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Parliamentary Commissioner Act 1967

1967 CHAPTER 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.

[22nd March 1967]

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Extent Information

E1For application to Northern Ireland see s. 13

Modifications etc. (not altering text)

C1Act: 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

C2Act 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)

C4Act 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.

C6Act amended by 1990/419, art. 18(2) and by 1990/1024, art. 14(2)

C7Act applied (with modifications) (30.9.1992) by S.I. 1992/2257, art. 16(2).

C8Act 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)

Commencement Information

I1Act wholly in force at 1.4.1967 see s. 14(2).

The Parliamentary Commissioner for AdministrationE+W+S+N.I.

1 Appointment and tenure of office.E+W+S+N.I.

(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 F1. . . .

[F2(2A)A person appointed to be the Commissioner shall hold office until the end of the period for which he is appointed.

(2B)That period must be not more than seven years.

(2C)Subsection (2A) is subject to subsections (3) and (3A).]

[F3(3)A person appointed to be the Commissioner may be—

(a)relieved of office by Her Majesty at his own request, or

(b)removed from office by Her Majesty, on the ground of misbehaviour, in consequence of Addresses from both Houses of Parliament.]

[F4(3A)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.]

[F5(3B)A person appointed to be the Commissioner is not eligible for re-appointment.]

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

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Amendments (Textual)

F1Words in s. 1(2) omitted (1.10.2006 with application in accordance with Sch. 8 para. 6 of the amending S.I.) by virtue of The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 49(1), Sch. 8 para. 4(2) (with regs. 44-46)

F2S. 1(2A)-(2C) inserted (1.10.2006 with application in accordance with Sch. 8 para. 6 of the amending S.I.) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 49(1), Sch. 8 para. 4(3) (with regs. 44-46)

F3S. 1(3) substituted (1.10.2006 with application in accordance with Sch. 8 para. 6 of the amending S.I.) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 49(1), Sch. 8 para. 4(4) (with regs. 44-46)

F5S. 1(3B) inserted (1.10.2006 with application in accordance with Sch. 8 para. 6 of the amending S.I.) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 49(1), Sch. 8 para. 4(5) (with regs. 44-46)

2 Salary and pension.E+W+S+N.I.

[F8(1)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; . . . F9

[F10(4A)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.

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Amendments (Textual)

F8S. 2(1)(2) substituted (1.1.1975) by Parliamentary and other Pensions and Salaries Act 1976 (c. 48, SIF 89), s 6(2)(5)

F9Words repealed (1.1.1975) by Parliamentary and other Pensions and Salaries Act 1976 (c. 48, SIF 89), s 6(4)(5), Sch.

F10S. 2(4A) inserted (1.1.1975) by Parliamentary and other Pensions and Salaries Act 1976 (c. 48, SIF 89), s. 6(4)(5).

3 Administrative provisions.E+W+S+N.I.

(1)The Commissioner may appoint such officers as he may determine with the approval of the Treasury as to numbers and conditions of service.

[F11(1A)The Commissioner may appoint and pay a mediator or other appropriate person to assist him in the conduct of an investigation under this Act.]

(2)Any function of the Commissioner under this Act may be performed by any officer of the Commissioner authorised for that purpose by the Commissioner [F12, by any member of the staff so authorised [F13of the Public Services Ombudsman for Wales] or by any officer so authorised of the Health Service Commissioner for England F14. . . .]

[F15(2A)For the purposes of conducting a joint investigation referred to in section 11ZAA of this Act, any function of the Commissioner under this Act may be performed by [F16any person discharging or assisting in the discharge of a function of a Local Commissioner, but only if the person is] authorised for the purpose by the Commissioner.]

(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.

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Amendments (Textual)

F12Words in s. 3(2) substituted (1.7.1999) by 1998 c. 38, s. 125, Sch. 12 para. 5 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F16Words in s. 3(2A) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 182, 245, Sch. 12 para. 13(2); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

Modifications etc. (not altering text)

C9S. 3(2) extended (1.7.1999) by S.I. 1999/1351, arts. 1, 17(1)(a) (with art.3); S.I. 1998/3178, art. 3

[F173A Appointment of acting Commissioner.E+W+S+N.I.

(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.

[F18(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 [F19as an acting Commissioner] 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.

[F20(3)A person appointed as an acting Commissioner shall, while he holds office, be treated for all purposes, except for the purposes of section 1 and 2, and this section 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].

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Amendments (Textual)

F18S. 3A(1A)(1B) inserted (1.10.2006 with application in accordance with Sch. 8 para. 6 of the amending S.I.) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 49(1), Sch. 8 para. 5(2) (with regs. 44-46)

F19Words in s. 3A(2) substituted (1.10.2006 with application in accordance with Sch. 8 para. 6 of the amending S.I.) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 49(1), Sch. 8 para. 5(3) (with regs. 44-46)

F20S. 3A(3) substituted (1.10.2006 with application in accordance with Sch. 8 para. 6 of the amending S.I.) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 49(1), Sch. 8 para. 5(4) (with regs. 44-46)

Investigation by the CommissionerE+W+S+N.I.

[F214 Departments etc. subject to investigation.E+W+S+N.I.

(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.

[F22(3A)No entry shall be made if the result of making it would be that the Parliamentary Commissioner could investigate action which can be investigated [F23by the Public Services Ombudsman for Wales under the Public Services Ombudsman (Wales) Act 2005] .]

F24[(3B)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].

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Amendments (Textual)

F22S. 4(3A) inserted (1.7.1999) by 1998 c. 38, s. 125, Sch. 12 para. 6 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F24S. 4(3B) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(1)(2)

Marginal Citations

M11982 c. 10(43:1).

5 Matters subject to investigation.E+W+S+N.I.

(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.

[F25(1A)Subsection (1C) of this section applies if—

(a)a written complaint is duly made to a member of the House of Commons by a member of the public who claims that a person has failed to perform a relevant duty owed by him to the member of the public, and

(b)the complaint is referred to the Commissioner, with the consent of the person who made it, by a member of the House of Commons with a request to conduct an investigation into it.

