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Constitutional Reform and Governance Act 2010

Type Public General Act

Publication 2010-04-08

Last updated 2025-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(8) In this section “the statutory home civil service” means the civil service (excluding Her Majesty's diplomatic service) within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 (see section 1(4) of that Act).

Regulation of Investigatory Powers Act 2000 (c. 23)

11

(1) Amend section 81 as follows.

(2) In subsection (7) for “home civil service or diplomatic service” substitute “ statutory civil service (or any part of it) ”.

(3) After subsection (7) insert—

(8) In subsection (7) “the statutory civil service” means— (a) the civil service within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 (see section 1(4) of that Act), but (b) also includes the Government Communications Headquarters.

Freedom of Information Act 2000 (c. 36)

12

In Part 6 of Schedule 1 for “The Civil Service Commissioners” substitute “ The Civil Service Commission ”.

Tax Credits Act 2002 (c. 21)

13

(1) Amend section 52 as follows.

(2) In subsection (7) for “Her Majesty's Home Civil Service” substitute “ the statutory home civil service ”.

(3) After subsection (7) insert—

(8) In subsection (7) “the statutory home civil service” means the civil service (excluding Her Majesty's diplomatic service) within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 (see section 1(4) of that Act).

Extradition Act 2003 (c. 41)

14

(1) Amend section 101 as follows.

(2) In subsection (5) for “home civil service or diplomatic service” substitute “ statutory civil service (or any part of it) ”.

(3) After subsection (5) insert—

(6) In subsection (5) “the statutory civil service” means the civil service within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 (see section 1(4) of that Act).

Government of Wales Act 2006 (c. 32)

15

(1) Amend section 52 as follows.

(2) In subsections (2) and (9) for “Home Civil Service” substitute “ civil service of the State ”.

(3) For subsection (3) substitute—

(3) See Part 1 of the Constitutional Reform and Governance Act 2010 (in particular, sections 3 and 4) for provision affecting— (a) subsection (1), and (b) any other enactment about the appointment of persons as members of the staff of the Welsh Assembly Government.

(4) For subsection (4) substitute—

(4) See also section 1 of the Civil Service (Management Functions) Act 1992 under which functions conferred on the Minister for the Civil Service by section 3 of the Constitutional Reform and Governance Act 2010 may be delegated to the Welsh Ministers etc.

(5) Omit subsection (10).

Police and Justice Act 2006 (c. 48)

16

In paragraph 7(4)(c) of Schedule 1 for “Her Majesty's Home Civil Service” substitute “ the civil service (excluding Her Majesty's diplomatic service) within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 (see section 1(4) of that Act) ”.

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

17

(1) Amend section 3 as follows.

(2) In subsection (2) for “Home Civil Service” (wherever appearing) substitute “ statutory home civil service ”.

(3) After subsection (3) insert—

(4) The statutory home civil service” means the civil service (excluding Her Majesty's diplomatic service) within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 (see section 1(4) of that Act).

Crossrail Act 2008 (c. 18)

18

(1) Amend Schedule 12 as follows.

(2) In paragraphs 13(3) and 16(2)(a) and (b) for “Her Majesty's Home Civil Service” substitute “ any part of the statutory home civil service ”.

(3) In paragraph 20(2), after the definition of “enactment”, insert—

“the statutory home civil service” means the civil service (excluding Her Majesty's diplomatic service) within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 (see section 1(4) of that Act);

Part 2 — Consequential amendments to other legislation

Civil Service Orders in Council

19

The following are revoked—

(a) the Civil Service Order in Council 1995;

(b) the Civil Service (Amendment) Order in Council 1995;

(d) the Civil Service (Amendment) Order in Council 1997;

(e) the Civil Service (Amendment) Order in Council 1998;

(f) the Civil Service (Amendment) Order in Council 1999;

(g) the Civil Service (Amendment) Order in Council 2000;

(h) the Civil Service (Amendment) Order in Council 2001;

(i) the Civil Service (Amendment) Order in Council 2002;

(j) the Civil Service (Amendment) Order in Council 2004;

(k) the Civil Service (Amendment) Order in Council 2005;

(l) the Civil Service (Amendment) Order in Council 2007;

(m) the Civil Service (Amendment) (No. 2) Order in Council 2007;

(n) the Civil Service (Amendment) (No. 3) Order in Council 2007;

(o) the Civil Service (Amendment) Order in Council 2008;

(p) the Civil Service (Amendment) (No. 2) Order in Council 2008.

Diplomatic Service Orders in Council

20

The following are revoked—

(a) the Diplomatic Service Order in Council 1991;

(b) the Diplomatic Service (Amendment) Order in Council 1994;

(d) the Diplomatic Service (Amendment) Order in Council 1995;

(e) the Diplomatic Service (Amendment) Order in Council 2004;

(f) the Diplomatic Service (Amendment) Order in Council 2009.

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

21

This is revoked.

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

22

(1) Amend Schedule 1 as follows.

(2) For “Head of the Home Civil Service” (wherever appearing) substitute “ designated permanent secretary ”.

(3) After paragraph 12(2)(d) insert—

(da) after the definition of “the Deputy Chairman” insert— “the designated permanent secretary” means the permanent secretary in the civil service of the State designated by the Minister for the Civil Service for the purposes of this Part;

23

In Schedules 3 and 4 for “Head of the Home Civil Service” (wherever appearing) substitute “ designated permanent secretary ”.

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

24

In article 2(2) for “Home Civil Service” substitute “ civil service of the State ”.

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

(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.

Part 4 — Other transitional provision

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

38

(1) In this Part of this Schedule “old management functions” means functions that cease to be exercisable on the coming into force of section 3 of this Act.

(2) Section 16(1) of the Interpretation Act 1978 applies in relation to an old management function ceasing to be exercisable as if—

(a) the function had been conferred by an Act, and

(b) that Act were repealed by section 3 of this Act.

(3) So far as not covered by sub-paragraph (2), section 16(1) of the 1978 Act applies in relation to the revocation of an Order in Council by Part 2 of this Schedule as if it were the repeal of an Act.

Power to manage the civil service

39

(1) Anything done under old management functions by—

(a) a Minister of the Crown, or

(b) any other servant of the Crown under a delegation under section 1 of the Civil Service (Management Functions) Act 1992,

is treated as done under subsection (1) or (2) of section 3 of this Act (as the case may be) so far as necessary or appropriate for continuing its effect after the coming into force of section 3.

(2) Civil servants who, immediately before section 3 comes into force, held their positions in the civil service under or subject to old management functions, continue to hold their positions but under or subject to subsection (1) or (2) of that section (as the case may be).

