| Jurisdiction | UK Non-devolved |
An Act to make provision with respect to the departments and salaries of certain Ministers; to amend the provisions of the House of Commons Disqualification Act 1957 relating to Ministerial offices; to extend existing powers to transfer functions of Ministers; and for purposes connected with the matters aforesaid.
[23rd December 1964]
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:—
1 Administrative provisions relating to new Ministries.
1. The provisions of Schedule 1 to this Act shall apply to the Minister of Land and Natural Resources, the Minister of Overseas Development and the Minister of Technology; and references in that Schedule to the Minister and the Ministry shall be construed accordingly.
2 Provision for salaries of certain Ministers.
(1) There shall be paid under and subject to the provisions of the Ministers of the Crown Act 1937—
(a ) to any Minister to whom Schedule 1 to this Act applies, an annual salary of five thousand pounds;
(b ) to the Chief Secretary to the Treasury and to any Minister of State, an annual salary of such amount as the First Lord of the Treasury may determine, not exceeding in any case five thousand pounds;
(c ) to any Parliamentary Under-Secretary of State to the Department of Economic Affairs or to the Welsh Office, and to any Parliamentary Secretary to the Ministry of a Minister to whom Schedule 1 to this Act applies, an annual salary of two thousand five hundred pounds;
(d ) to any Assistant Government Whip in the House of Commons an annual salary of two thousand pounds.
(2) So much of section 1(2)(a ) of the Ministers of the Crown Act 1937(b ) of that Act (salary of the Secretary for Overseas Trade) shall cease to have effect.
(3) The number of persons to whom salaries may be paid at any time as the holders of Ministerial offices mentioned in this subsection shall be as follows, that is to say—
(a ) in the case of Secretaries of State, not more than nine;
(b ) in the case of Ministers of State, not more than nineteen;
(c ) in the case of Treasury Secretaries, not more than two;
(d ) in the case of Parliamentary Secretaries other than Treasury secretaries, not more than thirty-six;
(e ) in the case of Assistant Government Whips, not more than six.
(4) In this section ‘Minister of State’ has the same meaning as in the House of Commons Disqualification Act 1957 ; ‘Treasury Secretaries’ means the Parliamentary Secretary and the Financial Secretary to the Treasury; and ‘Parliamentary Secretary’ includes any Parliamentary Under-Secretary of State and the Assistant Postmaster General.
3 Numbers of holders of Ministerial offices in House of Commons.
(1) There shall be included among the offices specified in Schedule 2 to the House of Commons Disqualification Act 1957 (Ministerial offices subject to the limits of numbers prescribed by section 2 of that Act) each office not already described therein in respect of which salary is payable by virtue of section 2 of this Act.
(2) So much of section 2 of the said Act of 1957 as prescribes a limit of twenty-seven upon the number of holders of Ministerial offices specified in Part I of the said Schedule 2 who may sit and vote in the House of Commons at any one time shall cease to have effect; and the limit of seventy prescribed by that section upon the number of holders of all Ministerial offices specified in that Schedule who may so sit and vote shall be raised to ninety-one.
4 Transfer of functions of Ministers.
4. The powers exercisable by Order in Council under section 1 of the Ministers of the Crown (Transfer of Functions) Act 1946(transfer of functions from one Minister of the Crown to another) shall include power to direct that functions of any Minister of the Crown within the meaning of that Act shall be exercisable concurrently with another such Minister, or shall cease to be so exercisable; and references in that Act to the transfer of functions or to functions transferred shall be construed accordingly.
5 Consequential amendments and repeals.
(1) Section 2 of the House of Commons Disqualification Act 1957 , and Schedule 2 to that Act, shall be amended as provided by Part I of Schedule 2 to this Act, and accordingly shall have effect as set out in Part II of that Schedule.
(2) Subsection (2) of section 5 of the House of Commons Disqualification Act 1957 (reprinting of Schedule 1 as from time to time amended) shall apply to provisions of that Act other than Schedule 1 as it applies to that Schedule.
(3) In section 13(1) of the said Act, in the definition of ‘Minister of State’, the words ‘appointed at a salary’ shall be omitted, and at the end there shall be added the words ‘or any office in respect of which a salary is payable out of moneys provided by Parliament under section 2 of the Ministerial Salaries Act 1946’.
(4) The enactments described in Schedule 3 to this Act are hereby repealed to the extent specified in column 3 of that Schedule.
6 Interpretation and short title.
(1) Any reference in this Act to any enactment is a reference thereto as amended by or under any other enactment including this Act.
(2) This Act may be cited as the Ministers of the Crown Act 1964 .
S C H E D U L E S
SCHEDULE 1
Provisions as to new Ministers and their Departments
1. The Minister shall take the oath of allegiance, and the official oath, and the Promissory Oaths Act 1868shall have effect as if the name of the Minister were included in Part I of the Schedule to that Act.
2. The Minister may appoint such secretaries, officers and servants as he may with the consent of...
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