This section is an overview of the main provisions of the Act.
Explanatory notes to the Bill, prepared by Lord Bird, have been ordered to be published as HL Bill 6—EN.
A
bill
to
Make provision for a public consultation to inform a set of national wellbeing goals; to require public bodies to act in pursuit of the United Kingdom’s environmental, social, economic and cultural wellbeing by meeting wellbeing objectives, publishing future generations impact assessments and accounting for preventative spending; to establish a futures and forecasting report; to establish a Commission for Future Generations for the United Kingdom; to extend the duty of the Office of Budget Responsibility to consider wellbeing and the future generations principle in their work; to add onto a Minister in each government department's portfolio a duty to promote the future generations principle across government policy; to establish a Joint Parliamentary Committee on Future Generations; and for connected purposes.
B e 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:—
This section is an overview of the main provisions of the Act.
Part 2 of this Act—
explains what is meant by “sustainable development” and requires
public bodies to carry out sustainable development;
explains what is meant by “the future generations principle”;
establishes a public consultation exercise to set national
wellbeing
goals;
requires public bodies to set wellbeing objectives that are to
contribute
to the achievement of wellbeing goals and to take
steps to meet those
objectives;
explains what the wellbeing goals are, and the things public
bodies
must take account of in fulfilling the wellbeing
duty;
requires the bodies to report annually on their progress towards
meeting their wellbeing objectives;
requires the bodies to publish future generations impact
assessments
when publishing a proposed policy change.
Part 3 of this Act—
requires a futures and forecasting report on the wellbeing of the
United
Kingdom’s population, to be published by the Secretary of
State;
requires public bodies to report on and justify their
preventative
expenditure.
Part 4 of this Act—
requires the Comptroller and Auditor General to carry out
examinations into the extent to which public bodies set
wellbeing
objectives and take steps to meet them in accordance
with the future
generations principle;
extends the remit of the Office for Budget Responsibility;
establishes the Joint Committee on Future Generations including
its
membership, functions and reporting.
Part 5 of this Act—
establishes the office of Future Generations Commission for the
United
Kingdom;
provides for the Commission to promote the needs of future
generations by monitoring and reporting on the extent to which
public
bodies are setting and seeking to meet their wellbeing
objectives in
accordance with the future generations
principle;
provides for the Commission to carry out reviews of public bodies;
establishes an advisory citizens panel for the Commission;
establishes a duty for a current Minister in each government
department to ensure wellbeing and the national indicators are
key
considerations within government policy.
Part 6
of
this Act sets out the final provisions of the Act, including
provision
on regulations and on commencement, extent and short
title.
In this Act, “sustainable development” means the process of improving
the
economic, social, environmental and cultural wellbeing of the
United Kingdom
by taking action, in accordance with the future
generations principle, aimed
at achieving the wellbeing goals set
under
section
5
.
In this Act, any reference to a public body doing something “in
accordance
with the future generations principle” is a reference to
the body acting in a
manner which seeks to ensure that the needs of
the present are met without
compromising the ability of future
generations to meet their own needs.
For the purposes of this Act, a “public body” means—
any body or person that carries out functions of public
administration,
or
any body or person that is under the control of a body or
person that
has public responsibilities, exercises functions
of a public nature, or
provides public services, but only in
respect of the exercise of functions
that do not fall within
the devolved powers of the Scottish
Government, the Welsh
Ministers or the Northern Ireland Executive.
A public body does not include either House of Parliament, or a
person
exercising functions in connection with proceedings in
Parliament.
The Secretary of State may by regulations amend subsection (1) by—
adding a person,
removing a person, or
amending the description of a person.
Before making regulations that amend
subsection (1)
, the Secretary of State
must
consult—
the Commission;
such other persons as the Secretary of State considers appropriate.
In relation to a particular act, or any failure to act, a person
is not a public
body by virtue only of
subsection (1)
if the nature of the act is
private.
The Secretary of State must provide for a public consultation (to
be called a
“national conversation”) on a series of wellbeing
goals for the United Kingdom,
which includes persons the
Secretary of State deems to be appropriate.
The national conversation must engage communities across the
population,
with particular focus on young people and children
from different social
backgrounds.
The public consultation must be concluded within nine months of
this Act
coming into force.
The Secretary of State must appoint a coordinating body to
organise the public
consultation.
The members of the public consultation coordinating body are to
be such
persons as the Secretary of State, in consultation with
the Scottish Government,
Welsh Ministers and Northern Ireland
Executive, may appoint.
The public consultation coordinating body must produce a report
setting out
the wellbeing goals recommended through the public
consultation within
one month of its conclusion.
The Secretary of State must lay before both Houses of Parliament
the report
on the wellbeing goals recommended through the
public consultation, within
two months of the public
consultation’s conclusion.
The Secretary of State must by regulations provide for setting
the wellbeing
goals.
The Secretary of State must review the wellbeing goals every five
years
through a public consultation.
The Future Generations Commission must review the results of each
consultation carried out under subsection (9) and make
recommendations to
the Secretary of State on any proposed
changes to the wellbeing goals.
Each public body must carry out sustainable development.
The action a public body takes in carrying out sustainable
development must
include—
setting and publishing objectives (“wellbeing objectives”)
that are
designed to maximise its contribution to achieving
each of the
wellbeing goals, and
meeting, in the exercise of its functions, its wellbeing objectives.
Proceedings and judicial remedies concerning a public body’s
failure to fulfil
its duties are set out in
sections
32
and
33
.
In fulfilling its duties under
subsection (2)
, public bodies must have regard
to any
relevant future generations impact assessments under
section
11
.
A public body that exercises functions in relation to the United
Kingdom may
set objectives relating to the United Kingdom.
A public body that exercises functions in relation only to a part
of the United
Kingdom may set objectives relating to that part
or any part of it.