(3) The powers in subsections (1) and (2) of section 3 may (in particular) be used to deal with transitional matters.

(4) Section 1 of this Act applies for the purposes of this paragraph as it applies for the purposes of Chapter 1 of this Part of this Act.

40

(1) So far as—

(a) an Order in Council revoked by Part 2 of this Schedule was not made under old management functions, or

(b) a relevant transferred function is not an old management function,

the subject matter of the Order or function reverts to Her Majesty and may be dealt with (including delegated) by Her accordingly.

(2) Civil servants who, immediately before this paragraph comes into force, held their positions in the civil service of the State under or subject to—

(a) an Order in Council revoked by Part 2 of this Schedule so far as it was not made under old management functions, or

(b) a relevant transferred function so far as it is not an old management function,

continue to hold their positions but on the basis mentioned in sub-paragraph (1).

(3) “Relevant transferred function” means a function which—

(a) has been delegated by Her Majesty in relation to the management of the civil service of the State (excluding the Northern Ireland Civil Service), and

(b) has been the subject of a transfer of functions Order (as that term was defined in section 1(5) of the Civil Service (Management Functions) Act 1992 before its repeal by Part 1 of this Schedule).

Selection on merit etc

41

(1) In determining for the purposes of section 10(1) of this Act whether or not a person is a civil servant, ignore any appointment for which the person was selected in reliance on an exception made by the old commission (within the meaning of Part 3 of this Schedule) from a requirement for selection for the appointment to be on merit on the basis of fair and open competition.

(2) But the recruitment principles (within the meaning of Chapter 1 of this Part of this Act) may disapply sub-paragraph (1) in specified cases.

42

For the purpose of determining whether a selection for an appointment complies with the requirement in section 10(2) of this Act in a case in which the selection process began before section 10(2) comes into force, account must be taken of anything done under or in relation to the selection process before section 10(2) comes into force.

Special advisers

43

(1) This paragraph applies to a person who, immediately before the coming into force of this paragraph, holds a position in the civil service of the State for which the person was selected for appointment in reliance on article 3(2), (4) or (5) of the Civil Service Order in Council 1995.

(2) For the purposes of Chapter 1 of this Part of this Act the person is treated as a special adviser so long as the person remains in that position on the same terms and conditions.

SCHEDULE 3

SCHEDULE 4

SCHEDULE 5

Part 1 — Amendments of the Parliamentary Standards Act 2009

1

The Parliamentary Standards Act 2009 is amended as follows.

2

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

(a) omit paragraph (a), and

(b) in paragraph (c) for “paragraphs 4(2) and 8(1)” substitute “ paragraph 8(2) ”.

3

In section 5(8) (allowances) for the words from “and” to the end substitute “ and in relation to any such allowances, references in this Act to a member of the House of Commons include a former member of that House. ”

4

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

(2) In subsection (1)—

(a) for “ “the Commissioner”” substitute “the Compliance Officer” , and

(b) omit the definition of “the MPs' code of conduct relating to financial interests”.

(3) In subsection (2)—

(a) after “committee” (in each place) insert “ or officer ”, and

(b) in paragraph (a) for “its” substitute “ the ”.

5

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

(2) Omit subsection (2)(b) and (c).

(3) In subsection (4) and (6)(c) for “Commissioner” substitute “ Compliance Officer ”.

6

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

7

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

(2) Omit paragraph 10 and the heading above it.

(3) In paragraph 18(1)—

(a) for paragraph (a) substitute—

(a) section 4 (MPs' salaries), so far as relating to the payment (but not the determination) of salaries,

(b) in paragraph (c), after “claims)” insert “ (except as mentioned in sub-paragraph (2) below) ”, and

(4) In paragraph 18(2)—

(a) before paragraph (a) insert—

(za) sections 4 and 4A (MPs' salaries) (except as mentioned in sub-paragraph (1) above),

(b) after paragraph (a) insert—

(aa) section 6(10) (determining procedures for publication of allowances claims),

(d) for paragraph (c) substitute—

(c) section 9(8)(b) and (9) (determining conditions), (d) section 9A (determining procedures for investigations etc), (e) paragraphs 1, 2(2), 4(2) and 9(2) of Schedule 2 (appointment and removal of Compliance Officer etc), and (f) paragraphs 2, 8 and 9 of Schedule 4 (scheme, guidance etc for Compliance Officer).

(5) In paragraph 22(8) for “Any repayments” substitute “ Any payments received by the IPSA as a result of a repayment direction under Schedule 4, and any repayments otherwise ”.

Part 2 — Amendments of other Acts

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

8

(1) In section 1(2) (salaries of MEPs) for paragraphs (a) and (b) substitute “ the same as that of the salary payable for that period, under section 4 of the Parliamentary Standards Act 2009, to a Member who does not hold an office or position specified in a resolution of the House of Commons for the purposes of section 4A(2) of that Act (higher salaries for holders of specified offices or positions). ”

(2) Omit section 5 (salary to be used for calculating pension benefits).

(3) In section 8(1) (interpretation) omit the definition of “ “a Member's ordinary salary” and “a Member's pensionable salary””.

Parliamentary and other Pensions Act 1987 (c. 45)

9

In section 5(2) (interpretation) for the words from “such resolutions” to the end substitute—

(a) section 4 of the Parliamentary Standards Act 2009, or (b) in relation to a time before that section was in force, the resolutions of the House of Commons then in force relating to the remuneration of its members.

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

10

In section 4 (grants to persons ceasing to hold ministerial and other offices)—

(a) omit subsection (3),

(b) after that subsection insert—

(3A) The annual amount of the salary paid to a person in respect of the office of Chairman of Ways and Means or Deputy Chairman of Ways and Means is the difference between— (a) the annual amount of the salary payable under section 4 of the Parliamentary Standards Act 2009 to a person holding that office, and (b) the annual amount of the salary payable under that section to a member of the House of Commons who does not hold an office or position specified in a resolution of that House for the purposes of section 4A(2) of that Act (higher salaries for holders of specified offices or positions).

, and

Scotland Act 1998 (c. 46)

11

(1) Section 82 (limits on salaries of MSPs) is amended as follows.

(2) In subsection (1)—

(a) before paragraph (a) insert—

(za) under section 4 of the Parliamentary Standards Act 2009 (salaries of members of the House of Commons),

, and

(b) in paragraph (a) for “either House of Parliament” substitute “ the House of Lords ”.

(3) In subsection (2)(b) for “(1)(a)” substitute “ (1)(za), (a) ”.

