Constitutional Reform and Governance Act 2010
2010 c. 25 · Enacted 8 April 2010 · Extends to United Kingdom
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
- Part 1: The civil service
- Chapter 1: Statutory basis for management of the civil service
- Application
- 1Application of Chapter
- Civil Service Commission
- 2Establishment of the Civil Service Commission
- Power to manage the civil service
- 3Management of the civil service
- 4Other statutory management powers
- Codes of conduct
- 5Civil service code
- 6Diplomatic service code
- 7Minimum requirements for civil service and diplomatic service codes
- 8Special advisers code
- 9Conduct that conflicts with a code of conduct: complaints by civil servants
- Appointment
- 10Selections for appointments to the civil service
- 11Recruitment principles
- 12Approvals for selections and exceptions
- 13Complaints about competitions
- 14Monitoring by the Commission
- Special advisers
- 15Definition of “special adviser”
- 16Annual reports about special advisers
- Additional functions of the Commission
- 17Agreements for the Commission to carry out additional functions
- Final provisions
- 18Definitions etc
- Chapter 2: Consequential and transitional provision
- 19Consequential amendments and transitional provision
- Part 2: Ratification of treaties
- 20Treaties to be laid before Parliament before ratification
- 21Extension of 21 sitting day period
- 22Section 20 not to apply in exceptional cases
- 23Section 20 not to apply to certain descriptions of treaties
- 24Explanatory memoranda
- 25Meaning of “treaty” and “ratification”
- Part 3: Parliamentary standards etc
- Amendments of the Parliamentary Standards Act 2009
- 26Compliance Officer
- 27Membership of Speaker's Committee
- 28Transparency etc
- 29MPs' salaries
- 30MPs' allowances scheme
- 31Allowances claims
- 32MPs' code of conduct relating to financial interests
- 33Investigations
- 34Enforcement
- 35Relationships with other bodies etc
- 36Further functions of the IPSA and Commissioner
- 37Expiry of provisions of the Parliamentary Standards Act 2009
- 38Consequential amendments
- Other provision
- 39Resettlement grants for MEPs
- 40Parliamentary and other pensions
- Part 4: Tax status of MPs and members of the House of Lords
- 41Tax status of MPs and members of the House of Lords
- 42Tax status of members of the House of Lords: transitional provision
- Part 5: Transparency of government financial reporting to Parliament
- 43Inclusion in departmental estimates of resources used by designated bodies
- 44Corresponding provision in relation to Wales
- Part 6: Public records and freedom of information
- 45Transfer of records to Public Record Office
- 46Freedom of information
- Part 7: Miscellaneous and final provisions
- 47Section 3 of the Act of Settlement
- 48Parliamentary elections: counting of votes
- 49Meaning of “Minister of the Crown”
- 50Financial provision
- 51Power to make consequential provision
- 52Extent, commencement, transitional provision and short title
- Schedule 1: The Civil Service Commission
- Part 1: The Commissioners
- Membership of the Commission
- 1Paragraph 1
- Appointment of First Civil Service Commissioner
- 2Paragraph 2
- Appointment of Civil Service Commissioners
- 3Paragraph 3
- Payment of remuneration and allowances etc
- 4Paragraph 4
- Resignation or removal from office
- 5Paragraph 5
- Compensation for loss of office of First Commissioner or Commissioner
- 6Paragraph 6
- Part 2: The Commission
- Status of the Commission and its property
- 7Paragraph 7
- Powers
- 8Paragraph 8
- Committees
- 9Paragraph 9
- Procedure and proceedings
- 10Paragraph 10
- Staff
- 11Paragraph 11
- Pensions
- 12Paragraph 12
- Arrangements for assistance
- 13Paragraph 13
- Delegation
- 14Paragraph 14
- Financial provisions
- 15Paragraph 15
- Accounts
- 16Paragraph 16
- Reports
- 17Paragraph 17
- Meaning of “financial year”
- 18Paragraph 18
- Documentary evidence
- 19Paragraph 19
- Schedule 2: Consequential amendments and transitional provision relating to Part 1
- Part 1: Consequential amendments to Acts of Parliament
- Parliamentary Commissioner Act 1967 (c. 13)
- 1Paragraph 1
- Superannuation Act 1972 (c. 11)
- 2Paragraph 2
- House of Commons Disqualification Act 1975 (c. 24)
- 3Paragraph 3
- Northern Ireland Assembly Disqualification Act 1975 (c. 25)
- 4Paragraph 4
- House of Commons (Administration) Act 1978 (c. 36)
- 5Paragraph 5
- Civil Service (Management Functions) Act 1992 (c. 61)
- 6Paragraph 6
- 7Paragraph 7
- Government of Wales Act 1998 (c. 38)
- 8Paragraph 8
- Scotland Act 1998 (c. 46)
- 9Paragraph 9
- Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2)
- 10Paragraph 10
- Regulation of Investigatory Powers Act 2000 (c. 23)
- 11Paragraph 11
- Freedom of Information Act 2000 (c. 36)
- 12Paragraph 12
- Tax Credits Act 2002 (c. 21)
- 13Paragraph 13
- Extradition Act 2003 (c. 41)
- 14Paragraph 14
- Government of Wales Act 2006 (c. 32)
- 15Paragraph 15
- Police and Justice Act 2006 (c. 48)
- 16Paragraph 16
- Parliament (Joint Departments) Act 2007 (c. 16)
- 17Paragraph 17