(1B)For the purposes of subsection (1A) of this section a relevant duty is a duty imposed by any of these—

(a)a code of practice issued under section 32 of the Domestic Violence, Crime and Victims Act 2004 (code of practice for victims), or

(b)sections 35 to 44 of that Act (duties of local probation boards in connection with victims of sexual or violent offences).

(1C)If this subsection applies, the Commissioner may investigate the complaint.]

(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—

(a)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;

(b)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.

[F26(2A)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 [F27investigation under subsection (1) of this section] 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.

[F28(4A)Without prejudice to subsection (2) of this section, the Commissioner shall not conduct an investigation pursuant to a complaint under subsection (1A) of this section in respect of—

(a)action taken by or with the authority of the Secretary of State for the purposes of protecting the security of the State, including action so taken with respect to passports, or

(b)any action or matter described in any of paragraphs 1 to 4 and 6A to 11 of Schedule 3 to this Act.

(4B)Her Majesty may by Order in Council amend subsection (4A) of this section so as to exclude from paragraph (a) or (b) of that subsection such actions or matters as may be described in the Order.

(4C)Any statutory instrument made by virtue of subsection (4B) of this section 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.

[F29(5A)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.]

[F30(6)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 [F31Ministry of Justice] F32....]

[F33(7)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.]

[F34(9A)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.]

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Amendments (Textual)

F26S. 5(2A) inserted (N.I.) (1.3.1999) by S.I. 1998/3162 (N.I. 21), art. 1(2), Sch. 3; S.R. 1999/81, art. 3

F29S. 5(5A)(5B) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(3)(a)

F33S. 5(7)-(9) inserted (5.9.1994) by 1994 c. 14, ss. 1(1), 3(2)

F34S. 5(9A) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(3)(b)

Modifications etc. (not altering text)

C12S. 5(2)(b) excluded by Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), s. 22

S. 5(2)(b) excluded (2.12.1999) by 1998 c. 47, s. 78(2)(a); S.I. 1999/3209, art. 2, Sch.

C13S. 5(5B) modified (E.W.S.) (30.6.2006 for S. and 6.7.2006 for E.W.) by Private Security Industry Act 2001 (c. 12), s. 2A (as inserted by Serious Organised Crime and Police Act 2005 (c. 15), ss. 171, 178, Sch. 15 para. 3; S.S.I. 2006/381, art. 2)

6 Provisions relating to complaints.E+W+S+N.I.

(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;

F35[(b)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.

(3)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)[F36Except 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.

[F37(5)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.]

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Amendments (Textual)

F35S. 6(1)(b)(1A) substituted for s. 6(1)(b) (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(4)

Modifications etc. (not altering text)

Marginal Citations

M31971 c. 77(101A:1)

7 Procedure in respect of investigations. E+W+S+N.I.

(1)Where the Commissioner proposes to conduct an investigation pursuant to a complaint under [F38section 5(1) of] 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.

[F39(1A)Where the Commissioner proposes to conduct an investigation pursuant to a complaint under section 5(1A) of this Act, he shall give the person to whom the complaint relates an opportunity to comment on any allegations contained in the complaint.]

(2)Every [F40investigation under this Act] 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 [F41or the person to whom the complaint relates] , or any power or duty of [F42that department, authority or person] 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 [F43the 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.

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Amendments (Textual)

Modifications etc. (not altering text)

C15S. 7 applied with modifications (S.) by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), s. 95

Marginal Citations

8 Evidence. E+W+S+N.I.

(1)For the purposes of an investigation under [F44section 5(1) of] 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.

[F45(1A)For the purposes of an investigation pursuant to a complaint under section 5(1A) of this Act the Commissioner may require any 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 [F46investigation under this Act] 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 [F47civil] proceedings before the Court.

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Amendments (Textual)

Modifications etc. (not altering text)

C16S. 8 applied with modifications (S.) by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), s. 95

9 Obstruction and contempt. E+W+S+N.I.

(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.

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Modifications etc. (not altering text)

C17S. 9 applied with modifications (S.) by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), s. 95

10 Reports by Commissioner.E+W+S+N.I.

(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 [F48section 5(1) of] 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.

[F49(2A)In any case where the Commissioner conducts an investigation pursuant to a complaint under section 5(1A) of this Act, he shall also send a report of the results of the investigation to the person to whom the complaint relates.]

(3)If, after conducting an investigation under [F50section 5(1) of] 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.

[F51(3A)If, after conducting an investigation pursuant to a complaint under section 5(1A) of this Act, it appears to the Commissioner that—

(a)the person to whom the complaint relates has failed to perform a relevant duty owed by him to the person aggrieved, and

(b)the failure has not been, or will not be, remedied,

the Commissioner may, if he thinks fit, lay before each House of Parliament a special report upon the case.

(3B)For the purposes of subsection (3A) of this section “relevant duty” has the meaning given by section 5(1B) of this Act.]

(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) [F52or (2A)] of this section of a report sent to that person in pursuance of that subsection.

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Amendments (Textual)

11 Provision for secrecy of information. E+W+S+N.I.

F53(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)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;

[F54(aa)for the purposes of [F55a matter] which is being investigated by the Health Service Commissioner for England or a Local Commissioner (or both);]

(b)for the purposes of any proceedings for an offence under [F56the 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.

[F57(2A)Where the Commissioner also [F58holds office as the Health Service Commissioner for England] and a person initiates a complaint to him [F58in his capacity as the Health Service Commissioner for England] 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.

[F59(5)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.]

