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Constitutional Reform and Governance Act 2010

2010 c. 25 · Enacted 8 April 2010 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 29 April 2026.

An Act to make provision relating to the civil service of the State; to make provision in relation to section 3 of the Act of Settlement; to make provision relating to the ratification of treaties; to make provision relating to the counting of votes in parliamentary elections; to amend the Parliamentary Standards Act 2009 and the European Parliament (Pay and Pensions) Act 1979 and to make provision relating to pensions for members of the House of Commons, Ministers and other office holders; to make provision for treating members of the House of Commons and members of the House of Lords as resident, ordinarily resident and domiciled in the United Kingdom for taxation purposes; to amend the Government Resources and Accounts Act 2000 and to make corresponding provision in relation to Wales; to amend the Public Records Act 1958 and the Freedom of Information Act 2000.

[8th April 2010]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Contents

  1. Part 1: The civil service
  2. Chapter 1: Statutory basis for management of the civil service
  3. Application
  4. 1Application of Chapter
  5. Civil Service Commission
  6. 2Establishment of the Civil Service Commission
  7. Power to manage the civil service
  8. 3Management of the civil service
  9. 4Other statutory management powers
  10. Codes of conduct
  11. 5Civil service code
  12. 6Diplomatic service code
  13. 7Minimum requirements for civil service and diplomatic service codes
  14. 8Special advisers code
  15. 9Conduct that conflicts with a code of conduct: complaints by civil servants
  16. Appointment
  17. 10Selections for appointments to the civil service
  18. 11Recruitment principles
  19. 12Approvals for selections and exceptions
  20. 13Complaints about competitions
  21. 14Monitoring by the Commission
  22. Special advisers
  23. 15Definition of “special adviser”
  24. 16Annual reports about special advisers
  25. Additional functions of the Commission
  26. 17Agreements for the Commission to carry out additional functions
  27. Final provisions
  28. 18Definitions etc
  29. Chapter 2: Consequential and transitional provision
  30. 19Consequential amendments and transitional provision
  31. Part 2: Ratification of treaties
  32. 20Treaties to be laid before Parliament before ratification
  33. 21Extension of 21 sitting day period
  34. 22Section 20 not to apply in exceptional cases
  35. 23Section 20 not to apply to certain descriptions of treaties
  36. 24Explanatory memoranda
  37. 25Meaning of “treaty” and “ratification”
  38. Part 3: Parliamentary standards etc
  39. Amendments of the Parliamentary Standards Act 2009
  40. 26Compliance Officer
  41. 27Membership of Speaker's Committee
  42. 28Transparency etc
  43. 29MPs' salaries
  44. 30MPs' allowances scheme
  45. 31Allowances claims
  46. 32MPs' code of conduct relating to financial interests
  47. 33Investigations
  48. 34Enforcement
  49. 35Relationships with other bodies etc
  50. 36Further functions of the IPSA and Commissioner
  51. 37Expiry of provisions of the Parliamentary Standards Act 2009
  52. 38Consequential amendments
  53. Other provision
  54. 39Resettlement grants for MEPs
  55. 40Parliamentary and other pensions
  56. Part 4: Tax status of MPs and members of the House of Lords
  57. 41Tax status of MPs and members of the House of Lords
  58. 42Tax status of members of the House of Lords: transitional provision
  59. Part 5: Transparency of government financial reporting to Parliament
  60. 43Inclusion in departmental estimates of resources used by designated bodies
  61. 44Corresponding provision in relation to Wales
  62. Part 6: Public records and freedom of information
  63. 45Transfer of records to Public Record Office
  64. 46Freedom of information
  65. Part 7: Miscellaneous and final provisions
  66. 47Section 3 of the Act of Settlement
  67. 48Parliamentary elections: counting of votes
  68. 49Meaning of “Minister of the Crown”
  69. 50Financial provision
  70. 51Power to make consequential provision
  71. 52Extent, commencement, transitional provision and short title