In fulfilling its wellbeing duty under
section
6
(2)
, a public body must take
account of the
following—
the importance of balancing short-term needs with the need to
safeguard the ability to meet long-term needs, especially where
things
done to meet short- term needs may have detrimental
long-term effect;
how deploying resources to prevent problems occurring or getting
worse may contribute to meeting the body’s wellbeing objectives,
or
another body’s objectives;
the importance of deploying resources to undertake long-term planning;
the need to forecast and manage emerging risks that may undermine
the body’s wellbeing objectives, or another body’s
objectives;
the need to take an integrated approach, by considering how—
the body’s wellbeing objectives may impact upon each of the
wellbeing goals;
the body’s wellbeing objectives impact upon each other or
upon other public bodies’ objectives, and in particular
where
steps taken by the body may contribute to meeting one
objective
but may be detrimental to meeting another;
the importance of involving other persons or bodies with an
interest
in achieving the wellbeing goals and of ensuring those
persons reflect
the diversity of the population of—
the United Kingdom (where the body exercises functions in
relation to the whole of the United Kingdom), or
the part of the United Kingdom in relation to which the body
exercises functions;
how acting in collaboration with any other public body (or how
different parts of the body acting together) could assist the
body to
meet its wellbeing objectives, or assist another body to
meet its
objectives.
When publishing its wellbeing objectives (including wellbeing
objectives
revised under
section
9
or
10
) a
public body must also publish a statement—
explaining why the body considers that meeting the objectives
will
contribute to the achievement of the wellbeing goals;
explaining how its wellbeing objectives have regard to the
futures and
forecasting report under
section
16
of this Act;
explaining why the public body considers it has set wellbeing
objectives
in accordance with the future generations principle,
including how
the body proposes to involve other persons with an
interest in
achieving the wellbeing goals and ensure that those
persons reflect
the diversity of the population of—
the United Kingdom (where the body exercises functions in
relation to the whole of the United Kingdom), or
the part of the United Kingdom in which the body exercises
functions;
setting out the steps the public body proposes to take to meet
those
objectives in accordance with the principle (including how
it proposes
to govern itself, how it will keep the steps under
review and how it
proposes to ensure that resources are
allocated annually for the purpose
of taking such steps);
specifying the periods of time within which the body expects to
meet
the objectives;
providing such other information as the body considers
appropriate
about meeting the objectives.
Each government department must set and publish its wellbeing objectives—
no later than six months after the earlier of—
the date on which the first United Kingdom general
election
is held following the commencement of this
section, or
the first date on which a new Prime Minister is appointed
by
the Crown following the commencement of this section,
and
no later than six months after the date of each subsequent—
United Kingdom general election, or
appointment of a Prime Minister.
Each government department must set its wellbeing objectives for the period—
beginning with the day specified for that purpose in the
statement
published under
subsection (1)
, and
ending with the day of the next United Kingdom general
election
scheduled under section 1 of the Fixed-term
Parliaments Act 2011.
Each government department must review its wellbeing objectives—
after every futures and forecasting report (under
section 16
) is
published, and
if the wellbeing goals are amended.
If, on a review under
subsection (3)
, a government department determines
that one or more of its wellbeing objectives are no longer
appropriate, it must
revise the objective or objectives
concerned.
A government department may, at any other time, review and revise
its
wellbeing objectives.
Wellbeing objectives revised under
subsection (4)
or
(5)
must be set for the
remainder of the period
referred to in
subsection (2)
.
Where a government department revises its wellbeing objectives
under
subsection (4)
or
(5)
, it must, as soon as reasonably practicable,
publish the
wellbeing objectives as revised.
In setting or revising its wellbeing objectives, a government
department must
take into account the Commission’s report under
section
34
.
In this section references to a public body do not include
government
departments.
A public body must set and publish its wellbeing objectives—
no later than the beginning of the financial year following
the
commencement of this section, and
at such subsequent times as the body considers appropriate.
Each public body must review its wellbeing objectives—
after every futures and forecasting report (under
section 16
) is
published, and
at such subsequent times as the body considers appropriate.
If, on a review under
subsection (3)
, a public body determines that one or
more of its wellbeing objectives are no longer appropriate, it
must revise the
objective or objectives concerned.
A public body may at any other time review and revise its
wellbeing
objectives.
Where a public body revises its wellbeing objectives under
subsection (4)
or
(5)
, it must publish them as soon as is reasonably
practicable.
In setting or revising its wellbeing objectives, a public body
must take into
account the Commission’s report under
section
34
and the most recent futures
and forecasting
report.
When proposing a change in public expenditure, taxation or
policy, including,
but not limited to, legislative proposals, a
public body to which this Act
applies must—
publish an assessment (“future generations impact
assessment“) of the
likely impact of the proposal on its
wellbeing objectives, or
publish a statement setting out its reasons for concluding
that it does
not need to carry out a future generations
impact assessment.
In preparing a future generations impact assessment, a public
body must
have regard to the likely impact of proposals on all
future generations,
including at least 25 years from the date on
which the assessment is published.
A future generations impact assessment must conclude whether,
overall, the
proposed change in expenditure, taxation or policy
would impact the public
body’s wellbeing objectives.
Where a future generations impact assessment finds that an
expenditure,
taxation or policy change would have an adverse
impact on a public body’s
wellbeing objectives, the public body
concerned must publish a statement of
how it intends to mitigate
the adverse impact identified.
Publication under
subsection (1)
is not required if the change is for
the purpose
of safeguarding national security or for defence
purposes.
The Secretary of State must—
publish indicators (“national indicators”) that must be
applied for the
purpose of measuring progress towards the
achievement of the
wellbeing goals, and
lay a copy of the national indicators before both Houses of Parliament.
A national indicator—
must be expressed as a value or characteristic that can be
measured
quantitatively or qualitatively against a
particular outcome;
may be measured over such a period of time as the Secretary
of State
considers appropriate;
may be measurable in relation to the United Kingdom or any
part of
the United Kingdom.
The Secretary of State must set milestones in relation to the
national indicators
which he or she considers would assist in
measuring whether progress is
being made towards the achievement
of the wellbeing goals.
In setting a milestone, the Secretary of State must specify—
the criteria for determining whether the milestone has been
achieved
(by reference to the value or characteristic by
which the indicator is
measured), and
the time by which the milestone is to be achieved.
If the wellbeing goals are amended, the Secretary of State must
review the
national indicators and milestones.
