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:—

Part 1 Introduction

1 Overview

(1)

This section is an overview of the main provisions of the Act.

(2)

Part 2 of this Act—

(a)

explains what is meant by “sustainable development” and requires
public bodies to carry out sustainable development;

(b)

explains what is meant by “the future generations principle”;

(c)

establishes a public consultation exercise to set national wellbeing
goals;

(d)

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;

(e)

explains what the wellbeing goals are, and the things public bodies
must take account of in fulfilling the wellbeing duty;

(f)

requires the bodies to report annually on their progress towards
meeting their wellbeing objectives;

(g)

requires the bodies to publish future generations impact assessments
when publishing a proposed policy change.

(3)

Part 3 of this Act—

(a)

requires a futures and forecasting report on the wellbeing of the United
Kingdom’s population, to be published by the Secretary of State;

(b)

requires public bodies to report on and justify their preventative
expenditure.

(4)

Part 4 of this Act—

(a)

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;

(b)

extends the remit of the Office for Budget Responsibility;

(c)

establishes the Joint Committee on Future Generations including its
membership, functions and reporting.

(5)

Part 5 of this Act—

(a)

establishes the office of Future Generations Commission for the United
Kingdom;

(b)

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;

(c)

provides for the Commission to carry out reviews of public bodies;

(d)

establishes an advisory citizens panel for the Commission;

(e)

establishes a duty for a current Minister in each government
department to ensure wellbeing and the national indicators are key
considerations within government policy.

(6)

Part 6 of this Act sets out the final provisions of the Act, including provision
on regulations and on commencement, extent and short title.

Part 2 Improving wellbeing

Sustainable development and wellbeing duty on public bodies

2 Sustainable development

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 .

3 Future generations principle

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.

4 Meaning of “public body”

(1)

For the purposes of this Act, a “public body” means—

(a)

any body or person that carries out functions of public administration,
or

(b)

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.

(2)

A public body does not include either House of Parliament, or a person
exercising functions in connection with proceedings in Parliament.

(3)

The Secretary of State may by regulations amend subsection (1) by—

(a)

adding a person,

(b)

removing a person, or

(c)

amending the description of a person.

(4)

Before making regulations that amend subsection (1) , the Secretary of State
must consult—

(a)

the Commission;

(b)

such other persons as the Secretary of State considers appropriate.

(5)

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.

5 Consultation and provision for the wellbeing goals

(1)

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.

(2)

The national conversation must engage communities across the population,
with particular focus on young people and children from different social
backgrounds.

(3)

The public consultation must be concluded within nine months of this Act
coming into force.

(4)

The Secretary of State must appoint a coordinating body to organise the public
consultation.

(5)

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.

(6)

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.

(7)

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.

(8)

The Secretary of State must by regulations provide for setting the wellbeing
goals.

(9)

The Secretary of State must review the wellbeing goals every five years
through a public consultation.

(10)

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.

6 Wellbeing duty on public bodies: objectives

(1)

Each public body must carry out sustainable development.

(2)

The action a public body takes in carrying out sustainable development must
include—

(a)

setting and publishing objectives (“wellbeing objectives”) that are
designed to maximise its contribution to achieving each of the
wellbeing goals, and

(b)

meeting, in the exercise of its functions, its wellbeing objectives.

(3)

Proceedings and judicial remedies concerning a public body’s failure to fulfil
its duties are set out in sections 32 and 33 .

(4)

In fulfilling its duties under subsection (2) , public bodies must have regard
to any relevant future generations impact assessments under section 11 .

(5)

A public body that exercises functions in relation to the United Kingdom may
set objectives relating to the United Kingdom.

(6)

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.

7 Wellbeing duty on public bodies: ways of working

In fulfilling its wellbeing duty under section 6 (2) , a public body must take
account of the following—

(a)

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;

(b)

how deploying resources to prevent problems occurring or getting
worse may contribute to meeting the body’s wellbeing objectives, or
another body’s objectives;

(c)

the importance of deploying resources to undertake long-term planning;

(d)

the need to forecast and manage emerging risks that may undermine
the body’s wellbeing objectives, or another body’s objectives;

(e)

the need to take an integrated approach, by considering how—

(i)

the body’s wellbeing objectives may impact upon each of the
wellbeing goals;

(ii)

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;

(f)

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—

(i)

the United Kingdom (where the body exercises functions in
relation to the whole of the United Kingdom), or

(ii)

the part of the United Kingdom in relation to which the body
exercises functions;

(g)

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.