Government of Wales Act 2006 (c. 32)

12

(1) Section 21 (limits on salaries of Assembly members) is amended as follows.

(2) In subsection (1)—

(a) before paragraph (a) insert—

(za) under section 4 of the Parliamentary Standards Act 2009 (salaries of members of the House of Commons),

, and

(b) in paragraph (a) for “either House of Parliament” substitute “ the House of Lords ”.

(3) In subsection (2)(b) for “(1)(a)” substitute “ (1)(za), (a) ”.

SCHEDULE 6

Part 1 — Parliamentary and other pensions

The Parliamentary Contributory Pension Fund etc

Continuance of Fund

1

There is to continue to be a fund known as the Parliamentary Contributory Pension Fund (“the Fund”).

Number and composition of trustees

2

(1) The following are to be the trustees of the Fund—

(a) one person appointed by the IPSA after consulting the Minister for the Civil Service and the persons who are already trustees of the Fund,

(b) one person appointed by the Minister for the Civil Service after consulting the IPSA and the persons who are already trustees of the Fund, and

(2) Paragraphs 49 and 50 make transitional provision about the trustees of the Fund.

Member-nominated trustees

3

(1) The trustees of the Fund must make arrangements for the nomination and selection of member-nominated trustees.

(2) The arrangements must provide for the member-nominated trustees to be—

(a) nominated as the result of a process in which all the members of a scheme under paragraph 12 and all the members of a scheme under paragraph 16 are eligible to participate, and

(b) selected as the result of a process in which some or all of those persons are eligible to participate.

(3) The arrangements must—

(a) include provision for the nomination and selection process to take place within a reasonable period of any vacancy arising,

(b) include provision, where a vacancy is not filled because insufficient nominations are received, for the nomination and selection process to be repeated at reasonable intervals until the vacancy is filled, and

(c) include provision that, where the IPSA or the Minister for the Civil Service so requires, a person who is not a member of a scheme under paragraph 12 and is not a member of a scheme under paragraph 16 must have the approval of the IPSA or the Minister for the Civil Service to qualify for selection as a member-nominated trustee.

(4) The arrangements may include provision that where the number of nominations received is equal to or less than the number of vacancies, the nominees are to be treated as selected (subject to sub-paragraph (3)(c)).

Remuneration

4

(1) The IPSA may, with the consent of the Treasury, provide for remuneration and allowances to be payable to the trustees of the Fund.

(2) Any such remuneration and allowances are to be paid from the assets of the Fund.

Resignation and removal of trustees

5

(1) A person appointed as a trustee of the Fund by the IPSA under paragraph 2(1)(a)—

(a) may resign by giving written notice to the IPSA, and

(b) may be removed by the IPSA after consulting the Minister for the Civil Service and all the other trustees of the Fund.

(2) A person appointed as a trustee of the Fund by the Minister for the Civil Service under paragraph 2(1)(b)—

(a) may resign by giving written notice to the Minister for the Civil Service, and

(b) may be removed by the Minister for the Civil Service after consulting the IPSA and all the other trustees of the Fund.

(3) A person who is a member-nominated trustee—

(a) may resign by giving written notice to the other trustees of the Fund, and

(b) may be removed by all the other trustees of the Fund acting together.

Proceedings

6

(1) Subject to any provisions contained in a scheme under paragraph 8 because of paragraph 8(1)(d), the trustees of the Fund may determine their own procedure.

(2) The validity of any proceedings of the trustees of the Fund is not affected by—

(a) a vacancy among the trustees, or

(b) a defect in the appointment of a trustee.

Powers of trustees

7

(1) The trustees of the Fund may invest the assets of the Fund, whether at the time in a state of investment or not, in any investment whatever and may also from time to time vary any such investments.

(2) The trustees of the Fund may settle or compromise any claim or dispute relating to the Fund, but—

(a) so far as the claim or dispute relates to a scheme under paragraph 8 or 12, they may do so only with the consent of the IPSA, and

(b) so far as the claim or dispute relates to a scheme under paragraph 16, they may do so only with the consent of the Minister for the Civil Service.

(3) The IPSA must consult the Minister for the Civil Service before giving its consent to the settlement or compromise of a claim or dispute relating to a scheme under paragraph 8.

(4) Section 35(1) to (4) of the Pensions Act 1995 (pension scheme trustees must prepare statement of investment principles) applies to the trustees of the Fund despite any provision in regulations under section 35 of that Act which would (apart from this sub-paragraph) prevent it applying.

(5) Any provision in regulations under that section which would require the trustees of the Fund to consult the employer applies as if it required them to consult the IPSA and the Minister for the Civil Service.

Administration scheme

8

(1) The IPSA may make a scheme containing provision about—

(a) the administration of the Fund,

(b) the management of the Fund's assets,

(d) the proceedings of the trustees of the Fund, and

(e) the application of the Fund's assets in connection with the matters in paragraphs (a) to (d).

(2) A scheme under this paragraph may in particular—

(a) include any or all of the provisions specified in paragraphs 31 to 33,

(b) make different provision in relation to different cases, circumstances or persons,

(c) make such incidental, consequential and transitional provision (other than provision modifying an enactment or subordinate legislation) as the IPSA considers appropriate.

(3) In sub-paragraph (2)(c) the reference to subordinate legislation does not include a scheme under this paragraph.

(4) No provision of a scheme under this paragraph is to be construed as restricting the powers of the trustees under paragraph 7(1).

Procedure for administration scheme

9

(1) The IPSA may make a scheme under paragraph 8 only with the consent of the trustees of the Fund.

(2) Before making a scheme under paragraph 8 the IPSA must consult—

(a) the Treasury,

(b) the Minister for the Civil Service,

(d) any other person the IPSA considers appropriate.

(3) The IPSA must send to the Speaker of the House of Commons for laying before the House of Commons—

(a) any scheme made by it under paragraph 8, and

(b) a statement of the reasons for making the scheme.

(4) When the scheme and the statement of reasons have been laid, the IPSA must publish them in a way it considers appropriate.

Exchequer contribution to Fund

10

(1) In respect of each financial year an Exchequer contribution is to be paid into the Fund out of money provided by Parliament.

(2) Subject to any provision made by the IPSA under paragraph 11, the amount of the contribution for any financial year is to be calculated in accordance with recommendations for that year contained in a report made by the Government Actuary under this paragraph.

(3) The Government Actuary must make a report under this paragraph as soon as practicable after the beginning of—

(a) the period of three years beginning with the relevant date, and

(b) each succeeding period of three years.