If, on a review under
subsection (5)
, the Secretary of State determines
that
one or more of the national indicators or milestones are no
longer appropriate,
he or she must revise them.
The Secretary of State may at any other time review and revise
the national
indicators and milestones.
Where the Secretary of State revises the national indicators and
milestones
under
subsection (6)
or
(7)
, he or she must as soon as reasonably practicable
publish the indicators and milestones as revised and lay a copy
of them before
both Houses of Parliament.
Before publishing national indicators and milestones (including
indicators
and milestones revised under
subsection (6)
or
(7)
, the Secretary of State must
consult—
the Commission;
the other public bodies;
such other persons as he or she considers appropriate.
The Secretary of State must, in respect of each financial year
beginning after
the date on which national indicators are
published under
subsection (1)
, publish a report (an “annual
wellbeing report”) on the progress made towards
the achievement
of the wellbeing goals by reference to the national indicators
and milestones.
An annual wellbeing report under
subsection (10)
must specify the periods
of time to
which the measurement of each indicator relates.
Ministers of the Crown must collectively—
publish, in respect of each financial year, a report of the
progress they
have made towards meeting government
departments’ wellbeing
objectives, and
lay a copy of the report before both Houses of Parliament.
In preparing a report under
this
section
, the Ministers of the Crown must
review
government departments’ wellbeing objectives with—
the Commission,
the Future Generations Commission for Wales,
any public body or body charged with protecting the needs of
future
generations in Scotland,
any public body or body charged with protecting the needs of
future
generations in Northern Ireland,
any other Commission, public body or body deemed to be
appropriate
by Ministers of the Crown.
If, on a review under
subsection (2)
, the Ministers of the Crown determine
that one or more of their wellbeing objectives are no longer
appropriate, they
must revise the objective or objectives
concerned and publish the revised
objective or objectives as
soon as practicable.
Where the Ministers of the Crown revise one or more objectives
under
subsection (3)
, the report under
subsection (1)
must include an explanation
of the
revision and the reasons for making it.
A report under
this
section
must be published and laid before both Houses
of Parliament as soon as reasonably practicable following the
end of the
financial year to which the report relates.
Each public body other than those headed by the Ministers of the
Crown
must publish annual reports of the progress it has made in
meeting its
wellbeing objectives.
In preparing a report under
this
section
, a public body must review its
wellbeing
objectives.
If, on a review under
subsection (2)
, a public body determines that one or
more of its wellbeing objectives are no longer appropriate, it
must revise the
objective or objectives concerned and publish
the revised objective or objectives
as soon as practicable.
Where a public body revises one or more of its objectives under
subsection
(3)
, the report must include an
explanation of the revision and the reasons
for making it.
The Secretary of State must issue guidance to other public bodies
about the
exercise of functions under
this
Part
.
In exercising a function under
this
Part
, a public body must take such guidance
into
account.
The Secretary of State must, during the period of 12 months beginning
with
the date of a United Kingdom general election publish a futures
and
forecasting report that contains—
the possible long-term future trends concerning the economic,
social,
environmental and cultural wellbeing of the United
Kingdom;
plans to manage these long-term future trends concerning the
economic, social, environmental and cultural wellbeing of the
United
Kingdom;
an assessment of risks, including high-impact, low-probability
risks,
environmental risks, global risks and risks that may
emerge or grow
in the future, for at least the next 25
years;
each department’s plans to prevent, manage and prepare for the
potential consequences of the identified future risks;
details of the assessment process used to assess the future
trends and
risks.
In preparing a futures and forecasting report the Secretary of State
must take
account of—
any long-term global goals and targets set in place by the United
Nations in relation to sustainable development;
the advice and reports of—
the UK Committee on Climate Change,
the United Nations Intergovernmental Panel on Climate
Change,
and
the Intergovernmental Science-Policy Platform on Biodiversity
and Ecosystem Services,
the views of 11–25–year olds in the United Kingdom as expressed
in
a continuous engagement exercise, reported on every two years
regarding their views on economic, social, cultural and
environmental
wellbeing, conducted in cooperation with relevant
youth and student
bodies including the UK Youth Parliament, the
National Union of
Students, and any other persons or bodies the
Secretary of State deems
appropriate.
For the purposes of
subsection (2)
(c)
, the Secretary of State may by regulations
provide
for a continuous engagement exercise, reported on every 2 years,
with 11–25–year olds from across the United Kingdom.
The Secretary of State may omit from any report published in
accordance
with
subsection (1)
any material whose publication would be
against the
interests of national security.
Each public body must publish a report containing its annual draft
budget
proposal which includes—
the proportion and total amount of preventative spending,
breakdowns of spending in each category as defined in
subsection (3)
, and
the public body’s justification for the categorising of spending
in each
category in
subsection (3)
.
For the purposes of
subsection (1)
, where appropriate spending and accounting
information for the purposes of
subsection (1)
is not available, public bodies
must
include estimates for preventative spending.
Preventative spending may be categorised as follows—
Prevention: expenditure which has the purpose of creating
societal
conditions which mitigate risks to the future
generations principle;
Present and future spending: expenditure on a recognised issue
which
currently breaches the future generations principle to
prevent the issue
deteriorating and so contribute to the
alleviation of the problem for
current and future
generations;
Acute spending: expenditure with the purpose of managing the
impact
of an issue which breaches the future generations
principle, but which
is unlikely to prevent the issue
deteriorating.
Where a public body has not increased its proportion of preventative
spending
in a financial year, it must include in its next published
report under
subsection (1)
a statement which sets out why it has not
done so.
The Treasury must publish an annual report which sets out how it
intends
to promote the future generations principle, including its
justifications for the
proportion of money it has allocated towards
preventative spending.
The Comptroller and Auditor General may carry out examinations of
public
bodies for the purposes of assessing the extent to which
a body has acted in
accordance with the future generations
principle when—
setting wellbeing objectives, and
taking steps to meet those objectives.
Before the end of the period in
subsection (4)
, the Comptroller and Auditor
General
must report on the results of the examinations carried out under
subsection (1)
during that period to both Houses of
Parliament.
