Contents
- General
- Abolition etc of bodies
- Parliamentary approval
- The Estimates Commission and funding
- The Sponsor Body and Parliament
- The Sponsor Body and the Delivery Authority
- The works
- Schedule 1 The Parliamentary Works Sponsor Body
- Schedule 2 The Delivery Authority
- Schedule 3 The Parliamentary Works Estimates Commission
- Schedule 4 Funding: Sponsor Body's Estimates
General
12Interpretation#
(1)In this Act—• “the Corporate Officers” means the Corporate Officer of the House of Commons and the Corporate Officer of the House of Lords, acting jointly;• “the Delivery Authority” has the meaning given by section 3(3);• “the Estimates Commission” means the Parliamentary Works Estimates Commission;• “financial year”, in relation to the Sponsor Body or the Estimates Commission, means—(a) the period beginning with the date on which the Sponsor Body or the Estimates Commission (as the case may be) is established and ending with the 31 March following that date, and(b) each successive period of 12 months;• “financial year”, in relation to the Delivery Authority, means—(a) the period beginning with the date on which the Delivery Authority is formed and ending with the 31 March following that date, and(b) each successive period of 12 months;• “the House Commissions” means the House of Commons Commission and the House of Lords Commission (and see subsection (2));• “House of Lords Commission” means any committee of the House of Lords whose terms of reference include the provision of strategic and political direction for the administration of the House of Lords on behalf of the House;• “Leader of the House of Commons” means the Minister of the Crown who is for the time being designated as Leader of the House of Commons by the Prime Minister;• “Leader of the House of Lords” means the Minister of the Crown who is for the time being designated as Leader of the House of Lords by the Prime Minister;• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;• “Palace restoration works” has the meaning given by section 1(2);• “the Parliamentary building works” has the meaning given by section 1(1);• “the Sponsor Body” means the Parliamentary Works Sponsor Body (but by virtue of regulation 9(7) of the Parliamentary Works Sponsor Body (Abolition) Regulations 2022 references to the Sponsor Body in this Act are after the commencement of those Regulations to be treated as references to the Corporate Officers).
(2)References in this Act to the doing of anything by the House Commissions are to the doing of the thing by them jointly.
(3)Any question arising in relation to the definition of “House of Lords Commission” in subsection (1) is to be determined by the Speaker of the House of Lords.
13Extent#
(1)This Act extends to England and Wales, Scotland and Northern Ireland.
(2)This is subject to paragraph 28(3) of Schedule 1.
14Commencement#
(1)Section 13, this section and section 15 come into force on the day on which this Act is passed.
(2)The other provisions of this Act come into force at the end of the period of 6 months beginning with the day on which this Act is passed (subject to subsection (3)).
(3)The Leader of the House of Commons may by regulations made by statutory instrument appoint a day, falling before the end of the period mentioned in subsection (2), on which—
(a)the provisions of this Act (other than section 13, this section and section 15) are to come into force, or
(b)those provisions of this Act that are specified in the regulations are to come into force;
and different days may be appointed for different purposes.
(4)Before making regulations under subsection (3), the Leader of the House of Commons must obtain the consent of the Leader of the House of Lords.
Abolition etc of bodies
10Abolition of the Sponsor Body and the Estimates Commission#
(1)The Leader of the House of Commons may by regulations made by statutory instrument abolish—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The Leader of the House of Commons may by regulations made by statutory instrument provide for the transfer from the Corporate Officers to such person as the Leader considers appropriate of—
(a)functions under or in connection with this Act;
(b)property, rights or liabilities relating to or connected with functions under this Act.
(3)But regulations under subsection (2) may not provide for the transfer of anything to a person who has not consented to the transfer.
(4)The things that may be transferred by virtue of subsection (2) include—
(a)property, rights and liabilities that could not otherwise be transferred;
(b)property acquired, and rights and liabilities arising, after the making of the regulations.
(5)Regulations under subsection (2) may—
(a)create rights, or impose liabilities, in relation to property or rights transferred;
(b)make provision about the continuing effect of things done by the Corporate Officers in respect of anything transferred;
(c)make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the Corporate Officers in respect of anything transferred;
(d)if the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) do not apply in relation to the transfer, make provision that is the same or similar;
(e)make other consequential, supplementary, incidental or transitional provision (including consequential provision amending or repealing any provision of this Act).
(6)Regulations under subsection (1)(b) may make consequential, supplementary, incidental or transitional provision (including consequential provision amending or repealing any provision of this Act).
