Executive Powers and Civil Service Bill [HL]

House of Lords

Session 2003 - 04
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Other Bills before Parliament

Executive Powers and Civil Service Bill [HL]

Executive Powers and Civil Service Bill [HL]
Part 3 — Public appointments
8

(b)
to produce specified documents or documents of a specified
description;
(c)
to attend at a specified time and place to answer questions.
(7)
Investigations are to be conducted in private.
(8)
Apart from the provision made in subsections (1) to (7), the Commission may
5
determine its own procedure for conducting investigations.
Part 3
Public appointments
17
Procedure for making specified public appointments
No person may be appointed to a specified public appointment unless—
10
(a)
the person making the appointment has first obtained, and considered,
the advice of the Commissioner for Public Appointments; and
(b)
the appointment of the person selected for the position has been
approved by the Public Appointments Committee.
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Specified public appointments
15
(1)
In this Part “specified public appointment” means any appointment as—
(a)
the Information Commissioner;
(b)
a Commissioner at the Equal Opportunities Commission;
(c)
a Commissioner at the Commission for Racial Equality;
(d)
a Commissioner at the Disability Rights Commission;
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(e)
the Comptroller and Auditor General;
(f)
the Parliamentary Commissioner for Administration;
(g)
the Welsh Administration Ombudsman;
(h)
a Local Government Ombudsman for England;
(i)
the Local Government Ombudsman for Wales;
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(j)
the Health Service Ombudsman for England and Wales;
(k)
the Chairman of the Financial Ombudsman Service;
(l)
the Chairman of the Independent Police Complaints Commission or a
member of that Commission;
(m)
the Legal Services Ombudsman for England and Wales;
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(n)
the Pensions Ombudsman.
(2)
The Secretary of State may by order amend the list of specified public
appointments by varying, or removing, any of them or by adding an
appointment.
(3)
An order under subsection (2)—
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(a)
may not be made unless the Secretary of State has first obtained, and
considered, the advice of the Public Appointments Committee; and
(b)
shall be subject to annulment in pursuance of a resolution of either
House of Parliament.
(4)
“Financial Ombudsman Service” means the body corporate established to
40
administer the ombudsman scheme for which Part 16 of the Financial Services
and Markets Act 2000 (c. 8) makes provision.

Executive Powers and Civil Service Bill [HL]
Part 4 — Supplemental
9

19
Commissioner for Public Appointments
(1)
There shall be established the office of the Commissioner for Public
Appointments.
(2)
It shall be the duty of the Commissioner for Public Appointments to advise—
(a)
the Public Appointments Committee on specified public appointments;
5
and
(b)
any person making such an appointment.
(3)
Schedule 4 makes provision about the office of the Commissioner for Public
Appointments.
20
Public Appointments Committee
10
(1)
There shall be a Committee to be known as “the Public Appointments
Committee”.
(2)
It shall be the duty of the Public Appointments Committee to approve
nominations for any specified public appointment.
(3)
Schedule 5 makes provision about the Public Appointments Committee.
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Part 4
Supplemental
21
Interpretation
In this Act—
“Minister of the Crown” has the same meaning as in the Ministers of the
20
Crown Act 1975 (c. 26);
“primary legislation” and “secondary legislation” have the same meaning
as in the Human Rights Act 1998 (c. 42); and
“registered political party” means a party registered under Part 2 of the
Political Parties, Elections and Referendums Act 2000 (c. 41).
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22
Regulations, orders and revocation
(1)
Any power to make an order or regulations which is conferred by this Act is
exercisable by statutory instrument.
(2)
Any statutory instrument made under this Act may—
(a)
contain such incidental, supplemental, consequential and transitional
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provision as the person making it considers appropriate; and
(b)
make different provision for different cases.
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Short title, commencement and extent
(1)
This Act may be cited as the Executive Powers and Civil Service Act 2004.
(2)
Part 1 comes into force on the day on which this Act is passed.
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(3)
The other provisions of this Act come into force on such day as the Secretary of
State may by order appoint; and different days may be appointed for different
purposes.