In carrying out an examination under
subsection (1)
, the Comptroller and
Auditor General
must—
take into account any advice or assistance given to the
public body,
or any review of and recommendations made to
the body, by the
Commission under
Part
5
, and
consult the Commission.
The period referred to in
subsection (2)
begins on the day on which this Act
comes into force and ends on the date falling five years from
when this Act
comes into force.
The Comptroller and Auditor General must subsequently report on
the results
of the examinations carried out under
this
section
every five years.
If a Comptroller and Auditor General’s examination under
this
section
relates
to the remit, function or subject
matter of a review or inquiry by any other
oversight body, the
Comptroller and Auditor General may—
inform the other oversight body about the intention to
conduct the
examination,
consult the other oversight body about the examination, and
cooperate with the oversight body in jointly preparing and
publishing
a document that is to be treated as both—
the report of the examination required by this section , and
a report of the review or inquiry referred to in this subsection .
The remit of the Office for Budget Responsibility (“the Office”)
includes future
risk accounting, particularly considering
long-term risks.
In subsection (4)(b) of section 4 of the Budget
Responsibility and National an assessment of the extent
to which the milestones
Audit Act 2011 (main duty of
Office), at end insert—
“(c)
set in relation to the
national indicators as set out
in the Wellbeing of
Future Generations Act 2021,
have been, or are
likely to be,
achieved.”
Informed by the futures and forecasting report from the Secretary
of State,
the Office must present Future Generations Risk
Assessment advisory
documentation, on an ad hoc basis, to the
Treasury regarding relevant fiscal
risks faced by future
generations.
The Office must seek to identify relevant risks to national
wellbeing objectives
associated with financial crises and
systemic failures, estimating the likelihood
of severe economic
downturn and of total economic collapse.
There is to be a Joint Committee of both Houses of Parliament
known as the
Joint Committee on Future Generations (in
this Part
referred to as “the
Committee”).
The Committee is to consist of six members of the House of Lords
and six
members of the House of Commons.
Each member of the Committee is to be appointed by resolution of
their
respective House of Parliament.
A member appointed to the Committee may serve for the duration of
that
Parliament.
The Committee’s functions are to—
examine any bill it deems appropriate introduced into either
House
of Parliament with a long-term perspective in order to
consider the
impact of the proposals on the future generations
principle and the
relevant department’s wellbeing
objectives,
propose amendments to improve the compatibility of bills they
choose
to review with the future generations principle and the
relevant
department’s wellbeing objectives,
undertake inquiries to explore specific issues that the Committee
decides are of relevance to long-term policy-making and the
interests
of future generations, and
participate in the appointment process of the Future Generations
Commission, as set out in
section
24
.
The Committee must publish—
an annual report on long-term economic, social, environmental
and
cultural trends, which may include recommendations to
Her Majesty’s
Government,
an annual report to Parliament on the discharge of its functions, and
an annual report on the progress and relevance of the
national
indicators in the annual wellbeing goals
report.
The Committee may make such other reports as it considers
appropriate
concerning any aspect of its functions.
There is to be a Future Generations Commission for the United
Kingdom
(referred to in this Act as the “Commission”).
The Commission is to be a group of individuals, appointed by the
Prime
Minister, in consultation with the First Minister of
Scotland, the First Minister
of Wales and the First Minister and
deputy First Minister of Northern Ireland.
Appointments may not be made under subsection (2) unless—
a Minister has tabled a motion recommending the appointment
of the
nominated candidates in each House of Parliament and
it has been
approved, and
each responsible parliamentary committee, including the Joint
Committee on Future Generations, and other committees with a
remit
covering the devolved nations of the United Kingdom,
has held a
pre-appointment hearing, and recommended the
appointment of the
nominated candidates.
An appointed member may resign from the panel by giving the
Secretary of
State not less than three months’ notice in writing
of the member’s intention
to do so.
The Secretary of State may, following consultation with the
Commission,
dismiss an appointed member if satisfied that the
member—
is unfit to continue as a panel member, or
is unable or unwilling to act as a member.
Schedule 1 makes further provision about the Commission.
The general duty of the Commission is—
to promote the future generations principle, in particular to—
act as a guardian of the ability of future generations to
meet
their needs,
encourage public bodies to take greater account of the
long-term
impact of the things that they do, and
engage members of the public on issues affecting the
long-term
future of the United Kingdom;
to monitor and assess the extent to which wellbeing objectives
set by
public bodies are being met.
The Commission may, in carrying out the Commission’s general duty—
provide advice or assistance to a public body;
provide advice to the Comptroller and Auditor General on the
future
generations principle;
provide advice or assistance to any other person or public
body which
the Commission considers is taking, or wishes to
take, steps that may
contribute to the achievement of the
wellbeing goals;
encourage best practice amongst public bodies in taking steps
to meet
their wellbeing objectives in accordance with the
future generations
principle;
promote awareness amongst public bodies of the need to take
steps
to meet their wellbeing objectives in accordance with
the future
generations principle;
encourage public bodies to work with each other and with
other
persons to meet their wellbeing objectives;
instigate meetings with the Joint Committee, at any
reasonable time,
to review the national indicators;
seek the advice of the advisory citizens panel (see
section 37
) in relation
to the exercise of any of
the Commission’s functions.
The Commission may undertake research or other study into—
the extent to which the wellbeing goals and national
indicators are
consistent with the future generations
principle,
the extent to which the future generations principle is taken
into
account in the national indicators,
the future generations principle itself, including how it is
applied to
setting and meeting wellbeing objectives, and
anything related to any of those things that impacts upon the
economic,
social, environmental and cultural wellbeing of
the United Kingdom.
References in
this
section
to providing assistance to a public body do
not
include providing financial assistance.
In conducting a review, the Commission must have regard to any
examination
of the body carried out by the Comptroller and
Auditor General under
section
18
.
In conducting a review, the Commission may make recommendations
to the
public body about—
the steps the body has taken or proposes to take to meet its
wellbeing
objectives;
how to set wellbeing objectives and take steps to meet them
in
accordance with the future generations principle.