(7)References in this section to rights and liabilities include rights and liabilities relating to a contract of employment.
(8)Before making regulations under subsection (1) or (2), the Leader of the House of Commons—
(a)must consult the Corporate Officer of the House of Commons, the Corporate Officer of the House of Lords and the House Commissions;
(b)must obtain the consent of the Leader of the House of Lords.
(9)A statutory instrument containing regulations under subsection (1) or (2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
11Dissolution of the Delivery Authority#
The Sponsor Body may dissolve the Delivery Authority, but only—
(a)after completion of the Parliamentary building works, and
(b)with the consent of—
(i)a parent with care cares for one child only, and
(ii)that child dies,
(iii)the House Commissions.
Parliamentary approval
7Parliamentary approval for works and funding#
(1)In this section—• “Delivery Authority proposals” means proposals formulated by the Delivery Authority by virtue of section 3(4)(a);• “Parliamentary approval” means approval by a resolution of each House of Parliament (and “approval resolution” and “approved by Parliament” are to be construed accordingly);• “phase two works” means the Parliamentary building works that are proposed to be carried out during the period that—(a) begins when Parliamentary approval is obtained for the purposes of subsection (2)(a) and (b), and(b) ends with completion of the Parliamentary building works.
(2)No Palace restoration works, other than preparatory works, may be carried out before the Sponsor Body has obtained Parliamentary approval for—
(a)Delivery Authority proposals in respect of those works, and
(b)funding, up to an amount specified in the approval resolution, in respect of phase two works.
(3)In subsection (2) “preparatory works” means works in preparation for the restoration of the Palace of Westminster, including—
(a)initial design works, and
(b)other works that do not affect the continued functioning of the Palace of Westminster for the purposes of either House of Parliament.
(4)After obtaining Parliamentary approval for the purposes of subsection (2)(a) and (b), the Sponsor Body must obtain further Parliamentary approval—
(a)before proceeding with Delivery Authority proposals that the Sponsor Body considers would significantly affect the design or timing of Palace restoration works, or
(b)if the Sponsor Body considers that the amount of funding that is for the time being approved by Parliament in respect of phase two works is insufficient for the purposes of carrying out those works.
(5)When seeking Parliamentary approval for the purposes of subsection (2)(a) or (4)(a), the Sponsor Body must lay before Parliament the Delivery Authority proposals in question.
(6)When seeking Parliamentary approval for the purposes of subsection (2)(b) or (4)(b), the Sponsor Body must lay before Parliament its assessment of the amount of funding (or further funding) required in respect of phase two works.
(7)The reference in subsection (4) to further Parliamentary approval is—
(a)in a subsection (4)(a) case, a reference to Parliamentary approval for the Delivery Authority proposals, and
(b)in a subsection (4)(b) case, a reference to Parliamentary approval for further funding, up to the amount specified in the approval resolution, in respect of phase two works.
(8)For the purposes of any reference in this section to the time when Parliamentary approval is obtained for the purposes of subsection (2)(a) and (b), where one House passes an approval resolution on a different day from the other House, Parliamentary approval is to be taken to have been obtained on the second of those days.
The Estimates Commission and funding
8The Parliamentary Works Estimates Commission#
(1)A body corporate called the Parliamentary Works Estimates Commission (referred to in this Act as “the Estimates Commission”) is established for the purpose of exercising the functions conferred on it by this Act.
(2)Schedule 3 contains further provision about the Estimates Commission.
9Funding#
(1)The Corporate Officers may pay grants, or give any other form of financial assistance, to the Delivery Authority for the purpose of enabling the Delivery Authority to exercise its functions.
(2)Financial assistance under subsection (1) may be given at such times, and subject to such conditions, as the Corporate Officers consider appropriate.
(3)The Corporate Officers’ expenditure under this section is to be met out of money provided by Parliament.
(4)Schedule 4 contains provision about the preparation of estimates by the Corporate Officers for the purposes of this section (and references in that Schedule to expenditure of the Corporate Officers are to be treated as referring only to expenditure under this section).
(5)The Corporate Officers may make such arrangements as they consider appropriate to coordinate the preparation and management of estimates in accordance with Schedule 4 with the preparation and management of estimates prepared in respect of the costs of the performance of their functions (apart from the function of funding the Delivery Authority) under this Act.
The Sponsor Body and Parliament
5Consultation strategy#
(1)The Sponsor Body must prepare a strategy for consulting members of each House of Parliament for the purposes of section 2(3) (requirement to carry out consultation in relation to Palace restoration works).
