Parliamentary Commissioner Act 1967
1967 c. 13
An Act to make provision for the appointment and functions of a Parliamentary Commissioner for the investigation of administrative action taken on behalf of the Crown, and for purposes connected therewith.
For application to Northern Ireland see s. 13
Act: for any reference to the Education Assets Board there is substituted (1.10.1998) a reference to the Education Transfer Council by virtue of 1998 c. 31, s. 136; S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I
Act modified (E.W.) (31.3.1991) by S.I. 1991/517, art. 6(2).
Act modified (E.W.) (28.3.1991) by S.I. 1991/710, art. 9(2)
Act modified by S.I. 1989/814, art. 15(2), by S.I. 1989/1359, art. 15(2) and by S.I. 1989/2470, art. 16(2)
Act modified (E.W.) (11.3.1992 for specified purposes and 1.6.1992 otherwise) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 21(8), Sch. para. 7(2); S.I. 1992/725, arts.2, 3.
Act modified (E.W.) by Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 79, 175, 195, 208, Sch. 6 para. 8(2)
Act amended by 1990/419, art. 18(2) and by 1990/1024, art. 14(2)
Act applied (with modifications) (30.9.1992) by S.I. 1992/2257, art. 16(2).
Act modified (E.W.S.) (1.1.1993) by Transport and Works Act 1992 (c. 42), s. 23(10); S.I. 1992/2784, art. 2(a), Sch. 1.
Act extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 17
Act extended (1.4.1995) by S.I. 1995/401, art. 9
Act modified (S.) (27.5.1997) by 1997 c. 8, ss. 48, 131, 154, 169, 180, Sch. 4 para. 8(2) (with ss. 64, 219)
Act modified (S.) (27.5.1997) by 1997 c. 9, ss. 20(4), 35(5), Sch. 3 para. 7(2) (with s. 45(5))
Act modified (S.) (27.5.1997) by 1997 c. 10, ss.19, 40(2), Sch. para. 7(2) (with ss. 9(3), 10(5), 38(6))
Act modified (3.3.1999) by S.I. 1999/527, art. 6
Act modified (1.4.2002) by S.I. 2001/3962, art. 7(2)
The Parliamentary Commissioner for Administration
1 Appointment and tenure of office.
1
For the purpose of conducting investigations in accordance with the following provisions of this Act there shall be appointed a Commissioner, to be known as the Parliamentary Commissioner for Administration.
2
Her Majesty may by Letters Patent from time to time appoint a person to be the Commissioner, and any person so appointed shall (subject to F53Subsections (3) and (3A) of this section) hold office during good behaviour.
3
A person appointed to be the Commissioner may be relieved of office by Her Majesty at his own request, or may be removed from office by Her Majesty in consequence of Addresses from both Houses of Parliament, and shall in any case vacate office on completing the year of service in which he attains the age of sixty-five years.
F13A
Her Majesty may declare the office of Commissioner to have been vacated if satisfied that the person appointed to be the Commissioner is incapable for medical reasons—
a
of performing the duties of his office; and
b
of requesting to be relieved of it.
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
2 Salary and pension.
F41
There shall be paid to the holder of the office of Commissioner the same salary as if he were employed in the civil service of the State in such appointment as the House of Commons may by resolution from time to time determine; and a resolution under this subsection may take effect from the date on which it is passed or from such other date as may be specified in the resolution.
2
In relation to any time before the first resolution under subsection (1) above takes effect, the salary payable to the holder of the office of Commissioner shall be the same salary as if he were employed in the civil service of the State as a Permanent Secretary.
3
The provisions of Schedule 1 to this Act shall have effect with respect to the pensions and other benefits to be paid to or in respect of persons who have held office as Commissioner.
4
The salary payable to a holder of the office of Commissioner shall be abated by the amount of any pension payable to him in respect of any public office in the United Kingdom or elsewhere to which he had previously been appointed or elected; . . . F5
F64A
In computing the salary of a former holder of the office of Commissioner for the purposes of the said Schedule 1—
a
any abatement of that salary under subsection (4) above,
b
any temporary abatement of that salary in the national interest, and
c
any voluntary surrender of that salary in whole or in part,
shall be disregarded.
5
Any salary, pension or other benefit payable by virtue of this section shall be charged on and issued out of the Consolidated Fund.
3 Administrative provisions.
1
The Commissioner may appoint such officers as he may determine with the approval of the Treasury as to numbers and conditions of service.
C92
Any function of the Commissioner under this Act may be performed by any officer of the Commissioner authorised for that purpose by the Commissioner F7, by any member of the staff so authorised of the Welsh Administration Ombudsman or of the Health Service Commissioner for Wales or by any officer so authorised of the Health Service Commissioner for England or of the Health Service Commissioner for Scotland.
3
The expenses of the Commissioner under this Act, to such amount as may be sanctioned by the Treasury, shall be defrayed out of moneys provided by Parliament.
3AF8 Appointment of acting Commissioner.
1
Where the office of Commissioner becomes vacant, Her Majesty may, pending the appointment of a new Commissioner, appoint a person under this section to act as the Commissioner at any time during the period of twelve months beginning with the date on which the vacancy arose.
2
A person appointed under this section shall hold office during Her Majesty’s pleasure and, subject to that, shall hold office—
a
until the appointment of a new Commissioner or the expiry of the period of twelve months beginning with the date on which the vacancy arose, whichever occurs first; and
b
in other respects, in accordance with the terms and conditions of his appointment which shall be such as the Treasury may determine.
3
A person appointed under this section shall, while he holds office, be treated for all purposes, except those of section 2 of this Act, as the Commissioner.
4
Any salary, pension or other benefit payable by virtue of this section shall be charged on and issued out of the Consolidated Fund.
Investigation by the Commissioner
4F9 Departments etc. subject to investigation.
1
Subject to the provisions of this section and to the notes contained in Schedule 2 to this Act, this Act applies to the government departments, corporations and unincorporated bodies listed in that Schedule; and references in this Act to an authority to which this Act applies are references to any such corporation or body.
2
Her Majesty may by Order in Council amend Schedule 2 to this Act by the alteration of any entry or note, the removal of any entry or note or the insertion of any additional entry or note.
3
An Order in Council may only insert an entry if—
a
it relates—
i
to a government department; or
ii
to a corporation or body whose functions are exercised on behalf of the Crown; or
b
it relates to a corporation or body—
i
which is established by virtue of Her Majesty’s prerogative or by an Act of Parliament or an Order in Council or order made under an Act of Parliament or which is established in any other way by a Minister of the Crown in his capacity as a Minister or by a government department;
ii
at least half of whose revenues derive directly from money provided by Parliament, a levy authorised by an enactment, a fee or charge of any other description so authorised or more than one of those sources; and
iii
which is wholly or partly constituted by appointment made by Her Majesty or a Minister of the Crown or government department.
F103A
No entry shall be made if the result of making it would be that the Parliamentary Commissioner could investigate action which can be investigated by the Welsh Administration Ombudsman under Schedule 9 to the Government of Wales Act 1998.
F113B
No entry shall be made in respect of–
a
the Scottish Administration of any part of it;
b
any Scottish public authority with mixed functions or no reserved functions within the meaning of the Scotland Act 1998; or
c
the Scottish Parliamentary Corporate Body.
4
No entry shall be made in respect of a corporation or body whose sole activity is, or whose main activities are, included among the activities specified in subsection (5) below.
5
The activities mentioned in subsection (4) above are—
a
the provision of education, or the provision of training otherwise than under the M1Industrial Training Act 1982;
b
the development of curricula, the conduct of examinations or the validation of educational courses;
c
the control of entry to any profession or the regulation of the conduct of members of any profession;
d
the investigation of complaints by members of the public regarding the actions of any person or body, or the supervision or review of such investigations or of steps taken following them.
6
No entry shall be made in respect of a corporation or body operating in an exclusively or predominantly commercial manner or a corporation carrying on under national ownership an industry or undertaking or part of an industry or undertaking.
7
Any statutory instrument made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
8
In this Act—
a
any reference to a government department to which this Act applies includes a reference to any of the Ministers or officers of such a department; and
b
any reference to an authority to which this Act applies includes a reference to any members or officers of such an authority.
C105 Matters subject to investigation.