The Commission may conduct a single review of two or more public bodies.
The Commission must publish a report of a review (including any
recommendations made) and send a copy of it to the Secretary of
State.
In conducting a review, the Commission may require a public body
to provide
such information as the Commission considers relevant
to the review.
A public body is not required to provide information to the
Commission if
the body is prohibited from providing it by virtue
of an enactment or any
other rule of law, or if the information
is legally privileged material.
In providing advice or assistance to a public body, the
Commission may also
make recommendations to Her Majesty’s
Government about the wellbeing
goals or the national
indicators.
The Commission must publish any recommendations made under this section .
A public body must take all reasonable steps to follow the course
of action
set out in a recommendation made to it by the
Commission under
section
27
, unless—
the public body is satisfied that there is good reason for it
not to follow
the recommendation in particular categories of
case or at all, or
it decides on an alternative course of action in respect of
the subject
matter of the recommendation.
The Secretary of State may issue guidance to public bodies about
how to
respond to a recommendation made by the Commission.
In deciding how to respond to such a recommendation, a public
body must
take such guidance into account.
A public body must publish its response to a recommendation made
by the
Commission, and if the body does not follow a
recommendation, the response
must include the body’s reasons for
that and explain what alternative course
of action, if any, it
proposes to take.
The Commission may conduct an investigation if they suspect that
the public
body concerned has failed to comply with its duties
under
section
29
.
Any person may request the Commission to initiate an
investigation if they
believe that a public body has failed to
fulfil its duties under
section
6
.
The Commission, after a period of at least six months after
issuing a
recommendation or recommendations to a public body in
accordance with
section
27
, may conduct an investigation into whether or not a
public body
has complied with its duty to follow recommendations
in accordance with
section
29
.
Before finalising a report of an investigation recording a
finding that a public
body has committed an unlawful act the
Commission must—
send a draft of the report to the public body,
specify a period of at least 28 days during which the body
may make
written representations about the draft, and
consider any representations made.
Schedule 2 makes supplemental provision about investigations.
If, following an investigation under
section
30
, the Commission concludes
that a public body has failed
to fulfil its duties under
section
6
or
section
29
, it may apply to the High Court in England and Wales,
the Court of Session
in Scotland or the High Court in Northern
Ireland, for an order requiring the
public body—
to comply with recommendations from the Commission, and
to take such other action as the court may specify.
Proceedings may be brought against a public body by a person on
the grounds
that it has acted (or proposes to act) in a way
which breaches its obligations
under
sections
6
and
29
of this Act.
A person may—
bring proceedings against a public body under this Act in the
appropriate court, or
refer the case for investigation to the Commission in
accordance with
section 30
.
In
subsection (2)
(a)
“appropriate court” means the High
Court in England
and Wales, the Court of Session in Scotland, or
the High Court in Northern
Ireland.
Proceedings under subsection (2) (a) must be brought before the end of—
the period of one year beginning with the date on which the
act
complained of took place or the proposal to act
complained of was
made; or
such longer period as the court or tribunal considers
equitable having
regard to all the circumstances, subject to
any rule imposing a stricter
time limit in relation to the
procedure in question.
In relation to any act (or proposed act) of a public body which
the court finds
is (or would be) a breach of its obligations
under
sections
6
and
29
of this
Act, it may grant such relief or remedy, or make such
order within its powers,
as it considers just and
appropriate.
A court may, having regard to guidance published by the
Commission, impose
a fine, payable to the Commission, in an
amount prescribed by regulations
made by the Secretary of
State.
The Commission must prepare and publish, before the end of each
reporting
period, a report containing the Commission’s
assessment of the improvements
public bodies should make in
order to set and meet wellbeing objectives in
accordance with
the future generations principle.
The Commission’s report must include an assessment of how public
bodies
should—
better safeguard the ability of future generations to meet
their needs,
and
take greater account of the long-term impact of the things
that they
do.
In this section and section 35 , the “reporting period” is the period—
beginning with the day after that on which a futures and
forecasting
report under
section 16
is published, and
ending on the date of publication of the next futures and
forecasting
report.
In addition to the assessment mentioned in
subsection (1)
, a report under
this
section
must also include—
a summary of the evidence gathered and activities undertaken
by the
Commission during the reporting period (see
section 35
);
a summary of the reviews conducted by the Commission during
the
reporting period (see
section 35
);
a summary of any other action taken by the Commission during
the
reporting period in the exercise of the Commission’s
functions.
A report under this section may include—
an account of any research or other study undertaken under
section
26
(2)
;
any other information the Commission considers appropriate.
The Commission must send the Secretary of State a copy of a
report published
under
this
section
.
The Secretary of State must lay a copy of the report before both
Houses of
Parliament.
The Secretary of State may by regulations amend the reporting period.
During a reporting period (but before the report under
section
34
is published)
the Commission must consult—
the advisory panel (see section 37 );
each public body;
representatives of voluntary organisations;
any person who the Commission considers is taking steps (or
wishes
to take steps) that may contribute to the achievement
of the wellbeing
goals;
representatives of persons resident in each local authority area;
representatives of persons carrying on business;
trade unions representing workers;
the Committee on Climate Change;
representatives of the UK Youth Parliament and the National
Union
of Students;
any other person or organisations the Commission considers
appropriate to ensure that economic, social, environmental
and cultural
interests are fully represented.
In preparing a report under
section
34
the Commission must (in addition to
taking into
account representations made by the persons consulted under
subsection (1)
) take into account—
each annual wellbeing goals report under
section 12
published during
the reporting
period;
the futures and forecasting report published under
section 16
on the
day before the beginning of the
reporting period;
relevant reports of the Comptroller and Auditor General.
This
section
applies if the Commission intends to conduct a
review of a public
body under
section
27
and it appears to the Commission that such a review
relates to a matter that is the same as, or substantially
similar to, the subject
matter of a review or inquiry by—
the Future Generations Commissioner for Wales;
any person or public body charged with protecting the needs
of future
generations in Scotland;
any person or public body charged with protecting the needs
of future
generations in Northern Ireland;
any other commissioner, person or public body deemed to be
appropriate by the Commission.