(2)The Sponsor Body must publish the strategy no later than 8 weeks after the date on which this section comes into force.
(3)The Sponsor Body must keep the strategy under review and revise it if appropriate.
(4)If the Sponsor Body revises the strategy it must publish the revised strategy.
6Relationship between the Sponsor Body and Parliament#
(1)
(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The works
1“The Parliamentary building works”#
(1)In this Act “the Parliamentary building works” means—
(a)works for the restoration of the Palace of Westminster,
(b)works relating to the Parliamentary Estate, other than works within paragraph (a), that are designated for the purposes of this paragraph by the House Commissions with the agreement of the Sponsor Body and the Delivery Authority, and
(c)works in connection with the restoration of the Palace of Westminster that—
(i)relate to land that does not form part of the Parliamentary Estate on the first day on which any provision of this section comes into force,
(ii)are not within paragraph (b), and
(iii)are not designated as excluded from this paragraph by the House Commissions.
(2)References in this Act to “Palace restoration works” are to—
(a)works within subsection (1)(a), and
(b)works within subsection (1)(c).
(3)If either House of Parliament is located somewhere other than the Palace of Westminster while the Parliamentary building works are carried out, the functions under this Act in relation to the works must be exercised with a view to facilitating the return of that House to the Palace of Westminster as soon as is reasonably practicable.
Schedule 1 · The Parliamentary Works Sponsor Body
Part 1 · Members of the Sponsor Body
Membership
(1)
(1)
(a)
(b)
(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.
(2)
(a)
(b)
(3)
(4)
External members: appointment
(2)
(1)
(2)
(3)
(a)
(b)
(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.
(d)
(4)
(3)
(1)
(2)
(3)
(a)
(b)
(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.
(d)
(4)
(a)
(b)
(5)Any document made, served or issued on or after the commencement date which contains a reference to any of the revoked instruments shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of these regulations.
Parliamentary members: appointment
(4)
(1)
(a)
(b)
(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.
(d)
(2)
Terms of appointment: general
(5)
(1)
(2)
(6)
(1)
(2)
(3)
(7)
Appointment of initial external members
(8)
(1)
(2)
(3)
(a)
(b)
(4)
(5)Any document made, served or issued on or after the commencement date which contains a reference to any of the revoked instruments shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of these regulations.
(6)Where any provision of the revoked instruments (“the replacement provision”) re-enacted, with or without modification, a previous provision revoked by the revoked instruments (“the previous provision”), then, so far as is necessary to prevent the continuity of the law from being affected, any reference in these regulations to the replacement provision shall, so far as the context permits, be construed as including a reference to that previous provision.
(7)In this paragraph—• “average mortgage rate” means the effective interest rate (non-seasonally adjusted) of United Kingdom resident banks and building societies for loans to households secured on dwellings published by the Bank of England in respect of the most recent period specified for that rate at the time of publication note;• “reference day” means any day falling on or after the date on which this Schedule comes into operation.
Remuneration for external members
(9)
Code of conduct
(10)
(1)
(2)
(a)
(b)
(3)
Resignation, suspension and removal
(11)
(1)
(a)
(b)
(2)
(3)
(a)
(b)
(4)
(5)Any document made, served or issued on or after the commencement date which contains a reference to any of the revoked instruments shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of these regulations.
(6)Where any provision of the revoked instruments (“the replacement provision”) re-enacted, with or without modification, a previous provision revoked by the revoked instruments (“the previous provision”), then, so far as is necessary to prevent the continuity of the law from being affected, any reference in these regulations to the replacement provision shall, so far as the context permits, be construed as including a reference to that previous provision.
(a)
(b)
(7)The employing authority may issue a certificate without an application from the member, but need not issue a certificate if he does not apply for one within 12 months after the date of reduction.
(a)
(b)
(12)
(1)
(a)
(b)
(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.
(i)in the definition of “admitted employee” for “Regulation B5(2)” substitute “regulation B6(15)”; and
(ii)in the definition of “the principal Regulations” for “the Local Government (Superannuation) Regulations (Northern Ireland) 1992” substitute “the Local Government Pension Scheme Regulations (Northern Ireland) 2000”.
(d)
(e)that his membership ceased by reason of the member opting out of the Scheme as a result of a contravention which is actionable under section 62 of the Financial Services Act 1986.