Wellbeing objectives

8 Statements about wellbeing objectives

When publishing its wellbeing objectives (including wellbeing objectives
revised under section 9 or 10 ) a public body must also publish a statement—

(a)

explaining why the body considers that meeting the objectives will
contribute to the achievement of the wellbeing goals;

(b)

explaining how its wellbeing objectives have regard to the futures and
forecasting report under section 16 of this Act;

(c)

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—

(i)

the United Kingdom (where the body exercises functions in
relation to the whole of the United Kingdom), or

(ii)

the part of the United Kingdom in which the body exercises
functions;

(d)

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);

(e)

specifying the periods of time within which the body expects to meet
the objectives;

(f)

providing such other information as the body considers appropriate
about meeting the objectives.

9 Wellbeing objectives: government departments

(1)

Each government department must set and publish its wellbeing objectives—

(a)

no later than six months after the earlier of—

(i)

the date on which the first United Kingdom general election
is held following the commencement of this section, or

(ii)

the first date on which a new Prime Minister is appointed by
the Crown following the commencement of this section, and

(b)

no later than six months after the date of each subsequent—

(i)

United Kingdom general election, or

(ii)

appointment of a Prime Minister.

(2)

Each government department must set its wellbeing objectives for the period—

(a)

beginning with the day specified for that purpose in the statement
published under subsection (1) , and

(b)

ending with the day of the next United Kingdom general election
scheduled under section 1 of the Fixed-term Parliaments Act 2011.

(3)

Each government department must review its wellbeing objectives—

(a)

after every futures and forecasting report (under section 16 ) is
published, and

(b)

if the wellbeing goals are amended.

(4)

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.

(5)

A government department may, at any other time, review and revise its
wellbeing objectives.

(6)

Wellbeing objectives revised under subsection (4) or (5) must be set for the
remainder of the period referred to in subsection (2) .

(7)

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.

(8)

In setting or revising its wellbeing objectives, a government department must
take into account the Commission’s report under section 34 .

10 Other public bodies’ wellbeing objectives

(1)

In this section references to a public body do not include government
departments.

(2)

A public body must set and publish its wellbeing objectives—

(a)

no later than the beginning of the financial year following the
commencement of this section, and

(b)

at such subsequent times as the body considers appropriate.

(3)

Each public body must review its wellbeing objectives—

(a)

after every futures and forecasting report (under section 16 ) is
published, and

(b)

at such subsequent times as the body considers appropriate.

(4)

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.

(5)

A public body may at any other time review and revise its wellbeing
objectives.

(6)

Where a public body revises its wellbeing objectives under subsection (4) or
(5) , it must publish them as soon as is reasonably practicable.

(7)

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.

11 Future generations impact assessments

(1)

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—

(a)

publish an assessment (“future generations impact assessment“) of the
likely impact of the proposal on its wellbeing objectives, or

(b)

publish a statement setting out its reasons for concluding that it does
not need to carry out a future generations impact assessment.

(2)

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.

(3)

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.

(4)

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.

(5)

Publication under subsection (1) is not required if the change is for the purpose
of safeguarding national security or for defence purposes.

Measuring progress towards achieving the goals

12 Annual wellbeing goals report

(1)

The Secretary of State must—

(a)

publish indicators (“national indicators”) that must be applied for the
purpose of measuring progress towards the achievement of the
wellbeing goals, and

(b)

lay a copy of the national indicators before both Houses of Parliament.

(2)

A national indicator—

(a)

must be expressed as a value or characteristic that can be measured
quantitatively or qualitatively against a particular outcome;

(b)

may be measured over such a period of time as the Secretary of State
considers appropriate;

(c)

may be measurable in relation to the United Kingdom or any part of
the United Kingdom.

(3)

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.

(4)

In setting a milestone, the Secretary of State must specify—

(a)

the criteria for determining whether the milestone has been achieved
(by reference to the value or characteristic by which the indicator is
measured), and

(b)

the time by which the milestone is to be achieved.

(5)

If the wellbeing goals are amended, the Secretary of State must review the
national indicators and milestones.

(6)

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.

(7)

The Secretary of State may at any other time review and revise the national
indicators and milestones.

(8)

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.

(9)

Before publishing national indicators and milestones (including indicators
and milestones revised under subsection (6) or (7) , the Secretary of State must
consult—

(a)

the Commission;

(b)

the other public bodies;

(c)

such other persons as he or she considers appropriate.

(10)

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.

(11)

An annual wellbeing report under subsection (10) must specify the periods
of time to which the measurement of each indicator relates.

