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Section 1(3).
Textual Amendments
F1Sch. 1: words in heading inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 16(2) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F2Words in Sch. 1 heading omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(11)(a)
F3Word in Sch. 1 heading substituted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(11)(a)
Textual Amendments
F4Sch. 1 para A1 and crossheading inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 16(3) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F5A1E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Sch. 1 para. A1 repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 53(2), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)
Textual Amendments
F6Word in Sch. 1 para. 1 cross-heading substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 53(3) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
[F71E+W+SHer Majesty may by Letters Patent appoint a person to be the Commissioner.
Textual Amendments
F7Sch. 1 paras. 1-1E substituted for Sch. 1 para. 1 (with application in accordance with Sch. 8 para. 16 of the amending S.I.) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 1(1), Sch. 8 para. 15(2) (with regs. 44-46)
1AE+W+SSubject to paragraphs 1C and 1D a person appointed to be the Commissioner shall hold office until the end of the period for which he is appointed.
Textual Amendments
F7Sch. 1 paras. 1-1E substituted for Sch. 1 para. 1 (with application in accordance with Sch. 8 para. 16 of the amending S.I.) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 1(1), Sch. 8 para. 15(2) (with regs. 44-46)
1BE+W+SThat period must be not more than seven years.
Textual Amendments
F7Sch. 1 paras. 1-1E substituted for Sch. 1 para. 1 (with application in accordance with Sch. 8 para. 16 of the amending S.I.) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 1(1), Sch. 8 para. 15(2) (with regs. 44-46)
1CE+W+SA person appointed to be the Commissioner may be relieved of office by Her Majesty at his own request.
Textual Amendments
F7Sch. 1 paras. 1-1E substituted for Sch. 1 para. 1 (with application in accordance with Sch. 8 para. 16 of the amending S.I.) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 1(1), Sch. 8 para. 15(2) (with regs. 44-46)
1DE+W+SA person appointed to be the Commissioner may be removed from office by Her Majesty, on the ground of misbehaviour, in consequence of Addresses from both Houses of Parliament.
Textual Amendments
F7Sch. 1 paras. 1-1E substituted for Sch. 1 para. 1 (with application in accordance with Sch. 8 para. 16 of the amending S.I.) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 1(1), Sch. 8 para. 15(2) (with regs. 44-46)
1EE+W+SA person appointed to be the Commissioner is not eligible for re-appointment.]
Textual Amendments
F7Sch. 1 paras. 1-1E substituted for Sch. 1 para. 1 (with application in accordance with Sch. 8 para. 16 of the amending S.I.) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 1(1), Sch. 8 para. 15(2) (with regs. 44-46)
Textual Amendments
F8Word in Sch. 1 para. 2 heading substituted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(11)(d)
2(1)[F9Where [F10the office]] of Commissioner becomes vacant, Her Majesty may, pending the appointment of the new Commissioner, appoint a person under this paragraph to act as [F11the] Commissioner at any time during the period of twelve months beginning with the date on which the vacancy arose.E+W+S
[F12(1A)A person appointed to act as the Commissioner (“an acting Commissioner”) may have held office as the Commissioner.
(1B)A person appointed as an acting Commissioner is eligible for appointment as the Commissioner unless he has already held office as the Commissioner.]
(2)A person appointed [F13as acting Commissioner,] shall hold office during Her Majesty’s pleasure and, subject to that, shall hold office—
(a)until the appointment of the 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 Secretary of State may, with the approval of the Treasury, determine.
[F14(3)A person appointed as an acting Commissioner shall, while he holds office, be treated for all purposes, except for the purposes of paragraphs 1, 4 to 10 and this paragraph, as the Commissioner.]
Textual Amendments
F9Words in Sch. 1 para. 2(1) substituted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 16(4) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F10Words in Sch. 1 para. 2(1) substituted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(11)(e)(i)
F11Word in Sch. 1 para. 2(1) substituted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(11)(e)(ii)
F12Sch. 1 para. 2(1A)(1B) inserted (with application in accordance with Sch. 8 para. 16 of the amending S.I.) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 1(1), Sch. 8 para. 15(3)(a) (with regs. 44-46)
F13Words in Sch. 1 para. 2(2) substituted (with application in accordance with Sch. 8 para. 16 of the amending S.I.) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 1(1), Sch. 8 para. 15(3)(b) (with regs. 44-46)
F14Sch. 1 para. 2(3) substituted (with application in accordance with Sch. 8 para. 16 of the amending S.I.) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 1(1), Sch. 8 para. 15(3)(c) (with regs. 44-46)
Modifications etc. (not altering text)
C1Sch 1. para. 2: transfer of certain functions (1.4.1995) by S.I. 1995/269, art. 3, Sch. para. 24
3(1)A person who is a member of a relevant health service body shall not be appointed [F15the Commissioner] or acting Commissioner; and a person so appointed shall not, during his appointment, become a member of such a body.E+W+S
(2)For this purpose a “relevant health service body” means—
(a)F16... a body mentioned in [F17section 2(1)] F18...