(2)
(a)
(b)
(3)
(a)
(b)
(4)
(a)
(b)
(i)in the definition of “admitted employee” for “Regulation B5(2)” substitute “regulation B6(15)”; and
(ii)in the definition of “the principal Regulations” for “the Local Government (Superannuation) Regulations (Northern Ireland) 1992” substitute “the Local Government Pension Scheme Regulations (Northern Ireland) 2000”.
(5)Any document made, served or issued on or after the commencement date which contains a reference to any of the revoked instruments shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of these regulations.
(a)
(b)
(6)In this paragraph—• “the controlling body” means the body or person (other than the governing body) which has control of the use of the whole or any part of the school premises under the transfer of control agreement in question;• “transfer of control agreement” means an agreement which (subject to sub-paragraph (3)) provides for the use of so much of the school premises as may be specified in the agreement to be under the control, at such times as may be so specified, of such body or person as may be so specified.
(13)
(a)
(b)
(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.
(d)
Interim chair
(14)
(1)
(a)
(b)
(2)
(a)
(b)
(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.
(3)
Part 2 · Powers, procedure, reporting etc
(18)
(1)
(2)
Status
(15)
(1)
(a)
(b)
(2)
Powers
(16)
Staff
(17)
(1)
(2)
(3)
(4)
Transfer of property etc to the Sponsor Body
(19)
(1)
(a)
(b)
(2)
(3)
(4)
(5)Any document made, served or issued on or after the commencement date which contains a reference to any of the revoked instruments shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of these regulations.
(a)
(b)
(6)Where any provision of the revoked instruments (“the replacement provision”) re-enacted, with or without modification, a previous provision revoked by the revoked instruments (“the previous provision”), then, so far as is necessary to prevent the continuity of the law from being affected, any reference in these regulations to the replacement provision shall, so far as the context permits, be construed as including a reference to that previous provision.
(7)The employing authority may issue a certificate without an application from the member, but need not issue a certificate if he does not apply for one within 12 months after the date of reduction.
(a)
(b)
(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.
(d)
(8)
(a)
(b)
(9)
(a)
(b)
(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.
(10)Where the Department is satisfied that the same person with care does not provide the principal day to day care for all of the qualifying children with respect to whom an application would but for the provisions of this paragraph be made under sub-paragraph (9), it shall make separate maintenance assessments under the former Order or maintenance calculations under the Order, as the case may be, in relation to each person with care providing such principal day to day care.
(a)
(b)
Committees
(20)
(1)
(2)
(3)
Delegation
(21)
Delegation and contracting out of pension functions
(22)
(1)
(2)
(a)
(b)
(3)
(4)
(a)
(b)
(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.
(5)Any document made, served or issued on or after the commencement date which contains a reference to any of the revoked instruments shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of these regulations.
(a)
(b)
Procedure
(23)
(1)
(2)
(24)
(1)
(2)
(3)
(a)
(b)
Accounts and audit
(25)
(1)
(2)
(3)
(a)
(b)
(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.
(4)
(5)Any document made, served or issued on or after the commencement date which contains a reference to any of the revoked instruments shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of these regulations.
(6)Where any provision of the revoked instruments (“the replacement provision”) re-enacted, with or without modification, a previous provision revoked by the revoked instruments (“the previous provision”), then, so far as is necessary to prevent the continuity of the law from being affected, any reference in these regulations to the replacement provision shall, so far as the context permits, be construed as including a reference to that previous provision.
(a)
(b)
(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.
(d)
(7)The employing authority may issue a certificate without an application from the member, but need not issue a certificate if he does not apply for one within 12 months after the date of reduction.
(8)
(a)
(b)
(9)
(26)
(1)
(2)
Report
(27)
(1)
(2)
(a)
(b)
(3)
Documentary evidence
(28)
(1)
(a)
(b)
(2)
(a)
(b)
(3)
Freedom of information
(29)
Schedule 2 · The Delivery Authority
Board of directors
(1)
(1)The Delivery Authority is to have a board of directors consisting of—
(a)a chair appointed by the Sponsor Body,
(b)at least 4 persons appointed by the Delivery Authority as non-executive directors,
(c)up to 2 persons appointed by the Sponsor Body as non-executive directors, and
(d)at least 2 persons appointed by the Delivery Authority as executive directors.
(2)A person may be appointed as chair only with the consent of the House Commissions.
(3)A person may not be appointed as a director of the Delivery Authority if the person is—
(a)a member of either House of Parliament,
(b)a Minister of the Crown,
(c)a member of either of the House Commissions,
(d)the Corporate Officer of the House of Commons or the Corporate Officer of the House of Lords,
(da)employed (under a contract of employment) by the House of Commons Commission, by the Corporate Officer of the House of Lords or by the Corporate Officers as a member of staff of a joint department of the two Houses,
(e)a member of the Estimates Commission.