13 Annual wellbeing objectives report

(1)

Ministers of the Crown must collectively—

(a)

publish, in respect of each financial year, a report of the progress they
have made towards meeting government departments’ wellbeing
objectives, and

(b)

lay a copy of the report before both Houses of Parliament.

(2)

In preparing a report under this section , the Ministers of the Crown must
review government departments’ wellbeing objectives with—

(a)

the Commission,

(b)

the Future Generations Commission for Wales,

(c)

any public body or body charged with protecting the needs of future
generations in Scotland,

(d)

any public body or body charged with protecting the needs of future
generations in Northern Ireland,

(e)

any other Commission, public body or body deemed to be appropriate
by Ministers of the Crown.

(3)

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.

(4)

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.

(5)

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.

14 Annual reports by other public bodies

(1)

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.

(2)

In preparing a report under this section , a public body must review its
wellbeing objectives.

(3)

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.

(4)

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.

Guidance

15 Guidance

(1)

The Secretary of State must issue guidance to other public bodies about the
exercise of functions under this Part .

(2)

In exercising a function under this Part , a public body must take such guidance
into account.

Part 3 Planning and spending

16 Futures and forecasting report

(1)

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—

(a)

the possible long-term future trends concerning the economic, social,
environmental and cultural wellbeing of the United Kingdom;

(b)

plans to manage these long-term future trends concerning the
economic, social, environmental and cultural wellbeing of the United
Kingdom;

(c)

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;

(d)

each department’s plans to prevent, manage and prepare for the
potential consequences of the identified future risks;

(e)

details of the assessment process used to assess the future trends and
risks.

(2)

In preparing a futures and forecasting report the Secretary of State must take
account of—

(a)

any long-term global goals and targets set in place by the United
Nations in relation to sustainable development;

(b)

the advice and reports of—

(i)

the UK Committee on Climate Change,

(ii)

the United Nations Intergovernmental Panel on Climate
Change, and

(iii)

the Intergovernmental Science-Policy Platform on Biodiversity
and Ecosystem Services,

(c)

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.

(3)

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.

(4)

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.

17 Reporting on preventative spending

(1)

Each public body must publish a report containing its annual draft budget
proposal which includes—

(a)

the proportion and total amount of preventative spending,

(b)

breakdowns of spending in each category as defined in subsection (3)
, and

(c)

the public body’s justification for the categorising of spending in each
category in subsection (3) .

(2)

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.

(3)

Preventative spending may be categorised as follows—

(a)

Prevention: expenditure which has the purpose of creating societal
conditions which mitigate risks to the future generations principle;

(b)

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;

(c)

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.

(4)

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.

(5)

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.

Part 4 Transparency and accountability

Role of the Comptroller and Auditor General

18 The future generations principle: Comptroller and Auditor General’s examinations

(1)

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—

(a)

setting wellbeing objectives, and

(b)

taking steps to meet those objectives.

(2)

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.

(3)

In carrying out an examination under subsection (1) , the Comptroller and
Auditor General must—

(a)

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

(b)

consult the Commission.

(4)

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.

(5)

The Comptroller and Auditor General must subsequently report on the results
of the examinations carried out under this section every five years.

(6)

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—

(a)

inform the other oversight body about the intention to conduct the
examination,

(b)

consult the other oversight body about the examination, and

(c)

cooperate with the oversight body in jointly preparing and publishing
a document that is to be treated as both—

(i)

the report of the examination required by this section , and

(ii)

a report of the review or inquiry referred to in this subsection .

Role of the Office for Budget Responsibility

19 Specifying the functions of the Office for Budget Responsibility

(1)

The remit of the Office for Budget Responsibility (“the Office”) includes future
risk accounting, particularly considering long-term risks.

(2)

In subsection (4)(b) of section 4 of the Budget Responsibility and National
Audit Act 2011 (main duty of Office), at end insert—

“(c)

an assessment of the extent to which the milestones
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.”

20 Extending the remit of the Office for Budget Responsibility

(1)

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.

(2)

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.

Joint Committee on Future Generations

21 The Joint Committee on Future Generations

(1)

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”).

(2)

The Committee is to consist of six members of the House of Lords and six
members of the House of Commons.

(3)

Each member of the Committee is to be appointed by resolution of their
respective House of Parliament.

(4)

A member appointed to the Committee may serve for the duration of that
Parliament.

22 Functions of the Joint Committee on Future Generations

The Committee’s functions are to—

(a)

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,

(b)

propose amendments to improve the compatibility of bills they choose
to review with the future generations principle and the relevant
department’s wellbeing objectives,

(c)

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

(d)

participate in the appointment process of the Future Generations
Commission, as set out in section 24 .

