Constitutional Reform and Governance Act 2010

• (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),

• (c) section 3, and

• (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

Membership of Speaker's Committee

MPs' salaries

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

Corresponding provision in relation to Wales

Corresponding provision in relation to Wales

Transfer of records to Public Record Office

Parliamentary elections: counting of votes

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)

Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2)

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

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

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