(4)But sub-paragraph (3)(a) and (da) does not apply in relation to the appointment of a person within sub-paragraph (1)(c).
(5)The number of non-executive directors appointed by the Delivery Authority must be greater than the number of executive directors.
(6)A person who is an executive director is a member of the Delivery Authority's staff.
(7)A person may be appointed as a director of the Delivery Authority only—
(a)if the Sponsor Body consents to the appointment, and
(b)in the case of a non-executive director, if the person has been selected on merit on the basis of fair and open competition.
The chair and non-executive directors: term of office
(2)
(1)The chair and the non-executive directors are to be appointed for a fixed term of not more than 3 years.
(2)The person responsible for setting fixed terms for the chair and the non-executive directors must have regard to the desirability of securing that appointments do not all expire at the same time.
(3)The reference in sub-paragraph (2) to the person responsible for setting fixed terms is a reference to—
(a)the Sponsor Body, in the case of the chair and any non-executive directors appointed by the Sponsor Body, and
(b)the Delivery Authority, in the case of non-executive directors appointed by the Delivery Authority.
(4)The previous appointment of a person as the chair or as a non-executive director does not affect the person's eligibility for re-appointment.
Removal
(3)
(1)The Sponsor Body may by notice in writing remove the chair from office.
(2)Before giving a notice under sub-paragraph (1) the Sponsor Body must obtain the consent of the House Commissions.
(3)The Delivery Authority may by notice in writing remove any other director from office.
(4)Before giving a notice under sub-paragraph (3) the Delivery Authority must obtain the consent of the Sponsor Body.
(4)
(1)A person ceases to be a director of the Delivery Authority on becoming—
(a)a member of either House of Parliament,
(b)a Minister of the Crown,
(c)a member of either of the House Commissions,
(d)the Corporate Officer of the House of Commons or the Corporate Officer of the House of Lords, or
(e)employed (under a contract of employment) by the House of Commons Commission, by the Corporate Officer of the House of Lords or by the Corporate Officers as a member of staff of a joint department of the two Houses.
(2)But sub-paragraph (1)(a) and (e) does not apply in the case of a director within paragraph 1(1)(c).
Validity of acts
(5)The validity of any act of the Delivery Authority is not affected—
(a)by a vacancy on the board of directors, or
(b)by a defect in the appointment of a person as a director of the Delivery Authority.
Staff
(6)The Delivery Authority may appoint staff on such terms and conditions (including as to remuneration and allowances) as the Delivery Authority may determine.
Statement of required resources
(7)
(1)The Delivery Authority must, before the beginning of each financial year, prepare a statement setting out the resources it requires for the year in order to exercise its functions.
(2)The Delivery Authority must send each statement to the Sponsor Body.
(3)The Sponsor Body must review each statement and may approve or reject it.
(4)If the Sponsor Body rejects a statement, sub-paragraphs (1) to (3) apply again.
(5)A statement that has been approved by the Sponsor Body is to be reflected in the estimate prepared by the Sponsor Body for the financial year to which the statement relates (see paragraphs 3, 6 and 8 of Schedule 4).
(8)
(1)The Delivery Authority may prepare a supplementary statement for a financial year setting out—
(a)any additional resources it requires for the year in order to exercise its functions, or
(b)any reduction in the resources it requires for the year for that purpose.
(2)The Delivery Authority must send a supplementary statement to the Sponsor Body.
(3)The Sponsor Body must review a supplementary statement and may approve or reject it.
(4)A supplementary statement that has been approved by the Sponsor Body is to be reflected in a supplementary estimate prepared by the Sponsor Body for the financial year to which the statement relates (see paragraphs 5, 7 and 9 of Schedule 4).
Accounts and audit
(9)
(1)The Delivery Authority must keep proper accounts and proper records in relation to them.
(2)The Delivery Authority must prepare a statement of accounts for each financial year.
(3)The Corporate Officers must, after consulting the Delivery Authority, appoint one of the Delivery Authority's executive directors to be the Delivery Authority's accounting officer.
(4)The Delivery Authority's accounting officer is to have, in relation to the Delivery Authority's accounts and finance, the responsibilities that are from time to time specified by the Corporate Officers.
