The Parliamentary Commissioner Order 1996

Statutory Instruments

1996 No. 1914

PARLIAMENTARY COMMISSIONER

The Parliamentary Commissioner Order 1996

Made

23rd July 1996

Laid before Parliament

2nd August 1996

Coming into force

23rd August 1996

At the Court at Buckingham Palace, the 23rd day of July 1996.

Present,

The Queen’s Most Excellent Majesty in Council.

Her Majesty, in pursuance of section 5(9) of the Parliamentary Commissioner Act 1967(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1.  This Order may be cited as the Parliamentary Commissioner Order 1996 and shall come into force on 23rd August 1996.

2.  Schedule 4 to the Parliamentary Commissioner Act 1967(2) shall be amended by the insertion in the appropriate place in alphabetical order of the following entries:—

• Agricultural Land Tribunals constituted under section 73 of the Agriculture Act 1947(3).

• Central Arbitration Committee constituted under section 259 of the Trade Union and Labour Relations (Consolidation) Act 1992(4).

• Commons Commissioners constituted under section 17 of the Commons Registration Act 1965(5).

• Copyright Tribunal constituted under section 145 of the Copyright Designs and Patents Act 1988(6).

• Court of the Lord Lyon provision for whose powers and constitution was made in the Lyon King of Arms Act 1592(7) and the Lyon King of Arms Act 1867(8).

• Dairy Produce Quota Tribunal for England and Wales constituted under regulation 6 of the Dairy Produce Quotas Regulations 1984(9) and continued in existence under regulation 35 of, and Schedule 6 to, the Dairy Produce Quotas Regulations 1994(10).

• Dairy Produce Quota Tribunal for Scotland constituted under regulation 6 of the Dairy Produce Quotas Regulations 1984(11) and continued in existence under regulation 35 of, and Schedule 6 to, the Dairy Produce Quotas Regulations 1994(12).

• Data Protection Tribunal constituted under section 3 of the Data Protection Act 1984(13).

• Employment Appeal Tribunal established under section 87 of the Employment Protection Act 1975(14) and continued in existence under section 135 of, and Schedule 11 to, the Employment Protection (Consolidation) Act 1978(15).

• Financial Services Tribunal constituted under section 96 of the Financial Services Act 1986(16).

• Foreign Compensation Commission constituted under section 1 of the Foreign Compensation Act 1950(17).

• Horserace Betting Levy Appeal Tribunal for England and Wales constituted under section 29 of the Betting, Gaming and Lotteries Act 1963(18).

• 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(19).

• Independent Schools Tribunals for England and Wales constituted under section 72 of, and Schedule 6 to, the Education Act 1944(20).

• Independent Schools Tribunals for Scotland constituted under section 100 of, and Schedule 2 to, the Education (Scotland) Act 1980(21).

• Industrial Tribunals (England and Wales) established under regulation 4 of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993(22).

• Industrial Tribunals (Scotland) established under regulation 4 of the Industrial Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 1993(23).

• Insolvency Practitioners Tribunal referred to in section 396 of the Insolvency Act 1986(24).

• Lands Tribunal for Scotland constituted under section 1 of the Lands Tribunal Act 1949(25).

• Meat Hygiene Appeals Tribunal constituted under regulation 6(2) of, and Schedule 15 to, the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995(26), regulation 6(2) of, and Schedule 21 to, the Fresh Meat (Hygiene and Inspection) Regulations 1995(27) and regulation 5(2) of, and Schedule 12 to, the Wild Game Meat (Hygiene and Inspection) Regulations 1995(28).

• Misuse of Drugs Advisory Body constituted under section 16(1) of, and Part II of Schedule 3 to, the Misuse of Drugs Act 1971(29).

• Misuse of Drugs Professional Panel constituted under section 16(1) of, and Part III of Schedule 3 to, the Misuse of Drugs Act 1971.

• Misuse of Drugs Tribunal constituted under section 16(1) of, and Part I of Schedule 3 to, the Misuse of Drugs Act 1971.

• Pensions Appeal Tribunal for Scotland constituted under section 6 of, and the Schedule to, the Pensions Appeal Tribunals Act 1943(30).

