Constitutional Reform and Governance Act 2010
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| Long title | An Act to make provision relating to the civil service of the State; to make provision in relation to section 3 of the Act of Settlement; to make provision relating to the ratification of treaties; to make provision relating to the counting of votes in parliamentary elections; to amend the Parliamentary Standards Act 2009 and the European Parliament (Pay and Pensions) Act 1979 and to make provision relating to pensions for members of the House of Commons, Ministers and other office holders; to make provision for treating members of the House of Commons and members of the House of Lords as resident, ordinarily resident and domiciled in the United Kingdom for taxation purposes; to amend the Government Resources and Accounts Act 2000 and to make corresponding provision in relation to Wales; to amend the Public Records Act 1958 and the Freedom of Information Act 2000. |
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| Citation | 2010 c. 25 |
| Territorial extent | United Kingdom |
| Dates | |
| Royal assent | 8 April 2010 |
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Status: Current legislation
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| Text of statute as originally enacted | |
The Constitutional Reform and Governance Act 2010 is an Act of the Parliament of the United Kingdom which affected the civil service and the ratification of treaties, and made other significant changes. It extends to all parts of the United Kingdom.
The Act was passed on 8 April 2010, in the last days of Gordon Brown's premiership, and before the change of government that resulted from the general election on 6 May. Part 4 (tax status of MPs and members of the House of Lords) came into force immediately on the passing of the Act. Some of the Act's provisions were brought into force in April or May 2010 by a commencement order made on 15 April 2010 by Bridget Prentice, Parliamentary Under-Secretary of State (Ministry of Justice). Ministers of the incoming government made commencement orders for the Act's transitional and other provisions. Francis Maude, Minister for the Cabinet Office made the commencement order for Parts 1 (the civil service), 2 (ratification of treaties) and 5 (transparency of government financial reporting to Parliament) to come into force on 11 November 2010.
With regard to Parliamentary approval for the ratification of treaties, the Act gave the Ponsonby Rule a statutory footing, but did not place the declaration of war and the deployment of the British armed forces onto a similar statutory footing, as was first intended when the bill came to Parliament, leaving them instead to the royal prerogative, as before.
In divisional court proceedings in the High Court of England and Wales, concerning the use of the royal prerogative for the issue of notification in accordance with Article 50 of the Treaty on European Union (the Lisbon Treaty) (R (Miller) v Secretary of State for Exiting the European Union), the Lord Chief Justice described the statutory procedure in Part 2 of the Act as "of critical importance".
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