(5)The reference in sub-paragraph (4) to responsibilities includes—
(a)responsibilities in relation to the signing of accounts;
(b)responsibilities for the propriety and regularity of the Delivery Authority's finances;
(c)responsibilities for the economy, efficiency and effectiveness with which the Delivery Authority's resources are used.
(6)The Delivery Authority must send a copy of the statement of accounts for a financial year to the Comptroller and Auditor General as soon as practicable after the end of that year.
(7)The Comptroller and Auditor General must—
(a)examine, certify and report on the statement of accounts, and
(b)send a copy of the certified statement and of the report to the Sponsor Body as soon as practicable.
(8)The Sponsor Body must, in respect of each financial year, lay before Parliament a copy of the certified statement and report sent under sub-paragraph (7)(b).
(9)The Delivery Authority is exempt from the requirements of Part 16 of the Companies Act 2006 (audit) and its balance sheet must contain a statement to that effect.
(10)
(1)If the executive director who is the Delivery Authority's accounting officer is unable to discharge the responsibilities of accounting officer, the Delivery Authority must nominate a member of its staff to be the accounting officer for as long as the executive director is unable to discharge those responsibilities.
(2)If there is no accounting officer, the Delivery Authority must nominate one of its executive directors to be the accounting officer until an accounting officer is appointed.
(3)A nomination under this paragraph requires the consent of the Corporate Officers.
Freedom of information
(11)In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices which are public authorities) at the appropriate place insert— “ The company formed under section 3 of the Parliamentary Buildings (Restoration and Renewal) Act 2019. ”
Schedule 3 · The Parliamentary Works Estimates Commission
Membership
(1)
(1)The Estimates Commission is to consist of—
(a)two persons appointed from amongst the members of the House of Commons (“Commons members”), and
(b)two persons appointed from amongst the members of the House of Lords (“Lords members”).
(2)A person may not be appointed as a member of the Estimates Commission if the person is—
(a)a Minister of the Crown,
(b)
(c)a director of the Delivery Authority.
(3)The appointment of a member of the Estimates Commission does not have effect unless it is confirmed by a resolution of the House of Parliament from which the person is drawn.
Removal from office
(2)
(1)A person ceases to be a member of the Estimates Commission—
(a)on becoming a Minister of the Crown,
(b)on the passing of a resolution to that effect by the relevant House,
(c)on ceasing to be a member of the relevant House (subject to sub-paragraph (4)),
(d)if the relevant House orders the suspension of the member from the service of that House for a specified period of the requisite length, or
(e)in the case of a Lords member, the member is granted leave of absence in accordance with Standing Orders of the House of Lords.
(2)For the purposes of sub-paragraph (1)(d) a specified period is “of the requisite length” if—
(a)where the period is expressed as a number of sitting days, it is a period of at least 10 sitting days, or
(b)in any other case, the period (however expressed) is a period of at least 14 days.
(3)For the purposes of sub-paragraph (1)(d) it does not matter—
(a)when the period of suspension starts, and
(b)where that period is expressed as a number of sitting days, what provision (if any) is made by the relevant House regarding what does, or does not, count as a sitting day for the purpose of calculating that period.
(4)Where a Commons member ceases to be a member of the House of Commons on the dissolution of Parliament prior to a Parliamentary general election—
(a)sub-paragraph (1)(c) does not apply, and
(b)unless the person is re-elected to the House of Commons at the election, the person ceases to be a member of the Estimates Commission—
(i)on the appointment of a new Commons member in the person's place, or
(ii)if no new Commons member is appointed, at the end of the period of 6 months beginning with the date on which the person ceases to be a member of the House of Commons.
(5)For the purposes of this Schedule (other than this paragraph), a person is to be treated as a member of the House of Commons for any period during which—
(a)the person continues to be a member of the Estimates Commission as a result of sub-paragraph (4)(a), and
(b)is not a member of the House of Commons.
(6)In this paragraph “the relevant House”, in relation to a member of the Estimates Commission, means the House of Parliament from which the member is drawn.
Procedure etc
(3)
(1)A meeting of the Estimates Commission is only quorate if at least one Commons member and one Lords member are present.
(2)Subject to that, the Estimates Commission may regulate its own procedure.
(4)The Estimates Commission may not make payments to any of its members or to any other person or otherwise incur any expenditure.
