1849.	The whole Act.
1975 c. 71.	Employment Protection Act 1975.	In section 122, subsection (9).
		In Part IV of Schedule 16, paragraph 1.