- Crossrail Act 2008 (c. 18)
- 18Paragraph 18
- Part 2: Consequential amendments to other legislation
- Civil Service Orders in Council
- 19Paragraph 19
- Diplomatic Service Orders in Council
- 20Paragraph 20
- Servants of the Crown (Parliamentary, European Assembly and Northern Ireland Assembly Candidature) Order 1987
- 21Paragraph 21
- Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311)
- 22Paragraph 22
- 23Paragraph 23
- Charities and Trustee Investment (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2006 (S.I. 2006/242)
- 24Paragraph 24
- Part 3: Transitional provision relating to the Civil Service Commission
- Definitions
- 25Paragraph 25
- Head of the old commission to become First Commissioner
- 26Paragraph 26
- Restriction on period of office if First Commissioner is former head of the old commission
- 27Paragraph 27
- Members of the old commission to become Commissioners
- 28Paragraph 28
- Restriction on period of office for former member of old commission
- 29Paragraph 29
- Audits of recruitment policies and practices
- 30Paragraph 30
- Requirements to publish recruitment information
- 31Paragraph 31
- Appeals by civil servants
- 32Paragraph 32
- 33Paragraph 33
- First annual report
- 34Paragraph 34
- Transfer of property, rights and liabilities
- 35Paragraph 35
- Information previously held by old commission
- 36Paragraph 36
- Preparatory work
- 37Paragraph 37
- Part 4: Other transitional provision
- Application of section 16(1) of the Interpretation Act 1978
- 38Paragraph 38
- Power to manage the civil service
- 39Paragraph 39
- 40Paragraph 40
- Selection on merit etc
- 41Paragraph 41
- 42Paragraph 42
- Special advisers
- 43Paragraph 43
- Schedule 3Parliamentary Standards Act 2009: substituted Schedule 2
- Schedule 4Parliamentary Standards Act 2009: new Schedule 4
- Schedule 5: Parliamentary standards: consequential amendments
- Part 1: Amendments of the Parliamentary Standards Act 2009
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Part 2: Amendments of other Acts
- European Parliament (Pay and Pensions) Act 1979 (c. 50)
- 8Paragraph 8
- Parliamentary and other Pensions Act 1987 (c. 45)
- 9Paragraph 9
- Ministerial and other Pensions and Salaries Act 1991 (c. 5)
- 10Paragraph 10
- Scotland Act 1998 (c. 46)
- 11Paragraph 11
- Government of Wales Act 2006 (c. 32)
- 12Paragraph 12
- Schedule 6: Parliamentary and other pensions
- Part 1: Parliamentary and other pensions
- Chapter: The Parliamentary Contributory Pension Fund etc
- Continuance of Fund
- 1Paragraph 1
- Number and composition of trustees
- 2Paragraph 2
- Member-nominated trustees
- 3Paragraph 3
- Remuneration
- 4Paragraph 4
- Resignation and removal of trustees
- 5Paragraph 5
- Proceedings
- 6Paragraph 6
- Powers of trustees
- 7Paragraph 7
- Administration scheme
- 8Paragraph 8
- Procedure for administration scheme
- 9Paragraph 9
- Exchequer contribution to Fund
- 10Paragraph 10
- Power to determine Exchequer contribution
- 11Paragraph 11
- Chapter: MPs' pension scheme
- MPs' pension scheme
- 12Paragraph 12
- Meaning of “service as a member of the House of Commons”
- 13Paragraph 13
- MPs' pension scheme: further provision
- 14Paragraph 14
- Procedure for MPs' pension scheme
- 15Paragraph 15
- Chapter: Ministers' etc pension scheme
- Ministers' etc pension scheme
- 16Paragraph 16
- Ministers' etc pension scheme: further provision
- 17Paragraph 17
- Procedure for Ministers' etc pension scheme
- 18Paragraph 18
- Chapter: Supplementary provision
- Protection of accrued rights
- 19Paragraph 19
- Meaning of “accrued right”
- 20Paragraph 20
- Power to make consequential amendments
- 21Paragraph 21
- Interpretation etc
- 22Paragraph 22
- Part 2: Provision which may be included in schemes
- Introductory
- 23Paragraph 23
- Contributions
- 24Paragraph 24
- Conditions etc
- 25Paragraph 25
- Pensions not paid out of Fund
- 26Paragraph 26
- Transfer values
- 27Paragraph 27
- Service
- 28Paragraph 28
- Repayments
- 29Paragraph 29
- Pension age
- 29AParagraph 29A
- Assignment etc
- 30Paragraph 30
- Functions
- 31Paragraph 31
- Approvals
- 32Paragraph 32
- Payments without probate
- 33Paragraph 33
- Application of other provisions
- 34Paragraph 34
- Part 3: Amendments, transitional provision etc
- Pensions (Increase) Act 1971 (c. 56)
- 35Paragraph 35
- Parliamentary and other Pensions Act 1972 (c. 48)
- 36Paragraph 36 Repealed
- 37Paragraph 37 Repealed
- European Parliament (Pay and Pensions) Act 1979 (c. 50)
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- House of Commons Members' Fund and Parliamentary Pensions Act 1981 (c. 7)
- 42Paragraph 42
- Parliamentary and other Pensions Act 1987 (c. 45)
- 43Paragraph 43
- 44Paragraph 44
- Ministerial and other Pensions and Salaries Act 1991 (c. 5)
- 45Paragraph 45
- Pensions Act 2004 (c. 35)
- 46Paragraph 46
- Parliamentary Standards Act 2009 (c. 13)
- 47Paragraph 47
- 48Paragraph 48
- Trustees of the Fund
- 49Paragraph 49
- 50Paragraph 50
- Schedule 7: Amendments of Freedom of Information Act 2000
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6 Repealed