Freedom of information
(5)In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices which are public authorities) at the appropriate place insert— “ The Parliamentary Works Estimates Commission. ”
Schedule 4 · Funding: Sponsor Body's Estimates
Part 1 · Introduction
Interpretation
(1)
(1)In this Schedule—• “Parliamentary approval” means approval by a resolution of each House of Parliament;• “phase one” means the period that—(a) begins with the first day on which any provision of section 1 comes into force, and(b) ends when Parliamentary approval is obtained for the purposes of section 7(2)(a) and (b) (approval relating to works and funding);• “phase one works” means the Parliamentary building works that are not phase two works (and “phase one expenditure” means expenditure in connection with phase one works);• “phase two” means the period that—(a) begins when Parliamentary approval is obtained for the purposes of section 7(2)(a) and (b), and(b) ends with completion of the Parliamentary building works;• “phase two works” means the Parliamentary building works that are proposed to be carried out during phase two (and “phase two expenditure” means expenditure in connection with phase two works).
(2)For the purposes of the definitions of “phase one” and “phase two”, where one House passes a resolution on a different day from the other House, the reference to the day on which Parliamentary approval is given is to be read as a reference to the second of those days.
Assessment of expenditure
(2)
(1)The Delivery Authority must, at least once during each assessment period that begins during phase one, assess the total amount of phase one expenditure.
(2)That amount is to be found by adding together—
(a)the amount of phase one expenditure that has already been incurred, and
(b)the amount of further phase one expenditure that the Delivery Authority expects to be incurred.
(3)The Delivery Authority must, at least once during each assessment period that begins during phase two, assess the total amount of phase two expenditure.
(4)That amount is to be found by adding together—
(a)the amount of phase two expenditure that has already been incurred, and
(b)the amount of further phase two expenditure that the Delivery Authority expects to be incurred.
(5)In this paragraph “assessment period” means—
(a)the period of 6 months beginning with the first day on which any provision of this Schedule comes into force, and
(b)each subsequent period of 6 months.
(6)The Delivery Authority must give the Sponsor Body an assessment under this paragraph as soon as practicable after it is made.
(7)In this Schedule—
(a)“phase one cost assessment” means an assessment under sub-paragraph (1);
(b)“phase two cost assessment” means an assessment under sub-paragraph (3).
Part 2 · Phase one
Annual estimates during phase one
(3)
(1)This paragraph applies in relation to a financial year of the Sponsor Body that begins during phase one, other than—
(a)the Sponsor Body's first financial year, or
(b)a financial year to which paragraph 6 applies.
(2)The Sponsor Body must prepare an estimate of its expenditure for the financial year.
(3)The estimate must reflect the Delivery Authority's statement of resources for the year, as approved by the Sponsor Body under paragraph 7 of Schedule 2.
(4)The Sponsor Body must submit to the Estimates Commission—
(a)the estimate for the year, and
(b)the Delivery Authority's most recent phase one cost assessment.
(5)The Estimates Commission must review the estimate, and in doing so must—
(a)consult the Treasury, and
(b)have regard to any advice given by the Treasury.
(6)The Estimates Commission may make such comments on the estimate as it considers appropriate.
(7)If the phase one cost assessment exceeds the phase one expenditure limit (see paragraph 4), the Estimates Commission may—
(a)lay the estimate before the House of Commons, or
(b)reject it.
(8)Otherwise, the Estimates Commission must lay the estimate before the House of Commons.
(9)When laying the estimate before the House of Commons under sub-paragraph (7)(a) or (8), the Estimates Commission must also lay before that House—
(a)the Estimates Commission's comments on the estimate, and
(b)any comments made by the Treasury as a result of the consultation under sub-paragraph (5)(a).
(10)If the Estimates Commission rejects the estimate under sub-paragraph (7)(b), the Sponsor Body must prepare a fresh estimate for the year (and sub-paragraphs (3) to (9) apply accordingly).
(4)
(1)For the purposes of paragraph 3 the “phase one expenditure limit” means—
(a)the limit, set by the House Commissions on or before the first day on which any provision of this Schedule comes into force, for phase one expenditure, or
(b)if the House Commissions revise (or further revise) the limit for phase one expenditure, the revised limit.
(2)Before revising (or further revising) the limit for phase one expenditure, the House Commissions must consult the Sponsor Body and the Delivery Authority.
Supplementary estimates
(5)
(1)Where under paragraph 8 of Schedule 2 the Sponsor Body approves a supplementary statement of resources prepared by the Delivery Authority in respect of a financial year to which paragraph 3 applies, the Sponsor Body must prepare a supplementary estimate of its expenditure for that year.
(2)The supplementary estimate must reflect the Delivery Authority's supplementary statement of resources for the financial year.
