Moved by
Baroness Neville-Rolfe
3: Schedule 1, page 51, line 26, at end insert—
“Commissioner and Deputy Commissioners not civil servants
Service as the Commissioner or a Deputy Commissioner is not service in the civil service of the state.”
4: Schedule 1, page 51, line 28, leave out paragraph 6
5: Schedule 1, page 52, line 9, leave out “staff provided under paragraph 6” and insert “the Commissioner’s staff appointed under paragraph 11A, or seconded under paragraph 11B,”
6: Schedule 1, page 52, line 31, leave out paragraphs 10 and 11
7: Schedule 1, page 52, line 33, at end insert—
“Staff
11A (1) The Commissioner may appoint staff.
(2) Staff are to be appointed on terms and conditions determined by the Commissioner.
(3) The terms and conditions on which a member of staff is appointed may provide for the Commissioner to pay to or in respect of the member of staff—
(a) remuneration;
(b) allowances;
(c) sums by way of or in respect of pensions.
(4) Service as a member of the Commissioner’s staff appointed under sub-paragraph (1) is not service in the civil service of the state.
11B (1) The Commissioner may make arrangements for persons to be seconded to the Commissioner to serve as members of the Commissioner’s staff.
(2) The arrangements may include provision for payments by the Commissioner to the person with whom the arrangements are made or directly to seconded staff (or both).
(3) A period of secondment to the Commissioner does not affect the continuity of a person’s employment with the employer from whose service he or she is seconded (and, in particular, nothing in paragraph 11A(4) affects such a person’s continuity of service in the civil service of the state).
11C Before appointing staff under paragraph 11A or making arrangements under paragraph 11B(1), the Commissioner must obtain the approval of the Secretary of State as to the Commissioner’s policies on—
(a) the number of staff to be appointed or seconded;
(b) payments to be made to or in respect of staff;
(c) the terms and conditions on which staff are to be appointed or seconded.
Financial and other assistance from the Secretary of State
11D (1) The Secretary of State may make payments and provide other financial assistance to the Commissioner.
(2) The Secretary of State may—
(a) provide staff in accordance with arrangements made by the Secretary of State and the Commissioner under paragraph 11B;
(b) provide premises, facilities or other assistance to the Commissioner.
Application of seal and proof of documents
11E (1) The application of the Commissioner’s seal must be authenticated by the signature of—
(a) the Commissioner, or
(b) a person who has been authorised by the Commissioner for that purpose (whether generally or specially).
(2) A document purporting to be duly executed under the seal—
(a) is to be received in evidence, and
(b) is to be treated as duly executed unless the contrary is shown.”