- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Parliamentary Commissioner Act 1967. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
(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
[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.
(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.
Modifications etc. (not altering text)
(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].
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: