Constitutional Reform and Governance Act 2010

Part 3 Transitional provision relating to the Civil Service Commission

Definitions

25 (1) This paragraph applies for the purposes of this Part of this Schedule.

(2) A person is a “member of the old commission” if the person is one of Her Majesty’s Civil Service Commissioners for the purposes of the 1995 Order or the 1991 Order.

(3) References to “the old commission” are to be read accordingly.

(4) A person is “head of the old commission” if the person is the First Civil Service Commissioner in relation to the old commission.

(5) “Commission” has the same meaning as in Chapter 1 of this Part of this Act.

(6) “First Commissioner” and “Commissioner” have the same meanings as in Schedule 1 to this Act.

(7) “The 1995 Order” and “the 1991 Order” mean, respectively, the Civil Service Order in Council 1995 and the Diplomatic Service Order in Council 1991.

Head of the old commission to become First Commissioner

26 (1) The person who is head of the old commission immediately before section 2 of this Act comes into force becomes the First Commissioner on that section coming into force.

(2) Sub-paragraphs (3) and (4) below apply instead of paragraph 2(5) and (6) of Schedule 1 to this Act.

(3) The person holds office as the First Commissioner for a period equal to the remaining part of the period for which the person was appointed as head of the old commission.

(4) The other terms on which the person holds office as the First Commissioner are—

(a) the same terms as those on which the person held office as head of the old commission, or

(b) if the person agrees, the terms determined by the Minister for the Civil Service.

(5) If those terms provide for the payment of remuneration or allowances or make provision for a pension, the Commission must make the payments or provision accordingly.

(6) The person’s becoming First Commissioner as a result of this paragraph is not an appointment for the purposes of paragraph 2(7) of Schedule 1 to this Act.

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

27 (1) This paragraph applies if the person who is the First Commissioner is a former head of the old commission.

(2) The period for which the person is to hold office (apart from this sub-paragraph) is reduced so far as necessary to ensure compliance with the five year rule.

(3) The five year rule is that the total of the following must not exceed five years—

(a) the period or periods for which the person holds office as the First Commissioner, and

(b) the period or periods for which the person is head of the old commission.

Members of the old commission to become Commissioners

28 (1) The persons who are members of the old commission immediately before section 2 comes into force become Commissioners on that section coming into force.

(2) Sub-paragraph (1) does not apply to the person who is the head of the old commission.

(3) Sub-paragraphs (4) and (5) below apply instead of paragraph 3(5) and (6) of Schedule 1 to this Act.

(4) A person holds office as Commissioner for a period equal to the remaining part of the period for which the person was appointed as a member of the old commission.

(5) The other terms on which the person holds office as Commissioner are—

(a) the same terms as those on which the person held office as a member of the old commission, or

(b) if the person agrees, the terms determined by the Minister for the Civil Service.

(6) If those terms provide for the payment of remuneration or allowances or make provision for a pension, the Commission must make the payments or provision accordingly.

(7) The person’s becoming Commissioner as a result of this paragraph is not an appointment for the purposes of paragraph 3(8) of Schedule 1 to this Act.

Restriction on period of office for former member of old commission

29 (1) This paragraph applies if a person who is a Commissioner is a former member of the old commission.

(2) The period for which the person is to hold office (apart from this sub-paragraph) is reduced so far as necessary to ensure compliance with the five year rule.

(3) The five year rule is that the total of the following must not exceed five years—

(a) the period or periods for which the person holds office as Commissioner, and

(b) the period or periods for which the person is a member of the old commission.

(4) Sub-paragraph (3)(a) and (b) does not include any period for which the person is also Her Majesty’s Commissioner for Public Appointments.

(5) Sub-paragraph (3)(b) does not include any period for which the person is also head of the old commission.

Audits of recruitment policies and practices

30 (1) This paragraph applies in relation to an audit under article 4(3) of the 1995 Order or the 1991 Order that is started, but not completed, before the coming into force of section 2 of this Act.

(2) So far as the audit is within the Commission’s function under section 14 of this Act, the Commission may continue and complete the audit.

