Poster for Parliamentary Elections 2016
In this Act “the NCS Trust” means a body corporate called the National Citizen Service Trust which is to be established by Royal Charter with the following primary functions—
to provide or arrange for the provision of programmes for young people in England with the purpose of—
enabling participants from different backgrounds to work together in local communities to participate in projects to benefit society, and
enhancing communication, leadership and team-working skills of participants, and
to promote the programmes to—
young people in England,
parents and carers of young people in England,
schools and other educational bodies, and
local authorities and other public bodies.
For the purposes of this section—
“young people” means 16 and 17 year olds, but may also include other persons who are 15 years old or have attained the age of 18 but are under the age of 25;
young people are “in England” if they are resident in England, or receive education or training there.
Schedule 1 contains provision about schemes for the transfer of staff, property, rights and liabilities from the NCS Trust C.I.C. (a community interest company registered in England with company registration number 08235117) to the NCS Trust.
The Secretary of State may make to the NCS Trust such payments by way of grant out of money provided by Parliament as the Secretary of State considers appropriate.
Payments under subsection (1) may be made at such times, and subject to such conditions, as the Secretary of State considers appropriate.
The NCS Trust must prepare accounts for each financial year.
The accounts must be prepared in accordance with any directions given to the NCS Trust by the Secretary of State as to the form of those accounts.
As soon as reasonably practicable after the end of the financial year, the NCS Trust must send the accounts to the Comptroller and Auditor General.
The Comptroller and Auditor General must—
examine and certify the accounts of the NCS Trust for the financial year,
report on the accounts, and
lay the certified accounts and report before Parliament.
For each financial year, the NCS Trust must publish a business plan which sets out, in relation to the exercise of the functions of the NCS Trust—
the proposed strategic priorities of the NCS Trust for that year, and
the proposed main activities of the NCS Trust for that year.
The business plan must be published before 1 June in the financial year concerned.
The Secretary of State must lay a copy of the published business plan before each House of Parliament.
As soon as reasonably practicable after the end of each financial year, the NCS Trust must give the Secretary of State a report on the performance of its functions during that year.
In particular the report must address—
the extent to which the proposed strategic priorities of the NCS Trust for that year have been met,
the extent to which the proposed main activities of the NCS Trust for that year have been carried out,
the quality of the programmes provided or arranged by the NCS Trust,
the number of participants in those programmes for that year,
the number of those participants who have a disability within the meaning of section 6 of the Equality Act 2010,
the extent to which participants from different backgrounds have worked together in those programmes,
the number of hours spent volunteering in community projects through participation in those programmes, and
the extent to which the NCS Trust has obtained value for money in the exercise of its functions.
The Secretary of State must lay a copy of any report given under subsection (1) before each House of Parliament.
The copy of the report laid before each House of Parliament may be accompanied by a document prepared by the Secretary of State which contains one or both of the following—
comments which the Secretary of State may have on the report;
information about activities undertaken by government departments to promote the NCS Trust and its work.
The NCS Trust must give the Secretary of State such returns, accounts and other information relating to its property and activities as the Secretary of State requires.
In this section, an “NCS Trust provider” means—
a body with which the NCS Trust has entered into a contract to provide goods or services in pursuance of the functions described in section 1, or
a body which has entered into a contract with a body described in paragraph (a) to provide those goods or services.
Subsection (3) applies where—
an NCS Trust provider is—
in serious financial difficulty, or
in breach of contract with serious consequences for the NCS Trust, or
a member of staff of the NCS Trust or of an NCS Trust provider—
commits fraud,
is in breach of the member's contract of employment with serious consequences for the NCS Trust, or
is the subject of a police investigation into an allegation of criminal conduct which could have serious consequences for the NCS Trust.
The NCS Trust must promptly notify the Secretary of State of the matter.
The NCS Trust may charge a fee for participation in a programme provided by the NCS Trust or on its behalf.
The NCS Trust may charge different fees for different descriptions of participants, for the purpose of enabling participants from different backgrounds to participate in such a programme.