The Commission may—
inform the other person or public body about the intention to
conduct
the review, and
consult the other person or public body about the review.
The Commission and other person or public body may—
cooperate with each other;
jointly prepare and publish a document that is to be treated as both—
the report of the review required by section 27 , and
a report of the review or inquiry referred to in
subsection (1)
of
this section
.
There is to be a panel of residents of the United Kingdom (the
“citizens panel”)
for the purpose of providing advice to the
Commission on the exercise of the
Commission’s functions.
The citizens panel must consist of at least 50 persons.
The Secretary of State must provide by regulations for a
“citizens panel
coordinating body” which must—
select the members of the citizens panel, ensuring that the
membership
of the citizens panel reflects the composition of
the population of the
United Kingdom as reflected in data
obtained by the Office of National
Statistics;
establish an advisory board to recommend to the citizens
panel
coordinating body which persons and organisations it
deems necessary
to advise the citizens panel;
establish a rotation process for the membership so as to
replace
members of the citizens panel.
For the purpose of
subsection (3)
(c)
, one-third of members are to be
rotated
off the citizens panel every six months, with the first
rotation held one year
after the first meeting of the citizens
panel.
The citizens panel must meet on a minimum of two days every three months.
The Commission may require the citizens panel to meet more
frequently if
the Commission deems it appropriate.
The Commission must publish any recommendations made by the
citizens
panel in meetings with the Commission by methods the
Commission deems
appropriate.
The Commission must publish a response to the recommendations
within
one month of the recommendations being made.
A member may resign from the citizens panel by giving the
citizens panel
coordinating body not less than three months’
notice in writing.
The citizens panel coordinating body may, following consultation
with the
Commission, dismiss a member if satisfied that the
member—
is unfit to continue as a citizens panel member, or
is unable, or unwilling, to act as a member.
The Secretary of State must pay allowances (including travelling
and
subsistence allowances) and gratuities to the members of the
citizens panel.
The Secretary of State must pay remuneration to appointed members
of the
citizens panel coordinating body, and pay the costs
related to the functioning
of the citizens panel, out of money
provided by Parliament.
A duty to promote the Future Generations principle must be added
to an
existing Minister in each government department’s
portfolio for the purpose
of ensuring the wellbeing goals and
national indicators are being considered
across departments,
when formulating policy.
The Ministers are to be chosen by the Prime Minister, in
consultation with
the First Minister of Scotland, the First
Minister of Wales, and the First
Minister and deputy First
Minister of Northern Ireland.
The general duty of the Ministers is—
to promote the future generations principle, and in particular to—
act as a guardian of the ability of future generations to
meet
their needs,
encourage government departments to take greater account of
the long-term impact of the things that they do, and
ensure the futures and forecasting report builds on the
horizon
scanning work that the Government Office of Science
undertakes, and is incorporated into the long-term vision of
each department’s policy agendas.
to monitor and assess the extent to which wellbeing objectives
set by
Government departments are being met.
The Ministers may, in carrying out their general duty—
provide advice or assistance to a Secretary of State or another Minister;
encourage best practice amongst government officials in
taking steps
to meet their wellbeing objectives in
accordance with the future
generations principle;
encourage best practice amongst government officials in
accounting
for the futures and forecasting report in their
work;
promote awareness amongst government departments of the need
to
take steps to meet their wellbeing objectives in
accordance with the
future generations principle;
encourage government departments to work with each other and
with
other persons to meet their wellbeing objectives;
and
instigate meetings with the Joint Committee and Future
Generations
Commission, at any reasonable time, to review
the national indicators.
References in
this
section
to providing assistance do not include
providing
financial assistance.
The Secretary of State may by regulations make consequential,
incidental,
supplemental, transitional or saving provision for the
purposes of, or in
connection with, giving full effect to a
provision of this Act.
The regulations may (among other things) amend, repeal or revoke an
enactment contained in, or in an instrument made under, an Act of
Parliament.
The reference in
subsection (2)
to an enactment includes a reference to an
enactment passed or made after the passing of this Act.
The power conferred by
this
section
is not restricted by any other provision
of this
Act.
A statutory instrument containing regulations made under
this
section
is
subject to annulment in pursuance of a
resolution of either House of
Parliament.
Any power to make regulations under this Act is exercisable by
statutory
instrument.
A statutory instrument made under this Act, other than one made under
section
41
, may not be made unless a draft of the instrument has
been laid
before and approved by a resolution of both Houses of
Parliament.
“Financial year” means the period of 12 months ending with 31 March.
This Act extends to England and Wales, Scotland and Northern Ireland.
This Act comes into force at the end of the period of six months
beginning
with the day on which it is passed.
This Act may be cited as the Wellbeing of Future Generations Act 2021.
The Commission is not to be regarded as the servant or agent
of the Crown
or as enjoying any status, immunity or
privilege of the Crown.
The Commission’s property is not to be regarded as property
of, or property
held on behalf of the Crown.
Individuals appointed to the Commission hold office for a period of 7 years.
The validity of an act of an individual member of
the Commission is not
affected by a defect in the
appointment of—
that individual;
any member of the citizens panel.
The validity of an act of a person exercising functions on
behalf of
the Commission is not affected by a defect in the
appointment of—
that person;
the Commission;
any member of the citizens panel.
The Commission holds office subject to—
the provisions of this Schedule , and
such additional terms of appointment as may be specified from
time
to time by the Secretary of State.
The Secretary of State may pay remuneration to the Commission.
The Secretary of State may pay allowances (including
travelling
and subsistence allowances) and gratuities to the
Commission.
The Secretary of State may pay—
pensions to, or in respect of, individuals who have
been on
the Commission, and
amounts for or towards provision of pensions to, or in
respect of,
individuals who have been on
the Commission.
An individual cannot be appointed as part of the Commission
if the
individual is disqualified on any of the grounds
specified in
sub-paragraph
(3)
.
An individual ceases to be on the Commission if the
individual is
disqualified on any of the grounds specified
in
sub-paragraph (3)
.