23 Reports of the Joint Committee on Future Generations

(1)

The Committee must publish—

(a)

an annual report on long-term economic, social, environmental and
cultural trends, which may include recommendations to Her Majesty’s
Government,

(b)

an annual report to Parliament on the discharge of its functions, and

(c)

an annual report on the progress and relevance of the national
indicators in the annual wellbeing goals report.

(2)

The Committee may make such other reports as it considers appropriate
concerning any aspect of its functions.

Part 5 Promoting good practice

The Future Generations Commission

24 Future Generations Commission for the United Kingdom

(1)

There is to be a Future Generations Commission for the United Kingdom
(referred to in this Act as the “Commission”).

(2)

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.

(3)

Appointments may not be made under subsection (2) unless—

(a)

a Minister has tabled a motion recommending the appointment of the
nominated candidates in each House of Parliament and it has been
approved, and

(b)

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.

(4)

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.

(5)

The Secretary of State may, following consultation with the Commission,
dismiss an appointed member if satisfied that the member—

(a)

is unfit to continue as a panel member, or

(b)

is unable or unwilling to act as a member.

(6)

Schedule 1 makes further provision about the Commission.

25 Commission’s general duty

The general duty of the Commission is—

(a)

to promote the future generations principle, in particular to—

(i)

act as a guardian of the ability of future generations to meet
their needs,

(ii)

encourage public bodies to take greater account of the long-term
impact of the things that they do, and

(iii)

engage members of the public on issues affecting the long-term
future of the United Kingdom;

(b)

to monitor and assess the extent to which wellbeing objectives set by
public bodies are being met.

The Commission's functions

26 Commission’s functions

(1)

The Commission may, in carrying out the Commission’s general duty—

(a)

provide advice or assistance to a public body;

(b)

provide advice to the Comptroller and Auditor General on the future
generations principle;

(c)

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;

(d)

encourage best practice amongst public bodies in taking steps to meet
their wellbeing objectives in accordance with the future generations
principle;

(e)

promote awareness amongst public bodies of the need to take steps
to meet their wellbeing objectives in accordance with the future
generations principle;

(f)

encourage public bodies to work with each other and with other
persons to meet their wellbeing objectives;

(g)

instigate meetings with the Joint Committee, at any reasonable time,
to review the national indicators;

(h)

seek the advice of the advisory citizens panel (see section 37 ) in relation
to the exercise of any of the Commission’s functions.

(2)

The Commission may undertake research or other study into—

(a)

the extent to which the wellbeing goals and national indicators are
consistent with the future generations principle,

(b)

the extent to which the future generations principle is taken into
account in the national indicators,

(c)

the future generations principle itself, including how it is applied to
setting and meeting wellbeing objectives, and

(d)

anything related to any of those things that impacts upon the economic,
social, environmental and cultural wellbeing of the United Kingdom.

(3)

References in this section to providing assistance to a public body do not
include providing financial assistance.

27 Reviews by the Commission

(1)

The Commission may conduct a review of the extent to which a public body
is meeting its wellbeing duties under section 6 , including but not limited to
a review of whether a public body is meeting, in the exercise of its functions,
its wellbeing objectives under section 6 (2) (b) .

(2)

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 .

(3)

In conducting a review, the Commission may make recommendations to the
public body about—

(a)

the steps the body has taken or proposes to take to meet its wellbeing
objectives;

(b)

how to set wellbeing objectives and take steps to meet them in
accordance with the future generations principle.

(4)

The Commission may conduct a single review of two or more public bodies.

(5)

The Commission must publish a report of a review (including any
recommendations made) and send a copy of it to the Secretary of State.

(6)

In conducting a review, the Commission may require a public body to provide
such information as the Commission considers relevant to the review.

(7)

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.

28 Recommendations made by the Commission

(1)

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.

(2)

The Commission must publish any recommendations made under this section .

29 Duty to follow recommendations

(1)

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—

(a)

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

(b)

it decides on an alternative course of action in respect of the subject
matter of the recommendation.

(2)

The Secretary of State may issue guidance to public bodies about how to
respond to a recommendation made by the Commission.

(3)

In deciding how to respond to such a recommendation, a public body must
take such guidance into account.

(4)

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.

30 Investigations

(1)

The Commission may conduct an investigation if they suspect that the public
body concerned has failed to comply with its duties under section 29 .

(2)

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 .

(3)

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 .