For the purposes of assisting the NCS Trust to promote its programmes, the Commissioners for Her Majesty's Revenue and Customs may carry out functions in connection with sending NCS information to young people and their parents and carers.
In this section “NCS information” means communications for the purposes of—
informing young people and their parents and carers about the NCS Trust and its work, and
inviting young people to take part in programmes provided by the NCS Trust.
The content of NCS information must be determined by the NCS Trust.
In this section “young people” means 15, 16 and 17 year olds.
In this Act—
“financial year” means—
the period beginning with the day on which the NCS Trust is established and ending with the following 31 March, and
A staff transfer scheme or a property transfer scheme may—
include supplementary, incidental, transitional and consequential provision, and
provide for the scheme to be modified by agreement after it comes into effect.
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities to which the Act applies), insert at the appropriate place— “ The National Citizen Service Trust. ”
each successive period of 12 months;
Schedule 2 contains consequential amendments relating to the NCS Trust.
In relation to the first financial year of the NCS Trust, section 5(2) has effect as if for “before 1 June in” there were substituted “ during the first two months of ”.
The Secretary of State may by regulations made by statutory instrument make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.
Regulations under this section may make different provision for different purposes.
This Act extends to England and Wales only, subject to subsection (2).
An amendment made by this Act has the same extent as the provision to which it relates (and this Part extends accordingly).
Sections 1, 10 and 12 to 15 come into force on the day on which this Act is passed.
The other provisions of this Act come into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.
Different days may be appointed for different purposes.
This Act may be cited as the National Citizen Service Act 2017.
Section 2
“financial year” means—
The Secretary of State may make a scheme (a “staff transfer scheme”) providing for the transfer of designated members of staff of the NCS Trust C.I.C (a community interest company registered in England with company registration number 08235117) (“the company”) to the National Citizen Service Trust (to be established by Royal Charter) (“the Charter body”). A staff transfer scheme may provide— A staff transfer scheme may provide for a period before a person became a member of staff of the Charter body to count as a period during which he or she was a member of staff of the Charter body (and for the operation of the scheme not to be treated as having interrupted the continuity of that period). A staff transfer scheme may provide for a person who would be treated (by an Act or otherwise) as being dismissed by the operation of the scheme not to be so treated. A staff transfer scheme may provide for a person who is a member of staff of the company not to become a member of staff of the Charter body if the person gives notice objecting to the operation of the scheme in relation to him or her.
Before making a staff transfer scheme or a property transfer scheme, the Secretary of State must be satisfied that the following persons have been consulted (whether by the Secretary of State or another person)— The Secretary of State must have regard to the results of the consultation in determining whether to make the scheme. For the purposes of this paragraph it does not matter whether consultation takes place before or after the passing of this Act.
In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the Table at the end of paragraph 3, insert at the appropriate place— “ The National Citizen Service Trust. ”
each successive period of 12 months;
the period beginning with the day on which the NCS Trust is established and ending with the following 31 March, and
The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer to the Charter body of designated properties, rights or liabilities of the company. A property transfer scheme may— The things that may be transferred by a property transfer scheme include—
property, rights and liabilities that could not otherwise be transferred, and
property acquired, and rights and liabilities arising, after the making of the scheme.
A transfer by virtue of a staff transfer scheme or a property transfer scheme does not affect the validity of anything done by or in relation to the company before the transfer takes effect.
In this Schedule— and references to a transfer of property include references to the grant of a lease.
“designated”, in relation to a staff transfer scheme or a property transfer scheme, means specified in, or determined in accordance with, the scheme;
“designated”, in relation to a staff transfer scheme or a property transfer scheme, means specified in, or determined in accordance with, the scheme;
“property” includes interests of any description;
“property” includes interests of any description;
Section 11
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices), insert at the appropriate place— “ Chair of the National Citizen Service Trust, a body established by Royal Charter. ”
In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities: general), under the heading “Other educational bodies” insert at the appropriate place— “ The National Citizen Service Trust. ”