The Parliamentary Commissioner Order 2005 © Crown Copyright 2005 Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Parliamentary Commissioner Order 2005, ISBN 0110722418. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
Her Majesty, in pursuance of sections 4(2) and 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: - Citation, commencement and interpretation 1. - (1) This Order may be cited as the Parliamentary Commissioner Order 2005. (2) This Order comes into force on 14th March 2005. (3) In this Order "the Act" means the Parliamentary Commissioner Act 1967. Amendment to Schedule 2 to the Act 2. For Schedule 2 to the Act, there shall be substituted the Schedule set out in Schedule 1 to this Order. Amendment to Schedule 4 to the Act 3. For Schedule 4 to the Act, there shall be substituted the Schedule set out in Schedule 2 to this Order. A. K. Galloway Clerk of the Council Adult Learning Inspectorate. Administration of Radioactive Substances Advisory Committee. Advisory Board on the Registration of Homeopathic Products. Advisory Committee on Borderline Substances. Advisory Committee on Clinical Excellence Awards. Advisory Committee on Dangerous Pathogens. Advisory Committee on Novel Foods and Processes. Advisory, Conciliation and Arbitration Service. Advisory Council on Historical Manuscripts. Advisory Council on National Records and Archives. Advisory Council on Public Records. Advisory Group on Hepatitis. Advisory Panel on Beacon Councils. Advisory Panel on Standards for the Planning Inspectorate. Agricultural Dwelling House Advisory Committees. Agricultural Wages Board for England and Wales. Agricultural wages committees. Alcohol Education and Research Council. Arts and Humanities Research Council. Arts Council of England. The Director of the Assets Recovery Agency. Authorised Conveyancing Practitioners Board. Biotechnology and Biological Sciences Research Council. Board of Trade. Boundary Commission for England. Boundary Commission for Northern Ireland. Boundary Commission for Scotland. Boundary Commission for Wales. British Association for Central and Eastern Europe. British Council. British Educational Communications and Technology Agency. British Film Institute. British Hallmarking Council. British Library Board. British Museum. British Pharmacopoeia Commission. British Potato Council. British Tourist Authority. Building Regulations Advisory Committee. Cabinet Office. Council for the Central Laboratory of the Research Councils. Central Bureau for Educational Visits and Exchanges. Central Office of Information. Central Police Training and Development Authority. The Certification Officer. Charity Commission. The Chief Inspector of Criminal Justice for Northern Ireland. Children and Family Court Advisory and Support Service. Civil Aviation Authority. Civil Justice Council. Coal Authority. Commission for Architecture and the Built Environment. Commission for Healthcare Audit and Inspection. Commission for the New Towns. Commission for Patient and Public Involvement in Health. Commission for Racial Equality. Commission for Social Care Inspection. Committee on the Biological Safety of Blood and Tissues for Transplantation. Committee on Carcinogenicity of Chemicals in Food, Consumer Products and the Environment. Committee on the Medical Aspects of Air Pollutants. Committee on Medical Aspects of Radiation in the Environment. Committee on Mutagenicity of Chemicals in Food, Consumer Products and the Environment. Committee on the Safety of Devices. Committee on the Safety of Medicines. Committee on Standards in Public Life. Committee on Toxicity of Chemicals in Food, Consumer Products and the Environment. Commonwealth Scholarship Commission in the United Kingdom. Community Development Foundation. Competition Commission. Construction Industry Training Board. Consumer Council for Postal Services. Countryside Agency. Crown Estate Office. Culture East Midlands. Culture North East. Culture North West. Culture South East. Culture South West. Customs and Excise. Dental Vocational Training Authority. Department for Constitutional Affairs. Department for Culture, Media and Sport. Department for Education and Skills. Department for Environment, Food and Rural Affairs. Department of Health. Department for International Development. Department of Trade and Industry. Department for Transport. Department