(3)Paragraph 3(4) to (9) applies to a supplementary estimate as it applies to an estimate prepared under paragraph 3.
Part 3 · Transition year
Transition year estimate
(6)
(1)This paragraph applies in relation to a financial year of the Sponsor Body if—
(a)the financial year is one that begins during phase one, and
(b)the Sponsor Body expects during the financial year to seek Parliamentary approval for the purposes of section 7(2)(a) and (b).
(2)The Sponsor Body must prepare an estimate of—
(a)its phase one expenditure for the financial year, and
(b)its phase two expenditure for the year.
(3)The estimate must reflect the Delivery Authority's statement of resources for the year, as approved by the Sponsor Body under paragraph 7 of Schedule 2.
(4)The Sponsor Body must submit to the Estimates Commission—
(a)the estimate for the year, and
(b)the Delivery Authority's most recent phase one cost assessment.
(5)The Estimates Commission must review the estimate, and in so doing must—
(a)consult the Treasury, and
(b)have regard to any advice given by the Treasury.
(6)The Estimates Commission may make such comments on the estimate as it considers appropriate.
(7)If the phase one cost assessment exceeds the phase one expenditure limit (as defined by paragraph 4(1)), the Estimates Commission may—
(a)lay the estimate before the House of Commons, or
(b)reject it.
(8)Otherwise, the Estimates Commission must lay the estimate before the House of Commons.
(9)When laying the estimate before the House of Commons under sub-paragraph (7)(a) or (8), the Estimates Commission must also lay before that House—
(a)the Estimates Commission's comments on the estimate, and
(b)any comments made by the Treasury as a result of the consultation under sub-paragraph (5)(a).
(10)If the Estimates Commission rejects the estimate under sub-paragraph (7)(b), the Sponsor Body must prepare a fresh estimate for the year (and sub-paragraphs (3) to (9) apply accordingly).
Supplementary estimates
(7)
(1)Where under paragraph 8 of Schedule 2 the Sponsor Body approves a supplementary statement of resources prepared by the Delivery Authority in respect of a financial year to which paragraph 6 applies, the Sponsor Body must prepare a supplementary estimate of its expenditure for that year.
(2)The supplementary estimate must reflect the Delivery Authority's supplementary statement of resources for the financial year.
(3)Paragraph 6(4) to (9) applies to a supplementary estimate as it applies to an estimate prepared under paragraph 6.
Part 4 · Phase two
Annual estimates during phase two
(8)
(1)This paragraph applies in relation to a financial year of the Sponsor Body that begins during phase two.
(2)The Sponsor Body must prepare an estimate of its expenditure for the financial year.
(3)The estimate must reflect the Delivery Authority's statement of resources for the year, as approved by the Sponsor Body under paragraph 7 of Schedule 2.
(4)The Sponsor Body must submit to the Estimates Commission—
(a)the estimate for the year, and
(b)the Delivery Authority's most recent phase two cost assessment.
(5)The Estimates Commission must review the estimate, and in doing so must—
(a)consult the Treasury, and
(b)have regard to any advice given by the Treasury.
(6)The Estimates Commission may make such comments on the estimate as it considers appropriate.
(7)If the phase two cost assessment exceeds the amount of funding in respect of phase two works that is for the time being approved by Parliament for the purposes of section 7, the Estimates Commission may—
(a)lay the estimate before the House of Commons, or
(b)reject it.
(8)Otherwise, the Estimates Commission must lay the estimate before the House of Commons.
(9)When laying the estimate before the House of Commons under sub-paragraph (7)(a) or (8), the Estimates Commission must also lay before that House—
(a)the Estimates Commission's comments on the estimate, and
(b)any comments made by the Treasury as a result of the consultation under sub-paragraph (5)(a).
(10)If the Estimates Commission rejects the estimate under sub-paragraph (7)(b), the Sponsor Body must prepare a fresh estimate for the year (and sub-paragraphs (3) to (9) apply accordingly).
Supplementary estimates
(9)
(1)Where under paragraph 8 of Schedule 2 the Sponsor Body approves a supplementary statement of resources prepared by the Delivery Authority in respect of a financial year to which paragraph 8 applies, the Sponsor Body must prepare a supplementary estimate of its expenditure for that year.
(2)The supplementary estimate must reflect the Delivery Authority's supplementary statement of resources for the financial year.
(3)Paragraph 8(4) to (9) applies to a supplementary estimate as it applies to an estimate prepared under paragraph 8.
Contains public sector information licensed under the Open Government Licence v3.0.