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This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.
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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]
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)
C3Act modified by S.I. 1989/814, art. 15(2), by S.I. 1989/1359, art. 15(2) and by S.I. 1989/2470, art. 16(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.
C5Act modified (E.W.) by Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 79, 175, 195, 208, Sch. 6 para. 8(2)
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)
E1For application to Northern Ireland see s. 13
I1Act wholly in force at 1.4.1967 see s. 14(2).
(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, and any person so appointed shall (subject to [F1Subsections (3) and (3A)] of this section) hold office during good behaviour.
(3)A person appointed to be the Commissioner may be relieved of office by Her Majesty at his own request, or may be removed from office by Her Majesty in consequence of Addresses from both Houses of Parliament, and shall in any case vacate office on completing the year of service in which he attains the age of sixty-five years.
[F2(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.]
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
F1Words substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 2(1)(a)
F2S. 1(3A) inserted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 2(1)(b)
F3S. 1(4) repealed by House of Commons Disqualification Act 1975 (c. 24, SIF 89), Sch. 3 and Northern Ireland Assembly Disqualification Act 1975 (c. 25, SIF 29:3), Sch. 3 Pt. I
F4S. 1(5) repealed by Tribunals and Inquiries Act 1971 (c. 62, SIF 127), Sch. 4 Pt. I
[F1(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; . . . F2
[F3(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.
F1S. 2(1)(2) substituted (1.1.1975) by Parliamentary and other Pensions and Salaries Act 1976 (c. 48, SIF 89), s 6(2)(5)
F2Words repealed (1.1.1975) by Parliamentary and other Pensions and Salaries Act 1976 (c. 48, SIF 89), s 6(4)(5), Sch.
F3S. 2(4A) inserted (1.1.1975) by Parliamentary and other Pensions and Salaries Act 1976 (c. 48, SIF 89), s. 6(4)(5).
(1)The Commissioner may appoint such officers as he may determine with the approval of the Treasury as to numbers and conditions of service.
(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 [F1, by any member of the staff so authorised of the Welsh Administration Ombudsman or of the Health Service Commissioner for Wales or by any officer so authorised of the Health Service Commissioner for England or of the Health Service Commissioner for Scotland.]
(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.
F1Words in s. 3(2) substituted (1.7.1999) by 1998 c. 38, s. 125, Sch. 12 para. 5 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
C1S. 3(2) extended (1.7.1999) by S.I. 1999/1351, arts. 1, 17(1)(a) (with art.3); S.I. 1998/3178, art. 3
(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.
(2)A person appointed under this section 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.
(3)A person appointed under this section shall, while he holds office, be treated for all purposes, except those of section 2 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].
F1S. 3(3A) inserted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 6(1)
(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.
[F2(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 Welsh Administration Ombudsman under Schedule 9 to the Government of Wales Act 1998.]
[ F3(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].
F1S. 4 substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 1(1)
F2S. 4(3A) inserted (1.7.1999) by 1998 c. 38, s. 125, Sch. 12 para. 6 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F3S. 4(3B) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(1)(2)
M11982 c. 10(43:1).
(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.
(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.
[F1(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 investigation under this Act 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.
(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.
[ F2(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.]
[F3(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 Lord Chancellor’s Department or, in Northern Ireland, of the Northern Ireland Court Service.]
[F4(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.]
[ F5(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.]
F1S. 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
F2S. 5(5A)(5B) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(3)(a)
F3S. 5(6) added by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 110(1)
F4S. 5(7)-(9) inserted (5.9.1994) by 1994 c. 14, ss. 1(1), 3(2)
F5S. 5(9A) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(3)(b)
C1S. 5 modified (1.10.1998) by 1998 c. 31, ss. 25, 145(3), Sch. 5 para. 9 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt. I
C2S. 5(2)(a) extended by Fair Employment (Northern Ireland) Act 1976 (c. 25, SIF 43:1), s. 58(2)(a)
C3S. 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.
(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;
[ F1(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)[F2Except 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 M1Continental 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.
[F3(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 M2Immigration Act 1971, has the right of abode in the United Kingdom.]
F1S. 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)
F2Words inserted by Parliamentary Commissioner (Consular Complaints) Act 1981 (c. 11, SIF 89), s. 1.
F3S. 6(5) inserted by Parliamentary Commissioner (Consular Complaints) Act 1981 (c. 11, SIF 89) s. 1.
C1S. 6(3) modified by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 10(4)
M11964 c. 29(86).
M21971 c. 77(101A:1)
Parliamentary Commissioner Act 1967