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Amendments (Textual)

F55Words in s. 11(2)(aa) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 182, 245, Sch. 12 para. 13(3); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

F58Words in s. 11(2A) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), ss. 39, 40, Sch. 6 para. 4; S.I. 2005/2800, art. 5(1) (with art. 5(2))

F59S. 11(5) inserted (30.1.2001) by 2000 c. 36, ss. 76(2), 87(2)(b), Sch. 7 para. 1 (with ss. 56, 78)

Modifications etc. (not altering text)

C18S. 11 applied (with modifications) (S.) by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), s. 95

C20S. 11(2) excluded (19.4.2010 for specified purposes, 1.9.2010 for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 217(7), 269(4); S.I. 2010/303, art. 5, Sch. 4; S.I. 2010/1151, art. 4, Sch. 2

C21S. 11(2) excluded by 1974 c. 7, s. 34M(7)(a) (as inserted (1.10.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 5 para. 2; S.I. 2010/1863, art. 2)

C22S. 11(2A) extended (1.7.1999) by S.I. 1999/1351, arts. 1, 17(1)(b); S.I. 1998/3178, art. 3

[F6011A Consultations between Parliamentary Commissioner and [F61other Commissioners or Ombudsmen].E+W+S+N.I.

(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 [F62the Public Services Ombudsman for Wales, the Scottish Public Services Ombudsman or the Health Service Commissioner for England] , he shall—

(a)unless he also holds [F63the office concerned], consult about the complaint with him; and

(b)if he considers it necessary, inform the person initiating the complaint under [F64the][F65Public Services Ombudsman (Wales) Act 2005 or the Health Service][F66 Commissioners Act 1993 [F67, or the Scottish Public Services Ombudsman Act 2002] .]

(2)Where by virtue of subsection (1) above the Commissioner consults with the [F68Public Services Ombudsman for Wales, the Scottish Public Services Ombudsman or the Health Service Commissioner for England] 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.

[F69(2A)Where an authority to which this Act applies is also a listed authority to which the Scottish Public Services Ombudsman Act 2002 applies, the Commissioner must co-operate with the Scottish Public Services Ombudsman to such an extent as appears appropriate when exercising any function in relation to that authority.]

(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].

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Amendments (Textual)

F61Words in s. 11A sidenote substituted (14.7.2005 for W. and otherwise prosp.) by Housing Act 2004 (c. 34), ss. 265(1), 270, Sch. 15 para. 1(2); S.I. 2005/1814, art. 2(f)

F63Words in s. 11A(1)(a) substituted (1.7.1999) by 1998 c. 38, s. 125, Sch. 12 para. 8(2)(b) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F64Words in s. 11A(1)(b) substituted (1.7.1999) by 1998 c. 38, s. 125, Sch. 12 para. 8(2)(c) (with ss. 139(2), 158(2)); S.I. 1999/1290, art. 4

F66Words in s. 11A(1)(b) substituted (5.2.1994) by 1993 c. 46, ss. 20, 22(4), Sch. 2 para. 1

Modifications etc. (not altering text)

C23S. 11A extended (1.7.1999) by S.I. 1999/1351, arts. 1, 17(1)(c); S.I. 1998/3178, art. 3

[F7011ZAACollaborative working between the Parliamentary Commissioner and other CommissionersE+W+S+N.I.

(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 [F71matters which are the subject of an investigation] by—

(a)the Health Service Commissioner for England,

(b)a Local Commissioner, or

(c)both,

[F72include] a matter within his jurisdiction, he may, subject to subsection (4) of this section, conduct an investigation [F73of that matter] under this Act jointly with that Commissioner or those Commissioners.

(4)The Commissioner may not investigate [F74a matter] jointly with another person under subsection (3) of this section unless [F75a complaint about the matter] has been made in accordance with section 5 of this Act.

(5)If the Commissioner conducts an investigation F76. . . 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.]

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Amendments (Textual)

F71Words in s. 11ZAA(3) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 182, 245, Sch. 12 para. 13(4)(a)(i); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

F72Word in s. 11ZAA(3) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 182, 245, Sch. 12 para. 13(4)(a)(ii); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

F73Words in s. 11ZAA(3) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 182, 245, Sch. 12 para. 13(4)(a)(iii); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

F74Words in s. 11ZAA(4) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 182, 245, Sch. 12 para. 13(4)(b)(i); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

F75Words in s. 11ZAA(4) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 182, 245, Sch. 12 para. 13(4)(b)(ii); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

F76Words in s. 11ZAA(5) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 182, 241, 245, Sch. 12 para. 13(4)(c), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(n)(v)(ii) (with art. 6(5))

[F7711AA Disclosure of information by Parliamentary Commissioner to Information Commissioner.E+W+S+N.I.

(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.]

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Amendments (Textual)

F77S. 11AA inserted (30.1.2001) by 2000 c. 36, ss. 76(2), 87(2)(b), Sch. 7 para. 2 (with ss. 56, 78)

[F7811B The Criminal Injuries Compensation Scheme.E+W+S+N.I.

(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)F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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—

(a)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)F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.]

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Amendments (Textual)

F78S. 11B inserted (8.11.1995) by 1995 c. 53, s. 10(1)

Modifications etc. (not altering text)

C24S. 11B(3)(a) extended (1.7.1999) by S.I. 1999/1351, arts. 1, 17(1)(d); S.I. 1998/3178, art. 3

[F8011CThe Victims of Overseas Terrorism Compensation SchemeE+W+S+N.I.

(1)For the purposes of this Act, administrative functions exercisable by an administrator of the Victims of Overseas Terrorism Compensation Scheme (see section 48 of the Crime and Security Act 2010) (“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, a claims officer appointed under section 51(1) of the Crime and Security Act 2010 is an administrator of the Scheme.

(3)The principal officer in relation to any complaint made in respect of any action taken in respect of Scheme functions by a claims officer is such person as may from time to time be designated by the Secretary of State for the purposes of this subsection.

(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.]

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Amendments (Textual)

SupplementalE+W+S+N.I.

12 Interpretation.E+W+S+N.I.

(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;

  • [F81Local Commissioner” means a Local Commissioner under Part 3 of the Local Government Act 1974;]

  • officer” includes employee;

  • [F82“person aggrieved”—

    (a)

    in relation to a complaint under section 5(1) of this Act, means the person who claims or is alleged to have sustained such injustice as is mentioned in section 5(1)(a) of this Act;

    (b)

    in relation to a complaint under section 5(1A) of this Act, means the person to whom the duty referred to in section 5(1A)(a) of this Act is or is alleged to be owed;]

  • 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.

