Civil Service (No. 2) Bill [HL]

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Session 2003 - 04
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Civil Service (No. 2) Bill [HL]

Civil Service (No. 2) Bill [HL]
Schedule 1 — Civil Service Commission for England, Wales and Scotland
9

Schedules
Schedule 1
Section 2

Civil Service Commission for England, Wales and Scotland
The Commissioners
1     (1)
Any Commissioner appointed to the Civil Service Commission for England,
5
Wales and Scotland (referred to in this Schedule as “the Commission”) shall
hold and vacate office in accordance with the terms of his appointment.
      (2)
The First Commissioner of the Civil Service Commission shall cease to hold
that office if he ceases to be a Commissioner.
      (3)
No person may be appointed as a Commissioner for a term exceeding five
10
years.
      (4)
But a person who ceases to be a Commissioner is eligible for re-appointment.
      (5)
A Commissioner may resign by giving notice to the Minister for the Civil
Service.
      (6)
The Minister for the Civil Service may remove a commissioner from office
15
by giving notice to him if the Minister is satisfied—
(a)
that the Commissioner has without reasonable excuse failed to
discharge his functions for a continuous period of three months
(beginning not earlier than six months before the day of dismissal);
(b)
that he has been convicted of a criminal offence;
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(c)
that a bankruptcy order has been made against him, or his estate has
been sequestrated, or he has made a composition or arrangement
with, or has granted a trust deed for, his creditors; or
(d)
that he is unable or unfit to carry out his functions.
2
The Minister for the Civil Service may pay to or in respect of the
25
Commissioners such remuneration, expenses and sums for the provision of
pensions as he may determine.
Staff
3     (1)
The Commission may, with the approval of the Minister for the Civil Service
as to numbers and terms and conditions of service—
30
(a)
appoint such staff as it considers necessary;
(b)
use the services of such other persons as the Commission considers
expedient for any particular purpose.
      (2)
The Commission may make arrangements for the payment of such pensions,
allowances or gratuities, or the maintenance of such pension schemes, to or
35
in respect of such staff as it may determine.

Civil Service (No. 2) Bill [HL]
Schedule 1 — Civil Service Commission for England, Wales and Scotland
10

      (3)
No determination may be made under sub-paragraph (2) without the
approval of the Minister for the Civil Service.
Procedure
4     (1)
The Commission may regulate its own procedure.
      (2)
In determining its own procedure the Commission may, in particular, make
5
provision about—
(a)
the discharge of its functions by committees (which may include
persons who are not Commissioners);
(b)
a quorum for meetings of the Commission or of committees.
5
The validity of any proceedings of the Commission is not affected by any
10
vacancy among the Commissioners or by a defect in the appointment of a
commissioner.
6     (1)
The application of the seal of the Commission shall be authenticated by the
signature of—
(a)
any Commissioner; or
15
(b)
some other person who has been authorised for that purpose by the
Commission (whether generally or specifically).
      (2)
Sub-paragraph (1) does not apply in relation to any document that is, or is to
be, signed in accordance with the law of Scotland.
The Commission’s powers
20
7
The Commission has power to do anything which is calculated to facilitate,
or is conducive or incidental to, the performance of its functions.
Accounts
8     (1)
The Commission shall—
(a)
keep proper accounts;
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(b)
prepare a statement of accounts in respect of each of its financial
years; and
(c)
send copies of the statement to the Minister for the Civil Service and
the Comptroller and Auditor General before the end of August
following the financial year to which they relate.
30
      (2)
The Comptroller and Auditor General shall—
(a)
examine, certify and report on each statement of accounts received
by him; and
(b)
lay copies of each statement before Parliament.
      (3)
“Financial year” means the period of 12 months ending with 31st March.
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Reports
9     (1)
At least once a year, the Commission shall lay before each House of
Parliament a report on—
(a)
the performance of its functions during the year; and
(b)
such other matters as the Minister for the Civil Service may from
40
time to time direct.

Civil Service (No. 2) Bill [HL]
Schedule 2 — Repeals and Revocations
11

      (2)
The report shall (among other things) give details of how the Commission’s
resources have been allocated.
      (3)
The Commission may from time to time lay before each House of Parliament
such reports with regards to its other function as it thinks fit.
Disqualification for membership of the House of Commons
5
10
In Part 11 of Schedule 1 to the House of Commons Disqualification Act 1975
(c. 24) (offices disqualifying for membership of the House of Commons),
insert at the appropriate place—

“The Civil Service Commission for England, Wales and Scotland
appointed under section 2 of the Executive Powers and Civil
10
Service Act 2004.”
Disqualification for membership of Northern Ireland Assembly
11
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (c. 25) (disqualifying offices), insert at the appropriate place—

“The Civil Service Commission for England, Wales and Scotland
15
appointed under section 2 of the Executive Powers and Civil
Service Act 2004.”
Status
12
In relation to any of its functions—
(a)
the Commission is not to be regarded as acting on behalf of the
20
Crown; and
(b)
the Commissioners, officers and staff are not to be regarded as
Crown servants.
Schedule 2
Section 14

Repeals and Revocations
25

Title and reference
Extent of repeal or revocation

Aliens Restriction
Section 6.

(Amendment) Act 1919 (c. 92)

Aliens’ Employment Act 1955
The whole Act.

(4 & 5 Eliz. 2 c. 18)

30

European Communities
The whole Order.

(Employment in the Civil

Service) Order 1991

(S.I. 1991/1221)