(4)

Before finalising a report of an investigation recording a finding that a public
body has committed an unlawful act the Commission must—

(a)

send a draft of the report to the public body,

(b)

specify a period of at least 28 days during which the body may make
written representations about the draft, and

(c)

consider any representations made.

(5)

Schedule 2 makes supplemental provision about investigations.

31 Applications to court

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—

(a)

to comply with recommendations from the Commission, and

(b)

to take such other action as the court may specify.

32 Proceedings

(1)

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.

(2)

A person may—

(a)

bring proceedings against a public body under this Act in the
appropriate court, or

(b)

refer the case for investigation to the Commission in accordance with
section 30 .

(3)

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.

(4)

Proceedings under subsection (2) (a) must be brought before the end of—

(a)

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

(b)

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.

33 Judicial remedies

(1)

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.

(2)

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.

34 Future generations report

(1)

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.

(2)

The Commission’s report must include an assessment of how public bodies
should—

(a)

better safeguard the ability of future generations to meet their needs,
and

(b)

take greater account of the long-term impact of the things that they
do.

(3)

In this section and section 35 , the “reporting period” is the period—

(a)

beginning with the day after that on which a futures and forecasting
report under section 16 is published, and

(b)

ending on the date of publication of the next futures and forecasting
report.

(4)

In addition to the assessment mentioned in subsection (1) , a report under this
section must also include—

(a)

a summary of the evidence gathered and activities undertaken by the
Commission during the reporting period (see section 35 );

(b)

a summary of the reviews conducted by the Commission during the
reporting period (see section 35 );

(c)

a summary of any other action taken by the Commission during the
reporting period in the exercise of the Commission’s functions.

(5)

A report under this section may include—

(a)

an account of any research or other study undertaken under section
26 (2) ;

(b)

any other information the Commission considers appropriate.

(6)

The Commission must send the Secretary of State a copy of a report published
under this section .

(7)

The Secretary of State must lay a copy of the report before both Houses of
Parliament.

(8)

The Secretary of State may by regulations amend the reporting period.

35 Future generations report: activity during the reporting period

(1)

During a reporting period (but before the report under section 34 is published)
the Commission must consult—

(a)

the advisory panel (see section 37 );

(b)

each public body;

(c)

representatives of voluntary organisations;

(d)

any person who the Commission considers is taking steps (or wishes
to take steps) that may contribute to the achievement of the wellbeing
goals;

(e)

representatives of persons resident in each local authority area;

(f)

representatives of persons carrying on business;

(g)

trade unions representing workers;

(h)

the Committee on Climate Change;

(i)

representatives of the UK Youth Parliament and the National Union
of Students;

(j)

any other person or organisations the Commission considers
appropriate to ensure that economic, social, environmental and cultural
interests are fully represented.

(2)

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—

(a)

each annual wellbeing goals report under section 12 published during
the reporting period;

(b)

the futures and forecasting report published under section 16 on the
day before the beginning of the reporting period;

(c)

relevant reports of the Comptroller and Auditor General.

36 Joint working

(1)

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—

(a)

the Future Generations Commissioner for Wales;

(b)

any person or public body charged with protecting the needs of future
generations in Scotland;

(c)

any person or public body charged with protecting the needs of future
generations in Northern Ireland;

(d)

any other commissioner, person or public body deemed to be
appropriate by the Commission.

(2)

The Commission may—

(a)

inform the other person or public body about the intention to conduct
the review, and

(b)

consult the other person or public body about the review.

(3)

The Commission and other person or public body may—

(a)

cooperate with each other;

(b)

jointly prepare and publish a document that is to be treated as both—

(i)

the report of the review required by section 27 , and

(ii)

a report of the review or inquiry referred to in subsection (1)
of this section .

Advisory panel to the Commission

37 Citizens panel

(1)

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.

(2)

The citizens panel must consist of at least 50 persons.

(3)

The Secretary of State must provide by regulations for a “citizens panel
coordinating body” which must—

(a)

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;

(b)

establish an advisory board to recommend to the citizens panel
coordinating body which persons and organisations it deems necessary
to advise the citizens panel;

(c)

establish a rotation process for the membership so as to replace
members of the citizens panel.

(4)

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.

(5)

The citizens panel must meet on a minimum of two days every three months.

(6)

The Commission may require the citizens panel to meet more frequently if
the Commission deems it appropriate.

(7)

The Commission must publish any recommendations made by the citizens
panel in meetings with the Commission by methods the Commission deems
appropriate.