1
Subject to the provisions of this section, the Commissioner may investigate any action taken by or on behalf of a government department or other authority to which this Act applies, being action taken in the exercise of administrative functions of that department or authority, in any case where—
a
a written complaint is duly made to a member of the House of Commons by a member of the public who claims to have sustained injustice in consequence of maladministration in connection with the action so taken; and
b
the complaint is referred to the Commissioner, with the consent of the person who made it, by a member of that House with a request to conduct an investigation thereon.
2
Except as hereinafter provided, the Commissioner shall not conduct an investigation under this Act in respect of any of the following matters, that is to say—
C11a
any action in respect of which the person aggrieved has or had a right of appeal, reference or review to or before a tribunal constituted by or under any enactment or by virtue of Her Majesty’s prerogative;
C12b
any action in respect of which the person aggrieved has or had a remedy by way of proceedings in any court of law:
Provided that the Commissioner may conduct an investigation notwithstanding that the person aggrieved has or had such a right or remedy if satisfied that in the particular circumstances it is not reasonable to expect him to resort or have resorted to it.
F122A
Subsection (2)(a) of this section shall have effect in relation to the right of a person to make a complaint of unlawful discrimination under the Fair Employment and Treatment (Northern Ireland) Order 1998 as if it were such a right of appeal, reference or review as is mentioned in that subsection.
3
Without prejudice to subsection (2) of this section, the Commissioner shall not conduct an investigation under this Act in respect of any such action or matter as is described in Schedule 3 to this Act.
4
Her Majesty may by Order in Council amend the said Schedule 3 so as to exclude from the provisions of that Schedule such actions or matters as may be described in the Order; and any statutory instrument made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
5
In determining whether to initiate, continue or discontinue an investigation under this Act, the Commissioner shall, subject to the foregoing provisions of this section, act in accordance with his own discretion; and any question whether a complaint is duly made under this Act shall be determined by the Commissioner.
F135A
For the purposes of this section, administrative functions of a government department to which this Act applies include functions exercised by the department on behalf of the Scottish Ministers by virtue of section 93 of the Scotland Act 1998.
5B
The Commissioner shall not conduct an investigation under this Act in respect of any action concerning Scotland and not relating to reserved matters which is taken by or on behalf of a cross-border public authority within the meaning of the Scotland Act 1998.
F146
For the purposes of this section, administrative functions exercisable by any person appointed by the Lord Chancellor as a member of the administrative staff of any court or tribunal shall be taken to be administrative functions of the Lord Chancellor’s Department or, in Northern Ireland, of the Northern Ireland Court Service.
F157
For the purposes of this section, administrative functions exercisable by any person appointed as a member of the administrative staff of a relevant tribunal—
a
by a government department or authority to which this Act applies; or
b
with the consent (whether as to remuneration and other terms and conditions of service or otherwise) of such a department or authority,
shall be taken to be administrative functions of that department or authority.
8
In subsection (7) of this section, “relevant tribunal” means a tribunal listed in Schedule 4 to this Act.
9
Her Majesty may by Order in Council amend the said Schedule 4 by the alteration or removal of any entry or the insertion of any additional entry; and any statutory instrument made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F169A
No entry shall be made in the said Schedule 4 in respect of the holder of any office in the Scottish Administration which is not a ministerial office or in respect of any Scottish public authority with mixed functions or no reserved functions within the meaning of the Scotland Act 1998.
6 Provisions relating to complaints.
1
A complaint under this Act may be made by any individual, or by any body of persons whether incorporated or not, not being—
a
a local authority or other authority or body constituted for purposes of the public service or of local government or for the purposes of carrying on under national ownership any industry or undertaking or part of an industry or undertaking;
F17b
any other authority or body within subsection (1A) below.
1A
An authority or body is within this subsection if–
a
its members are appointed by–
i
Her Majesty;
ii
any Minister of the Crown;
iii
any government department;
iv
the Scottish Ministers;
v
the First Minister; or
vi
the Lord Advocate, or
b
its revenues consist wholly or mainly of–
i
money provided by Parliament; or
ii
sums payable out of the Scottish Consolidated Fund (directly or indirectly).
2
Where the person by whom a complaint might have been made under the foregoing provisions of this Act has died or is for any reason unable to act for himself, the complaint may be made by his personal representative or by a member of his family or other individual suitable to represent him; but except as aforesaid a complaint shall not be entertained under this Act unless made by the person aggrieved himself.
C133
A complaint shall not be entertained under this Act unless it is made to a member of the House of Commons not later than twelve months from the day on which the person aggrieved first had notice of the matters alleged in the complaint; but the Commissioner may conduct an investigation pursuant to a complaint not made within that period if he considers that there are special circumstances which make it proper to do so.
4
F18Except as provided in subsection (5) below A complaint shall not be entertained under this Act unless the person aggrieved is resident in the United Kingdom (or, if he is dead, was so resident at the time of his death) or the complaint relates to action taken in relation to him while he was present in the United Kingdom or on an installation in a designated area within the meaning of the M2Continental Shelf Act 1964 or on a ship registered in the United Kingdom or an aircraft so registered, or in relation to rights or obligations which accrued or arose in the United Kingdom or on such an installation, ship or aircraft.
F195
A complaint may be entertained under this Act in circumstances not falling within subsection (4) above where—
a
the complaint relates to action taken in any country or territory outside the United Kingdom 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; and
b
the person aggrieved is a citizen of the United Kingdom and Colonies who, under section 2 of the M3Immigration Act 1971, has the right of abode in the United Kingdom.
7 Procedure in respect of investigations. C14
1
Where the Commissioner proposes to conduct an investigation pursuant to a complaint under this Act, he shall afford to the principal officer of the department or authority concerned, and to any other person who is alleged in the complaint to have taken or authorised the action complained of, an opportunity to comment on any allegations contained in the complaint.
2
Every such investigation shall be conducted in private, but except as aforesaid the procedure for conducting an investigation shall be such as the Commissioner considers appropriate in the circumstances of the case; and without prejudice to the generality of the foregoing provision the Commissioner may obtain information from such persons and in such manner, and make such inquiries, as he thinks fit, and may determine whether any person may be represented, by counsel or solicitor or otherwise, in the investigation.
3
The Commissioner may, if he thinks fit, pay to the person by whom the complaint was made and to any other person who attends or furnishes information for the purposes of an investigation under this Act—
a
sums in respect of expenses properly incurred by them;
b
allowances by way of compensation for the loss of their time,
in accordance with such scales and subject to such conditions as may be determined by the Treasury.
4
The conduct of an investigation under this Act shall not affect any action taken by the department or authority concerned, or any power or duty of that department or authority to take further action with respect to any matters subject to the investigation; but where the person aggrieved has been removed from the United Kingdom under any Order in force under the M4Aliens Restriction Acts 1914 M5and 1919 or under F20the M6Immigration Act 1971, he shall, if the Commissioner so directs, be permitted to re-enter and remain in the United Kingdom, subject to such conditions as the Secretary of State may direct, for the purposes of the investigation.
8 Evidence. C15
1
For the purposes of an investigation under this Act the Commissioner may require any Minister, officer or member of the department or authority concerned or any other person who in his opinion is able to furnish information or produce documents relevant to the investigation to furnish any such information or produce any such document.
2
For the purposes of any such investigation the Commissioner shall have the same powers as the Court in respect of the attendance and examination of witnesses (including the administration of oaths or affirmations and the examination of witnesses abroad) and in respect of the production of documents.
3
No obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to persons in Her Majesty’s service, whether imposed by any enactment or by any rule of law, shall apply to the disclosure of information for the purposes of an investigation under this Act; and the Crown shall not be entitled in relation to any such investigation to any such privilege in respect of the production of documents or the giving of evidence as is allowed by law in legal proceedings.
4
No person shall be required or authorised by virtue of this Act to furnish any information or answer any question relating to proceedings of the Cabinet or of any committee of the Cabinet or to produce so much of any document as relates to such proceedings; and for the purposes of this subsection a certificate issued by the Secretary of the Cabinet with the approval of the Prime Minister and certifying that any information, question, document or part of a document so relates shall be conclusive.
5
Subject to subsection (3) of this section, no person shall be compelled for the purposes of an investigation under this Act to give any evidence or produce any document which he could not be compelled to give or produce in F21civil proceedings before the Court.
