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The Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No. 3) Order 2006

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2006, ISBN 0110745906

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 144(4) and (5)(b) and (d) of the Constitutional Reform Act 2005, for approval by resolution of each House of Parliament.

lord chancellor

transfer of functions

Made 2006

Coming into force in accordance with article 1

The Lord Chancellor makes the following Order in exercise of the powers conferred upon him by sections 19, 140(4)(b) and 143 of the Constitutional Reform Act 2005f1.

In accordance with section 144(4) and (5)(b) and (d) of that Act, a draft of this instrument was laid before and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2005 c.4. Section 140(4)(b) is cited because of the meaning ascribed to the word “enactment”.

Contents

  1. 1Citation and commencement
  2. 2Savings
  3. 3Transfer of functions
  4. 4Supplementary provisions
  5. Signature
  6. Schedule 1: Transfer of functions of the Lord Chancellor
  7. 1Civil Contingencies Act 2004
  8. 2Church Commissioners Measure 1947
  9. 3Statutory Instruments Regulations 1947
  10. Schedule 2: Supplementary provisions
  11. 1Parliamentary and other Pensions Act 1972
  12. 2Ministerial and other Salaries Act 1975
  13. 3Ministerial and other Salaries Act 1975
  14. 4Ministerial and other Salaries Act 1975
  15. 5Parliamentary and other Pensions Act 1987
  16. 6Ministerial and other Pensions and Salaries Act 1991
  17. 7Ministerial and other Pensions and Salaries Act 1991
  18. 8Ministerial and other Pensions and Salaries Act 1991
  19. Explanatory note

1Citation and commencement

This Order may be cited as the Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No. 3) Order 2006 and shall come into force—

(a)

for the purposes of article 4 and Schedule 2, on the day after the day on which the Lord Chancellor ceases to hold the office of Speaker of the House of Lords;

(b)

for all other purposes, on the day after the day on which it is made.

2Savings

Nothing in article 4 or Schedule 2 affects any salary or pension payable in respect of service by a person in the office of Lord Chancellor or Speaker of the House of Lords before 12th June 2003.

3Transfer of functions

Schedule 1 has effect with respect to the transfer of functions of the Lord Chancellor.

4Supplementary provisions

Schedule 2 has effect with respect to making provision supplementary to—

(a)

the transfers under Schedule 1 to this Order; and

(b)

section 18 of, and Schedule 6 to, the Constitutional Reform Act 2005.

Signature

, C

Dated

1Civil Contingencies Act 2004

(1)

Section 28 (parliamentary scrutiny: prorogation and adjournment) of the Civil Contingencies Act 2004f1 is amended in accordance with this paragraph.

(2)

In subsection (2), after “the Speaker” insert “of the House of Commons”.

(3)

In subsection (3), for “the Lord Chancellor” substitute “the Speaker of the House of Lords”.

(4)

In subsection (4)—

(a)

for “the Lord Chancellor or the Speaker” in both places substitute “the Speaker of the House of Commons or the Speaker of the House of Lords”;

(b)

for “the House of Lords or of the House of Commons” substitute “the House of Commons or of the House of Lords”.

2Church Commissioners Measure 1947

In paragraph 1(a) of Schedule 1 (constitution of the Commissioners) to the Church Commissioners Measure 1947f1—

(a)

omit “the Lord Chancellor;”

(b)

after the entry relating to the Speaker of the House of Commons insert—

“the Speaker of the House of Lords;”.

3Statutory Instruments Regulations 1947

(1)

Regulation 11 (constitution and powers of the Reference Committee) of the Statutory Instruments Regulations 1947f1 is amended in accordance with this paragraph.

(2)

In paragraph (1), for “the Lord Chancellor and the Speaker of the House of Commons” substitute “the Speaker of the House of Commons and the Speaker of the House of Lords”.

(3)

In paragraph (2), for “the Lord Chancellor and the Speaker” substitute “the Speaker of the House of Commons and the Speaker of the House of Lords”.

1Parliamentary and other Pensions Act 1972

(1)

Subsection (1) of section 28 (pension of the Lord Chancellor) of the Parliamentary and other Pensions Act 1972f1 is amended in accordance with this paragraph.

(2)

For the words from “the aggregate of” to the end substitute “one-half of the annual amount of the salary which, at the time when he ceases to hold that office, is payable to a holder of that office who is not also Speaker of the House of Lords.”.

2Ministerial and other Salaries Act 1975

The Ministerial and other Salaries Act 1975f1 is amended as follows.

3Ministerial and other Salaries Act 1975

(1)

Section 1 (salaries) is amended in accordance with this paragraph.

(2)

In subsection (2), for “together with the salary payable to him as Speaker of the House of Lords” substitute “together with any salary payable to him as Speaker of the House of Lords”.

(3)

After subsection (3) insert—

“(3A)

There shall be paid to the Speaker of the House of Lords a salary (which shall be paid out of money provided by Parliament) of £103,701 a year.”.

4Ministerial and other Salaries Act 1975

In subsection (1) of section 1A (alteration of salaries), for “section 1(1) or (3)” substitute “section 1(1), (3) or (3A)”.

5Parliamentary and other Pensions Act 1987

(1)

Subsection (2) of section 2 (power to provide for pensions) of the Parliamentary and other Pensions Act 1987f1 is amended in accordance with this paragraph.

(2)

At the end of paragraph (c) omit “or”.

(3)

After paragraph (c) insert—

“(ca)

the Speaker of the House of Lords; or”.

6Ministerial and other Pensions and Salaries Act 1991

The Ministerial and other Pensions and Salaries Act 1991f1 is amended as follows.

7Ministerial and other Pensions and Salaries Act 1991

After subsection (6)(b) of section 4 (grants to persons ceasing to hold ministerial and other offices) insert—

“(ba)

the office of Speaker of the House of Lords;”.

8Ministerial and other Pensions and Salaries Act 1991

In subsection (1) of section 5 (allowance for ministerial and other office-holders in House of Lords)—

(a)

at the end of paragraph (b) omit “and”;

(b)

after paragraph (b) insert—

“(ba)

the Speaker of the House of Lords; and”.

Explanatory note

(This note is not part of the Order)

Article 3 of, and Schedule 1 to, this Order transfer certain functions of the Lord Chancellor in respect of the House of Lords to the Speaker of the House of Lords. This completes the transfer of functions with respect to those offices transferred by virtue of section 18 and Schedule 6 to the Constitutional Reform Act 2005 (c.4).

Article 4 of, and Schedule 2 to, this Order make provision supplementary to the transfers in Schedule 1 in respect of:

(i)

pay (paragraphs 2 to 4 of Schedule 2);

(ii)

pension (paragraph 5 of Schedule 2);

(iii)

grants to persons ceasing to hold office (paragraph 7 of Schedule 2); and

(iv)

allowances (paragraph 8 of Schedule 2),

for the office of Speaker of the House of Lords.

Paragraph 1 of Schedule 2 makes an amendment to the pension provision for the Lord Chancellor consequential on the provision made for the Speaker of the House of Lords.