An individual is disqualified from being on the Commission if
the individual
is—
a member of the citizens panel;
the holder of any other office or position to which a
person may
be appointed, or recommended or nominated for
appointment, by
or on behalf of—
the Crown,
either House of Parliament, or
Her Majesty’s Government;
a member of the House of Commons or House of Lords;
a member of Senedd Cymru;
a member of the Scottish Parliament;
a member of the Northern Ireland Assembly;
a member of a local authority in the United Kingdom;
a member of the Commission’s staff.
A member of the Commission may resign from office by giving
the Secretary
of State not less than three months’ notice
in writing of their intention to
do so.
The Secretary of State may dismiss members of the Commission
if satisfied
that they are—
unfit to continue as part of the Commission, or
unable or unwilling to exercise their functions.
The Commission may do anything the Commission
considers appropriate
in connection with the Commission’s
functions, including—
charging for the provision of advice or other services;
paying third parties for the provision of advice or other services;
accepting gifts of money or other property.
The Commission must not—
provide financial assistance to any person;
acquire or dispose of any interest in land, without the
approval of
the Secretary of State.
The Commission’s power to charge for the provision of advice
or another
service is limited to charging such amounts as
the Commission thinks
appropriate to recover the actual or
estimated costs to the Commission of
providing that advice
or service.
The Commission may appoint such staff as the Commission
considers appropriate in connection with the exercise of the
Commission’s
functions.
The Commission may pay remuneration to the members of
the Commission’s staff.
The Commission may pay allowances (including travelling
and subsistence
allowances) and gratuities to the members of
the Commission’s staff.
The Commission may pay—
pensions to, or in respect of, persons who have been
members of
the Commission’s staff, and
amounts for or towards provision of pensions to, or in
respect
of, persons who have been members of the
Commission’s staff.
The Commission must obtain the approval of the Secretary of State for—
the number of staff that may be appointed;
the terms and conditions of service of the staff;
any payments that may be made under sub-paragraphs (2) to (4) .
A function of the Commission may be discharged on the
Commission’s behalf by any person including any member of the
Commission’s staff, but only to the extent authorised by the
Commission.
The Commission must establish a procedure for the
investigation
of complaints about the exercise of its
functions (“the complaints
procedure”).
The complaints procedure must include provision about—
how a complaint may be made;
the person to whom a complaint may be made;
the period within which consideration of a complaint must
begin and
be concluded;
the action that the Commission must consider taking in
response to
a complaint.
The Commission may amend the complaints procedure, subject to
the requirement to include provisions in accordance with
sub-paragraph
(2)
.
The Commission must—
make a copy of the complaints procedure available for
inspection
at the Commission’s office, and
ensure that copies of the complaints procedure are made
available
at such other places and by such other means
as the
Commission considers appropriate.
The Commission must ensure that the arrangements for
inspecting
and gaining access to copies of
the complaints procedure are published in
such a way as to
bring those arrangements to the attention of persons whom
the Commission thinks likely to have an interest in the
procedure.
The Commission must create and maintain a register
containing all
of the Commission’s registrable
interests.
For the purposes of this paragraph and paragraph 13 —
“registrable interests” means any interests specified as
such by
the Secretary of State in regulations (and this
may include interests
of persons with whom the
Commission has a connection whether
familial, financial
or of any other kind);
“interest” means an interest of any kind (including
gifts,
hospitality, donations received, other financial
interests, and all
activities and occupations).
The Commission must keep the register of interests up to date.
The Commission must—
make a copy of the register of interests available for
inspection at
the Commission’s office, and
ensure that copies of the register are made available at
such
other places and by such other means as the
Commission
considers appropriate.
The Commission must ensure that the arrangements for
inspecting
and gaining access to copies of the register of
interests are published in
such a way as to bring those
arrangements to the attention of persons whom
the Commission
thinks likely to have an interest in the register.
A member of the Commission must not exercise a function if
the member has a registrable interest that relates to the
exercise of the
function.
If that prevents the Commission from exercising a function,
the Commission
must delegate that function (so far as
necessary to enable it to be exercised)
to a member of the
Commission’s staff.
The Secretary of State may pay the Commission such amounts, at
such times
and on such conditions (if any), as they think
appropriate in respect
of expenditure incurred in carrying out
the functions of the Commission.
The Commission must produce a report in relation to each
financial year (an
“annual report”).
The Commission’s first financial year is the period beginning
on the day the
first appointments to the Commission are made
under section 24 and ending
on the following 31 March.
An annual report must include—
a summary of the action taken in that financial year in
the exercise
of the Commission’s functions;
an analysis of the effectiveness of that action in
enabling the
general duty of the Commission to be
fulfilled (see
section 25
);
a summary of the Commission’s work programme for
that financial year;
the Commission’s proposals for a work programme for
the following
financial year;
a summary of the complaints made in accordance with the
procedure established under
paragraph 11
.
An annual report may include—
the Commission’s assessment of the improvements that
public bodies
should make in order to meet their
wellbeing objectives in accordance
with the future
generations principle;
any other information the Commission considers appropriate.
In preparing an annual report, the Commission must consult—
the citizens panel, and
any other person the Commission considers appropriate.
The Commission must publish the annual report no later than
31 August in
the following financial year.
The Commission must send a copy of each annual report to the
Secretary of
State.
The Secretary of State must lay a copy of each annual report
sent to
them before both Houses of Parliament.
A member or members of the Commission are to be elected by
the
Commission as the accounting officer, who will be in
charge of accounting
for the office of the Commission.
The accounting officer or officers have, in relation to the
accounts and the
finances of the Commission,
responsibilities that are from time to time
specified by the
Treasury.
In this paragraph references to responsibilities include—
responsibilities in relation to the signing of accounts;
responsibilities for the propriety and regularity of the
finances of
the Commission;
responsibilities for the economy, efficiency and
effectiveness
with which the resources of the Commission
are used.
The responsibilities that may be specified under
this paragraph
include responsibilities owed to
both Houses of Parliament, the Secretary
of State, the House
of Commons or the Committee of Public Accounts of
that
House.
For each financial year other than the first, the Commission
must prepare an
estimate of the income and expenses of the
Commission and
the Commission’s staff.