9 Obstruction and contempt. C16
1
If any person without lawful excuse obstructs the Commissioner or any officer of the Commissioner in the performance of his functions under this Act, or is guilty of any act or omission in relation to an investigation under this Act which, if that investigation were a proceeding in the Court, would constitute contempt of court, the Commissioner may certify the offence to the Court.
2
Where an offence is certified under this section, the Court may inquire into the matter and, after hearing any witnesses who may be produced against or on behalf of the person charged with the offence, and after hearing any statement that may be offered in defence, deal with him in any manner in which the Court could deal with him if he had committed the like offence in relation to the Court.
3
Nothing in this section shall be construed as applying to the taking of any such action as is mentioned in subsection (4) of section 7 of this Act.
10 Reports by Commissioner.
1
In any case where the Commissioner conducts an investigation under this Act or decides not to conduct such an investigation, he shall send to the member of the House of Commons by whom the request for investigation was made (or if he is no longer a member of that House, to such member of that House as the Commissioner thinks appropriate) a report of the results of the investigation or, as the case may be, a statement of his reasons for not conducting an investigation.
2
In any case where the Commissioner conducts an investigation under this Act, he shall also send a report of the results of the investigation to the principal officer of the department or authority concerned and to any other person who is alleged in the relevant complaint to have taken or authorised the action complained of.
3
If, after conducting an investigation under this Act, it appears to the Commissioner that injustice has been caused to the person aggrieved in consequence of maladministration and that the injustice has not been, or will not be, remedied, he may, if he thinks fit, lay before each House of Parliament a special report upon the case.
4
The Commissioner shall annually lay before each House of Parliament a general report on the performance of his functions under this Act and may from time to time lay before each House of Parliament such other reports with respect to those functions as he thinks fit.
5
For the purposes of the law of defamation, any such publication as is hereinafter mentioned shall be absolutely privileged, that is to say—
a
the publication of any matter by the Commissioner in making a report to either House of Parliament for the purposes of this Act;
b
the publication of any matter by a member of the House of Commons in communicating with the Commissioner or his officers for those purposes or by the Commissioner or his officers in communicating with such a member for those purposes;
c
the publication by such a member to the person by whom a complaint was made under this Act of a report or statement sent to the member in respect of the complaint in pursuance of subsection (1) of this section;
d
the publication by the Commissioner to such a person as is mentioned in subsection (2) of this section of a report sent to that person in pursuance of that subsection.
11 Provision for secrecy of information. C17
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22
C182
Information obtained by the Commissioner or his officers in the course of or for the purposes of an investigation under this Act shall not be disclosed except—
a
for the purposes of the investigation and of any report to be made thereon under this Act;
b
for the purposes of any proceedings for an offence under F23the Official Secrets Acts 1911 to 1989 alleged to have been committed in respect of information obtained by the Commissioner or any of his officers by virtue of this Act or for an offence of perjury alleged to have been committed in the course of an investigation under this Act or for the purposes of an inquiry with a view to the taking of such proceedings; or
c
for the purposes of any proceedings under section 9 of this Act;
and the Commissioner and his officers shall not be called upon to give evidence in any proceedings (other than such proceedings as aforesaid) of matters coming to his or their knowledge in the course of an investigation under this Act.
F24C192A
Where the Commissioner also holds office as F54Welsh Administration Ombudsman or a Health Service Commissioner and a person initiates a complaint to him in his capacity as F55Welsh Administration Ombudsman or a Health Service Commissioner which relates partly to a matter with respect to which that person has previously initiated a complaint under this Act, or subsequently initiates such a complaint, information obtained by the Commissioner or his officers in the course of or for the purposes of investigating the complaint under this Act may be disclosed for the purposes of his carrying out his functions in relation to the other complaint.
3
A Minister of the Crown may give notice in writing to the Commissioner, with respect to any document or information specified in the notice, or any class of documents or information so specified, that in the opinion of the Minister the disclosure of that document or information, or of documents or information of that class, would be prejudicial to the safety of the State or otherwise contrary to the public interest; and where such a notice is given nothing in this Act shall be construed as authorising or requiring the Commissioner or any officer of the Commissioner to communicate to any person or for any purpose any document or information specified in the notice, or any document or information of a class so specified.
4
The references in this section to a Minister of the Crown include references to the Commissioners of Customs and Excise and the Commissioners of Inland Revenue.
F255
Information obtained from the Information Commissioner by virtue of section 76(1) of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (2) of this section as obtained for the purposes of an investigation under this Act and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation.
11AF26 Consultations between Parliamentary Commissioner and F56Welsh Administration Ombudsman or Health Service Commissioners.
1
Where, at any stage in the course of conducting an investigation under this Act, the Commissioner forms the opinion that the complaint relates partly to a matter within the jurisdiction of F57the Welsh Administration Ombudsman or of the Health Service Commissioner for England, Wales or Scotland, he shall—
a
unless he also holds F27the office concerned, consult about the complaint with him; and
C202
Where by virtue of subsection (1) above the Commissioner consults with the F58Welsh Administration Ombudsman or a Health Service Commissioner in relation to a complaint under this Act, he may consult him about any matter relating to the complaint, including—
a
the conduct of any investigation into the complaint; and
b
the form, content and publication of any report of the results of such an investigation.
3
Nothing in section 11(2) of this Act shall apply in relation to the disclosure of information by the Commissioner or any of his officers in the course of consultations held in accordance with this section.
F3211ZAACollaborative working between the Parliamentary Commissioner and other Commissioners
1
If at any stage in the course of conducting an investigation under this Act the Commissioner forms the opinion that the complaint relates partly to a matter within the jurisdiction of —
a
the Health Service Commissioner for England,
b
a Local Commissioner, or
c
both,
he may, subject to subsection (2) of this section, conduct an investigation under this Act jointly with that Commissioner or those Commissioners.
2
The Commissioner must obtain the consent of the person aggrieved or any person acting on his behalf in accordance with subsection (2) of section 6 of this Act before agreeing to a joint investigation referred to in subsection (1) of this section.
3
If the Commissioner forms the opinion that a complaint which is being investigated by—
a
the Health Service Commissioner for England,
b
a Local Commissioner, or
c
both,
relates partly to a matter within his jurisdiction, he may, subject to subsection (4) of this section, conduct an investigation under this Act jointly with that Commissioner or those Commissioners.
4
The Commissioner may not investigate a complaint jointly with another person under subsection (3) of this section unless the complaint has been made in accordance with section 5 of this Act.
5
If the Commissioner conducts an investigation of a complaint jointly with another person, the requirements of section 10 (so far as relating to a case where the Commissioner conducts an investigation under this Act) may be satisfied by a report made jointly with that person.
6
Apart from identifying the government department or other authority concerned, a report prepared by virtue of subsection (5) of this section by the Commissioner and a Local Commissioner shall not—
a
mention the name of any person, or
b
contain any particulars which, in the opinion of the Commissioner and the Local Commissioner, are likely to identify any person,
unless, after taking into account the public interest as well as the interests of the complainant and of persons other than the complainant, the Commissioner and the Local Commissioner consider it necessary to mention the name of that person or to include in the report any such particulars.
7
Nothing in subsection (6) of this section prevents a report—
a
mentioning the name of, or
b
containing particulars likely to identify,
the Mayor of London or any member of the London Assembly.
11AAF30 Disclosure of information by Parliamentary Commissioner to Information Commissioner.
1
The Commissioner may disclose to the Information Commissioner any information obtained by, or furnished to, the Commissioner under or for the purposes of this Act if the information appears to the Commissioner to relate to—
a
a matter in respect of which the Information Commissioner could exercise any power conferred by—
i
Part V of the Data Protection Act 1998 (enforcement),
ii
section 48 of the Freedom of Information Act 2000 (practice recommendations), or
iii
Part IV of that Act (enforcement), or
b
the commission of an offence under—
i
any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
ii
section 77 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
2
Nothing in section 11(2) of this Act shall apply in relation to the disclosure of information in accordance with this section.
11BF31 The Criminal Injuries Compensation Scheme.
1
For the purposes of this Act, administrative functions exercisable by an administrator of the Criminal Injuries Compensation Scheme (“Scheme functions”) shall be taken to be administrative functions of a government department to which this Act applies.