  72. Schedule 1: The Civil Service Commission
  73. Part 1: The Commissioners
  74. Membership of the Commission
  75. 1Paragraph 1
  76. Appointment of First Civil Service Commissioner
  77. 2Paragraph 2
  78. Appointment of Civil Service Commissioners
  79. 3Paragraph 3
  80. Payment of remuneration and allowances etc
  81. 4Paragraph 4
  82. Resignation or removal from office
  83. 5Paragraph 5
  84. Compensation for loss of office of First Commissioner or Commissioner
  85. 6Paragraph 6
  86. Part 2: The Commission
  87. Status of the Commission and its property
  88. 7Paragraph 7
  89. Powers
  90. 8Paragraph 8
  91. Committees
  92. 9Paragraph 9
  93. Procedure and proceedings
  94. 10Paragraph 10
  95. Staff
  96. 11Paragraph 11
  97. Pensions
  98. 12Paragraph 12
  99. Arrangements for assistance
  100. 13Paragraph 13
  101. Delegation
  102. 14Paragraph 14
  103. Financial provisions
  104. 15Paragraph 15
  105. Accounts
  106. 16Paragraph 16
  107. Reports
  108. 17Paragraph 17
  109. Meaning of “financial year”
  110. 18Paragraph 18
  111. Documentary evidence
  112. 19Paragraph 19
  113. Schedule 2: Consequential amendments and transitional provision relating to Part 1
  114. Part 1: Consequential amendments to Acts of Parliament
  115. Parliamentary Commissioner Act 1967 (c. 13)
  116. 1Paragraph 1
  117. Superannuation Act 1972 (c. 11)
  118. 2Paragraph 2
  119. House of Commons Disqualification Act 1975 (c. 24)
  120. 3Paragraph 3
  121. Northern Ireland Assembly Disqualification Act 1975 (c. 25)
  122. 4Paragraph 4
  123. House of Commons (Administration) Act 1978 (c. 36)
  124. 5Paragraph 5
  125. Civil Service (Management Functions) Act 1992 (c. 61)
  126. 6Paragraph 6
  127. 7Paragraph 7
  128. Government of Wales Act 1998 (c. 38)
  129. 8Paragraph 8
  130. Scotland Act 1998 (c. 46)
  131. 9Paragraph 9
  132. Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2)
  133. 10Paragraph 10
  134. Regulation of Investigatory Powers Act 2000 (c. 23)
  135. 11Paragraph 11
  136. Freedom of Information Act 2000 (c. 36)
  137. 12Paragraph 12
  138. Tax Credits Act 2002 (c. 21)
  139. 13Paragraph 13
  140. Extradition Act 2003 (c. 41)
  141. 14Paragraph 14
  142. Government of Wales Act 2006 (c. 32)
  143. 15Paragraph 15
  144. Police and Justice Act 2006 (c. 48)
  145. 16Paragraph 16
  146. Parliament (Joint Departments) Act 2007 (c. 16)
  147. 17Paragraph 17
  148. Crossrail Act 2008 (c. 18)
  149. 18Paragraph 18
  150. Part 2: Consequential amendments to other legislation
  151. Civil Service Orders in Council
  152. 19Paragraph 19
  153. Diplomatic Service Orders in Council
  154. 20Paragraph 20
  155. Servants of the Crown (Parliamentary, European Assembly and Northern Ireland Assembly Candidature) Order 1987
  156. 21Paragraph 21
  157. Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311)
  158. 22Paragraph 22
  159. 23Paragraph 23
  160. Charities and Trustee Investment (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2006 (S.I. 2006/242)
  161. 24Paragraph 24
  162. Part 3: Transitional provision relating to the Civil Service Commission
  163. Definitions
  164. 25Paragraph 25
  165. Head of the old commission to become First Commissioner
  166. 26Paragraph 26
  167. Restriction on period of office if First Commissioner is former head of the old commission
  168. 27Paragraph 27
  169. Members of the old commission to become Commissioners
  170. 28Paragraph 28
  171. Restriction on period of office for former member of old commission
  172. 29Paragraph 29
  173. Audits of recruitment policies and practices
  174. 30Paragraph 30
  175. Requirements to publish recruitment information
  176. 31Paragraph 31
  177. Appeals by civil servants
  178. 32Paragraph 32
  179. 33Paragraph 33
  180. First annual report
  181. 34Paragraph 34
  182. Transfer of property, rights and liabilities
  183. 35Paragraph 35
  184. Information previously held by old commission
  185. 36Paragraph 36
  186. Preparatory work
  187. 37Paragraph 37
  188. Part 4: Other transitional provision
  189. Application of section 16(1) of the Interpretation Act 1978
  190. 38Paragraph 38
  191. Power to manage the civil service
  192. 39Paragraph 39
  193. 40Paragraph 40