for Work and Pensions. Design Council. Disability Rights Commission. Disabled Persons Transport Advisory Committee. Economic and Social Research Council. Electoral Commission. Engineering Construction Industry Training Board Engineering and Physical Sciences Research Council. English Nature. English Sports Council. English Tourist Board. Environment Agency. Equal Opportunities Commission. Expert Advisory Group on AIDS. Export Credits Guarantee Department. The Director of Fair Access to Higher Education. Fleet Air Arm Museum. Food from Britain. Food Standards Agency. Football Licensing Authority. Foreign and Commonwealth Office. Forestry Commission. Gaming Board for Great Britain. Gangmasters Licensing Authority. Gas and Electricity Consumer Council. Gas and Electricity Markets Authority. Geffrye Museum. Gene Therapy Advisory Committee. General Social Care Council. Genetics and Insurance Committee. Government Actuary's Department. The Great Britain-China Centre. Health and Safety Commission. Health and Safety Executive. Health Protection Agency. Her Majesty's Stationery Office. Her Majesty's Treasury. Higher Education Funding Council for England. Historic Buildings and Monuments Commission for England. Historic Royal Palaces. Home-Grown Cereals Authority. Home Office. Horniman Museum and Gardens. Horserace Betting Levy Board. Horticultural Development Council. Housing Corporation. Human Fertilisation and Embryology Authority. Human Genetics Commission. The Immigration Services Commissioner. Imperial War Museum. Independent Advisory Group on Sexual Health and HIV. Independent Reconfiguration Panel. The Independent Regulator of NHS Foundation Trusts. Independent Review Body for the Advertising of Medicines. Independent Review Panel on the Classification of Borderline Medicines. Independent Scientific Group on Cattle TB. The Information Commissioner. Inland Revenue. The International Rail Regulator. Investors in People UK. Joint Committee on Vaccination and Immunisation. Joint Nature Conservation Committee. Land Registry. Learning and Skills Council for England. Legal Services Commission. The Legal Services Complaints Commissioner. The following general lighthouse authorities -
(b) the Commissioners of Northern Lighthouses.
Living East.
(b) where it exercised the function after the commencement of this Act, did so only when it was a department or authority to which this Act applied.
Assets Recovery Agency
(b) any other enactment relating to the regulation of insurance companies within the meaning of that Act.
Health Protection Agency
Adjudicators appointed under article 7(1)(b) of the Criminal Injuries Compensation (Northern Ireland) Order 2002[8]. Agricultural Land Tribunals constituted under section 73 of the Agriculture Act 1947[9]. Appeal tribunals constituted under Chapter 1 of Part 1 of the Social Security Act 1998[10]. The appeal tribunal established for Scotland under section 29 of the Betting, Gaming and Lotteries Act 1963[11] which is known as the Horserace Betting Levy Appeal Tribunal for Scotland. Tribunals of Appeal constituted under section 109 of the London Building Acts (Amendment) Act 1939[12]. Care Standards Tribunal constituted under section 9 of the Protection of Children Act 1999[13]. Central Arbitration Committee constituted under section 259 of the Trade Union and Labour Relations (Consolidation) Act 1992[14]. Commons Commissioners constituted under section 17 of the Commons Registration Act 1965[15]. Competition Appeal Tribunal constituted under section 12 of the Enterprise Act 2002[16]. Copyright Tribunal constituted under section 145 of the Copyright, Designs and Patents Act 1988[17]. Dairy Produce Quota Tribunal for England and Wales constituted under regulation 7 of, and the Schedule to, the Dairy Produce Quotas (General Provisions) Regulations 2002[18]. Dental Vocational Training Authority Appeal body established under regulation 5B National Health Service (General Dental Services) Regulations 1992[19]. Employment Tribunals (England and Wales) and Employment Tribunals (Scotland) established under regulation 5 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004[20]. Employment Appeal Tribunal continued in existence under section 20 of the Employment Tribunals Act 1996[21]. Financial Services and Markets Tribunal constituted under section 132 of the Financial Services and Markets Act 2000[22]. Foreign Compensation Commission constituted under section 1 of the Foreign Compensation Act 1950[23]. Horserace Betting Levy Appeal Tribunal for England and Wales constituted under section 29 of the Betting, Gaming and Lotteries Act 1963[24]. Information Tribunal constituted under section 6 of the Data Protection Act 1998[25]. Insolvency Practitioners Tribunal referred to in section 396 of the Insolvency Act 1986[26]. 