(4) The “relevant date” means the date immediately following the end of the three year period which is current for the purposes of section 3 of the Parliamentary and other Pensions Act 1987 when this paragraph comes into force.

(5) The report is to be made to—

(a) the trustees of the Fund,

(b) the IPSA,

(d) the Treasury.

(6) The report must—

(a) report on the general financial position of the Fund at the beginning of the period of three years in which the report is made, and

(b) make a recommendation as to the rate at which (subject to any subsequent report under this paragraph) Exchequer contributions should be paid into the Fund in respect of any financial year beginning after the report is made.

(7) The rate is to be expressed by reference to such matters as the Government Actuary considers appropriate.

(8) A copy of every report made by the Government Actuary under this paragraph is to be laid before the House of Commons.

Power to determine Exchequer contribution

11

(1) The IPSA may, with the relevant consents, make provision for determining the Exchequer contribution in respect of any financial year.

(2) The “relevant consents” means—

(a) if the result of making the provision is that the amount of the Exchequer contribution in respect of any financial year is less than it otherwise would be, the consent of the Treasury, the Minister for the Civil Service and the trustees of the Fund, and

(b) otherwise, the consent of the Treasury and the Minister for the Civil Service.

(3) The “Exchequer contribution” means the amount to be paid into the Fund under paragraph 10.

(4) Before making provision under this paragraph the IPSA must consult—

(a) (if sub-paragraph (2)(a) does not apply) the trustees of the Fund,

(b) the Government Actuary, and

(5) The IPSA must send to the Speaker of the House of Commons for laying before the House of Commons—

(a) any representations made by the trustees of the Fund in response to consultation under this paragraph,

(b) any provision made by the IPSA under this paragraph, and

(6) When the provision and the statement of reasons have been laid, the IPSA must publish them in a way it considers appropriate.

(7) Provision under this paragraph may—

(a) apply to a financial year which has already ended or which has begun before the making of the provision, and

(b) make such incidental, consequential and transitional provision (other than provision modifying an enactment or subordinate legislation) as the IPSA considers appropriate.

MPs’ pension scheme

12

(1) The IPSA may make a scheme containing provision about the application of the assets of the Fund in or towards the provision of pensions for or in respect of persons with service as a member of the House of Commons, in respect of that service.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “service as a member of the House of Commons”

13

(1) For the purposes of this Schedule a person is to be treated as in service as a member of the House of Commons at any time if at that time a salary is or was payable to the person under—

(a) section 4 of the Parliamentary Standards Act 2009, or

(b) in relation to a time before that section was in force, the resolutions of the House of Commons then in force relating to the remuneration of its members.

(2) For the purposes of this Schedule service as a member of the House of Commons includes service as the holder of a qualifying office or position.

(3) In relation to a time when a determination under section 4(4) of the Parliamentary Standards Act 2009 is in effect a “qualifying office or position” means an office or position in respect of which, because of section 4A(2) of that Act, a higher salary is payable than the salary payable to members of the House of Commons generally.

(4) In relation to a time before the first determination under section 4(4) of the Parliamentary Standards Act 2009 comes into effect a “qualifying office or position” means—

(a) the office of Chairman of Ways and Means and the office of Deputy Chairman of Ways and Means,

(b) an office or position in respect of which, under the resolutions of the House of Commons then in force relating to the remuneration of its members, a higher salary was payable than the salary payable to members of the House of Commons generally.

MPs’ pension scheme: further provision

14

(1) A scheme under paragraph 12 may in particular—

(a) include any or all of the provisions specified in paragraphs 24 to 32, except for—

(i) the provision specified in paragraph 26(1), unless with the consent of the trustees of the Fund,

(ii) the provision specified in paragraph 31, unless with the consent of the trustees of the Fund, and

(iii) the provision specified in paragraph 29(2),

(b) make provision which has effect from a date earlier than the date the scheme is made,

(d) make different provision in relation to different cases, circumstances or persons, and

(e) make such incidental, consequential and transitional provision (other than provision modifying an enactment or subordinate legislation) as the IPSA considers appropriate.

(2) In sub-paragraph (1)(e) the reference to subordinate legislation does not include a scheme under paragraph 12.

Procedure for MPs’ pension scheme

15

(1) Before making a scheme under paragraph 12 the IPSA must consult—

(a) the Treasury,

(b) the Minister for the Civil Service,

(d) persons the IPSA considers to represent those likely to be affected by the scheme,

(e) the Government Actuary,

(f) the Review Body on Senior Salaries, and

(g) any other person the IPSA considers appropriate.

(2) The IPSA must send to the Speaker of the House of Commons for laying before the House of Commons—

(a) any representations made to it by the trustees of the Fund in response to consultation under this paragraph,

(b) any scheme made by it under paragraph 12, and

(3) When the scheme and the statement of reasons have been laid, the IPSA must publish them in a way it considers appropriate.

(4) The reference in sub-paragraph (1)(f) to the Review Body on Senior Salaries—

(a) if the name of the body is changed, is to be treated as a reference to the body by its new name, and

(b) if the functions of the body (or substantially corresponding functions) become functions of a different body, is to be treated as a reference to the body by which those functions are exercisable.

(5) Any question arising under sub-paragraph (4) is to be determined by the Speaker of the House of Commons.

Ministers’ etc pension scheme

16

(1) The Minister for the Civil Service may make a scheme containing provision about the application of the assets of the Fund in or towards the provision of pensions for or in respect of persons with service to which this paragraph applies, in respect of that service.

(2) This paragraph applies to service as—

(a) the holder of an office specified in Parts 1 to 4 of Schedule 1 to the Ministerial and other Salaries Act 1975 (ministerial offices),

(b) the holder of an office specified in Part 1 of Schedule 2 to that Act (Opposition leaders and whips),

(ba) Lord Chancellor,

(bb) Speaker of the House of Commons,

(d) Chairman of Committees of the House of Lords,

(e) Deputy Chairman of Committees of the House of Lords.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ministers’ etc pension scheme: further provision

17

(1) A scheme under paragraph 16 may in particular—

(a) include any or all of the provisions specified in paragraphs 24 to 32 and 34, except the provisions specified in paragraphs 26(1) and 31 unless with the consent of the trustees of the Fund,

(b) make provision which has effect from a date earlier than the date the scheme is made,

(c) make provision in relation to service before the passing of this Act (including, in relation to service within paragraph 16(2)(a) or (b), service before the passing of the Ministerial and other Salaries Act 1975),

(d) make different provision in relation to different cases, circumstances or persons, and

(e) make such incidental, consequential and transitional provision (other than provision modifying an enactment or subordinate legislation) as the Minister considers appropriate.