(8)

The Commission must publish a response to the recommendations within
one month of the recommendations being made.

(9)

A member may resign from the citizens panel by giving the citizens panel
coordinating body not less than three months’ notice in writing.

(10)

The citizens panel coordinating body may, following consultation with the
Commission, dismiss a member if satisfied that the member—

(a)

is unfit to continue as a citizens panel member, or

(b)

is unable, or unwilling, to act as a member.

(11)

The Secretary of State must pay allowances (including travelling and
subsistence allowances) and gratuities to the members of the citizens panel.

(12)

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.

Ministers for Future Generations

38 Added duties for existing Ministers

(1)

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.

(2)

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.

39 Ministers’ general duty

The general duty of the Ministers is—

(a)

to promote the future generations principle, and in particular to—

(i)

act as a guardian of the ability of future generations to meet
their needs,

(ii)

encourage government departments to take greater account of
the long-term impact of the things that they do, and

(iii)

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.

(b)

to monitor and assess the extent to which wellbeing objectives set by
Government departments are being met.

40 Ministers’ functions

(1)

The Ministers may, in carrying out their general duty—

(a)

provide advice or assistance to a Secretary of State or another Minister;

(b)

encourage best practice amongst government officials in taking steps
to meet their wellbeing objectives in accordance with the future
generations principle;

(c)

encourage best practice amongst government officials in accounting
for the futures and forecasting report in their work;

(d)

promote awareness amongst government departments of the need to
take steps to meet their wellbeing objectives in accordance with the
future generations principle;

(e)

encourage government departments to work with each other and with
other persons to meet their wellbeing objectives; and

(f)

instigate meetings with the Joint Committee and Future Generations
Commission, at any reasonable time, to review the national indicators.

(2)

References in this section to providing assistance do not include providing
financial assistance.

Part 6 Final provisions

41 Power to make consequential etc. provision

(1)

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.

(2)

The regulations may (among other things) amend, repeal or revoke an
enactment contained in, or in an instrument made under, an Act of Parliament.

(3)

The reference in subsection (2) to an enactment includes a reference to an
enactment passed or made after the passing of this Act.

(4)

The power conferred by this section is not restricted by any other provision
of this Act.

(5)

A statutory instrument containing regulations made under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.

42 Regulations

(1)

Any power to make regulations under this Act is exercisable by statutory
instrument.

(2)

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.

43 Interpretation

“Financial year” means the period of 12 months ending with 31 March.

44 Extent, commencement and short title

(1)

This Act extends to England and Wales, Scotland and Northern Ireland.

(2)

This Act comes into force at the end of the period of six months beginning
with the day on which it is passed.

(3)

This Act may be cited as the Wellbeing of Future Generations Act 2022.

Schedules

Schedule 1

Section 24

The Future Generations Commission for the United Kingdom

Status

1 (1)

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.

(2)

The Commission’s property is not to be regarded as property of, or property
held on behalf of the Crown.

Duration of appointment

2

Individuals appointed to the Commission hold office for a period of 7 years.

Validity of acts

3 (1)

The validity of an act of an individual member of the Commission is not
affected by a defect in the appointment of—

(a)

that individual;

(b)

any member of the citizens panel.

(2)

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—

(a)

that person;

(b)

the Commission;

(c)

any member of the citizens panel.

Terms of appointment

4

The Commission holds office subject to—

(a)

the provisions of this Schedule , and

(b)

such additional terms of appointment as may be specified from time
to time by the Secretary of State.

Remuneration, allowances and pensions

5 (1)

The Secretary of State may pay remuneration to the Commission.

(2)

The Secretary of State may pay allowances (including travelling
and subsistence allowances) and gratuities to the Commission.

(3)

The Secretary of State may pay—

(a)

pensions to, or in respect of, individuals who have been on
the Commission, and

(b)

amounts for or towards provision of pensions to, or in respect of,
individuals who have been on the Commission.

Disqualification

6 (1)

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) .

(2)

An individual ceases to be on the Commission if the individual is
disqualified on any of the grounds specified in sub-paragraph (3) .

(3)

An individual is disqualified from being on the Commission if the individual
is—

(a)

a member of the citizens panel;

(b)

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—

(i)

the Crown,

(ii)

either House of Parliament, or

(iii)

Her Majesty’s Government;

(c)

a member of the House of Commons or House of Lords;

(d)

a member of Senedd Cymru;

(e)

a member of the Scottish Parliament;

(f)

a member of the Northern Ireland Assembly;

(g)

a member of a local authority in the United Kingdom;

(h)

a member of the Commission’s staff.