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[27], regulation 6(2) of, and Schedule 21 to, the Fresh Meat (Hygiene and Inspection) Regulations 1995[28], or regulation 5(2) of, and Schedule 12 to, the Wild Game Meat (Hygiene and Inspection) Regulations 1995[29]. Mental Health Review Tribunals constituted under section 65 of, and Schedule 2 to, the Mental Health Act 1983[30]. Misuse of Drugs Advisory Body constituted under section 16(1) of, and Part 2 of Schedule 3 to, the Misuse of Drugs Act 1971[31]. Misuse of Drugs Professional Panel constituted under section 16(1) of, and Part 3 of Schedule 3 to, the Misuse of Drugs Act 1971. Misuse of Drugs Tribunal constituted under section 16(1) of, and Part 1 of Schedule 3 to, the Misuse of Drugs Act 1971. National Health Service Medicines (Control of Prices and Profits) Appeal Tribunal constituted under regulation 7 of the Health Service Medicines (Price Control Appeals) Regulations 2000[32]. Ombudsman for the Board of the Pension Protection Fund appointed under section 209 of the Pensions Act 2004 [33]. Pensions Ombudsman established under section 145 of the Pension Schemes Act 1993[34]. Pensions Regulator Tribunal constituted under section 102 of the Pensions Act 2004[35]. Persons hearing consumer credit licensing appeals appointed under regulation 24 of the Consumer Credit Licensing (Appeals) Regulations 1998[36]. Persons hearing estate agents' appeals appointed under regulation 19 of the Estate Agents (Appeals) Regulations 1981[37]. Plant Varieties and Seeds Tribunal (referred to in section 42 of the Plant Varieties Act 1997[38]). Reference Committees constituted under section 27 of the Forestry Act 1967[39]. Registered Inspectors of Schools Appeal Tribunals constituted under section 9 of, and Schedule 2 to, the Schools Inspections Act 1996[40]. Rent Assessment Committees constituted under section 65 of, and Schedule 10 to, the Rent Act 1977[41] and also known as Leasehold Valuation Tribunals for the purpose of determinations pursuant to section 21(1), (2) and (3)[42] of the Leasehold Reform Act 1967[43] and continued as rent tribunals for the purpose of references pursuant to the provisions in Part V of the Rent Act 1977. Special Educational Needs and Disability Tribunal constituted under section 333 of the Education Act 1996[44]. Traffic Commissioners appointed under section 4 of the Public Passenger Vehicles Act 1981[45]. Valuation Tribunals continued in existence under regulation 3 of the Valuation and Community Charge Tribunals Regulations 1989[46]."
(This note is not part of the Order) Article 2 of this Order substitutes Schedule 2 (departments etc subject to investigation) to the Parliamentary Commissioner Act 1967 with Schedule 1 to this Order. The new schedule 2 includes a reference to the Health Protection Agency which will only have effect when section 1 of the Health Protection Agency 2004 is brought into force pursuant to section 12(1) of that Act. Article 3 of this Order in Council substitutes Schedule 4 (relevant tribunals for the purpose of section 5(7)) to the Parliamentary Commissioner Act 1967 with Schedule 2 to this Order. The new schedule 4 includes references to the Ombudsman for the Board of the Pension Protection Fund and the Pensions Regulator Tribunal which will only have effect when sections 209 and 102 of the Pensions Act 2004 are brought into force pursuant to section 322(1) of that Act. Notes: [1] 1967 c.13; amended by the Parliamentary and Health Service Commissioners Act 1987 and the Parliamentary Commissioner Act 1994.back [3] 1991 c. 57; section 221(1) substituted by the Environment Act 1995, s 120(1), Sch 22, para 177(1), (7).back [5] 1982 c. 50; repealed by S.I. 2001/3649.back [6] At the date on which this Order was made, section 1 of the Health Protection Agency Act 2004 which establishes this agency was not in force.back [9] 1947 c. 48; section 73 (1) amended