(2) In sub-paragraph (1)(e) the reference to subordinate legislation does not include a scheme under paragraph 16.

Procedure for Ministers’ etc pension scheme

18

(1) Before making a scheme under paragraph 16 the Minister for the Civil Service must consult—

(a) the IPSA,

(b) the Government Actuary,

(d) any other person the Minister considers appropriate.

(2) The Minister for the Civil Service must lay before each House of Parliament—

(a) any representations made to the Minister by the trustees of the Fund in response to consultation under this paragraph,

(b) any scheme made by the Minister under paragraph 16, and

(3) When the scheme and the statement of reasons have been laid, the Minister must publish them in a way the Minister considers appropriate.

Supplementary provision

Protection of accrued rights

19

(1) This paragraph applies where—

(a) the IPSA makes a scheme under paragraph 12, or

(b) the Minister for the Civil Service makes a scheme under paragraph 16,

(the “new scheme”).

(2) The new scheme must not make any provision in relation to an accrued right which puts (or might put) a person in a worse position than the person would have been in apart from the provision.

(3) Sub-paragraph (2) does not apply if—

(a) the trustees of the Fund consent to the new scheme making the provision, and

(b) the person making the new scheme is satisfied that the consent requirement is met.

(4) The consent requirement is met if under the new scheme the provision has effect in relation to an accrued right only with the written consent, given in accordance with sub-paragraph (5), of—

(a) the person (“P”) in respect of whose service the right has accrued, or

(b) if P is dead, the persons (“the survivors”) who because of the accrued right are entitled, or may become entitled, to a pension or the benefit of any pension.

(5) Consent is given in accordance with this sub-paragraph if it is given after the person making the scheme has given P (or the survivors)—

(a) information in writing which adequately explains the nature of the provision and its effect,

(b) notice in writing that they may make representations about the provision,

(d) notice in writing that the provision has effect in relation to the accrued right only with their written consent.

(6) Consent may be given by a person acting on behalf of P (or the survivors); and the references in sub-paragraph (5) to P (or the survivors) include a person acting on their behalf.

(7) In sub-paragraph (4)(a) “service” means—

(a) where the new scheme is a scheme under paragraph 12, service as a member of the House of Commons, and

(b) where the new scheme is a scheme under paragraph 16, service to which that paragraph applies.

Meaning of “accrued right”

20

(1) This paragraph applies for the interpretation of paragraph 19.

(2) “Accrued right”, in relation to a provision of the new scheme, means a right (including a contingent right) or entitlement to or in respect of a pension or future pension payable out of the Fund which has accrued in respect of service before the provision comes into force.

(3) Where the new scheme is a scheme under paragraph 12, in this paragraph “service” means service as a member of the House of Commons.

(4) Where the new scheme is a scheme under paragraph 16, in this paragraph “service” means service to which that paragraph applies.

Power to make consequential amendments

21

(1) The Minister for the Civil Service may by order make such modifications of any enactment or subordinate legislation (whenever passed or made) as the Minister considers appropriate in consequence of any provision of a scheme made by the IPSA or the Minister for the Civil Service under this Part of this Schedule.

(2) In sub-paragraph (1) the reference to subordinate legislation does not include a scheme made by the IPSA or the Minister for the Civil Service under this Part of this Schedule.

(3) An order under this paragraph is to be made by statutory instrument.

(4) A statutory instrument containing an order under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament (subject to sub-paragraph (5)).

(5) A statutory instrument containing an order made under this paragraph in consequence only of a scheme under paragraph 12 is subject to annulment in pursuance of a resolution of the House of Commons.

Interpretation etc

22

(1) A scheme made by the IPSA under paragraph 8 or 12 may amend or revoke any previous scheme made by the IPSA under that paragraph.

(2) A scheme made by the Minister for the Civil Service under paragraph 16 may amend or revoke any previous scheme made by the Minister under that paragraph.

(3) For the purposes of this Schedule “member”—

(a) in relation to a scheme under paragraph 12, means a person with service as a member of the House of Commons who, in respect of that service, has a right or entitlement under the scheme to a pension or future pension payable out of the Fund, and

(b) in relation to a scheme under paragraph 16, means a person with service to which that paragraph applies who, in respect of that service, has a right or entitlement under the scheme to a pension or future pension payable out of the Fund.

(4) In this Part of this Schedule—

“the Fund” means the Parliamentary Contributory Pension Fund;

“the IPSA” means the Independent Parliamentary Standards Authority;

“member-nominated trustee” has the meaning given by paragraph 2;

“modifications” includes additions, alterations and omissions (and related expressions are to be read accordingly);

“pension” includes gratuity;

“subordinate legislation” has the same meaning as in the Interpretation Act 1978.

Part 2 — Provision which may be included in schemes

Introductory

23

(1) In this Part of this Schedule “relevant service”—

(a) for the purposes of paragraph 14(1)(a), means service as a member of the House of Commons, and

(b) for the purposes of paragraph 17(1)(a), means service to which paragraph 16 applies.

(2) Expressions defined in relation to Part 1 of this Schedule have the same meaning in this Part of this Schedule as in that Part.

Contributions

24

Provision authorising or requiring contributions and other sums to be paid into the Fund by or on behalf of persons in relevant service, including provision for those contributions and sums to be paid—

(a) by deductions from salary;

(b) in the case of a person who does not draw a salary, out of money provided by Parliament.

Conditions etc

25

Provision as to—

(a) the circumstances in which there is to be entitlement to a pension payable out of the Fund;

(b) the conditions of any such entitlement;

(d) the calculation of the amount of any such pension;

(e) the payment or commutation of any such pension.

Pensions not paid out of Fund

26

(1) Provision for the application of assets of the Fund in or towards the provision of pensions to be paid otherwise than out of the Fund.

(2) In connection with such provision, provision for the payment into the Fund out of money provided by Parliament of sums in addition to those paid into the Fund under paragraph 10.

Transfer values

27

(1) Provision for the payment and receipt of transfer values by the trustees of the Fund (including provision for the payment of such values into the Consolidated Fund).

(2) Provision for the transfer and receipt by the trustees of the Fund of funds or policies of insurance in lieu of transfer values.

Service

28

Provision authorising service other than relevant service to be taken into account, in addition to relevant service, for the purposes of any provision of the scheme.

Repayments

29

(1) Provision as to the circumstances and manner in which amounts equal to some or all of the contributions and other sums paid by or on behalf of a person into the Fund may be repaid or paid to that person.