  194. Selection on merit etc
  195. 41Paragraph 41
  196. 42Paragraph 42
  197. Special advisers
  198. 43Paragraph 43
  199. Schedule 3Parliamentary Standards Act 2009: substituted Schedule 2
  200. Schedule 4Parliamentary Standards Act 2009: new Schedule 4
  201. Schedule 5: Parliamentary standards: consequential amendments
  202. Part 1: Amendments of the Parliamentary Standards Act 2009
  203. 1Paragraph 1
  204. 2Paragraph 2
  205. 3Paragraph 3
  206. 4Paragraph 4
  207. 5Paragraph 5
  208. 6Paragraph 6
  209. 7Paragraph 7
  210. Part 2: Amendments of other Acts
  211. European Parliament (Pay and Pensions) Act 1979 (c. 50)
  212. 8Paragraph 8
  213. Parliamentary and other Pensions Act 1987 (c. 45)
  214. 9Paragraph 9
  215. Ministerial and other Pensions and Salaries Act 1991 (c. 5)
  216. 10Paragraph 10
  217. Scotland Act 1998 (c. 46)
  218. 11Paragraph 11
  219. Government of Wales Act 2006 (c. 32)
  220. 12Paragraph 12
  221. Schedule 6: Parliamentary and other pensions
  222. Part 1: Parliamentary and other pensions
  223. Chapter: The Parliamentary Contributory Pension Fund etc
  224. Continuance of Fund
  225. 1Paragraph 1
  226. Number and composition of trustees
  227. 2Paragraph 2
  228. Member-nominated trustees
  229. 3Paragraph 3
  230. Remuneration
  231. 4Paragraph 4
  232. Resignation and removal of trustees
  233. 5Paragraph 5
  234. Proceedings
  235. 6Paragraph 6
  236. Powers of trustees
  237. 7Paragraph 7
  238. Administration scheme
  239. 8Paragraph 8
  240. Procedure for administration scheme
  241. 9Paragraph 9
  242. Exchequer contribution to Fund
  243. 10Paragraph 10
  244. Power to determine Exchequer contribution
  245. 11Paragraph 11
  246. Chapter: MPs' pension scheme
  247. MPs' pension scheme
  248. 12Paragraph 12
  249. Meaning of “service as a member of the House of Commons”
  250. 13Paragraph 13
  251. MPs' pension scheme: further provision
  252. 14Paragraph 14
  253. Procedure for MPs' pension scheme
  254. 15Paragraph 15
  255. Chapter: Ministers' etc pension scheme
  256. Ministers' etc pension scheme
  257. 16Paragraph 16
  258. Ministers' etc pension scheme: further provision
  259. 17Paragraph 17
  260. Procedure for Ministers' etc pension scheme
  261. 18Paragraph 18
  262. Chapter: Supplementary provision
  263. Protection of accrued rights
  264. 19Paragraph 19
  265. Meaning of “accrued right”
  266. 20Paragraph 20
  267. Power to make consequential amendments
  268. 21Paragraph 21
  269. Interpretation etc
  270. 22Paragraph 22
  271. Part 2: Provision which may be included in schemes
  272. Introductory
  273. 23Paragraph 23
  274. Contributions
  275. 24Paragraph 24
  276. Conditions etc
  277. 25Paragraph 25
  278. Pensions not paid out of Fund
  279. 26Paragraph 26
  280. Transfer values
  281. 27Paragraph 27
  282. Service
  283. 28Paragraph 28
  284. Repayments
  285. 29Paragraph 29
  286. Pension age
  287. 29AParagraph 29A
  288. Assignment etc
  289. 30Paragraph 30
  290. Functions
  291. 31Paragraph 31
  292. Approvals
  293. 32Paragraph 32
  294. Payments without probate
  295. 33Paragraph 33
  296. Application of other provisions
  297. 34Paragraph 34
  298. Part 3: Amendments, transitional provision etc
  299. Pensions (Increase) Act 1971 (c. 56)
  300. 35Paragraph 35
  301. Parliamentary and other Pensions Act 1972 (c. 48)
  302. 36Paragraph 36 Repealed
  303. 37Paragraph 37 Repealed
  304. European Parliament (Pay and Pensions) Act 1979 (c. 50)
  305. 38Paragraph 38
  306. 39Paragraph 39
  307. 40Paragraph 40
  308. 41Paragraph 41
  309. House of Commons Members' Fund and Parliamentary Pensions Act 1981 (c. 7)
  310. 42Paragraph 42
  311. Parliamentary and other Pensions Act 1987 (c. 45)
  312. 43Paragraph 43
  313. 44Paragraph 44
  314. Ministerial and other Pensions and Salaries Act 1991 (c. 5)
  315. 45Paragraph 45
  316. Pensions Act 2004 (c. 35)
  317. 46Paragraph 46
  318. Parliamentary Standards Act 2009 (c. 13)
  319. 47Paragraph 47
  320. 48Paragraph 48
  321. Trustees of the Fund
  322. 49Paragraph 49
  323. 50Paragraph 50
  324. Schedule 7: Amendments of Freedom of Information Act 2000
  325. 1Paragraph 1
  326. 2Paragraph 2
  327. 3Paragraph 3
  328. 4Paragraph 4
  329. 5Paragraph 5
  330. 6Paragraph 6 Repealed