The Commission must submit the estimate to the Secretary of
State at
least five months before the beginning of the
financial year to which it
relates.
The Secretary of State must examine an estimate submitted to
them
in accordance with
this paragraph
and must then lay the estimate
before
both Houses of Parliament with any modifications they
think appropriate.
The Commission must—
keep proper accounting records;
prepare accounts in respect of each financial year in
accordance
with directions given, with the consent of
the Treasury, by the
Secretary of State.
The directions that the Secretary of State may give under
this
paragraph
include directions as to—
the information to be contained in the accounts and the
manner
in which the accounts are to be presented;
the methods and principles in accordance with which the
accounts are to be prepared;
any additional information that is to accompany the accounts.
The Secretary of State may vary or revoke a direction they
have given
under
this paragraph
.
The Commission must submit the accounts prepared for a
financial year to
the Comptroller and Auditor General no
later than 31 August in
the following financial year.
The Comptroller and Auditor General must—
examine, certify and report on accounts submitted under
this paragraph, and
no later than four months after the accounts are
submitted, lay a
copy of the certified accounts and the
report on them before both
Houses of Parliament.
In examining accounts submitted under
this paragraph
, the Comptroller and
Auditor
General must not certify the accounts unless satisfied that
the expenditure to which the accounts relate has been
incurred lawfully
and in accordance with the authority that
governs it.
The Comptroller and Auditor General may carry out
examinations into
the economy, efficiency and effectiveness
with which resources have been
used in discharging the
Commission’s functions.
The Comptroller and Auditor General is not entitled to
question the merits
of the policy objectives of the
Commission.
Before carrying out an examination under
this paragraph
, the
Comptroller and Auditor
General must—
consult the Committee of Public Accounts of the House
of Commons,
and
take into account the views of the Committee as to
whether or not
an examination should be carried
out.
The Comptroller and Auditor General must—
as soon as is reasonably practicable, publish a report of
the results
of an examination carried out under
this paragraph
, and
lay a copy of the report before both Houses of Parliament.
The Commission may have a seal.
A document purporting to be—
duly executed under the seal of the Commission, or
signed by or on behalf of the Commission,
is to be received in evidence and, unless the contrary is
proved, taken to
be so executed or signed.
This Schedule applies to investigations under section 30 .
Before conducting an investigation the Commission must—
prepare terms of reference specifying the public body to
be investigated and the nature of the unlawful act which
the Commission suspects,
give the public body to be investigated notice of the
proposed
terms of reference,
give the public body to be investigated an opportunity to
make representations about the proposed terms of
reference,
consider any representations made, and
publish the terms of reference once settled.
The Commission must make arrangements for giving public
bodies
an opportunity to make representations in relation to
investigations.
In particular, in the course of an investigation the
Commission must give any
public body specified in the terms
of reference an opportunity to
make representations.
In cases which have been referred by a person (not the
Commission)
for investigation, the Commission must make
arrangements for that person
to make representations in
relation to investigations.
Arrangements under
this paragraph
may (but need not)
include arrangements for oral representations.
The Commission must consider representations made in relation
to an
investigation.
In the course of an investigation the Commission may give a
notice
under
paragraph 5
to any public body.
A notice given to a public body under this paragraph may require it—
to provide information in its possession,
to produce documents in its possession, or
to give oral evidence.
A notice under paragraph 5 (1) may include provision about—
the form of information, documents or evidence;
timing.
A notice under paragraph 5 (1) —
may not require a public body to provide information that
it
is prohibited from disclosing by virtue of an
enactment,
may not require a public body to do anything that it
could not
be compelled to do in proceedings before the
High Court or the
Court of Session.
The recipient of a notice under
paragraph 5
may apply to the High Court
in England
and Wales, the Court of Session in Scotland or the High Court
in Northern Ireland to have the notice cancelled on the grounds
that
the requirement imposed by the notice is—
unnecessary having regard to the purpose of the investigation
to which the notice relates, or
otherwise unreasonable.
Sub-paragraph (2)
applies where the
Commission thinks that a
public body—
has failed without reasonable excuse to comply with a
notice
under
paragraph 5
, or
is likely to fail without reasonable excuse to comply
with a
notice under
paragraph 5
.
The Commission may apply to the High Court in England and
Wales,
the Court of Session in Scotland or the High Court in
Northern Ireland for
an order requiring a public body to
take such steps as may be specified in
the order to comply
with the notice.
A public body commits an offence if without reasonable excuse it—
fails to comply with a notice under
paragraph 5
or an order
under
paragraph 7
(2)
,
falsifies anything provided or produced in accordance
with a
notice under
paragraph 5
, or
makes a false statement in giving oral evidence in
accordance with
a notice under
paragraph 5
.
A public body which is guilty of an offence under
this paragraph
is liable
to the penalties set out
in section 33 of this Act.
The Commission must publish a report of the findings of an investigation.
The Commission may make recommendations—
as part of a report of an investigation under paragraph 9 , or
in respect of a matter arising in the course of an investigation.
A court or tribunal—
may have regard to a finding of the report of an
investigation and
its recommendations, but
shall not treat it as conclusive.
A public body to whom a recommendation in the report of an
investigation is addressed shall have regard to it.
An investigation may not question (whether expressly or by
necessary implication) the findings of a court or tribunal.
An inquiry may not consider whether an intelligence service has
acted (or
is acting) in accordance with the wellbeing goals or
future generations
principle.
A
bill
to
Make provision for a public consultation to inform a set of national wellbeing goals; to require public bodies to act in pursuit of the United Kingdom’s environmental, social, economic and cultural wellbeing by meeting wellbeing objectives, publishing future generations impact assessments and accounting for preventative spending; to establish a futures and forecasting report; to establish a Commission for Future Generations for the United Kingdom; to extend the duty of the Office of Budget Responsibility to consider wellbeing and the future generations principle in their work; to add onto a Minister in each government department's portfolio a duty to promote the future generations principle across government policy; to establish a Joint Parliamentary Committee on Future Generations; and for connected purposes.
Ordered to be Printed, .
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