(2) Provision as to the circumstances and manner in which any such amounts are to be paid out of the Consolidated Fund in respect of transfer values paid into that Fund.

(3) Provision under sub-paragraph (1) or (2) may include provision as to whether any repayment or payment made under that provision is to be made with or without interest.

Assignment etc

30

Provision rendering void—

(a) any assignment (or, in Scotland, assignation) of a pension which is payable or may become payable out of the Fund;

(b) any charge on such a pension;

Functions

31

Provision conferring functions under the scheme on persons specified in or determined under the scheme.

Approvals

32

Provision making the approval, satisfaction or opinion of persons on whom functions are conferred by or under the scheme material for the purposes of any provision of the scheme.

Payments without probate

33

Provision authorising (in relation to such cases, circumstances or persons as may be specified in or determined under the scheme) any sum due to be paid out of the Fund in respect of a person who has died to be paid without probate or other proof of title.

Application of other provisions

34

Provision which (with or without modifications) applies in relation to a pension payable out of the Fund so much of any enactment or subordinate legislation (whenever passed or made) as relates to another pension, being a pension payable out of money provided by Parliament.

Part 3 — Amendments, transitional provision etc

Pensions (Increase) Act 1971 (c. 56)

35

(1) Part 1 of Schedule 2 is amended as follows.

(2) For paragraph 3A substitute—

(3A) A pension which, under a scheme under paragraph 12 or 16 of Schedule 6 to the Constitutional Reform and Governance Act 2010, is payable out of the Parliamentary Contributory Pension Fund.

(3) In paragraph 3B for “an order” substitute “ a scheme ”.

Parliamentary and other Pensions Act 1972 (c. 48)

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

38

(1) Section 4 (pensions) is amended as follows.

(2) In subsection (1)—

(a) for “Leader of the House of Commons may by order make” substitute “ IPSA may make a scheme containing ”, and

(b) for “by the order” substitute “ in the scheme ”.

(3) In subsection (2)—

(a) for “orders” substitute “ a scheme ”, and

(b) for “order” substitute “ scheme ”.

(4) In subsection (3)—

(a) for “an order” substitute “ a scheme ”, and

(b) in paragraphs (d) and (g) for “order” substitute “ scheme ”.

(5) In subsection (3A), for “An order” substitute “ A scheme ”.

(6) For subsection (4) substitute—

(4) Before making a scheme under this section the IPSA must consult— (a) the Treasury, (b) the Minister for the Civil Service, (c) persons it considers to represent those likely to be affected by the scheme, (d) the Government Actuary, and (e) any other person it considers appropriate. (4A) The IPSA must send to the Speaker of the House of Commons for laying before both Houses of Parliament— (a) any scheme made by it under this section, and (b) a statement of the reasons for making the scheme. (4B) When the scheme and the statement of reasons have been laid, the IPSA must publish them in a way it considers appropriate.

(7) For subsection (5) substitute—

(5) The IPSA must from time to time prepare a report on the operation of any provisions in force under this section, and send it to the Speaker of the House of Commons for laying before both Houses of Parliament.

(8) After subsection (7) insert—

(8) A scheme made by the IPSA under this section may amend or revoke any previous scheme made by the IPSA under this section.

39

(1) Section 6 (block transfer into another pension scheme) is amended as follows.

(2) In subsection (1)—

(a) for “Leader of the House of Commons may by order” substitute “ IPSA may, with the consent of the Treasury and the Minister for the Civil Service ”, and

(b) for “the order” substitute “ the direction ”.

(3) In subsection (2)—

(a) for “making an order” substitute “ giving a direction ”,

(b) for “Leader of the House of Commons” substitute “ IPSA ”,

(d) for “make such an order” substitute “ give such a direction ”, and

(e) for “the order” substitute “ the direction ”.

(4) In subsection (4), in the definition of “the relevant pension provisions”—

(a) for “an order” substitute “ a direction ”,

(b) for “orders” substitute “ a scheme ”, and

40

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

(2) In subsection (1)(c) (expenses and receipts)—

(a) for “any order” substitute “ a scheme ”, and

(b) omit the words from “or of any” to the end.

(3) In subsection (1)(d) for “an order” substitute “ a direction ”.

41

(1) Section 8 is amended as follows.

(2) In subsection (1) (interpretation)—

(a) after the definition of “electoral region” insert—

“the IPSA” means the Independent Parliamentary Standards Authority;

, and

(b) omit the definition of “the Leader of the House of Commons”.

(3) Omit subsection (2).

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

42

In section 1 (entitlement to payments out of House of Commons Members' Fund)—

(a) in subsection (5)(b) for “paragraph (b), (c) or (d) of section 2(2) of the Parliamentary and other Pensions Act 1987” substitute “ subsection (5A) ”, and

(b) after subsection (5) insert—

(5A) The offices are— (a) the offices mentioned in paragraph 16(2)(a), (b), (d) or (e) of Schedule 6 to the Constitutional Reform and Governance Act 2010; (b) the offices of Chairman of Ways and Means and Deputy Chairman of Ways and Means.

Parliamentary and other Pensions Act 1987 (c. 45)

43

Omit—

(a) section 1,

(b) section 2(1) to (8) and (10),

(d) Schedule 1.

44

(1) The existing regulations have effect (subject to any provision in an order under section 51 of this Act)—

(a) so far as they relate to matters which could be contained in a scheme made by the IPSA under paragraph 8, as if they were a scheme made by the IPSA under that paragraph,

(b) so far as they relate to matters which could be contained in a scheme made by the IPSA under paragraph 12, as if they were a scheme made by the IPSA under that paragraph, and

(c) so far as they relate to matters which could be contained in a scheme made by the Minister for the Civil Service under paragraph 16, as if they were a scheme made by the Minister under that paragraph.

(2) An order under section 51 or 52 of this Act may provide for any provision of the existing regulations which—

(a) relates to one or more of the matters listed in paragraph 8(1), but

(b) could not be contained in a scheme under paragraph 8,

to have effect as if contained in a scheme under that paragraph.

(3) If it does so a scheme under paragraph 8 may—

(a) revoke the provision;

(b) amend it so that it makes provision which may be contained in a scheme under that paragraph (but not otherwise amend it).

(4) An order under section 51 or 52 of this Act may provide for any provision of the existing regulations which—

(a) relates to service as a member of the House of Commons, but

(b) could not be contained in a scheme under paragraph 12,

to have effect as if contained in a scheme under that paragraph.