2
For the purposes of this section, the following are administrators of the Scheme—
a
a claims officer appointed under section 3(4)(b) of the Criminal Injuries Compensation Act 1995;
b
a person appointed under section 5(3)(c) of that Act;
c
the Scheme manager, as defined by section 1(4) of that Act, and any person assigned by him to exercise functions in relation to the Scheme.
3
The principal officer in relation to any complaint made in respect of any action taken in respect of Scheme functions is—
C21a
in the case of action taken by a claims officer, such person as may from time to time be designated by the Secretary of State for the purposes of this paragraph;
b
in the case of action taken by a person appointed under section 5(3)(c) of the Act of 1995, the chairman appointed by the Secretary of State under section 5(3)(b) of that Act; or
c
in the case of action taken by the Scheme manager or by any other person mentioned in subsection (2)(c) of this section, the Scheme manager.
4
The conduct of an investigation under this Act in respect of any action taken in respect of Scheme functions shall not affect—
a
any action so taken; or
b
any power or duty of any person to take further action with respect to any matters subject to investigation.
Supplemental
12 Interpretation.
1
In this Act the following expressions have the meanings hereby respectively assigned to them, that is to say—
“action” includes failure to act, and other expressions connoting action shall be construed accordingly;
“the Commissioner” means the Parliamentary Commissioner for Administration;
“the Court” means, in relation to England and Wales the High Court, in relation to Scotland the Court of Session, and in relation to Northern Ireland the High Court of Northern Ireland;
“enactment” includes an enactment of the Parliament of Northern Ireland, and any instrument made by virtue of an enactment;
“officer” includes employee;
“person aggrieved” means the person who claims or is alleged to have sustained such injustice as is mentioned in section 5(1)(a) of this Act;
“tribunal” includes the person constituting a tribunal consisting of one person.
2
References in this Act to any enactment are references to that enactment as amended or extended by or under any other enactment.
3
It is hereby declared that nothing in this Act authorises or requires the Commissioner to question the merits of a decision taken without maladministration by a government department or other authority in the exercise of a discretion vested in that department or authority.
13 Application to Northern Ireland. C22
1
Subject to the provisions of this section, this Act extends to Northern Ireland.
2
Nothing in this section shall be construed as authorising the inclusion among the departments and authorities to which this Act applies of any department of the Government of Northern Ireland, or any authority F33or body established by or with the authority of the Parliament of Northern Ireland; but this Act shall apply to any such department F34authority or body, in relation to any action taken by them as agent for a department or authority to which this Act applies, as it applies to the last-mentioned department or authority.
3
In section 6 of this Act the references to a Minister of the Crown or government department and to Parliament shall include references to a Minister or department of the Government of Northern Ireland and to the Parliament of Northern Ireland.
4
In section 8 of this Act the references to the Cabinet shall F35include references to the Executive Committee of the Assembly, and in relation to that Committee for the reference to the Prime Minister there shall be substituted a reference to the First Minister and deputy First Minister acting jointly
14 Short title and commencement.
1
This Act may be cited as the Parliamentary Commissioner Act 1967.
C232
This Act shall come into force on such date as Her Majesty may by Order in Council appoint.
3
A complaint under this Act may be made in respect of matters F36whenever arising; and for the purposes of subsection (3) of section 6 of this Act any time elapsing between the date of the passing and the date of the commencement of this Act (but not any time before the first of those dates) shall be disregarded.
SCHEDULES
F39C28SCHEDULE 1 Pensions and other benefits
Sch. 1 (paras. 1-10) substituted (31.3.1995) for Sch. 1 (paras. 1-5) by 1993 c. 8, ss. 25, 31(2), Sch. 4 Pt. II para.2; S.I. 1995/631, art. 2
Sch. 1 (as substituted by 1993 c. 8) extended (5.2.1994) by 1993 c. 46, ss. 1(3), 22(4), Sch. 1 para.7
Sch. 1 (as substituted by 1993 c. 8) modified (5.2.1994) by 1993 c. 46, ss. 1(3), 22(4), Sch. 1 paras.8, 9(5)
Sch. 1 (as substituted by 1993 c. 8): power to modify conferred (5.2.1994) by 1993 c. 46, ss. 1(3), 22(4), Sch. 1 para. 9(2)
Sch. 1 (as substituted by 1993 C. 8): functions transferred (1.4.1995) by 1995/269, art. 3, Sch. para. 3
Persons taking office after the appointed day
C241
A person who first holds office as the Commissioner on or after the appointed day shall be entitled, if he was a member of a judicial pension scheme immediately before he first holds that office, to elect between—
a
the scheme of pensions and other benefits under that judicial pension scheme (his “former scheme”);
b
(if different from his former scheme) the scheme of pensions and other benefits constituted by Part I of the 1993 Act (“the 1993 scheme”); and
c
the scheme of pensions and other benefits applicable under section 1 of the Superannuation Act 1972 to the civil service of the State (“the civil service scheme”);
and, if he is not entitled to make an election under this paragraph, or if he is so entitled but fails to make such an election, he shall be treated as if he had been so entitled and had elected for the civil service scheme.
Transitional provision for persons appointed before the appointed day
C252
1
If a person who held the office of Commissioner before the appointed day has made an election under the former enactments for the old judicial scheme, he shall be entitled to make an election under this sub-paragraph between—
a
the old judicial scheme; and
b
the 1993 scheme;
and, if he fails to make an election under this sub-paragraph, he shall be taken to have elected for the old judicial scheme.
2
If a person who held the office of Commissioner before the appointed day—
a
has made an election under the former enactments for the civil service scheme, or
b
has failed to make an election under those enactments (so that he is taken to have elected for the civil service scheme),
he shall be treated as if he had been entitled to make an election under this Schedule and had elected for the civil service scheme.
Effect of election to continue in former scheme
3
Where a person elects under this Schedule for his former scheme, that scheme shall, subject to regulations under this Schedule, apply as if his service as Commissioner were service which was subject, in his case, to that scheme.
Effect of election for the 1993 scheme
C264
1
A person who elects under paragraph 1(b) or 2(1)(b) above for the 1993 scheme, shall be entitled, when he ceases to hold office as Commissioner, to a pension under Part I of the 1993 Act at the appropriate annual rate (within the meaning of that Act) if he has held that office for at least 5 years and either—
a
he has attained the age of 65; or
b
he is disabled by permanent infirmity for the performance of the duties of the office;
and, subject to the following provisions of, and regulations under, this Schedule, the provisions of Part I of that Act (other than sections 1(1) to (4) and 2) and of sections 19, 20 and 23 of, and Schedule 2 to, that Act (which provide for benefits in respect of earnings in excess of pension-capped salary, appeals and transfer of accrued rights) shall apply in relation to him and his service in the office of Commissioner as they apply in relation to a person to whom Part I of that Act applies.
2
Subject to regulations under this Schedule, in the application of provisions of the 1993 Act by virtue of sub-paragraph (1) above, a person who elects for the 1993 scheme shall be treated—
a
as if the office of Commissioner were a qualifying judicial office (within the meaning of that Act) by virtue of inclusion among the offices specified in Part I of Schedule 1 to that Act;
b
as if his election under this Schedule were an election such as is mentioned in paragraph (d) of section 1(1) of that Act (so that, in particular, section 12 of that Act, which provides for the transfer of accrued rights into the scheme, applies);
c
as if his pension by virtue of this Schedule were a pension under section 2 of that Act (and, accordingly, a judicial pension, within the meaning of that Act); and
d
for the purpose of determining, in the event of his death, the rate of any surviving spouse’s or children’s pension payable under sections 5 to 8 of that Act in respect of his service as Commissioner, as if references in those sections to the annual rate of the deceased’s judicial pension were references—
i
where a pension had commenced to be paid to him by virtue of sub-paragraph (1) above, to the appropriate annual rate of that pension; or
ii
where no such pension had commenced to be paid to him, to the rate that would have been the appropriate annual rate of the pension payable to him by virtue of sub-paragraph (1)(b) above, had he not died, but been disabled by permanent infirmity for the performance of the duties of his office on and after the date of death;
and, in the application of that Act to the Commissioner (whether by virtue of paragraph 1(a) or (b) or 2(1)(b) above) the references to the appropriate Minister in sections 13 (election for personal pension), 19 (benefits in respect of earnings in excess of pension-capped salary) and 20 (appeals) of, and Schedule 2 (transfer of accrued rights) to, that Act shall be taken as references to the Treasury and the power conferred by paragraph 2 of that Schedule to make regulations shall be exercisable by the Treasury.