• Pensions Ombudsman established under section 145 of the Pension Schemes Act 1993(31).

• Persons hearing consumer credit licensing appeals appointed under regulation 19 of the Consumer Credit Licensing (Appeals) Regulations 1976(32).

• Persons hearing estate agents’ appeals appointed under regulation 19 of the Estate Agents (Appeals) Regulations 1981(33).

• Plant Varieties and Seeds Tribunal constituted under section 10 of, and Schedule 4 to, the Plant Varieties and Seeds Act 1964(34).

• Reference Committees constituted under section 27 of the Forestry Act 1967(35).

• Registered Homes Tribunals constituted under section 40 of the Registered Homes Act 1984(36).

• Registered Inspectors of Schools Appeal Tribunals constituted under section 12 of, and Schedule 3 to, the Education (Schools) Act 1992(37).

• Rent Assessment Committees constituted under section 65 of, and Schedule 10 to, the Rent Act 1977(38) 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(39) as amended by section 142 of, and Schedule 22 to, the Housing Act 1980(40) and section 91 of the Leasehold Reform, Housing and Urban Development Act 1993(41) and as rent tribunals for the purpose of references pursuant to the provisions in Part V of the Rent Act 1977(42) as amended by section 72 of the Housing Act 1980(43).

• Rent Assessment Committees for Scotland constituted under section 44 of, and Schedule 4 to, the Rent (Scotland) Act 1984(44).

• Scottish Land Court constituted under section 3 of the Small Landholders (Scotland) Act 1911(45).

• Special Educational Needs Tribunal constituted under section 177 of the Education Act 1993(46).

• Tribunals of Appeal constituted under section 109 of the London Building Acts (Amendment) Act 1939(47).

• Valuation Tribunals established under regulation 3 of the Valuation and Community Charge Tribunals Regulations 1989(48) as amended by regulation 5 of the Valuation and Community Charge Tribunals (Amendment) Regulations 1993(49).

N H Nicholls

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

This Order adds the tribunals referred to in article 2 to the list of tribunals the administrative functions of whose administrative staff are subject to investigation by the Parliamentary Commissioner for Administration.

(1)

1967 c. 13 section 5(9) was inserted by section 1(1) of the Parliamentary Commissioner Act 1994 (c. 14).

(2)

Schedule 4 was inserted by section 1(3) of the Parliamentary Commissioner Act 1994 (c. 14).

(3)

1947 c. 48.

(4)

1992 c. 52.

(5)

1965 c. 64.

(6)

1988 c. 48.

(7)

1592 c. 29.

(8)

30 Vict. c.17.

(9)

S.I. 1984/1047.

(10)

S.I. 1994/672.

(11)

S.I. 1984/1047.

(12)

S.I. 1994/672.

(13)

1984 c. 35.

(14)

1975 c. 71.

(15)

1978 c. 44.

(16)

1986 c. 60.

(17)

1950 c. 12.

(18)

1963 c. 2.

(19)

1963 c. 2.

(20)

1944 c. 31.

(21)

1980 c. 44.

(22)

S.I. 1993/2687.

(23)

S.I. 1993/2688.

(24)

1986 c. 45.

(25)

1949 c. 42.

(26)

S.I. 1995/540.

(27)

S.I. 1995/539.

(28)

S.I. 1995/2148.

(29)

1971 c. 38.

(30)

6 & 7 Geo 6. c.39.

(31)

1993 c. 48.

(32)

S.I. 1976/837.

(33)

S.I. 1981/1518.

(34)

1964 c. 14.

(35)

1967 c. 10.

(36)

1984 c. 23.

(37)

1992 c. 38.

(38)

1977 c. 42.

(39)

1967 c. 88.

(40)

1980 c. 51.

(41)

1993 c. 28.

(42)

1977 c. 42.

(43)

1980 c. 51.

(44)

1984 c. 58.

(45)

1 & 2 Geo 5. c.49.

(46)

1993 c. 35.

(47)

1939 c.xcvii.

(48)

S.I. 1989/439.

(49)

S.I. 1993/292.