Requirements to publish recruitment information

31 Any requirement under article 4(4) of the 1995 Order or the 1991 Order imposed before the coming into force of section 2 of this Act must be complied with notwithstanding the revocation of the Order by Part 2 of this Schedule.

Appeals by civil servants

32 (1) This paragraph applies in relation to an appeal under article 4(5) of the 1995 Order or the 1991 Order that is made, but not determined, before the coming into force of section 2 of this Act.

(2) The Commission may continue with and determine the appeal and paragraphs (a) to (c) of article 4(5) of the 1995 Order or the 1991 Order (as the case may be) continue to apply accordingly.

(3) For this purpose it does not matter if Chapter 1 of this Part of this Act does not apply to the appellant or any party mentioned in article 4(5)(b) of the 1995 Order or the 1991 Order (as the case may be).

33 (1) This paragraph applies in relation to a matter occurring before the coming into force of section 2 of this Act which could have been made the subject of an appeal under article 4(5) of the 1995 Order or the 1991 Order immediately before the coming into force of that section.

(2) The Commission may hear and determine an appeal in relation to the matter and article 4(5) of the 1995 Order or the 1991 Order (as the case may be) is to apply accordingly.

(3) For this purpose it does not matter if Chapter 1 of this Part of this Act does not apply to the appellant or any party mentioned in article 4(5)(b) of the 1995 Order or the 1991 Order (as the case may be).

First annual report

34 (1) This paragraph applies to the first report that the Commission is required to prepare under paragraph 17(1)(a) of Schedule 1 to this Act.

(2) The report must, for the relevant period, include the information required by—

(a) article 8(1)(a) to (c) of the 1995 Order;

(b) article 4A(1)(a) to (c) of the 1991 Order.

(3) For this purpose it does not matter if any of that information relates to a part of the civil service of the State to which Chapter 1 of this Part of this Act does not apply.

(4) “The relevant period” means the period—

(a) beginning with—

(i) for the purposes of sub-paragraph (2)(a), the end of the period covered by the last report published under article 8(1) of the 1995 Order;

(ii) for the purposes of sub-paragraph (2)(b), the end of the period covered by the last report published under article 4A(1) of the 1991 Order;

(b) ending when section 2 of this Act comes into force.

Transfer of property, rights and liabilities

35 (1) The Minister for the Civil Service may make a scheme—

(a) specifying property, rights and liabilities of the Crown (or held on behalf of the Crown) that are relevant to the old commission’s functions, and

(b) transferring the specified property, rights and liabilities to the Commission;

and the transfer has effect in accordance with the terms of the scheme.

(2) The scheme may operate in relation to property, rights and liabilities—

(a) whether or not they would otherwise be capable of being transferred,

(b) without any instrument or other formality being required, and

(c) irrespective of any kind of requirement for consent that would otherwise apply.

(3) The scheme may include supplementary, incidental, transitional, transitory or saving provision, including (in particular) provision—

(a) for the continuing effect of things done by, on behalf of or in relation to the Crown (or a person acting on behalf of the Crown);

(b) for the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the Crown (or a person acting on behalf of the Crown);

(c) for references to the Crown or a person who acts on behalf of the Crown in any agreement (whether written or not) or instrument or other document to be treated as or as including references to the Commission;

(d) for shared ownership, use or access.

Information previously held by old commission

36 (1) The Minister for the Civil Service must make arrangements for the Commission to be provided with any information—

(a) which was held by (or on behalf of) the old commission for the purposes of the old commission’s functions, and

(b) which the Commission reasonably requires for the purposes of its functions.

(2) For the purposes of the Data Protection Act 1998 and the Freedom of Information Act 2000, any requests made to the old commission relating to information provided to the Commission under sub-paragraph (1) are to be dealt with by the Commission (so far as they were not dealt with by the old commission).

Preparatory work

37 (1) During the preparatory period the old commission may carry out, in the name and on behalf of the Commission, any functions given to the Commission by Schedule 1 to this Act.

(2) “The preparatory period” is the period that—

(a) starts when this Act is passed, and

(b) ends when section 2 of this Act comes into force.