The Parliamentary Commissioner (No. 2) Order 1988

Statutory Instruments

1988 No. 1985

PARLIAMENTARY COMMISSIONER

The Parliamentary Commissioner (No. 2) Order 1988

Made

14th November 1988

Laid before Parliament

23rd November 1988

Coming into force

1st January 1989

At the Court at Buckingham Palace, the 14th day of November 1988

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty in pursuance of the powers conferred upon Her by section 5(4) of the Parliamentary Commissioner Act 1967(1) and all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1.  This Order may be cited as the Parliamentary Commissioner (No. 2) Order 1988 and shall come into force on 1st January 1989.

2.  Paragraph 2 of Schedule 3 to the Parliamentary Commissioner Act 1967(2) (which describes certain actions or matters in respect of which the Commissioner may not conduct an investigation under the Act) is hereby amended by the deletion of the following words at the end thereof—

“and which is so taken in relation to a citizen of the United Kingdom and Colonies who has the right of abode in the United Kingdom”,so that the said paragraph shall henceforth read as follows—

“2.   Action taken, in any country or territory outside the United Kingdom, by or on behalf of any officer representing or acting under the authority of Her Majesty in respect of the United Kingdom, or any other officer of the Government of the United Kingdom other than action which is taken by an officer (not being an honorary consular officer) in the exercise of a consular function on behalf of the Government of the United Kingdom.”.

G. I. de Deney

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

By virtue of paragraph 2 of Schedule 3 to the Parliamentary Commissioner Act 1967, as amended by the Parliamentary Commissioner Order 1979, the jurisdiction of the Parliamentary Commissioner for Administration extends to action taken in the exercise of a consular function by a career consular officer on condition that the action complained of was taken in relation to a United Kingdom citizen with the right of abode in the United Kingdom. This Order removes this condition, thereby extending the jurisdiction of the Parliamentary Commissioner to the generality of actions taken in the exercise of consular functions by such officers.

(1)

1967 c. 13.

(2)

As amended by the Parliamentary Commissioner Order 1979 (S.I. 1979/915).