Effect of election for, or to continue in, the civil service scheme
5
Where a person elects under this Schedule for the civil service scheme, the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall, subject to regulations under this Schedule, apply as if his service as Commissioner were service in employment in the civil service of the State.
Effect of election to continue in the old judicial scheme
6
Where a person elects under this Schedule for the old judicial scheme, that scheme and the former enactments shall, subject to regulations under this Schedule, continue to have effect in relation to him and his service in the office of Commissioner.
Time for, and manner of, election
7
Any power to make an election under this Schedule shall be exercisable within such time and in such manner as may be prescribed in regulations under this Schedule.
Regulations
C278
1
The Treasury may make regulations for purposes supplementary to the other provisions of this Schedule.
2
Any such regulations may, without prejudice to section 38 or 39A of the Superannuation Act 1965 (employment in more than one public office), make special provision with respect to the pensions and other benefits payable to or in respect of a person to whom—
a
his former scheme,
b
the 1993 scheme,
c
the civil service scheme, or
d
the old judicial scheme,
applies, or has applied, in respect of any service other than service as Commissioner.
3
The provision that may be made by virtue of sub-paragraph (2) above includes provision—
a
for aggregating—
i
other service falling within his former scheme, the 1993 scheme or the old judicial scheme with service as Commissioner, or
ii
service as Commissioner with such other service,
for the purpose of determining qualification for, or entitlement to, or the amount of, benefit under the scheme in question;
b
for increasing the amount of the benefit payable under any of the schemes mentioned in paragraph (a)(i) above, in the case of a person to whom that scheme applied in respect of an office held by him before appointment as Commissioner, up to the amount that would have been payable under that scheme if he had retired from that office on the ground of permanent infirmity immediately before his appointment.
4
Any statutory instrument made by virtue of this Schedule shall be subject to annulment in pursuance of a resolution of the House of Commons.
Pensions and benefits to be charged on the Consolidated Fund
9
Any pension or other benefit granted by virtue of this Schedule shall be charged on, and issued out of, the Consolidated Fund.
Interpretation
10
In this Schedule—
“the 1981 Act” means the Judicial Pensions Act 1981;
“the 1993 Act” means the Judicial Pensions and Retirement Act 1993;
“the appointed day” means the day on which Part II of Schedule 4 to the 1993 Act comes into force;
“the former enactments” means Schedule 1 to this Act, as it had effect from time to time before the appointed day;
“judicial pension scheme” means any public service pension scheme, as defined in—
- a
F37section 1 of the Pension Schemes Act 1993, or
- b
F38section 1 of the Pension Schemes (Northern Ireland) Act 1993,
under which pensions and other benefits are payable in respect of service in one or more qualifying judicial offices, within the meaning of the 1993 Act, but does not include the civil service scheme;
- a
“the old judicial scheme” means the statutory scheme of pensions and other benefits applicable under or by virtue of the 1981 Act to the judicial offices listed in section 1 of that Act.
F59X1F60C37SCHEDULE 2 Departments Etc. Subject to Investigation
Sch. 2: due to the large number of entries contained in Sch. 2 and the frequency with which it has been amended, no separate versions are retained in respect of amendments coming into force after 25.11.2002 or which are not yet in force. Historic information relating to all such amendments is reflected in the current version (except that text replaced by substituted words or entries is not reproduced in the current version but is preserved in preceding versions).
Sch. 2 substituted (14.3.2005) by The Parliamentary Commissioner Order 2005 (S. I. 2005/249), art. 2, Sch. 1
Sch. 2 substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 1(2), Sch. 1
Sch. 2 amended (6.11.2000) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 10; S.I. 2000/2957, art. 2(1), Sch. 1
F180Adult Learning Inspectorate
F62Advisory Committee on Novel Foods and Processes
Advisory, Conciliation and Arbitration Service.
F182Advisory Council on Historical Manuscripts
F183Advisory Council on National Records and Archives
F62Advisory Council on Public Records
F62Agricultural Dwelling House Advisory Committees
F63Agricultural Wages Board for England and Wales
Agricultural wages committees.
F64Ministry of Agriculture, Fisheries and Food
F63Alcohol Education and Research Council
F65Arts Council of England
F66Arts Council of Wales (Cyngor Celfyddydau Cymru)
F185Arts Council of Great Britain.F67Scottish Arts Council
F68Director of the Assets Recovery Agency.
F186The Arts and Humanities Research Council.
F62Authorised Conveyancing Practitioners Board
F62Boundary Commission for Northern Ireland
F63Britain-Russia Centre and the British East-West Centre
F63British Association for Central and Eastern Europe
British Council.
F62British Educational Communications and Technology Agency
F62British Hallmaking Council
British Library Board.
F62British Museum
F62British Potato Council
F62British Tourist Authority
F69Building Societies Commission.
F63Cabinet Office
Central Police Training and Development Authority
Certification Officer.
F72F71Central Statistical Office of the Chancellor of the Exchequer
Charity Commission.
F72Children and Family Court Advisory and Support Service.
F62Civil Aviation Authority
F62Civil Justice Council
F188Civil Service Commission.F190Commission for Healthcare Audit and Inspection.
F75The Commission for Patient and Public Involvement in Health.
F192Commission for Social Care Inspection.
F76
F193Commissioner for Protection Against Unlawful Industrial ActionF62Committee for Monitoring Agreements on Tobacco Advertising and Sponsorship
F62Committee on Standards in Public Life
F77Commonwealth InstituteF62Commonwealth Scholarship Commission in the United Kingdom
F62Community Development Foundation
F63Competition Commission
F197F62 Consumers’ Committee for Great Britain under the Agricultural Marketing Act 1958F78Coal Authority.
Co-operative Development Agency.
F79Countryside Agency
F80Countryside Commission for Scotland
F81Countryside Council for Wales.
F198Crafts Council.F82Crofters Commission
Crown Estate Office.
F83Department for Culture, Media, and Sport.
Customs and Excise.
F86Deer Commission for Scotland
Ministry of Defence.
F62Design Council
Development Commission.
F87 Disability Rights Commission
F199Disabled Persons Transport Advisory Committee
F88United Kingdom Ecolabelling Board
F89The Department for Education and Employment.
F90Education Assets Board.
F91Department for Education
F92 Department for Education and Skills
Central Bureau for Educational Visits and Exchanges.
F93Electoral Commission.
F96Department of Employment
F97Department of Energy
F98Department of the Environment
F99 Department for Environment, Food and Rural Affairs
F100Department for Transport
F101Department for Work and Pensions
F102English National Board for Nursing, Midwifery and Health Visiting
F103English Nature
F104F105The Department of the Environment, Transport and the Regions.
F106Environment Agency
F106Scottish Environment Protection Agency
Equal Opportunities Commission.
Export Credits Guarantee Department.
F107Office of the Director General of Fair Trading.British Film Institute.
F62Fleet Air Arm Museum
F62Food from Britain
F108Food Standards Agency
F62Football Licensing Authority
Foreign and Commonwealth Office.
Forestry Commission.
F69Registry of Friendly Societies.
F63Gaming Board for Great Britain
F203Gangmasters Licensing Authority
F110Gas and Electricity Consumer Council.
F110Gas and Electricity Markets Authority.
F94Office of the Director General of Gas Supply.
F62Geffrye Museum
F62Gene Therapy Advisory Committee
F111General Social Care Council.
F61General Teaching Council for Scotland
F204Government Actuary’s Department.
F112Department of Health.
F205Health Protection Agency.
Health and Safety Commission.
Health and Safety Executive.
. . . F113
F114Highlands and Islands Development Board
F62Higher Education Funding Council for England
Historic Buildings and Monuments Commission for England.
F62Historic Royal Palaces
F62Home-Grown Cereals Authority
Home Office.
F62Horniman Museum and Gardens
F206Horserace Betting Levy Board.F62Horticultural Development Council
Housing Corporation.
F115Housing for Wales
F116Human Fertilisation and Embryology Authority.
