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House of Commons (Administration) Act 1978

Consolidated Text As Enacted Cited authorities 14 Cited in Related
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Year1978


House of Commons(Administration) Act 1978

1978 CHAPTER 36

An Act to make further provision for the administration of the House of Commons.

[20th July 1978]

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:—

S-1 The House of Commons Commission.

1 The House of Commons Commission.

(1) There shall be a body of Commissioners named the House of Commons Commission to perform the functions conferred on it by this Act.

(2) The Commission shall consist of—

(a ) Mr. Speaker,

(b ) the Leader of the House of Commons,

(c ) a member of the House of Commons nominated by the Leader of the Opposition,

(d ) three other members of the House of Commons appointed by the House of Commons, none of whom shall be a Minister of the Crown.

(3) As soon as possible after the end of the year 1978-79, and of each subsequent financial year, the Commission shall prepare and present to the House of Commons a report on the exercise of its functions in that year, and shall cause it to be printed.

(4) In this section—

‘Leader of the House of Commons’ means the Minister of the Crown for the time being nominated as such by the Prime Minister,

‘Leader of the Opposition’ means the person who is the Leader of the Opposition in the House of Commons for the purposes of section 2 of the Ministerial and other Salaries Act 1975 .

(5) Schedule 1 to this Act has effect as respects the Commission.

S-2 Functions of Commission.

2 Functions of Commission.

(1) The Commission shall appoint all staff in the House Departments, and shall determine their numbers and their remuneration and other terms and conditions of service.

(2) The Commission shall ensure that the complementing, grading and pay of staff in the House Departments are kept broadly in line with those in the Home Civil Service, and that, so far as consistent with the requirements of the House of Commons, the other conditions of service of staff in the House Departments are also kept broadly in line with those in the Home Civil Service.

(3) The Commission shall ensure that the pensions and other similar benefits of staff in or formerly in the House Departments are kept in line with the provisions of the principal Civil Service Pension Scheme (as it applies for the time being to the Home Civil Service), but need not do so in the case of staff for whom provision for such benefits was made under another scheme before they entered service in the House Departments and continues to be so made in respect of such service.

(4) Subsection (1) above does not apply to the power to appoint, or the tenure of office of, the Clerk of the House of Commons, any Clerk Assistant, the Serjeant at Arms or Mr. Speaker's personal staff.

S-3 Financial provision.

3 Financial provision.

(1) For the year 1979-80 and each subsequent financial year the Commission shall prepare and lay before the House of Commons an estimate for that year of the expenses of the House Departments and, to such extent as the Commission may determine, of any other expenses incurred for the service of the House of Commons.

(2) The Commission may appoint a member of the staff in the House Departments to be the officer (‘the Accounting Officer’) responsible for accounting for the sums paid out of money provided by Parliament for the service of the House of Commons.

(3) All fees and other sums payable to the House of Commons shall be paid into the Consolidated Fund.

S-4 The House Departments.

4 The House Departments.

(1) In this Act ‘House Departments’ means—

(a ) the Department of the Clerk of the House of Commons,

(b ) the Department of the Speaker,

(c ) the Department of the Serjeant at Arms,

(d ) the Department of the Library,

(e ) the Administration Department,

(f ) the Department of the Official Report of the House of Commons,

and any other House Department provided for under subsection (3) below.

(2) In this section ‘the Department of the Official Report of the House of Commons’ means that branch of the Department of the Speaker which immediately before the passing of this Act had the function of producing that report, and accordingly on that passing that branch shall become a separate department and shall cease to be part of the Department of the Speaker, without prejudice however to any power exercisable by the Commission in relation to either department under subsection (3) below.

(3) The Commission may from time to time—

(a ) increase or reduce the number of House Departments,

(b ) allocate functions to any House Department,

(c ) for those purposes make such arrangements for and in connection with the creation, division, amalgamation or abolition of any House Department (including one created after the passing of this Act) as appear to the Commission expedient.

(4) The Commission may from time to time direct that all or any of the provisions of this Act relating to staff in the House Departments shall apply to any office or post which is not in a House Department but falls within subsection (5) below, and to the staff appointed, or to be appointed, to any such office or post, and may further direct that the holder of any such office or post shall be treated as having been appointed by the Commission.

(5) An office or post falls within this subsection if staff appointed to it are employed in or for the purposes of the House of Commons.

(6) Subsection (4) above does not apply to the power to appoint, or the tenure of office of, Mr. Speaker's personal staff.

S-5 Short title, etc.

5 Short title, etc.

(1) This Act may be cited as the House of Commons (Administration) Act 1978 .

(2) In this Act—

‘the Accounting Officer’ has the meaning given by section 3(2) of this Act,

‘the Commission’ means the House of Commons Commission,

‘House Departments’ has the meaning given by section 4(1) of this Act.

(3) Schedule 2 to this Act (supplementary and consequential provisions) shall have effect.

(4) The enactments in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(5) The following provisions of this Act, namely—

section 2,

paragraphs 3 to 5 of Schedule 2, and

Schedule 3,

shall not come into force until 1st January 1979.

S C H E D U L E S

SCHEDULE 1

The Commission

Incorporation

Incorporation

SCH-1.1

1. The Commission shall be a body corporate.

Members other than Mr. Speaker and the Leader of the House

Members other than Mr. Speaker and the Leader of the House

SCH-1.2

2.

(1) Subject to paragraph 3 of this Schedule, a member of the Commission, other than an ex officio member, shall vacate his office—

(a ) if he ceases to be a member of the House of Commons, or

(b ) if another person is nominated or appointed in his place.

(2) Subject to sub-paragraph (1) above, a member of the Commission, other than an ex officio member, shall hold office for the duration of the Parliament in which he is nominated or appointed, and for the further period provided by paragraph 3 of this Schedule.

(3) A member of the Commission, other than an ex officio member, may resign at any time by notice to the Commission.

(4) Past service is no bar to nomination or appointment as a member of the Commission.

(5) In this paragraph, and paragraph 3 of this Schedule, ‘ex officio member’ means Mr. Speaker and the Leader of the House of Commons.

Dissolution of Parliament

Dissolution of Parliament

SCH-1.3

3.

(1) On a dissolution of Parliament the person who is then Mr. Speaker shall continue in office as a member of the Commission until a Speaker is chosen by the new Parliament.

(2) Subject to sub-paragraph (3) below, on a...

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