F19(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F15Words in Sch. 1 para. 3(1) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 53(5)(a) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F16Words in Sch. 1 para. 3(2) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(11)(f)(i)
F17Words in Sch. 1 para. 3(2) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 53(5)(b) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F18Word in Sch. 1 para. 3(2) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(11)(f)(ii)
F19Sch. 1 para. 3(2)(b) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(11)(f)(iii)
[F203A(1)A person who is a relevant family health service provider shall not be appointed [F21the Commissioner] or acting Commissioner; and a person so appointed shall not, during his appointment, become a relevant family health service provider.E+W+S
(2)For this purpose a “relevant family health service provider” means—
(a)F22... a person mentioned in [F23section 2A(1)] F24...
F25(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F20Sch. 1 para. 3A inserted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 7; S.I. 1996/970, art. 2(1)
F21Words in Sch. 1 para. 3A(1) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 53(6)(a) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F22Words in Sch. 1 para. 3A(2) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(11)(g)(i)
F23Words in Sch. 1 para. 3A(2) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 53(6)(b) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F24Word in Sch. 1 para. 3A(2) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(11)(g)(ii)
F25Sch. 1 para. 3A(2)(b) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(11)(g)(iii)
4E+W+S[F26(a)] There shall be paid to the holder of the office of [F27the 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 any such resolution may take effect from the date on which it is passed or from such other date as may be specified in it.
F28(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F26Sch. 1 para. 4: “(a)” inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 112(4)(c)(i); S.I. 1998/3178, art. 3
F27Words in Sch. 1 para. 4 substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 53(7) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F28 Sch. 1 para. 4(b) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(11)(h)
5E+W+SThe salary payable to a holder of the office of [F29the 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 has previously been appointed or elected.
Textual Amendments
F29Words in Sch. 1 para. 5 substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 53(7) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
6(1)Where a person holds—E+W+S
(a)the office of Parliamentary Commissioner, and
(b)[F30the office] of Health Service Commissioner,
he shall, so long as he does so, be entitled only to the salary pertaining to the office of Parliamentary Commissioner.
F31(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F30Words in Sch. 1 para. 6(1)(b) substituted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(11)(i)(i)
F31Sch. 1 para. 6(2) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(11)(i)(ii)
Modifications etc. (not altering text)
C2Sch. 1 para. 6 extended (1.7.1999) by S.I. 1999/1351, art. 17(5)(a); S.I. 1998/3178, art. 3
7E+W+SSchedule 1 to the M1Parliamentary Commissioner Act 1967 (which relates to pensions and other benefits) has effect with respect to persons who hold or have held office as [F32the Commissioner] as it has effect with respect to persons who hold or have held office as the Parliamentary Commissioner.
Textual Amendments
F32Words in Sch. 1 para. 7 substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 53(7) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
Marginal Citations
8E+W+SIn computing the salary of a former holder of the office of Commissioner for the purposes of Schedule 1 to the 1967 Act, there shall be disregarded—
(a)any abatement of that salary under paragraph 5,
(b)any temporary abatement of that salary in the national interest, and
(c)any voluntary surrender of that salary in whole or in part.
9(1)In this paragraph, “relevant office” means the office of Parliamentary Commissioner or [F33the office] of Health Service Commissioner.E+W+S
(2)The Treasury may by regulations provide that Schedule 1 to the Parliamentary Commissioner Act 1967 shall have effect, in relation to persons who have held more than one relevant office, with such modifications as it considers necessary in consequence of those persons having held more than one such office; and different regulations may be made in pursuance of paragraph 4 of Schedule 1 to the 1967 Act in relation to different relevant offices.
(3)A person shall not be entitled to make simultaneously different elections in pursuance of paragraph 1 or 2 of Schedule 1 to the 1967 Act in respect of different relevant offices.