F117The Immigration Services Commissioner
F62Imperial War Museum
F207The Independent Regulator of NHS Foundation Trusts.
Central Office of Information.
F118Information Commissioner.
Inland Revenue.
F119Department for International Developement.
F120 Intervention Board for Agricultural Produce.
F62Investors in People UK
F62Joint Nature Conservation Committee
Land Registry.
F208Learning and Skills Council for England
F121Legal Aid Board
F122Scottish Legal Aid Board.
F123Legal Services Commission
F124The Legal Services Complaints Commissioner
The following general lighthouse authorities—
(a) the Corporation of the Trinity House of Deptford Strond;
(b) the Commissioners of Northern Lighthouses.
F61Local Government Boundary Commission for Scotland
F62
F211 Lord Chancellor’s Advisory Committee on Legal Education and ConductF212The Department for Constitutional Affairs
Lord President of the Council’s Office.
. . . F126
. . . F127
F62Marshall Aid Commemoration Commission
F62Meat and Livestock Commission
F128Medical Practices Committee.
F129Scottish Medical Practices Committee.
F62Medical Workforce Standing Advisory Committee
F94F62Merseyside and North Wales Region Electricity Consumers’ Committee
F62Milk Development Council
F62Millennium Commission
F130Monopolies and Mergers Commission
F213Museums and Galleries Commission.F62Museum of London
F62Museum of Science and Industry in Manchester
F62National Army Museum
F62National Biological Standards Board (UK)
F215The National Community Forum
F62National Consumer Council
National Debt Office.
F62National Employers’ Liaison Committee
F62National Endowment for Science, Technology and the Arts
F62National Forest Company
F61National Galleries of Scotland
F62National Gallery
F61National Library of Scotland
F61National Museums of Scotland
F132National Rivers Authority
F133Department of National Heritage.
Trustees of the National Heritage Memorial Fund.
F134Office of the Director General of the National Lottery
F135National Lottery Commission
F62National Lottery Charities Board
F217Department for National Savings.F136Scottish Natural Heritage.
F62National Maritime Museum
F62National Museum of Science and Industry
F62National Museums and Galleries on Merseyside
F62National Portrait Gallery
F62National Radiological Protection Board
F62Natural History Museum
Nature Conservancy Council.
F139Nature Conservancy Council for Scotland
F62New Millennium Experience Company Ltd
F62New Opportunities Fund
Commission for the New Towns.
F218Development corporations for new towns.F94F63North of Scotland Region Electricity Consumers’ Committee
Northern Ireland Court Service.
F62Northern Ireland Human Rights Commission
F219The Northern Ireland Legal Services Commission
Northern Ireland Office.
F140Northern Ireland Policing Board
F220Nuclear Decommissioning Authority.
F141The Occupational Pensions Regulatory Authority
F62Oil and Pipelines Agency
F222The Office of Communications
F62Parole Board
F61Parole Board for Scotland
F142The Pensions Compensation Board
Ordnance Survey.
F71Office of Population Censuses and Surveys
F143Consumer Council for Postal Services
F144Police Information Technology Organisation
F146Postal Services Commission
F62Probation Board for Northern Ireland
Registrar of Public Lending Right.
Public Record Office.
F147 Office of Fair Trading
F150The International Rail Regulator.
Scottish Record Office.
Commission for Racial Equality.
F153Rail Passengers’ Committees.
F153Rail Passengers’ Council.
F70F62Rail Users’ Consultative Committee for Eastern England
F70F62Rail Users’ Consultative Committee for North Eastern England
F70F62Rail Users’ Consultative Committee for North Western England
F70F62Rail Users’ Consultative Committee for Southern England
F70F62Rail Users’ Consultative Committee for Western England
F62Remploy Ltd
F154Red Deer Commission
F129Department of the Registers of Scotland
F129General Register Office, Scotland
F155Agriculture and Food Research Council
F65Biotechnology and Biological Sciences Research Council
F65Council for the Central Laboratory of Research Councils
Economic and Social Research Council.
F65Engineering and Physical Sciences Research Council
Medical Research Council.
Natural Environment Research Council.
F65Particle Physics and Astronomy Research Council
F156Science and Engineering Research Council
F157The International Rail Regulator
F158Regional development agencies
F159(other than the London Development Agency)
F228Office of the Regulator of Community Interest Companies.
Residuary Bodies.
F229Resource: The Council for Museums, Archives and Libraries
F62Reviewing Committee on the Export of Works of Art
F160Office of the Commissioner for the Rights of Trade Union Members
F62Royal Air Force Museum
F62Royal Armouries Museum
F61Royal Botanic Garden, Edinburgh
F62Royal Botanic Gardens, Kew
F62 Royal Commission on Historical Manuscripts
F61Royal Commission on the Ancient and Historical Monuments of Scotland
F62Royal Commission on the Historical Monuments of England
F62Royal Marines Museum
Royal Mint.
F62Royal Naval Museum
F62Royal Navy Submarine Museum
F161Office of Her Majesty’s Chief Inspector of Schools in Wales.
F62Scientific Committee on Tobacco and Health
F61Scottish Agricultural Wages Board
F61Scottish Children’s Reporter Administration
F61Scottish Community Education Council
F61Scottish Consultative Council on the Curriculum
F61Scottish Council for Educational Technology
F129Scottish Courts Administration.
F162Scottish Environmental Protection Agency
F61Scottish Further Education Funding Council
F61Scottish Further Education Unit
F61Scottish Higher Education Funding Council
F163Scottish Homes.
Scottish Office.
F61Scottish Qualifications Authority
F61Scottish Screen Ltd
F61Scottish Studentship Selection Committee
F61Scottish Water and Sewerage Customers’ Council
F62Sea Fish Industry Authority
F164Office of the Secretary of State for Scotland
F230Sector Skills Development Agency
F231Security Industry Authority.
F165The Service Authority for the National Crime Squad.
F165The Service Authority for the National Criminal Intelligence Service.
F62Sir John Soane’s Museum
F232Council for Small Industries in Rural Areas.F112Department of Social Security.
F233Central Council for Education and Training in Social Work.F94F62South of Scotland Region Electricity Consumers’ Committee
F234Sports Council.F166English Sports Council
Scottish Sports Council.
F166United Kingdom Sports Council.
F167Sports Council for Wales.
F168
F235The Staff Commission for Wales (Comisiwn Staff Cymru).F169Standards Board for England.
F62Standing Dental Advisory Committee
F62Standing Medical Advisory Committee
F62Standing Nursing and Midwifery Advisory Committee
F62Standing Pharmaceutical Advisory Committee
F236Her Majesty’s Stationery Office
F170Strategic Rail Authority.
F171 The Office for National Statistics.
F62Tate Gallery
F62Teacher Training Agency
F237Office of the Director General of Telecommunications.F62The Great Britain-China Centre
English Tourist Board.
F129Scottish Tourist Board.
F167Wales Tourist Board
Board of Trade.
Department of Trade and Industry.
F239Agricultural Training Board.F240Clothing and Allied Products Industry Training Board.Construction Industry Training Board.
F241Engineering Construction Industry Training Board
F242Hotel and Catering Industry Training Board.F243Plastics Processing Industry Training Board.F244Road Transport Industry Training Board.. . . F172
F98Department of Transport, Local Government and the Regions
F62Treasure Valuation Committee
Treasury.
Treasury Solicitor.
F62United Kingdom Atomic Energy Authority
F246UK Film Council
F62United Kingdom Xenotransplantation Interim Regulatory Authority
F62Unrelated Live Transplant Regulatory Authority
Urban development corporations F174established for urban development areas wholly in England.
F175Urban Regeneration Agency.
F248Valuation Tribunal Service.
F62Victoria and Albert Museum
F176Development Board for Rural Wales
F62Wallace Collection
F62War Pensions Committees
F177Office of the Director General of Water Services.
F178Bwrdd yr Iaith Gymraeg (Welsh Language Board)
F249Wales Office
F62Westminster Foundation for Democracy
F62Wine Standards Board of the Vintners’ Company
F62Women’s National Commission
F179Youth Justice Board
F63Youth Justice Board for England and Wales
NOTES
F251A1
In the case of the Director of the Assets Recovery Agency an investigation under this Act may be conducted only in respect of the exercise of functions vested in him by virtue of a notice served on the Commissioners of Inland Revenue under section 317(2), 321(2) or 322(2) of the Proceeds of Crime Act 2002 (Inland Revenue functions).