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Amendments (Textual)

13 Application to Northern Ireland. E+W+S+N.I.

(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 [F83or body] established by or with the authority of the Parliament of Northern Ireland; but this Act shall apply to any such department [F84authority 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 [F85include 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]

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Amendments (Textual)

Modifications etc. (not altering text)

C25References to N.I. Prime Minister and Minister to be construed as references to Chief Executive member and heads of N.I. departments respectively: Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), Sch. 5 paras. 5, 7(2)

14 Short title and commencement.E+W+S+N.I.

(1)This Act may be cited as the Parliamentary Commissioner Act 1967.

(2)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 [F86whenever 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.

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Amendments (Textual)

Modifications etc. (not altering text)

C261.4.1967 appointed under s. 14(2) by S.I. 1967/485

SCHEDULES

Section 2.

[F87SCHEDULE 1E+W+S+N.I. Pensions and other benefits

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Amendments (Textual)

F87Sch. 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

Modifications etc. (not altering text)

C27Sch. 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 dayE+W+S+N.I.

1A 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—E+W+S+N.I.

(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.

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Modifications etc. (not altering text)

C28Sch. 1 paras. 1, 2 (as substituted by 1993 c. 8) restricted (5.2.1994) by 1993 c. 46, ss. 1(3), 22(4), Sch. 1 para. 9(3)

Transitional provision for persons appointed before the appointed dayE+W+S+N.I.

2(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—E+W+S+N.I.

(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.

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Modifications etc. (not altering text)

C29Sch. 1 paras. 1, 2 (as substituted by 1993 c. 8) restricted (5.2.1994) by 1993 c. 46, ss. 1(3), 22(4), Sch. 1 para. 9(3)

Effect of election to continue in former schemeE+W+S+N.I.

3Where 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.E+W+S+N.I.

Effect of election for the 1993 schemeE+W+S+N.I.

4(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—E+W+S+N.I.

(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.

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Modifications etc. (not altering text)

C30Sch. 1 para. 4 (as substituted by 1993 c. 8) modified (5.2.1994) by 1993 c. 46, ss. 1(3), 22(4), Sch. 1 para. 9(2)

Effect of election for, or to continue in, the civil service schemeE+W+S+N.I.

5Where 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.E+W+S+N.I.

Effect of election to continue in the old judicial schemeE+W+S+N.I.

6Where 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.E+W+S+N.I.

Time for, and manner of, electionE+W+S+N.I.

7Any 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.E+W+S+N.I.

RegulationsE+W+S+N.I.

8(1)The Treasury may make regulations for purposes supplementary to the other provisions of this Schedule.E+W+S+N.I.

(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.

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Modifications etc. (not altering text)

C31Sch. 1 para. 8 (as substituted by 1993 c. 8) modified (5.2.1994) by 1993 c. 46, ss. 1(3), 22(4), Sch. 1 paras. 9(2), 10(b)

Pensions and benefits to be charged on the Consolidated FundE+W+S+N.I.

9Any pension or other benefit granted by virtue of this Schedule shall be charged on, and issued out of, the Consolidated Fund.E+W+S+N.I.

InterpretationE+W+S+N.I.

10In this Schedule—E+W+S+N.I.

  • 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)

    [F88section 1 of the Pension Schemes Act 1993], or

    (b)

    [F89section 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;

  • 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.]

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Amendments (Textual)

F88Sch. 1 para. 10: Words in definition substituted (7.2.1994) by 1993 c. 48, ss. 190, 193(2), Sch. 8 para.1; S. I. 1994/86, art. 2

F89Sch. 1 para. 10: Words in definition substituted (7.2.1994) by 1993 c. 49, ss. 184, 186(2), Sch. 7 para.7; S.R. 1994/17, art. 2

Section 4

[F90SCHEDULE 2E+W+S+N.I.DEPARTMENTS ETC. SUBJECT TO INVESTIGATION

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Amendments (Textual)

  • Administration of Radioactive Substances Advisory Committee.

  • F91...

  • Advisory Committee on Animal Feedingstuffs.

  • F91...

  • F91...

  • Advisory Committee on Clinical Excellence Awards.

  • Advisory Committee on Consumer Engagement.

  • F91...

  • F91...

  • F92...

  • F91...

  • Advisory Committee on Microbiological Safety of Food.

  • F91...

  • Advisory Committee on Novel Foods and Processes.

  • F93...

  • Advisory Committee on Releases to the Environment.

  • F91...

  • Advisory, Conciliation and Arbitration Service.

  • Advisory Council on Historical Manuscripts.

  • F94...

  • Advisory Council on the Misuse of Drugs.

  • Advisory Council on National Records and Archives.

  • Advisory Council on Public Records.

  • F91...

  • Advisory Group on Military Medicines.

  • Advisory Panel on Public Sector Information.

  • F95...

  • F96...

  • F95...

  • Agriculture and Horticulture Development Board.

  • F97...

  • Animals Procedures Committee.

  • Appeal Officer for Community Interest Companies.

  • Arts and Humanities Research Council.

  • Arts Council of England.

  • Big Lottery Fund.

  • Biotechnology and Biological Sciences Research Council.

  • Board of the Pension Protection Fund.

  • Board of Trade.

  • [F98Board of Trustees of the Science Museum.]

  • Boundary Commission for England.

  • Boundary Commission for Northern Ireland.

  • Boundary Commission for Scotland.

  • Boundary Commission for Wales.

  • British Council.

  • British Film Institute.

  • British Hallmarking Council.

  • British Library Board.

  • British Museum.

  • British Pharmacopoeia Commission.

  • British Tourist Authority.

  • [F99British Transport Police Authority.]

  • Building Regulations Advisory Committee for England.

  • Cabinet Office.

  • Capital for Enterprise Limited.

  • Care Quality Commission.

  • Central Advisory Committee on Pensions and Compensation.

  • Central Bureau for Educational Visits and Exchanges.

  • F91...

  • The Certification Officer.

  • Charity Commission.

  • F100...

  • F101...

  • F102...

  • Children and Family Court Advisory and Support Service.

