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U.K.

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]

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 AdministrationU.K.

1 Appointment and tenure of office.U.K.

(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

Textual Amendments

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.U.K.

[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.

Textual Amendments

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.U.K.

(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.

[F173A Appointment of acting Commissioner.U.K.

(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].

Textual Amendments

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 CommissionerU.K.

[F214 Departments etc. subject to investigation.U.K.

(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.

(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 by the Public Services Ombudsman for Wales under [F22the Public Services Ombudsman (Wales) Act 2019].

[F23(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].

Textual Amendments

F23S. 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.U.K.

(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.

[F24(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 [F25, violent or terrorism] 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.]

Textual Amendments

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.U.K.

(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.]

Textual Amendments

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. U.K.

(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.

8 Evidence. U.K.

(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.

9 Obstruction and contempt. U.K.

(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.

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.U.K.

(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.

11 Provision for secrecy of information. U.K.

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.]

Textual Amendments

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].U.K.

(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 Public Services Ombudsman (Wales) Act 2019] or [F65the Health Service Commissioners Act 1993] [F66, or the Scottish Public Services Ombudsman Act 2002].

(2)Where by virtue of subsection (1) above the Commissioner consults with the [F67Public 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.

[F68(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].

Textual Amendments

F61Words in s. 11A sidenote substituted (14.7.2005 for W.) 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 (E.W.) (23.7.2019) by Public Services Ombudsman (Wales) Act 2019 (anaw 3), s. 77(1), Sch. 5 para. 7; S.I. 2019/1096, reg. 2

F65Words 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

[F6911ZAACollaborative working between the Parliamentary Commissioner and other CommissionersU.K.

(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 [F70matters which are the subject of an investigation] by—

(a)the Health Service Commissioner for England,

(b)a Local Commissioner, or

(c)both,

[F71include] a matter within his jurisdiction, he may, subject to subsection (4) of this section, conduct an investigation [F72of that matter] under this Act jointly with that Commissioner or those Commissioners.

(4)The Commissioner may not investigate [F73a matter] jointly with another person under subsection (3) of this section unless [F74a complaint about the matter] has been made in accordance with section 5 of this Act.

(5)If the Commissioner conducts an investigation F75. . . 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.]

Textual Amendments

F70Words 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))

F71Word 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))

F72Words 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))

F73Words 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))

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)(ii); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

F75Words 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))

[F7611AA Disclosure of information by Parliamentary Commissioner to Information Commissioner.U.K.

(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—

[F77(i)sections 142 to 154, 160 to 164 or 174 to 176 of, or Schedule 15 to, the Data Protection Act 2018 (certain provisions relating to enforcement),]

(ii)section 48 of the Freedom of Information Act 2000 (practice recommendations), or

(iii)Part IV of that Act (enforcement), or

[F78(b)the commission of an offence under—

(i)a provision of the Data Protection Act 2018 other than paragraph 15 of Schedule 15 (obstruction of execution of warrant etc), 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.]

[F7911B The Criminal Injuries Compensation Scheme.U.K.

(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)F80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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)F80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.]

Textual Amendments

F79S. 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

[F8111CThe Victims of Overseas Terrorism Compensation SchemeU.K.

(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.]

Textual Amendments

SupplementalU.K.

12 Interpretation.U.K.

(1)In this Act the following expressions have the meanings hereby respectively assigned to them, that is to say—

(2)References in this Act to any enactment are references to that enactment as amended or extended by or under any other enactment.

(3)It is hereby declared that nothing in this Act authorises or requires the Commissioner to question the merits of a decision taken without maladministration by a government department or other authority in the exercise of a discretion vested in that department or authority.

13 Application to Northern Ireland. U.K.

(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 [F84or body] established by or with the authority of the Parliament of Northern Ireland; but this Act shall apply to any such department [F85authority 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 [F86include 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]

Textual Amendments

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.U.K.

(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 [F87whenever 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.

Textual Amendments

Modifications etc. (not altering text)

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

SCHEDULES

Section 2.

[F88SCHEDULE 1U.K. Pensions and other benefits

Textual Amendments

F88Sch. 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 dayU.K.

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—

(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.

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 dayU.K.