A2
The reference to the Department for Constitutional Affairs includes the Lord Chancellor’s Department and the Public Trustee
1
The reference to the Ministry of Defence includes the Defence Council, the Admiralty Board, the Army Board and the Air Force Board.
F2601A
The reference to the Environment Agency is a reference to that Agency in relation to all its functions other than its flood defence functions, within the meaning of the M9Water Resources Act 1991 F261; and no investigation under this Act shall be conducted in respect of any action in connection with functions of the Environment Agency in relation to Wales (within the meaning of the Government of Wales Act 1998)..
F2621B
In the case of the Forestry Commission no investigation under this Act shall be conducted in respect of any action in connection with functions of the Forestry Commissioners in relation to Wales (within the meaning of the Government of Wales Act 1998).
F2522. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In the case of the Corporation of the Trinity House of Deptford Strond an investigation under this Act may only be conducted in respect of action in connection with their functions as a general lighthouse authority.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F253. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
The reference to the Lord President of the Council’s Office F254. . . does not include the Privy Council Office.
F2556
The reference to the Cabinet Office does not include any of the Secretariats, the Joint Intelligence Organisation or the office of the Secretary of the Cabinet and Head of the Home Civil Service, but includes the executive agencies of the Cabinet Office and the office of any Minister whose expenses are defrayed out of moneys provided by Parliament for the service of the Cabinet Office, and the reference to the Treasury includes its subordinate departments and the office of any Minister whose expenses are defrayed out of moneys provided by Parliament for the service of the Treasury.
7
In the case of the Commission for the New Towns F256or a development corporation for a new town, no investigation shall be conducted under this Act in respect of any action in connection with functions in relation to housing.
8
The reference to the Treasury Solicitor does not include a reference to Her Majesty’s Procurator General.
8A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F257. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2589. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
In the case of an urban development corporation no investigation under this Act shall be conducted in respect of any action in connection with functions in relation to town and country planning.
10
In relation to any function exercised on behalf of the Crown by a department or authority to which this Act applies which was previously exercisable on behalf of the Crown by a department or authority to which this Act does not apply, the reference to the department or authority to which this Act applies includes a reference to the other department or authority if the other department or authority—
a
ceased to exercise the function before the commencement of this Act; or
b
where it exercised the function after the commencement of this Act, only did so when it was a department or authority to which this Act applied.
F25911
In the case of the Urban Regeneration Agency no investigation under this Act shall be conducted in respect of any action in connection with functions in relation to town and country planning.
13
In the case of the Government Actuary’s Department an investigation may be conducted under this Act only in respect of the giving of advice by the Government Actuary’s Department on or before 26 April 2001 relating to the exercise of functions under-
a
Part 2 of the Insurance Companies Act 1982 F263, or
b
any other enactment relating to the regulation of insurance companies within the meaning of that Act.
SCHEDULE 3 Matters not subject to investigation
1
Action taken in matters certified by a Secretary of State or other Minister of the Crown to affect relations or dealings between the Government of the United Kingdom and any other Government or any international organisation of States or Governments.
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 F264other 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 . . . F265.
3
Action taken in connection with the administration of the government of any country or territory outside the United Kingdom which forms part of Her Majesty’s dominions or in which Her Majesty has jurisdiction.
C294
C305
Action taken by or with the authority of the Secretary of State for the purposes of investigating crime or of protecting the security of the State, including action so taken with respect to passports.
6
F406A
Action taken by any person appointed by the Lord Chancellor as a member of the administrative staff of any court or tribunal, so far as that action is taken at the direction, or on the authority (whether express or implied), of any person acting in a judicial capacity or in his capacity as a member of the tribunal.
F416B
1
Action taken by any member of the administrative staff of a relevant tribunal, so far as that action is taken at the direction, or on the authority (whether express or implied), of any person acting in his capacity as a member of the tribunal.
C312
In this paragraph, “relevant tribunal” has the meaning given by section 5(8) of this Act.
F2736C
Action taken by any person appointed under section 5(3)(c) of the Criminal Injuries Compensation Act 1995, so far as that action is taken at the direction, or on the authority (whether express or implied), of any person acting in his capacity as an adjudicator appointed under section 5 of that Act to determine appeals.
C32C337
Any exercise of the prerogative of mercy or of the power of a Secretary of State to make a reference in respect of any person to F42. . . the High Court of Justiciary or the Courts-Martial Appeal Court.
C348
F431
Action taken on behalf of the Minister of Health or the Secretary of State by F44a Strategic Health Authority,F45a Health Authority, a Primary Care Trust, a Special Health AuthorityF267except the Rampton Hospital Review BoardF268 . . . F269 the Rampton Hospital Board, F270the Broadmoor Hospital Board or the Moss Side and Park Lane Hospitals Board,F271. . . a Health Board or the Common Services Agency for the Scottish Health ServiceF272by the Dental Practice Board or the Scottish Dental Practice Board, or by the Public Health Laboratory Service Board.
F462
For the purposes of this paragraph, action taken by a F47Strategic Health Authority, Health Authority, Special Health Authority or Primary Care Trust in the exercise of functions of the Secretary of State shall be regarded as action taken on his behalf.
C359
Action taken in matters relating to contractual or other commercial transactions, whether within the United Kingdom or elsewhere, being transactions of a government department or authority to which this Act applies or of any such authority or body as is mentioned in paragraph (a) or (b) of subsection (1) of section 6 of this Act and not being transactions for or relating to—
a
the acquisition of land compulsorily or in circumstances in which it could be acquired compulsorily;
b
the disposal as surplus of land acquired compulsorily or in such circumstances as aforesaid.
C3610
F481
Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters, in relation to—
a
service in any of the armed forces of the Crown, including reserve and auxiliary and cadet forces;
b
service in any office or employment under the Crown or under any authority F49to which this Act applies; or
c
service in any office or employment, or under any contract for services, in respect of which power to take action, or to determine or approve the action to be taken, in such matters is vested in Her Majesty, any Minister of the Crown or any such authority as aforesaid.
F502
Sub-paragraph (1)(c) above shall not apply to any action (not otherwise excluded from investigation by this Schedule) which is taken by the Secretary of State in connection with:—
a
the provision of information relating to the terms and conditions of any employment covered by an agreement entered into by him under section 12(1) of the M8Overseas Development and Co-operation Act 1980 F51or pursuant to the exercise of his powers under Part I of the International Development Act 2002 or
b
the provision of any allowance, grant or supplement or any benefit (other than those relating to superannuation) arising from the designation of any person in accordance with such an agreement.
11
The grant of honours, awards or privileges within the gift of the Crown, including the grant of Royal Charters.
F5212
1
Action not otherwise within this Schedule which is taken in the course of administrative functions exercised at the direction, or on the authority (whether express or implied), of a judge of any court established under the law of England and Wales or Northern Ireland.
2
In this paragraph “judge” includes—
a
a person appointed under section 89 of, and Part 2 or 3 of Schedule 2 to, the Supreme Court Act 1981, and
b
a Master or District Judge appointed under section 70 of, and Schedule 3 to, the Judicature (Northern Ireland) Act 1978.
F284F285X3Schedule 4 Relevant Tribunals for Purposes of Section 5(7)
Sch. 4: this version of this provision contains details of amendments coming into force on or after 8.5.1998 and before 14.3.2005 (repealed text is retained). For previous amendment history, please refer to earlier versions.