  • Civil Aviation Authority.

  • Civil Justice Council.

  • Coal Authority.

  • F91...

  • Commission for Equality and Human Rights.

  • F95...

  • Commission on Human Medicines.

  • Commissioner for Victims and Witnesses.

  • F91...

  • F91...

  • The Committee on Climate Change.

  • F91...

  • F91...

  • Committee on Mutagenicity of Chemicals in Food, Consumer Products and the Environment.

  • Committee on Radioactive Waste Management.

  • F91...

  • Committee on Standards in Public Life.

  • Committee on Toxicity of Chemicals in Food, Consumer Products and the Environment.

  • Commonwealth Scholarship Commission in the United Kingdom.

  • [F103Community rehabilitation companies.]

  • F104...

  • [F105Competition and Markets Authority.]

  • Competition Service.

  • Construction Industry Training Board.

  • Consumer Council for Water.

  • Council for Science and Technology.

  • Crown Estate Office.

  • Defence Nuclear Safety Committee.

  • Defence Scientific Advisory Council.

  • DEFRA Science Advisory Council.

  • [F106Department for Business, Energy and Industrial Strategy]

  • F107...

  • Department for Communities and Local Government.

  • Department for Culture, Media and Sport.

  • Department for Education.

  • Department for Environment, Food and Rural Affairs.

  • Department for International Development.

  • [F106Department for International Trade]

  • Department for Transport.

  • Department for Work and Pensions.

  • F107...

  • Department of Health.

  • F91...

  • [F108Director of Labour Market Enforcement]

  • F109...

  • Disabled Persons Transport Advisory Committee.

  • [F110Disclosure and Barring Service.]

  • Economic and Social Research Council.

  • Electoral Commission.

  • [F99Electricity Settlements Company Ltd.]

  • Engineering Construction Industry Training Board.

  • Engineering and Physical Sciences Research Council.

  • English Sports Council.

  • English Tourist Board.

  • Environment Agency.

  • F95...

  • The Ethics Group: National DNA Database.

  • Ethnic Minority Business Forum.

  • F91...

  • Export Credits Guarantee Department.

  • F111...

  • Film Industry Training Board for England and Wales.

  • F112...

  • Food Standards Agency.

  • Foreign and Commonwealth Office.

  • Forestry Commission.

  • Fuel Poverty Advisory Group.

  • Gambling Commission.

  • [F113Gangmasters and Labour Abuse Authority].

  • Gas and Electricity Markets Authority.

  • Geffrye Museum.

  • F91...

  • General Advisory Committee on Science.

  • F114...

  • F91...

  • Government Actuary’s Department.

  • Government Equalities Office.

  • The Great Britain-China Centre.

  • [F115Groceries Code Adjudicator.]

  • Health and Safety Executive.

  • [F116Health and Social Care Information Centre.]

  • [F117Health Education England]

  • F118...

  • [F119Health Research Authority.]

  • Her Majesty’s Revenue and Customs.

  • Her Majesty’s Stationery Office.

  • Her Majesty’s Treasury.

  • F91...

  • F120...

  • High Speed Two (HS2) Ltd.

  • Historic Buildings and Monuments Commission for England.

  • Historic Royal Palaces.

  • Home Office.

  • Homes and Communities Agency.

  • The Horniman Public Museum and Public Park Trust.

  • Horserace Betting Levy Board.

  • Human Fertilisation and Embryology Authority.

  • F91...

  • Human Tissue Authority.

  • The Immigration Services Commissioner.

  • Imperial War Museum.

  • F91...

  • Independent Advisory Panel on Deaths in Custody.

  • Independent Agricultural Appeals Panel.

  • Independent Commission for Aid Impact.

  • Independent Living Fund (2006).

  • [F99Independent Medical Expert Group.]

  • Independent Reconfiguration Panel.

  • F121...

  • F91...

  • F91...

  • F122...

  • Independent Scientific Group on Cattle TB.

  • Industrial Development Advisory Board.

  • Industrial Injuries Advisory Council.

  • The Information Commissioner.

  • F123...

  • F91...

  • F91...

  • Joint Nature Conservation Committee.

  • Land Registry.

  • Law Commission.

  • The Leasehold Advisory Service.

  • F124...

  • The following general lighthouse authorities—

    (a)

    the Corporation of the Trinity House of Deptford Strond;

    (b)

    the Commissioners of Northern Lighthouses.

  • F125...

  • Local Government Boundary Commission for England.

  • [F99Low Carbon Contracts Company Ltd.]

  • Low Pay Commission.

  • The Marine Management Organisation.

  • Marshall Aid Commemoration Commission.

  • F91...

  • Medical Research Council.

  • F91...

  • Ministry of Defence.

  • Ministry of Justice.

  • [F126Monitor.]

  • F91...

  • Museums, Libraries and Archives Council.

  • [F127National Advisory Group on Clinical Audit and Enquiries.]

  • The National Archives.

  • National Army Museum.

  • F128...

  • F129...

  • [F130National Crime Agency.]

  • National Employer Advisory Board.

  • National Employment Savings Trust Corporation.

  • F131...

  • National Forest Company.

  • National Gallery.

  • National Heritage Memorial Fund.

  • F132...

  • [F133National Institute for Health and Care Excellence.]

  • F91...

  • F134...

  • National Maritime Museum.

  • National Museum of the Royal Navy.

  • F135...

  • National Museums and Galleries on Merseyside.

  • F136...

  • National Portrait Gallery.

  • Natural England.

  • Natural Environment Research Council.

  • Natural History Museum.

  • [F137Natural Resources Body for Wales.]

  • Northern Ireland Human Rights Commission.

  • Northern Ireland Office.

  • Nuclear Decommissioning Authority.

  • Nuclear Liabilities Financing Assurance Board.

  • Nuclear Liabilities Fund.

  • Nuclear Research Advisory Council.

  • Nutrition Forum.

  • Office for Budget Responsibility.

  • [F138Office for Nuclear Regulation.]

  • Office for Standards in Education, Children’s Services and Skills.

  • [F139Office for Students.]