Executive Powers and Civil Service Bill [HL]
Part 4 — Supplemental
10

(4)
This Act extends to Great Britain and Northern Ireland except that—
(a)
nothing in Part 2 applies in relation to the Northern Ireland Civil
Service; and
(b)
the provisions of Part 3 have the same extent, in their application to any
specified public appointment (within the meaning of section 18) which
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is made under an enactment, as that enactment.

Executive Powers and Civil Service Bill [HL]
Schedule 1 — Parliamentary authority for treaties and war etc
11

Schedules
Schedule 1
Section 3(2)(b)

Parliamentary authority for treaties and war etc
Ratification of treaties
1     (1)
The Minister of the Crown with lead responsibility for negotiating any treaty
5
shall, once the treaty has been signed, lay a copy of it before Parliament.
      (2)
The treaty shall be accompanied by—
(a)
an explanation of the contents and the purpose of the treaty;
(b)
an explanation of the reasons for believing that entering into the
treaty is in the interests of the United Kingdom and its inhabitants;
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and
(c)
an estimate of the costs together with an analysis of the benefits that
will arise if the treaty is ratified.
2     (1)
Any treaty specified in sub-paragraph (2) may be ratified only if it is
approved by a resolution of each House of Parliament.
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      (2)
The treaties specified in this sub-paragraph are—
(a)
any treaty that requires any amendment to be made to the laws of the
United Kingdom;
(b)
any treaty that affects the private rights of any individuals, bodies
corporate, partnerships or unincorporated associations in the United
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Kingdom;
(c)
any treaty that imposes or increases a tax on any such person;
(d)
any treaty that cedes any part of the territory of the United Kingdom;
and
(e)
such other description of treaty as the Secretary of State may specify
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by order.
      (3)
An order under sub-paragraph (2)(e) shall be subject to annulment in
pursuance of a resolution of either House of Parliament.
      (4)
The reference to territory of the United Kingdom includes the Channel
Islands, the Isle of Man and any colony.
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3     (1)
Any treaty other than one falling within paragraph 2(2) may be ratified only
if—
(a)
it has been reported to Parliament by a Select Committee; and
(b)
before the end of the relevant period, neither House has passed a
resolution praying against ratification.
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      (2)
“Relevant period” means a period of twenty-one days beginning with the
day on which the treaty is laid before Parliament.

Executive Powers and Civil Service Bill [HL]
Schedule 2 — Executive Powers Review Committee
12

      (3)
In calculating the relevant period no account is to be taken of any time
during which Parliament is dissolved or prorogued or during which both
Houses are adjourned for more than four days.
Participation in war, armed conflict or peacekeeping
4
Before executive powers are exercised for the purpose of committing the
5
United Kingdom to direct participation in—
(a)
any war;
(b)
any international armed conflict; or
(c)
any international peace-keeping activities;

the prior approval of Parliament for such participation must be given by a
10
resolution of each House.
Schedule 2
Section 4

Executive Powers Review Committee
Preliminary
1
In this Part of this Schedule “executive action” means any Order in Council
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made under executive powers or anything done in exercise of such powers.
Appointment of Executive Powers Review Committee
2     (1)
The Executive Powers Review Committee (referred to in this Schedule as
“the Committee”) shall consist of twelve members—
(a)
who shall be drawn from the members of the House of Commons
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and from the members of the House of Lords; and
(b)
none of whom shall be a Minister of the Crown.
      (2)
The members of the Committee shall be appointed by the Prime Minister
and one of the members shall be appointed by him as chairman.
      (3)
An appointment under sub-paragraph (2) may only be made after
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consultation with the leader of each registered political party to which two
or more members of the House of Commons for the time being belong.
      (4)
Past service is no bar to appointment as a member of the Committee.
Tenure of office
3     (1)
A member of the Committee shall hold office for the duration of the
30
Parliament in which he is appointed.
      (2)
But a member shall vacate office—
(a)
if he ceases to be a member of the House of Commons
(b)
if he ceases to be a member of the House of Lords;
(c)
if he becomes a Minister of the Crown; or
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(d)
if he is required to do so by the Prime Minister on the appointment,
in accordance with this Schedule, of another person as a member in
his place.