Sch. 4 inserted (5.9.1994) by 1994 c. 14, s. 1(3)
Sch. 4 substituted (14.3.2005) by The Parliamentary Commissioner Order 2005 (S.I. 2005/249), art. 3, Sch. 2
Sch. 4: entry inserted (16.12.2003) by The Parliamentary Commissioner Order 2003 (S.I. 2003/2921), art. 4(a)
Sch. 4: entries inserted (23.8.1996) by S.I. 1996/1914, art. 2
Entry in Sch. 4 substituted (19.8.1999) by S.I. 1999/2028, art. 4
Sch. 4: entry inserted (20.6.2003) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 2, Sch. para.1
Sch. 4: entries inserted (23.8.1996) by S.I. 1996/1914, art. 2
Entries in Sch. 4 omitted (1.7.1999) by virtue of S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(6); S.I. 1998/3178, art. 3
30 Vict. c.17.
Entries in Sch. 4 deleted (13.4.2000) by S.I. 2000/739, art. 3
Entry in Sch. 4 substituted (14.5.2001) by 2000 c. 36, s. 18(4), Sch. 2 Pt. I para. 5 (with ss. 7(1)(7), 56, 78); S.I. 2001/1637, art. 2(b)
Entry in Sch. 4 inserted (1.12.2001) by S.I. 2001/3649, art. 275
Sch. 4: entry deleted (16.12.2003) by The Parliamentary Commissioner Order 2003 (S.I. 2003/2921), art. 4(b)
Words in Sch. 4 substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
Words in Sch. 4 in entry relating to “Meat Hygiene Appeals Tribunal”inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(6); S.I. 1998/3178, art. 3
Entry in Sch. 4 deleted (6.9.1999) by S.I. 1999/2028, art. 5
Sch. 4: entry deleted (16.12.2003) by The Parliamentary Commissioner Order 2003 (S.I. 2003/2921), art. 4(b)
6 & 7 Geo 6. c.39.
Words in the definition in Sch. 4 substituted (8.5.1998) by 1997 c. 66, s. 51(3); S. I. 1998/1028, art. 2
1 & 2 Geo 5. c.49.
Sch. 4: entry substituted (16.12.2003) by The Parliamentary Commissioner Order 2003 (S.I. 2003/2921), art. 4(c)
Sch. 4: entry inserted (16.12.2003) by The Parliamentary Commissioner Order 2003 (S.I. 2003/2921), art.4(a)
F286Adjudicators appointed under article 7 (1) (b) of the Criminal Injuries Compensation (Northern Ireland) Order 2002 F287
F288Agricultural Land Tribunals constituted under section 73 of the Agriculture Act 1947 F289.
F288Central Arbitration Committee constituted under section 259 of the Trade Union and Labour Relations (Consolidation) Act 1992 F290.
F291Appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998
F288Commons Commissioners constituted under section 17 of the Commons Registration Act 1965 F292.
F293Competition Appeal Tribunal constituted under section 12 of the Enterprise Act 2002.
F288Copyright Tribunal constituted under section 145 of the Copyright Designs and Patents Act 1988 F294.
F295
F296Court of the Lord Lyon provision for whose powers and constitution was made in the Lyon King of Arms Act 1592F274 and the Lyon King of Arms Act 1867F275.F297Tribunals constituted in Great Britain under regulations made under section 4 of theM13Vaccine Damage Payments Act 1979.F288Dairy Produce Quota Tribunal for England and Wales constituted under regulation 6 of the Dairy Produce Quotas Regulations 1984 F298 and continued in existence under regulation 35 of, and Schedule 6 to, the Dairy Produce Quotas Regulations 1994 F299.
F295
F296Dairy Produce Quota Tribunal for Scotland constituted under regulation 6 of the Dairy Produce Quotas Regulations 1984F276 and continued in existence under regulation 35 of, and Schedule 6 to, the Dairy Produce Quotas Regulations 1994F277.F300Information Tribunal constituted under section 6 of the Data Protection Act 1998.
F297 Social security appeal tribunals constituted under section 41 of theM14Social Security Administration Act 1992.F297Disability appeal tribunals constituted under section 43 of that Act.F288Employment Appeal Tribunal established under section 87 of the Employment Protection Act 1975 F301 and continued in existence under section 135 of, and Schedule 11 to, the Employment Protection (Consolidation) Act 1978 F302.
F303Financial Services and Markets Tribunal constituted under section 132 of the Financial Services and Markets Act 2000.
F295
F304Financial Services Tribunal constituted under section 96 of the Financial Services Act 1986F278.F288Foreign Compensation Commission constituted under section 1 of the Foreign Compensation Act 1950 F305.
F288Horserace Betting Levy Appeal Tribunal for England and Wales constituted under section 29 of the Betting, Gaming and Lotteries Act 1963 F306.
F288The Appeal Tribunal established for Scotland under section 29 of the Betting, Gaming and Lotteries Act 1963 which is known as the Horserace Betting Levy Appeal Tribunal for Scotland F307.
F288Independent Schools Tribunals for England and Wales constituted under section 72 of, and Schedule 6 to, the Education Act 1944 F308.
F295
F296Independent Schools Tribunals for Scotland constituted under section 100 of, and Schedule 2 to, the Education (Scotland) Act 1980F279.F288F309Employment Tribunals (England and Wales) established under regulation 4 of the F309Employment Tribunals (Constitution and Rules of Procedure) Regulations 1993 F310.
F288F309Employment Tribunals (Scotland) established under regulation 4 of the F309Employment Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 1993 F311.
F288Insolvency Practitioners Tribunal referred to in section 396 of the Insolvency Act 1986 F312.
F295
F296Lands Tribunal for Scotland constituted under section 1 of the Lands Tribunal Act 1949F280.F288Meat Hygiene Appeals Tribunal constituted under regulation 6(2) of, and Schedule 15 to, the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 F313, regulation 6(2) of, and Schedule 21 to, the Fresh Meat (Hygiene and Inspection) Regulations 1995 F314 and regulation 5(2) of, and Schedule 12 to, the Wild Game Meat (Hygiene and Inspection) Regulations 1995 F315F316other than a Tribunal any of whose members was appointed by the Secretary of State for Scotland or by the Scottish Ministers.
F317 Medical appeal tribunals constituted under section 50 of that Act.F288Misuse of Drugs Advisory Body constituted under section 16(1) of, and Part II of Schedule 3 to, the Misuse of Drugs Act 1971 F318.
F288Misuse of Drugs Professional Panel constituted under section 16(1) of, and Part III of Schedule 3 to, the Misuse of Drugs Act 1971.
F288Misuse of Drugs Tribunal constituted under section 16(1) of, and Part I of Schedule 3 to, the Misuse of Drugs Act 1971.
F295
F319Pensions Appeal Tribunal for Scotland constituted under section 6 of, and the Schedule to, the Pensions Appeal Tribunals Act 1943F281.F288Pensions Ombudsman established under section 145 of the Pension Schemes Act 1993 F320.
F288Persons hearing consumer credit licensing appeals appointed under regulation 19 of the Consumer Credit Licensing (Appeals) Regulations 1976 F321.
F288Persons hearing estate agents’ appeals appointed under regulation 19 of the Estate Agents (Appeals) Regulations 1981 F322.
F288Plant Varieties and Seeds Tribunal F323(referred to in section 42 of the Plant Varieties Act 1997).
F288Reference Committees constituted under section 27 of the Forestry Act 1967 F324.
F288Registered Homes Tribunals constituted under section 40 of the Registered Homes Act 1984 F325.
F288Registered Inspectors of Schools Appeal Tribunals constituted under section 12 of, and Schedule 3 to, the Education (Schools) Act 1992 F326.
F288Rent Assessment Committees constituted under section 65 of, and Schedule 10 to, the Rent Act 1977 F327 and also known as Leasehold Valuation Tribunals for the purpose of determinations pursuant to section 21(1), (2) and (3) of the Leasehold Reform Act 1967 F328 as amended by section 142 of, and Schedule 22 to, the Housing Act 1980 F329 and section 91 of the Leasehold Reform, Housing and Urban Development Act 1993 F330 and as rent tribunals for the purpose of references pursuant to the provisions in Part V of the Rent Act 1977 F331 as amended by section 72 of the Housing Act 1980 F332.
F295
F296Rent Assessment Committees for Scotland constituted under section 44 of, and Schedule 4 to, the Rent (Scotland) Act 1984F282.F295
F296Scottish Land Court constituted under section 3 of the Small Landholders (Scotland) Act 1911F283.F333Special Educational Needs and Disability Tribunal
F334Traffic Commissioners appointed under section 4 of the Public Passenger Vehicles Act 1981 F335
Tribunals of Appeal constituted under section 109 of the London Building Acts (Amendment) Act 1939.
F288Valuation Tribunals established under regulation 3 of the Valuation and Community Charge Tribunals Regulations 1989 F336 as amended by regulation 5 of the Valuation and Community Charge Tribunals (Amendment) Regulations 1993 F337.
Act wholly in force at 1.4.1967 see s. 14(2).