(5) If it does so a scheme under paragraph 12 may—

(a) revoke the provision;

(b) amend it so that it makes provision which may be contained in a scheme under that paragraph (but not otherwise amend it).

(6) An order under section 51 or 52 of this Act may provide for any provision of the existing regulations which—

(a) relates to service to which paragraph 16 applies, but

(b) could not be contained in a scheme under that paragraph,

to have effect as if contained in a scheme under that paragraph.

(7) If it does so a scheme under paragraph 16 may—

(a) revoke the provision;

(b) amend it so that it makes provision which may be contained in a scheme under that paragraph (but not otherwise amend it).

(8) “The existing regulations” means the regulations under section 2 of the Parliamentary and other Pensions Act 1987 in force immediately before the date specified in an order made by a Minister of the Crown by statutory instrument.

(9) An order under sub-paragraph (8) may specify different dates for different purposes.

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

45

Omit section 6.

Pensions Act 2004 (c. 35)

46

In section 249A(3)(c) (schemes to which section 249A does not apply) for “section 2 of the Parliamentary and other Pensions Act 1987 (c. 45)” substitute “ paragraph 8, 12 or 16 of Schedule 6 to the Constitutional Reform and Governance Act 2010 ”.

Parliamentary Standards Act 2009 (c. 13)

47

(1) In section 5(9) (MPs' allowances scheme does not affect pensions) for “the Parliamentary and other Pensions Act 1987 (c. 45)” substitute “ Schedule 6 to the Constitutional Reform and Governance Act 2010 ”.

(2) In paragraph 18 of Schedule 1 (IPSA's administration and regulation functions), after sub-paragraph (2) insert—

(3) The IPSA's functions under the following provisions are also regulation functions— (a) sections 3, 4 and 6 of the European Parliament (Pay and Pensions) Act 1979 (but not any function relating to the administration of a scheme under section 3 or 4); (b) paragraphs 2 to 5, 8, 9, 11, 12 and 15 of Schedule 6 to the Constitutional Reform and Governance Act 2010 (but not any function relating to the administration of a scheme under paragraph 8 or 12).

(3) In paragraph 29(2) of Schedule 1 (interpretation) in the definition of “regulation functions” after “18(2)” insert “ and (3) ”.

48

(1) An order under section 13 of the Parliamentary Standards Act 2009 may make the provision mentioned in section 13(6) (provision for transfer schemes) in connection with this Schedule (as well as in connection with that Act).

(2) But for this purpose—

(a) the reference in section 13(6)(a) to matters dealt with by the rules is to be treated as a reference to matters which could be dealt with by a scheme under paragraph 8 or 12;

(b) section 13(6)(b) and (c) does not apply to property, rights and liabilities, or documents and information, held by or on behalf of the trustees of the Fund.

(3) Section 13(7) of that Act applies to a scheme made by virtue of section 13(6) and this paragraph.

Trustees of the Fund

49

(1) This paragraph applies if, under an order under section 52, paragraph 2 comes into force for the purpose of making an appointment under paragraph 2(1)(a) or (b) before it comes into force for other purposes.

(2) The reference in paragraph 2(1)(a) or (b) to the persons who are already trustees of the Fund is to the persons who are trustees of the Fund by virtue of section 1 of the Parliamentary and other Pensions Act 1987.

50

(1) In this paragraph “the transitional period” means the period of six months beginning with the day on which paragraph 2 comes into force (other than for the purpose of making an appointment under paragraph 2(1)(a) or (b)).

(2) During the transitional period—

(a) paragraph 2(1) applies as if for paragraph (c) there were substituted—

(c) the persons who (by virtue of section 1 of the Parliamentary and other Pensions Act 1987) are the trustees of the Fund immediately before the beginning of the transitional period.

, and

(b) paragraph 5 applies to persons who are trustees of the Fund because of paragraph (a) as if they were member-nominated trustees.

(3) But if a person who is a trustee of the Fund immediately before the beginning of the transitional period is appointed under paragraph 2(1)(a) or (b) that person is not to be treated as being a trustee of the Fund because of sub-paragraph (2)(a).

(4) The trustees of the Fund must make arrangements (the “transitional arrangements”) for 8 persons to be nominated and selected as member-nominated trustees before the end of the transitional period.

(5) Those persons become member-nominated trustees immediately after the end of the transitional period.

(6) Only persons who are trustees of the Fund immediately before the beginning of the transitional period may be nominated and selected as member-nominated trustees under the transitional arrangements.

(7) But if it is not possible to secure 8 member-nominated trustees from among those persons, the deficiency may be supplied by other persons.

(8) At the end of the transitional period any persons who—

(a) immediately before the end of that period, are trustees of the Fund because of sub-paragraph (2)(a), but

(b) have not been nominated and selected as member-nominated trustees,

cease to be trustees of the Fund.

SCHEDULE 7

1

The Freedom of Information Act 2000 is amended as follows.

2

In section 2(3) (exemptions not subject to public interest test) after paragraph (e) insert—

(ea) in section 37, paragraphs (a) to (ab) of subsection (1), and subsection (2) so far as relating to those paragraphs,

3

In section 37(1) (communications with Her Majesty, etc.), for paragraph (a) substitute—

(a) communications with the Sovereign, (aa) communications with the heir to, or the person who is for the time being second in line of succession to, the Throne, (ab) communications with a person who has subsequently acceded to the Throne or become heir to, or second in line to, the Throne, (ac) communications with other members of the Royal Family (other than communications which fall within any of paragraphs (a) to (ab) because they are made or received on behalf of a person falling within any of those paragraphs), and (ad) communications with the Royal Household (other than communications which fall within any of paragraphs (a) to (ac) because they are made or received on behalf of a person falling within any of those paragraphs), or

4

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

(2) In subsection (1) (meaning of “historical record”), for “thirty years” substitute “ twenty years ”.

(3) After subsection (2) insert—

(2A) Until the end of the period of 10 years beginning with the commencement of paragraph 4 of Schedule 7 to the Constitutional Reform and Governance Act 2010, subsection (1) has effect subject to any order made under section 46(2) of that Act.

5

(1) Section 63 (removal of exemptions: historical records generally) is amended as follows.

(2) In subsection (1)—

(a) omit “28,”, and

(b) for “36, 37(1)(a), 42 or 43” substitute “ or 42 ”.

(3) In subsection (2)—

(a) omit “28(3),”, and

(b) for “36(3), 42(2) or 43(3)” substitute “ or 42(2) ”.

