Parliamentary Commissioner Act 1967

Changes to legislation:

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.

Changes to Legislation

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Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:

Changes and effects

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.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 11C inserted by 2010 c. 17 Sch. 2 para. 1

Commencement Orders yet to be applied to the Parliamentary Commissioner Act 1967:

Commencement Orders

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:

S.I. 2003/53 art. 4(c) commences (2001 c. 15)
S.I. 2003/120 art. 2 Sch. commences (2002 c. 29)
S.I. 2003/766 art. 2 Sch. commences (2002 c. 40)
S.I. 2003/1397 art. 2(1) Sch. commences (2002 c. 40)
S.I. 2003/1900 art. 2(1) Sch. 1 art. 2(2) Sch. 2 commences (2003 c. 21)
S.I. 2003/2093 art. 2(1) Sch. 1 art. 2(2) Sch. 2 commences (2002 c. 40)
S.I. 2003/2938 art. 6(a) commences (2003 c. 26)
S.I. 2003/3103 art. 2 commences (2003 c. 41)
S.I. 2003/3142 art. 3(1) art. 3(2) 4(2) Sch. 1 2 commences (2003 c. 21)
S.I. 2004/3255 art. 2 commences (2004 c. 8)
S.I. 2004/3322 art. 2(1) Sch. 1 commences (2004 c. 27)
S.I. 2006/1014 art. 2(a) Sch. 1 para 30(b) commences (2005 c. 4)
S.I. 2006/1997 art. 3(2) commences (2004 c. 30)
S.I. 2007/456 art. 3(e)(i) commences (2006 c. 26)
S.I. 2007/709 art. 3(a) commences (2006 c. 48)
S.I. 2007/935 art. 5(ii) commences (2006 c. 40)
S.I. 2007/2603 art. 2(d) commences (2006 c. 3)
S.I. 2009/803 art. 1(2) 10 commences (2008 c. 17)
S.I. 2009/812 art. 3(a)(b) commences (2006 c. 52)
S.I. 2009/3250 art. 2(i) commences (2007 c. 29)
S.I. 2010/303 art. 2-7 Sch. 1-6 commences (2009 c. 22)
S.I. 2010/478 art. 2 commences (S.I. 2010/234)
S.I. 2010/816 art. 2-6 Sch. commences (2009 c. 25)
S.I. 2010/862 art. 2 commences (2008 c. 17)
S.I. 2010/1151 art. 2-4 commences (2009 c. 22)
S.I. 2010/1863 art. 2 commences (2009 c. 21)
S.I. 2010/2089 art. 1-8 commences (2007 c. 29)
S.I. 2010/2356 art. 3 commences (2006 c. 26)
S.I. 2010/2703 art. 2 commences (2010 c. 25)
S.I. 2011/892 art. 2 3 Commencement Order
S.I. 2011/2329 art. 3 commences (2011 c. 5)
S.I. 2011/2597 art. 2 commences (2011 c. 6)
S.I. 2012/628 art. 2-8 commences (2011 c. 20)
S.I. 2012/924 art. 2 Coming into force
S.I. 2012/1319 art. 2(3) art. 2(4) commences (2012 c. 7)
S.I. 2012/1662 art. 2(2)(b) commences (2011 c. 24)

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

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(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;

[F2(aa)for the purposes of [F3a 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 [F4the 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.

[F5(2A)Where the Commissioner also [F6holds office as the Health Service Commissioner for England] and a person initiates a complaint to him [F6in 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.

[F7(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.]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1S. 11(1) repealed by Official Secrets Act 1989 (c. 6, SIF 39:2), s. 16(4), Sch. 2

F2S. 11(2)(aa) inserted (1.8.2007) by The Regulatory Reform (Collaboration etc. between Ombudsmen) Order 2007 (S.I. 2007/1889), art. 8

F3Words 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))

F4Words substituted by Official Secrets Act 1989 (c. 6, SIF 39:2), s. 16(3), Sch. 1 para. 1

F5S. 11(2A) inserted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 4(1)

F6Words 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 5(2))

F7S. 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)

C1S. 11 applied with modifications (S.) by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), s. 95

C2S. 11(2) excluded (S.) by Local Government (Scotland) Act 1975 (c. 30, SIF 81:2), s. 31(5)

C3S. 11(2) excluded (prosp.) by 1974 c. 7, s. 34M(7)(a) (as inserted by Health Act 2009 (c. 21), ss. 35, 40, Sch. 5 para. 2)