End of appointment (other than through disqualification)

7 (1)

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.

(2)

The Secretary of State may dismiss members of the Commission if satisfied
that they are—

(a)

unfit to continue as part of the Commission, or

(b)

unable or unwilling to exercise their functions.

Powers

8 (1)

The Commission may do anything the Commission considers appropriate
in connection with the Commission’s functions, including—

(a)

charging for the provision of advice or other services;

(b)

paying third parties for the provision of advice or other services;

(c)

accepting gifts of money or other property.

(2)

The Commission must not—

(a)

provide financial assistance to any person;

(b)

acquire or dispose of any interest in land, without the approval of
the Secretary of State.

(3)

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.

Staff

9 (1)

The Commission may appoint such staff as the Commission
considers appropriate in connection with the exercise of the Commission’s
functions.

(2)

The Commission may pay remuneration to the members of
the Commission’s staff.

(3)

The Commission may pay allowances (including travelling and subsistence
allowances) and gratuities to the members of the Commission’s staff.

(4)

The Commission may pay—

(a)

pensions to, or in respect of, persons who have been members of
the Commission’s staff, and

(b)

amounts for or towards provision of pensions to, or in respect
of, persons who have been members of the Commission’s staff.

(5)

The Commission must obtain the approval of the Secretary of State for—

(a)

the number of staff that may be appointed;

(b)

the terms and conditions of service of the staff;

(c)

any payments that may be made under sub-paragraphs (2) to (4) .

Delegation

10

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.

Complaints procedure

11 (1)

The Commission must establish a procedure for the investigation
of complaints about the exercise of its functions (“the complaints
procedure”).

(2)

The complaints procedure must include provision about—

(a)

how a complaint may be made;

(b)

the person to whom a complaint may be made;

(c)

the period within which consideration of a complaint must begin and
be concluded;

(d)

the action that the Commission must consider taking in response to
a complaint.

(3)

The Commission may amend the complaints procedure, subject to
the requirement to include provisions in accordance with sub-paragraph
(2) .

(4)

The Commission must—

(a)

make a copy of the complaints procedure available for inspection
at the Commission’s office, and

(b)

ensure that copies of the complaints procedure are made available
at such other places and by such other means as the
Commission considers appropriate.

(5)

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.

Register of interests

12 (1)

The Commission must create and maintain a register containing all
of the Commission’s registrable interests.

(2)

For the purposes of this paragraph and paragraph 13 —

(a)

“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);

(b)

“interest” means an interest of any kind (including gifts,
hospitality, donations received, other financial interests, and all
activities and occupations).

(3)

The Commission must keep the register of interests up to date.

13 (1)

The Commission must—

(a)

make a copy of the register of interests available for inspection at
the Commission’s office, and

(b)

ensure that copies of the register are made available at such
other places and by such other means as the Commission
considers appropriate.

(2)

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.

Conflicts of interest

14 (1)

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.

(2)

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.

Payments by the Secretary of State

15

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.

Annual reports

16 (1)

The Commission must produce a report in relation to each financial year (an
“annual report”).

(2)

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.

(3)

An annual report must include—

(a)

a summary of the action taken in that financial year in the exercise
of the Commission’s functions;

(b)

an analysis of the effectiveness of that action in enabling the
general duty of the Commission to be fulfilled (see section 25 );

(c)

a summary of the Commission’s work programme for
that financial year;

(d)

the Commission’s proposals for a work programme for the following
financial year;

(e)

a summary of the complaints made in accordance with the
procedure established under paragraph 11 .

(4)

An annual report may include—

(a)

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;

(b)

any other information the Commission considers appropriate.

(5)

In preparing an annual report, the Commission must consult—

(a)

the citizens panel, and

(b)

any other person the Commission considers appropriate.

(6)

The Commission must publish the annual report no later than 31 August in
the following financial year.

(7)

The Commission must send a copy of each annual report to the Secretary of
State.

(8)

The Secretary of State must lay a copy of each annual report sent to
them before both Houses of Parliament.

Accounting officer

17 (1)

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.

(2)

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.

(3)

In this paragraph references to responsibilities include—

(a)

responsibilities in relation to the signing of accounts;

(b)

responsibilities for the propriety and regularity of the finances of
the Commission;

(c)

responsibilities for the economy, efficiency and effectiveness
with which the resources of the Commission are used.

(4)

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.

Estimates

18 (1)

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.

(2)

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.

(3)

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.