(4) After subsection (2) insert—

(2A) Information contained in a historical record cannot be exempt information by virtue of section 36 except— (a) in a case falling within subsection (2)(a)(ii) of that section, or (b) in a case falling within subsection (2)(c) of that section where the prejudice or likely prejudice relates to the effective conduct of public affairs in Northern Ireland. (2B) Compliance with section 1(1)(a) in relation to a historical record is not to be taken to have any of the effects referred to in subsection (3) of section 36, except where the effect— (a) falls within subsection (2)(a)(ii) of that section, or (b) falls within subsection (2)(c) of that section and relates to the effective conduct of public affairs in Northern Ireland. (2C) Information cannot be exempt information— (a) by virtue of section 28 or 43, or (b) by virtue of section 36 in the excepted cases mentioned in subsection (2A), after the end of the period of thirty years beginning with the year following that in which the record containing the information was created. (2D) Compliance with section 1(1)(a) in relation to any record is not to be taken, at any time after the end of the period of thirty years beginning with the year following that in which the record was created, to be capable— (a) of prejudicing any of the matters referred to in section 28(1) or 43(2), or (b) of having any of the effects referred to in section 36(3) in the excepted cases mentioned in subsection (2B). (2E) Information cannot be exempt information by virtue of any of paragraphs (a) to (ad) of section 37(1) after whichever is the later of— (a) the end of the period of five years beginning with the date of the relevant death, and (b) the end of the period of twenty years beginning with the date on which the record containing the information was created. (2F) In subsection (2E)(a) “the relevant death” means— (a) for the purposes of any of paragraphs (a) to (ac) of section 37(1), the death of the person referred to in the paragraph concerned, or (b) for the purposes of section 37(1)(ad), the death of the Sovereign reigning when the record containing the information was created.

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Establishment of the Civil Service Commission

Membership of Speaker's Committee

MPs' salaries

Tax status of members of the House of Lords: transitional provision

Corresponding provision in relation to Wales

Transfer of records to Public Record Office

Parliamentary elections: counting of votes

Membership of the Commission

Appointment of First Civil Service Commissioner

Appointment of Civil Service Commissioners

Payment of remuneration and allowances etc

Resignation or removal from office

Compensation for loss of office of First Commissioner or Commissioner

Status of the Commission and its property

Powers

Committees

Procedure and proceedings

Staff

Pensions

Arrangements for assistance

Delegation

Financial provisions

Accounts

Reports

Meaning of “financial year”

Documentary evidence

Parliamentary Commissioner Act 1967 (c. 13)

Superannuation Act 1972 (c. 11)

House of Commons Disqualification Act 1975 (c. 24)

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

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

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

Government of Wales Act 1998 (c. 38)

Scotland Act 1998 (c. 46)

Regulation of Investigatory Powers Act 2000 (c. 23)

Freedom of Information Act 2000 (c. 36)

Tax Credits Act 2002 (c. 21)

Extradition Act 2003 (c. 41)

Government of Wales Act 2006 (c. 32)

Police and Justice Act 2006 (c. 48)

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

Crossrail Act 2008 (c. 18)

Civil Service Orders in Council

Diplomatic Service Orders in Council

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

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

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

Definitions

Head of the old commission to become First Commissioner

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

Members of the old commission to become Commissioners

Restriction on period of office for former member of old commission

Audits of recruitment policies and practices

Requirements to publish recruitment information

Appeals by civil servants

First annual report

Transfer of property, rights and liabilities

Information previously held by old commission

Preparatory work

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

Power to manage the civil service

Selection on merit etc

Special advisers

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

Parliamentary and other Pensions Act 1987 (c. 45)

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

Scotland Act 1998 (c. 46)

Government of Wales Act 2006 (c. 32)

The Parliamentary Contributory Pension Fund etc

Continuance of Fund

Number and composition of trustees

Member-nominated trustees

Remuneration

Resignation and removal of trustees

Proceedings

Powers of trustees

Administration scheme

Procedure for administration scheme

Exchequer contribution to Fund

Power to determine Exchequer contribution

MPs' pension scheme

Meaning of “service as a member of the House of Commons”

MPs' pension scheme: further provision

Procedure for MPs' pension scheme

Ministers' etc pension scheme

Ministers' etc pension scheme: further provision

Procedure for Ministers' etc pension scheme

Supplementary provision

Protection of accrued rights

Meaning of “accrued right”

Power to make consequential amendments

Interpretation etc

Introductory

Contributions

Conditions etc

Pensions not paid out of Fund

Transfer values

Service

Repayments

Assignment etc

Functions

Approvals

Payments without probate

Application of other provisions

Pensions (Increase) Act 1971 (c. 56)

Parliamentary and other Pensions Act 1972 (c. 48)

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

House of Commons Members' Fund and Parliamentary Pensions Act 1981 (c. 7)

Parliamentary and other Pensions Act 1987 (c. 45)

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

Pensions Act 2004 (c. 35)

Parliamentary Standards Act 2009 (c. 13)

Trustees of the Fund

Editorial notes

[^key-a12d77dfb5e0d0b940859f6b3524dd95]: S. 26 in force at 19.4.2010 by S.I. 2010/1277, art. 2(a)

[^key-31db19c02a9f168b442037832080d7cf]: S. 38 in force at 19.4.2010 for specified purposes by S.I. 2010/1277, art. 2(b)

[^key-c3f7351b12db9cf468e5fbf9e83cb808]: Sch. 3 in force at 19.4.2010 by S.I. 2010/1277, art. 2(c)

[^key-7130ed19f483c407b53263f07c652d9f]: Sch. 5 para. 1 in force at 19.4.2010 by S.I. 2010/1277, art. 2(d)(i)

[^key-d0670a7fda7107d770a180ae846862c2]: Sch. 5 para. 2(b) in force at 19.4.2010 by S.I. 2010/1277, art. 2(d)(ii)

[^key-7b37858e86847b9e003d4611e53eb9e4]: Sch. 5 para. 4(1)(2)(a) in force at 19.4.2010 by S.I. 2010/1277, art. 2(d)(iii)

[^key-44af2845d2f3b2eeced603baf76b392f]: Sch. 5 para. 5(1)(3) in force at 19.4.2010 by S.I. 2010/1277, art. 2(d)(iv)

[^key-a751312e195f6936a124b6bd54497a56]: Sch. 5 para. 7(1) in force at 19.4.2010 by S.I. 2010/1277, art. 2(d)(v)

[^key-fe8f5690e01dd76e8c7b07d634730e03]: Sch. 5 para. 7(4)(d) in force at 19.4.2010 for specified purposes by S.I. 2010/1277, art. 2(d)(v)

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