  • F140...

  • Office of the Children’s Commissioner.

  • Office of Communications.

  • F104...

  • Office of Public Sector Information.

  • Office of Qualifications and Examinations Regulation.

  • [F141Office of Rail and Road].

  • Office of the Regulator of Community Interest Companies.

  • Office of the Secretary of State for Scotland.

  • Official receiver.

  • The Official Solicitor to the Supreme Court.

  • F142...

  • F95...

  • Ordnance Survey.

  • Parades Commission for Northern Ireland.

  • Parole Board.

  • F91...

  • Passengers’ Council.

  • The Pensions Regulator.

  • F143...

  • F144...

  • Public Record Office.

  • [F145Pubs Code Adjudicator.]

  • F146...

  • F147...

  • Regional Advisory Committees.

  • F148...

  • [F149The Registrar of Consultant Lobbyists]

  • Registrar General for England and Wales.

  • [F150Regulatory Policy Committee]

  • Remploy Ltd.

  • F91...

  • Residuary Bodies.

  • Reviewing Committee on the Export of Works of Art and Objects of Cultural Interest.

  • Royal Air Force Museum.

  • Royal Armouries Museum.

  • Royal Botanic Gardens, Kew.

  • Royal Commission on Historical Manuscripts.

  • Royal Mint.

  • Science Advisory Committee on the Medical Implications of Less Lethal Weapons.

  • Science and Technology Facilities Council.

  • F91...

  • Sea Fish Industry Authority.

  • Security Industry Authority.

  • Sentencing Council for England and Wales.

  • F151...

  • [F152Single Source Regulations Office.]

  • Sir John Soane’s Museum.

  • [F153Small Business Commissioner.]

  • F154...

  • [F155Social Mobility and Child Poverty Commission]

  • Social Science Research Committee.

  • Social Security Advisory Committee.

  • Sports Grounds Safety Authority.

  • F156...

  • Statistics Board.

  • [F157A strategic highways company for the time being appointed under Part 1 of the Infrastructure Act 2015.]

  • Supreme Court.

  • F91...

  • Tate Gallery.

  • Technology Strategy Board.

  • The Theatres Trust.

  • F158...

  • Treasure Valuation Committee.

  • The Treasury Solicitor.

  • UK Anti-Doping Ltd.

  • F91...

  • UK Commission for Employment and Skills.

  • F91...

  • UK National Authority Advisory Group.

  • F91...

  • United Kingdom Atomic Energy Authority.

  • [F159United Kingdom Research and Innovation.]

  • United Kingdom Sports Council.

  • F91...

  • Unlinked Anonymous Surveys Steering Group.

  • F91...

  • Urban development corporations established for urban development areas wholly in England.

  • Valuation Tribunal Service.

  • Veterinary Products Committee.

  • F160...

  • Victoria and Albert Museum.

  • Wales Office.

  • Wallace Collection.

  • War pensions committees.

  • Water Services Regulation Authority.

  • Westminster Foundation for Democracy.

  • F91...

  • F161...

  • Youth Justice Board for England and Wales.

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Amendments (Textual)

F91Sch. 2: entries omitted (1.4.2013) by virtue of The Parliamentary Commissioner Order 2013 (S.I. 2013/238), arts. 1(1), 2(b)

F95Sch. 2: entries omitted (6.4.2015) by virtue of The Parliamentary Commissioner Order 2015 (S.I. 2015/214), arts. 1, 2(3)

F100Sch. 2: entry omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 32

F124Sch. 2: entry omitted (1.4.2013) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 2; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

F128Sch. 2: entry omitted (1.4.2013) by virtue of The Parliamentary Commissioner Order 2013 (S.I. 2013/238), arts. 1(1), 2(c)

F135Sch. 2: entry omitted (1.4.2013) by virtue of The Parliamentary Commissioner Order 2013 (S.I. 2013/238), arts. 1(1), 2(d)

F143Sch. 2: entry omitted (6.4.2015) by virtue of The Parliamentary Commissioner Order 2015 (S.I. 2015/214), arts. 1, 2(4)

F146Sch. 2: entry omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 2; S.I. 2012/924, art. 2

F148Sch. 2: entry repealed (1.7.2012 at 0.02 a.m.) by Public Bodies Act 2011 (c. 24), s. 38(3), Sch. 6 Note 1; S.I. 2012/1662, art. 2(2)(b)

F158Sch. 2: entry omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 5 para. 2; S.I. 2012/924, art. 2

F161Sch. 2: entry omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 2; S.I. 2012/924, art. 2

NOTES

  • General

    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, did so only when it was a department or authority to which this Act applied.

  • Board of the Pension Protection Fund

    In the case of the Board of the Pension Protection Fund, an investigation may be conducted only in respect of action in connection with its functions relating to the financial assistance scheme established by regulations under section 286(1) of the Pensions Act 2004.

  • Cabinet Office

    The reference to the Cabinet Office does not include any of the Secretariats (including the intelligence and security functions carried out by the Chairman of the Joint Intelligence Committee and the Prime Minister’s Security Adviser respectively) or the office of the Secretary of the Cabinet. The reference to the Cabinet Office includes the Lord President of the Council’s Office, 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.

    Committee on Climate Change

    In the case of the Committee on Climate Change, no investigation is to be conducted in respect of any action taken by or on behalf of the Committee—

    (a)

    in the exercise in or as regards Scotland of any function to the extent that the function is exercisable within devolved competence (within the meaning of section 54 of the Scotland Act 1998), or

    (b)

    in connection with functions of the Committee in relation to Wales (within the meaning of the Government of Wales Act 2006).

  • Environment Agency

    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 Water Resources Act 1991; and no investigation is to 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 2006).

  • Forestry Commission

    In the case of the Forestry Commission no investigation is to 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 2006).

  • Government Actuary’s Department

    In the case of the Government Actuary’s Department an investigation may be conducted only in respect of the giving of advice by the Government Actuary’s Department on or before 26th April 2001 relating to the exercise of functions under—

    (a)

    Part 2 of the Insurance Companies Act 1982, or

    (b)

    any other enactment relating to the regulation of insurance companies within the meaning of that Act.

