Victims and Prisoners Act 2024

27 Parliamentary Commissioner for Administration

(1) The Parliamentary Commissioner Act 1967 is amended as follows.

(2) Section 5 (matters subject to investigation) is amended in accordance with subsections (3) to (5).

(3) In subsection (1)—

(a) for paragraph (a) substitute—

“(a) a written complaint is duly made by a member of the public, who claims to have sustained injustice in consequence of maladministration in connection with the action so taken, to—

(i) the Commissioner, if the complaint relates to the complainant’s experience as a victim, or

(ii) in any other case, a member of the House of Commons, and”;

(b) in paragraph (b), at the beginning insert “in a case falling within paragraph (a)(ii),”.

(4) In subsection (1A)—

(a) for paragraph (a) substitute—

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

(i) the Commissioner, if the complaint relates to the complainant’s experience as a victim, or

(ii) in any other case, a member of the House of Commons, and”;

(b) in paragraph (b), at the beginning insert “in a case falling within paragraph (a)(ii),”.

(5) After subsection (9A) insert—

“(9B) In this section “victim” has the meaning given by section 1 of the Victims and Prisoners Act 2024.”

(6) Section 6 (provisions relating to complaints) is amended in accordance with subsections (7) to (10).

(7) After subsection (1A) insert—

“(1B) A complaint under section 5(1)(a)(i) or (1A)(a)(i) may also be made by a person who is authorised to act on behalf of the person aggrieved.”

(8) In subsection (2), for the words from “for himself” to the end substitute “or, where subsection (1B) applies, to authorise another person to act, the complaint may be made by the person’s personal representative, or by a member of the person’s family, or by another individual suitable to represent the person.”

(9) After subsection (2) insert—

“(2A) Except as provided by subsections (1B) and (2), a complaint may not be entertained under this Act unless made by the person aggrieved.”

(10) In subsection (3), omit “to a member of the House of Commons”.

(11) Section 10 (Commissioner’s reports) is amended in accordance with subsections (12) to (14).

(12) In subsection (1)—

(a) for “under this Act” substitute “pursuant to a complaint made to a member of the House of Commons under section 5(1)(a)(ii) or (1A)(a)(ii),”;

(b) for “the House of Commons” substitute “that House”.

(13) After subsection (1) insert—

“(1A) In any case where the Commissioner conducts an investigation pursuant to a complaint made to the Commissioner under section 5(1)(a)(i) or (1A)(a)(i), or decides not to conduct such an investigation, the Commissioner—

(a) must send to the person who made the complaint a report of the results of the investigation or, as the case may be, a statement of the Commissioner’s reasons for not conducting an investigation, and

(b) may, with the consent of the person who made the complaint, send the report or statement to such member of the House of Commons as the Commissioner considers appropriate.

(1B) References in subsection (1A) to the person who made the complaint are, in a case where the complaint is made by a person authorised to act on behalf of the person aggrieved (see section 6(1B)), to that authorised person.”

(14) In subsection (5)(d), after “subsection” insert “(1A),”.