(4)Where a person has made or is treated as having made an election in pursuance of paragraph 1 or 2 of Schedule 1 to the 1967 Act in respect of any relevant office, he shall be deemed to have made the same election in respect of all such other offices to which he is, or is subsequently, appointed.
(5)No account shall be taken for the purposes of Schedule 1 to the 1967 Act of a period of service in a relevant office if salary in respect of the office was not paid for that period.
(6)Regulations under this paragraph may make such incidental or supplementary provision as the Treasury considers necessary.
(7)Regulations under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F33Words in Sch. 1 para. 9(1) substituted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(11)(j)
Modifications etc. (not altering text)
C3Sch. 1 para. 9: transfer of certain functions (1.4.1995) by S.I. 1995/269, art. 3, Sch. para. 24
10E+W+SIn any case where a person makes an election under paragraph 2(1)(a) of Schedule 1 to the M2Parliamentary Commissioner Act 1967 (as substituted by Part II of Schedule 4 to the M3Judicial Pensions and Retirement Act 1993) so that Schedule 1 to the 1967 Act continues to have effect in relation to him as it did before the coming into force of Part II of Schedule 4 to the 1993 Act, this Schedule shall have effect—
(a)as if in paragraph 7 the words “hold or” (in both places) and in paragraph 9(3) and (4) the words “or 2” (in both places) were omitted, and
(b)as if for the reference in paragraph 9(2) to paragraph 4 of Schedule 1 to the 1967 Act there were substituted a reference to paragraph 8 of that Schedule.
11(1)[F34The Commissioner] may appoint such officers as he may determine with the approval of the Treasury as to numbers and conditions of service.E+W+S
[F35(1A)The Health Service Commissioner for England may appoint and pay a mediator or other appropriate person to assist him in the conduct of an investigation under this Act.]
F36(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F34Words in Sch. 1 para. 11(1) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 53(8) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F35Sch. 1 para. 11(1A) inserted (1.8.2007) by The Regulatory Reform (Collaboration etc. between Ombudsmen) Order 2007 (S.I. 2007/1889), arts. 1(1), 14
F36Sch. 1 para. 11(2) repealed (1.7.1999) by 1998 c. 38, ss. 112, 152, Sch. 10 para. 16(7), Sch. 18 Pt. I (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1999/1290, art. 4
12E+W+SAny functions of [F37the Commissioner] under this Act may be performed by any officer of the Commissioner authorised by him for that purpose, or by any officer so authorised of F38... [F39the Parliamentary Commissioner or the Public Services Ombudsman for Wales].
Textual Amendments
F37Words in Sch. 1 para. 12 substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 53(9)(a) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F38Words in Sch. 1 para. 12 omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(11)(k)
F39Words in Sch. 1 para. 12 substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 53(9)(b) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
[F4012A.E+W+SFor the purposes of conducting a joint investigation referred to in section 18ZA, any function of the Commissioner under this Act may be performed by [F41—
(a)]any officer or member of staff of the Parliamentary Commissioner or
[F42(b) any person discharging or assisting in the discharge of a function of a Local Commissioner,
who is] authorised for the purpose by the Commissioner.]
Textual Amendments
F40Sch. 1 para. 12A inserted (1.8.2007) by The Regulatory Reform (Collaboration etc. between Ombudsmen) Order 2007 (S.I. 2007/1889), arts. 1(1), 7
F41Words in Sch. 1 para. 12A inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 15(4)(a); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F42Words in Sch. 1 para. 12A substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 15(4)(b); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
13(1)To assist him in any investigation [F43the Commissioner] may obtain advice from any person who, in his opinion, is qualified to give it.E+W+S
(2)[F44The Commissioner] may pay to any such person from whom he obtains advice under this paragraph such fees or allowances as he may determine with the approval of the Treasury.
Textual Amendments
F43Words in Sch. 1 para. 13(1) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 53(10)(a) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F44Words in Sch. 1 para. 13(2) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 53(10)(b) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
14E+W+SThe expenses of [F45the Commissioner] F46... under this Act—
(a)shall be paid out of money provided by Parliament, and
(b)shall not exceed such amount as the Treasury may sanction.
Textual Amendments
F45Words in Sch. 1 para. 14 substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 53(11) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F46Words in Sch. 1 para. 14 omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(11)(l)
15E+W+SAny salary, pension or other benefit payable by virtue of paragraph 2 and paragraphs 4 to 9 shall be charged on and issued out of the Consolidated Fund.