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—U.K.

(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.

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 schemeU.K.

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.

Effect of election for the 1993 schemeU.K.

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—U.K.

(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.

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 schemeU.K.

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.

Effect of election to continue in the old judicial schemeU.K.

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.

Time for, and manner of, electionU.K.

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.

RegulationsU.K.

8(1)The Treasury may make regulations for purposes supplementary to the other provisions of this Schedule.U.K.

(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.

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 FundU.K.

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

InterpretationU.K.

10In this Schedule—

Textual Amendments

F89Sch. 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

F90Sch. 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

[F91SCHEDULE 2U.K.DEPARTMENTS ETC. SUBJECT TO INVESTIGATION

Textual Amendments

Textual Amendments

F92Sch. 2: entries omitted (1.4.2013) by virtue of The Parliamentary Commissioner Order 2013 (S.I. 2013/238), arts. 1(1), 2(b)

F96Sch. 2: entries omitted (6.4.2015) by virtue of The Parliamentary Commissioner Order 2015 (S.I. 2015/214), arts. 1, 2(3)

F99Sch. 2: entries omitted (31.10.2018 except the entries relating to the Medical Research Council and the Science and Technology Facilities Council) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 5; S.I. 2018/1054, reg. 2(d)(iii)

F102Sch. 2: entry omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 32

F128Sch. 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)

F134Sch. 2: entry omitted (1.4.2013) by virtue of The Parliamentary Commissioner Order 2013 (S.I. 2013/238), arts. 1(1), 2(c)

F142Sch. 2: entry omitted (1.4.2013) by virtue of The Parliamentary Commissioner Order 2013 (S.I. 2013/238), arts. 1(1), 2(d)

F150Sch. 2: entry omitted (6.4.2015) by virtue of The Parliamentary Commissioner Order 2015 (S.I. 2015/214), arts. 1, 2(4)

F153Sch. 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

F155Sch. 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)

F167Sch. 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

F170Sch. 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

Textual Amendments

F171Sch. 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 3U.K. 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.

[F1742(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,U.K.

(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.]

Textual Amendments

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.

[F1754Action taken by the Secretary of State under the Extradition Act 2003.]

Textual Amendments

F175Sch. 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.

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 [F176service 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.

Textual Amendments

F176Words 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

[F1776AAction 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.]

Textual Amendments

[F1786B(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.U.K.

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

Textual Amendments

F178Sch. 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)

6CF179. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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 F180. . . the High Court of Justiciary or the [F181Court Martial Appeal Court].

Textual Amendments

F180Sch. 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.

F181Words 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[F182(1)] Action taken on behalf of F183... the Secretary of State by [F184a local authority, the National Health Service Commissioning Board, a clinical commissioning group] F185... F183[F186... F187..., [F188or] a Special Health Authority] F183....U.K.

[F189(2)For the purposes of this paragraph, action taken by [F190a local authority, the National Health Service Commissioning Board, a clinical commissioning group or] F191... F192... , Special Health Authority F193... in the exercise of functions of the Secretary of State shall be regarded as action taken on his behalf.]

Textual Amendments

F182Sch. 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))

F183Words 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)

F184Words 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)

F186Words 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))

F188Word in Sch. 3 para. 8(1) inserted (13.2.2009) by The Parliamentary Commissioner Order 2008 (S.I. 2008/3115), art. 3(2)

F189Sch. 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))

F190Words 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)

F192Words 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—

(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.

Modifications etc. (not altering text)

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

10[F194(1)]Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters, in relation to—U.K.

(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 [F195to 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.

[F196(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).]

[F197(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 [F198or 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.]

[F199(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.]

Textual Amendments

F194Sch. 3 para. 10 renumbered as Sch. 3 para. 10(1) by S.I. 1983/1707, art. 2(a)

F195Words substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39 SIF 89), s. 1(3)(c)

F197Sch. 3 para. 10(2) inserted by S.I. 1983/1707, art. 21(b)

F198Words 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.

[F20012(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.U.K.

(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.]

Section 5

X1[F201SCHEDULE 4U.K.RELEVANT TRIBUNALS FOR THE PURPOSES OF SECTION 5(7)

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.

Textual Amendments