  • F162...

    F162...

  • HM Treasury

    The reference to Her Majesty’s 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 Her Majesty’s Treasury; but it does not include National Savings and Investments.

  • Homes and Communities Agency

    In the case of the Homes and Communities Agency no investigation is to be conducted in respect of any action in connection with functions in relation to town and country planning.

  • Corporation of the Trinity House of Deptford Strond

    In the case of the Corporation of the Trinity House of Deptford Strond an investigation may be conducted only in respect of action in connection with its functions as a general lighthouse authority.

  • Ministry of Defence

    The reference to the Ministry of Defence includes the Defence Council, the Admiralty Board, the Army Board and the Air Force Board.

  • Ministry of Justice

    The reference to the Ministry of Justice includes the Public Trustee but does not include the Privy Council Office or the Office of the Judicial Committee of the Privy Council.

  • [F163National Crime Agency]

    In the case of the [F164National Crime Agency], an investigation may be conducted only in respect of the exercise of functions vested in it by virtue of a notice served on the Commissioners for Her Majesty’s Revenue and Customs under section 317(2), 321(2) or 322(2) of the Proceeds of Crime Act 2002 (Revenue functions).

  • Statistics Board

    In the case of the Statistics Board, no investigation is to be conducted in relation to any action taken by or on behalf of the Board in the exercise of any of its functions where the function is being exercised only in relation to Scottish devolved statistics (within the meaning of section 66 of the Statistics and Registration Service Act 2007).

  • Supreme Court

    In the case of the Supreme Court an investigation may be conducted only in respect of action taken by administrative staff but not 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.

  • Treasury Solicitor

    The reference to the Treasury Solicitor does not include a reference to Her Majesty’s Procurator General.

  • Urban development corporations

    In the case of an urban development corporation no investigation is to be conducted in respect of any action in connection with functions in relation to town and country planning.]

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Amendments (Textual)

F162Sch. 2: paragraph in Notes relating to Health Protection Agency omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 7 para. 1(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

SCHEDULE 3E+W+S+N.I. Matters not subject to investigation

1Action 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.E+W+S+N.I.

[F1652(1)Action taken, in any country or territory outside the United Kingdom, by or on behalf of any officer representing or acting under the authority of Her Majesty in respect of the United Kingdom, or any other officer of the Government of the United Kingdom other than,E+W+S+N.I.

(a)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;

(b)action which is taken by an officer within a control zone or a supplementary control zone; or

(c)action which is taken by a British sea-fishery officer.

(2)In this paragraph—

(a)control zone” has the meaning given collectively by Schedule 1 to the Channel Tunnel (International Arrangements) Order 1993, Schedule 1 to the Channel Tunnel (Miscellaneous Provisions) Order 1994 and regulation 2 of the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003;

(b)supplementary control zone” has the meaning given by Schedule 1 to the Channel Tunnel (International Arrangements) Order 1993;

(c)British sea-fishery officer” has the meaning given by section 7 of the Sea Fisheries Act 1968.]

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Amendments (Textual)

3Action 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.E+W+S+N.I.

[F1664Action taken by the Secretary of State under the Extradition Act 2003.]E+W+S+N.I.

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Amendments (Textual)

F166Sch. 3 para. 4 substituted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 219, 221, Sch. 3 para. 2; S.I. 2003/3103, art. 2 (subject to savings in Order)

Modifications etc. (not altering text)

5Action 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.E+W+S+N.I.

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Modifications etc. (not altering text)

C33Sch. 3 para. 5 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(a)

6The commencement or conduct of civil or criminal proceedings before any court of law in the United Kingdom, of [F167service law proceedings (as defined by section 324(5) of the Armed Forces Act 2006) (anywhere)] or the M7Air Force Act 1955, or of proceedings before any international court or tribunal.E+W+S+N.I.

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Amendments (Textual)

F167Words in Sch. 3 para. 6 substituted (28.3.2009 for specified purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 48(a); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C34Sch. 3 para. 6 modified (24.4.2009 for certain purposes and 31.10.2009 otherwise) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 205, Sch. 1 para. 9

Marginal Citations

[F1686AAction 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.]E+W+S+N.I.

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Amendments (Textual)

[F1696B(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.E+W+S+N.I.

(2)In this paragraph, “relevant tribunal” has the meaning given by section 5(8) of this Act.]

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Amendments (Textual)

F169Sch. 3 para. 6B inserted (5.9.1994) by 1994 c. 14, ss. 1(2), 3(2)

Modifications etc. (not altering text)

C35Sch. 3 para. 6B(2) extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(b)

6CF170. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

7Any 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 F171. . . the High Court of Justiciary or the [F172Court Martial Appeal Court].E+W+S+N.I.

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Amendments (Textual)

F171Sch. 3 para. 7: words repealed (31.3.1997) by 1995 c. 35, s. 29(2), Sch. 3; S.I. 1997/402, arts. 3(f), 4.

F172Words in Sch. 3 para. 7 substituted (28.3.2009 for specified purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 48(b); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C36Sch. 3 para. 7 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(a)

C37Sch. 3 para. 7 continued (28.2.1999) by S.I. 1999/652, art. 3(2)

8[F173(1)] Action taken on behalf of F174... the Secretary of State by [F175a local authority, the National Health Service Commissioning Board, a clinical commissioning group] F176... F174[F177... F178..., [F179or] a Special Health Authority] F174....E+W+S+N.I.

[F180(2)For the purposes of this paragraph, action taken by [F181a local authority, the National Health Service Commissioning Board, a clinical commissioning group or] F182... F183... , Special Health Authority F184... in the exercise of functions of the Secretary of State shall be regarded as action taken on his behalf.]

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Amendments (Textual)

F173Sch. 3 para. 8 renumbered (8.2.2000) as Sch. 3 para. 8(1) by S.I. 2000/90, art. 3(1), Sch. 1 para. 5 (with art. 2(5))

F174Words in Sch. 3 para. 8(1) omitted (13.2.2009) by virtue of The Parliamentary Commissioner Order 2008 (S.I. 2008/3115), art. 3(1)

F175Words in Sch. 3 para. 8(1) inserted (1.10.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 8(a)(i); S.I. 2012/1831, art. 2(2); S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. para. 12)

F177Words in Sch. 3 para. 8 substituted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 5(a) (with art. 2(5))

F179Word in Sch. 3 para. 8(1) inserted (13.2.2009) by The Parliamentary Commissioner Order 2008 (S.I. 2008/3115), art. 3(2)

F180Sch. 3 para. 8(2) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 5(b) (with art. 2(5))

F181Words in Sch. 3 para. 8(2) inserted (1.10.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 8(b)(i); S.I. 2012/1831, art. 2(2); S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. para. 12)

F183Words in Sch. 3 para. 8(2) omitted (13.2.2009) by virtue of The Parliamentary Commissioner Order 2008 (S.I. 2008/3115), art. 4

Modifications etc. (not altering text)

C38Sch. 3 para. 8 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(a)

9Action 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—E+W+S+N.I.

(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.

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Modifications etc. (not altering text)

C39Sch. 3 para. 9 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(c)

10[F185(1)]Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters, in relation to—E+W+S+N.I.

(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 [F186to 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.

[F187(1A)Sub-paragraph (1)(a) 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 the provision of any allowance, grant, supplement or benefit under—

(a)the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006 (S.I.2006/606); or

(b)the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (S.I. 2011/517).]

[F188(2)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 [F189or 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.]

[F190(3)Sub-paragraph (1)(c) does not apply to any action (not otherwise excluded from investigation by this Schedule) which is taken by the Treasury in connection with—

(a)the provision of information relating to the terms and conditions of any employment covered by an agreement entered into by the Treasury pursuant to the exercise of the Treasury’s powers under Part 1 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 such an agreement.]

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Amendments (Textual)

F185Sch. 3 para. 10 renumbered as Sch. 3 para. 10(1) by S.I. 1983/1707, art. 2(a)

F186Words substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39 SIF 89), s. 1(3)(c)

F188Sch. 3 para. 10(2) inserted by S.I. 1983/1707, art. 21(b)

F189Words in Sch. 3 para. 10(2)(a) inserted (17.6.2002) by 2002 c. 1, s. 19, Sch. 3 para. 2; S.I. 2002/1408, art. 2

Modifications etc. (not altering text)

C40Sch. 3 para. 10 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(c)

Marginal Citations

11The grant of honours, awards or privileges within the gift of the Crown, including the grant of Royal Charters.E+W+S+N.I.

[F19112(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.E+W+S+N.I.

(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.]

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Amendments (Textual)

Section 5

X1[F192SCHEDULE 4E+W+S+N.I.RELEVANT TRIBUNALS FOR THE PURPOSES OF SECTION 5(7)

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Editorial Information

X1This version of Sch 4 contains only those entries in force on 3.11.2008 as they stood at that date and reflects insertions, substitutions and repeals made since that date. For information about entries repealed on or before that date and other amendment history, please refer to earlier versions.

Amendments (Textual)

  • F193...

  • Agricultural Land Tribunals constituted under section 73 of the Agriculture Act 1947.

  • Appeal tribunals constituted under Chapter 1 of Part 1 of the Social Security Act 1998.

  • The 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.

  • Tribunals of Appeal constituted under section 109 of the London Building Acts (Amendment) Act 1939.

  • F194...

  • Central Arbitration Committee constituted under section 259 of the Trade Union and Labour Relations (Consolidation) Act 1992.

  • F195...

  • Competition Appeal Tribunal constituted under section 12 of the Enterprise Act 2002.

  • Copyright Tribunal constituted under section 145 of the Copyright, Designs and Patents Act 1988.

  • F196...

  • F196...

  • Foreign Compensation Commission constituted under section 1 of the Foreign Compensation Act 1950.

  • Horserace Betting Levy Appeal Tribunal for England and Wales constituted under section 29 of the Betting, Gaming and Lotteries Act 1963.

  • F197...

  • F198...

  • F199...

  • National Health Service Medicines (Control of Prices and Profits) Appeal Tribunal constituted under regulation 7 of the Health Service Medicines (Price Control Appeals) Regulations 2000.

  • Ombudsman for the Board of the Pension Protection Fund appointed under section 209 of the Pensions Act 2004.

  • Pensions Ombudsman established under section 145 of the Pension Schemes Act 1993.

  • F200...

  • F201...

  • Plant Varieties and Seeds Tribunal (referred to in section 42 of the Plant Varieties Act 1997).

  • Reference committees constituted under section 27 of the Forestry Act 1967.

  • Rent assessment committees constituted under section 65 of, and Schedule 10 to, the Rent Act 1977 (including when exercising the jurisdiction of residential property tribunals as provided for in section 229 of the Housing Act 2004) 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 and continued as rent tribunals for the purpose of references pursuant to the provisions in Part V of the Rent Act 1977.

  • F194...

  • Traffic commissioners appointed under section 4 of the Public Passenger Vehicles Act 1981.

  • [F202The Valuation Tribunal for England established under Schedule 11 to the Local Government Finance Act 1988]]

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Amendments (Textual)

F195Sch. 4: entry repealed (1.12.2010) by Commons Act 2006 (c. 26), s. 56, Sch. 6 Pt. 1 (with s. 60); S.I. 2010/2356, art. 3(3)

F196Sch. 4: entries omitted (12.3.2010) by virtue of The Parliamentary Commissioner Order 2010 (S.I. 2010/239), arts. 1(1), 3

F198Sch. 4: entry omitted (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 6 para. 22(2); S.I. 2015/1732, art. 2(e)(vi) (with art. 7)

F199Sch. 4: entry omitted (13.2.2009) by virtue of The Parliamentary Commissioner Order 2008 (S.I. 2008/3115), art. 5

F200Sch. 4: entry omitted (30.4.2011) by virtue of The Parliamentary Commissioner Order 2011 (S.I. 2011/751), arts. 1(1), 3(a)

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