Executive Powers and Civil Service Bill [HL]
Schedule 2 — Executive Powers Review Committee
13

      (3)
A member of the Committee may resign at any time by giving notice to the
Prime Minister.
Procedure
4     (1)
The quorum of the Committee is three.
      (2)
The Chairman may appoint one of the members of the Committee to act, in
5
his absence, as chairman at any meeting of the Committee.
      (3)
If, on any matter, there is an equality of voting among the members of the
Committee, the Chairman shall have a second or casting vote.
5
Apart from the provision made in paragraph 4, the Committee may
determine its own procedure.
10
Terms of reference
6     (1)
In its general review under section 4(2) of the circumstances in which
executive powers are exercised, the Committee shall consider the extent to
which the Government has observed the general principal, having regard
to—
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(a)
the nature and effect of the executive action;
(b)
the rights and interest of any person affected; and
(c)
any other factors that the Committee considers appropriate.
      (2)
The general principle is that any executive action should only be taken in
such manner as will provide an adequate level of accessibility, clarity and
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legal certainty for persons affected by it.
Report to Parliament
7
At least once a year the Committee shall lay before Parliament a report on—
(a)
its consideration, in relation to any executive action, of the matters
mentioned in paragraph 6;
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(b)
any circumstances in which it considers that anything done, or
proposed to be done, in the course of executive action is of such
nature or significance that it ought to be considered by Parliament
and authorised by primary or secondary legislation;
(c)
in a case falling within paragraph (b), the Committee’s reasons for
30
reaching its view;
(d)
such other matters as it may determine.
Duty of Minister to respond in certain cases
8     (1)
This paragraph applies in any case where—
(a)
a report by the Committee includes, in relation to any executive
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action, material which falls within paragraph 7(b); and
(b)
both Houses of Parliament approve the report in so far as it relates to
that action.
      (2)
The Minister (or Ministers) of the Crown with responsibility for the
executive action shall either—
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(a)
bring before Parliament—

Executive Powers and Civil Service Bill [HL]
Schedule 3 — Civil Service Commission for England, Wales and Scotland
14

(i)
primary legislation containing provision to authorise that
executive action; or
(ii)
secondary legislation containing such provision (either
under existing powers or paragraph 9); or
(b)
lay before Parliament a statement of his reasons for not doing so.
5
      (3)
Any legislation falling within sub-paragraph (2)(a) shall contain a statement
indicating that it is in response to a report under paragraph 7, specifying the
date of the report.
9     (1)
If a Minister of the Crown considers that it is appropriate to do so, he may
by order under this paragraph make provisions for the purposes of
10
paragraph 8(2)(a)(ii) to authorise particular executive action.
      (2)
No order shall be made under this paragraph unless a draft of the order has
been laid before Parliament and approved by resolution of each House.
Executive action unlawful in certain cases
10    (1)
In any case to which paragraph 8(1) applies, anything done in the course of
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the executive action in question shall cease to be lawful with effect from the
end of the relevant period unless, before the end of that period, the first
condition or the second condition is met in relation to the executive action.
      (2)
The first condition is that legislation falling within paragraph 8(2)(a) is
enacted by Parliament.
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      (3)
The second condition is that a statement of reasons laid under paragraph
8(2)(b) is approved by resolution of each House of Parliament.
      (4)
“Relevant period” means the period of 18 months commencing with the date
on which the approval of both Houses of Parliament was given to the report
relating to the executive action.
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Schedule 3
Section 7

Civil Service Commission for England, Wales and Scotland
The Commissioners
1     (1)
Any Commissioner appointed to the Civil Service Commission for England,
Wales and Scotland (referred to in this Schedule as “the Commission”) shall
30
hold and vacate office in accordance with the terms of his appointment.
      (2)
The First Commissioner of the Civil Service Commission shall cease to hold
that office if he ceases to be a Commissioner.
      (3)
No person may be appointed as a Commissioner for a term exceeding five
years.
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      (4)
But a person who ceases to be a Commissioner is eligible for re-appointment.
      (5)
A Commissioner may resign by giving notice to the Minister for the Civil
Service.
      (6)
The Minister for the Civil Service may remove a commissioner from office
by giving notice to him if the Minister is satisfied—
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