Accounts

19 (1)

The Commission must—

(a)

keep proper accounting records;

(b)

prepare accounts in respect of each financial year in accordance
with directions given, with the consent of the Treasury, by the
Secretary of State.

(2)

The directions that the Secretary of State may give under this
paragraph include directions as to—

(a)

the information to be contained in the accounts and the manner
in which the accounts are to be presented;

(b)

the methods and principles in accordance with which the
accounts are to be prepared;

(c)

any additional information that is to accompany the accounts.

(3)

The Secretary of State may vary or revoke a direction they have given
under this paragraph .

Audit

20 (1)

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.

(2)

The Comptroller and Auditor General must—

(a)

examine, certify and report on accounts submitted under
this paragraph, and

(b)

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.

(3)

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.

Examinations into the use of resources

21 (1)

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.

(2)

The Comptroller and Auditor General is not entitled to question the merits
of the policy objectives of the Commission.

(3)

Before carrying out an examination under this paragraph , the
Comptroller and Auditor General must—

(a)

consult the Committee of Public Accounts of the House of Commons,
and

(b)

take into account the views of the Committee as to whether or not
an examination should be carried out.

(4)

The Comptroller and Auditor General must—

(a)

as soon as is reasonably practicable, publish a report of the results
of an examination carried out under this paragraph , and

(b)

lay a copy of the report before both Houses of Parliament.

Seal and validity of documents

22 (1)

The Commission may have a seal.

(2)

A document purporting to be—

(a)

duly executed under the seal of the Commission, or

(b)

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.

Schedule 2

Section 30

Investigations by the Future Generations Commission for the United Kingdom

Terms of reference

1

This Schedule applies to investigations under section 30 .

2

Before conducting an investigation the Commission must—

(a)

prepare terms of reference specifying the public body to
be investigated and the nature of the unlawful act which
the Commission suspects,

(b)

give the public body to be investigated notice of the proposed
terms of reference,

(c)

give the public body to be investigated an opportunity to
make representations about the proposed terms of reference,

(d)

consider any representations made, and

(e)

publish the terms of reference once settled.

Representations

3 (1)

The Commission must make arrangements for giving public bodies
an opportunity to make representations in relation to investigations.

(2)

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.

(3)

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.

(4)

Arrangements under this paragraph may (but need not)
include arrangements for oral representations.

(5)

The Commission must consider representations made in relation to an
investigation.

Evidence

4

In the course of an investigation the Commission may give a notice
under paragraph 5 to any public body.

5 (1)

A notice given to a public body under this paragraph may require it—

(a)

to provide information in its possession,

(b)

to produce documents in its possession, or

(c)

to give oral evidence.

(2)

A notice under paragraph 5 (1) may include provision about—

(a)

the form of information, documents or evidence;

(b)

timing.

(3)

A notice under paragraph 5 (1) —

(a)

may not require a public body to provide information that it
is prohibited from disclosing by virtue of an enactment,

(b)

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.

6

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—

(a)

unnecessary having regard to the purpose of the investigation
to which the notice relates, or

(b)

otherwise unreasonable.

7 (1)

Sub-paragraph (2) applies where the Commission thinks that a
public body—

(a)

has failed without reasonable excuse to comply with a notice
under paragraph 5 , or

(b)

is likely to fail without reasonable excuse to comply with a
notice under paragraph 5 .

(2)

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.

8 (1)

A public body commits an offence if without reasonable excuse it—

(a)

fails to comply with a notice under paragraph 5 or an order
under paragraph 7 (2) ,

(b)

falsifies anything provided or produced in accordance with a
notice under paragraph 5 , or

(c)

makes a false statement in giving oral evidence in accordance with
a notice under paragraph 5 .

(2)

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.

Reports

9

The Commission must publish a report of the findings of an investigation.

Recommendations

10

The Commission may make recommendations—

(a)

as part of a report of an investigation under paragraph 9 , or

(b)

in respect of a matter arising in the course of an investigation.

Effect of report

11

A court or tribunal—

(a)

may have regard to a finding of the report of an investigation and
its recommendations, but

(b)

shall not treat it as conclusive.

12

A public body to whom a recommendation in the report of an
investigation is addressed shall have regard to it.

Courts and tribunals

13

An investigation may not question (whether expressly or by
necessary implication) the findings of a court or tribunal.

Intelligence services

14

An inquiry may not consider whether an intelligence service has acted (or
is acting)  in accordance with the wellbeing goals or future generations
principle.

Wellbeing of Future Generations Bill [HL]

[As Introduced]

bill

Lord Bird

Ordered to be Printed, 8th July 2022.

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