or substituted by the Agriculture Act 1958, sections 8(1), Sch 1, Part I, para 3. Section 73(3) amended by the Agriculture Act 1958, s8(1), 10(1), Sch 1, Part I, para 3, Sch 3, Part I and substituted by the Agricultural Holdings Act 1986, s 100, Sch 14, para 18. Section 73(4) amended by the Agriculture Act 1958, ss 8(1), 10(1), Sch 1, Part I, para 3, Sch 3, Part I. Section 73(5) amended by the Agriculture Act 1958, ss 8(1), 10(1), Sch 1, Part I, para 3, Sch 3, Part I.back [11] 1963 c. 2. Section 29(1) amended by the Horserace Betting Levy Act 1981, s 4(6), Sch, para 2. Section 29(2) amended by the Courts and Legal Services Act 1990, s 71(2), Sch 10, para 16 and by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 48. Section 29(2A) inserted by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 48.back [12] {d1}{t1}1939 c. 97. Section 109(1)amended by SI 1986/452, art 3, Sch 2, para 3(h), by SI 2001/3500, art 8, Sch 2, Pt I, para 4(b) andby the Courts and Legal Services Act 1990, s 71(2), Sch 10, para 4. Section 109(2) amended by SI 2001/3500, art 8, Sch 2, Pt I, para 4(b).back [13] 1999 c. 14. Section 9(2) amended by the Care Standards Act 2000, s 116, Sch 4, para 26(1), (3)(a). Section 9(2) amended by the Criminal Justice and Court Services Act 2000, s 74, Sch 7, Pt II, paras 154, 157(a), the Education Act 2002, s 215(1), Sch 21, para 122(a), s 215(1), Sch 21, para 122(b), s 215(2), Sch 22, Pt 3 and s155, Sch 14, para 6 and the Criminal Justice and Court Services Act 2000, s 74, Sch 7, Pt II, paras 154, 157(d). Section 9(3A)-(3C) inserted by the Care Standards Act 2000, s 116, Sch 4, para 26(1), (3)(b).back [15] 1965 c. 64. Section 17(1) amended by the Courts and Legal Services Act 1990, s 71(2), Sch 10, para 26. Section 17(1A) inserted with savings by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 26.back [17] 1988 c. 48. Section 145(2) amended by SI 1999/678, art 2(1), Sch. Section 145(3) amended by the Courts and Legal Services Act 1990, s 71(2), Sch 10, para 73.back [19] SI 1992/661; amended by SI 1993/3172, reg 4.back [23] 1950 c. 12. Section 1(2) repealed by the Statute Law (Repeals) Act 1974. Section 1(3) amended by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 25. Section 1(3A) inserted by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 25. Section 1(4) repealed by the House of Commons Disqualification Act 1957, s 14(1), Sch 4, Part I.back [24] 1963 c. 2. Section 29(1) amended by the Horserace Betting Levy Act 1981, s 4(6), Schedule, para 2. Section 29(2) amended by the Courts and Legal Services Act 1990, s 71(2), Sch 10, para 16 and by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 48. Section 29(2A) inserted by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 48.back [25] 1998 c. 29. Section 6(1) amended by the Freedom of Information Act 2000, s 18(4), Sch 2, Pt I, para 13(1), (2). Section 6(3) amended by the Freedom of Information Act 2000, s 18(4), Sch 2, Pt I, para 13(1), (3). Section 6(4) amended by virtue of SI 1999/678, art 2(1), Schedule and by SI 2003/1887, art 9, Sch 2, para 9(1)(a). Section 6(6) amended by the Freedom of Information Act 2000, s 18(4), Sch 2, Pt II, para 16(a) and by the Freedom of Information Act 2000, s 18(4), Sch 2, Pt II, para 16(b).back [27] SI 1995/540. Schedule 15 para 2, 3 and 4 amended by SI 2000/656, reg 6(4), Sch 4, Pt IV, para 2, and by SSI 2000/62, reg 6(4), Sch 4, Pt IV, para 2.back [28] SI 1995/539. Schedule 21 para 2 amended by SI 2000/656, reg 6(3), Sch 4, Pt III, para 7, and SSI 2000/62, reg 6(3), Sch 4, Pt III, para 7 and by SI 1995/3189, reg 2(29). Schedule 21 para 2, 3 and 4 amended by SI 2000/656, reg 6(3), Sch 4, Pt III, para 2, and SSI 2000/62, reg 6(3), Sch 4, Pt III, para 2(1), (2).back [29] SI 1995/2148. Para 2: Schedule 12 paras 1, 2 and 3 amended by SI 2000/656, reg 6(6), Sch 4, Pt VI, para 2, and SSI 2000/62, reg 6(6), Sch 4, Pt VI, para 2.back [30] 1983 c. 20. Section 65(1)-(1C) amended by the Health Authorities Act 1995, s 2(1), Sch 1, para 107(6). Schedule 2 para 2 amended by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 40. Schedule 2 para 2A inserted by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 40.back [31] 1971 c. 38. Schedule 3, Part 2 para 13(1A) inserted by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 42(3).back [33] 2004 c.35. At the date on which this Order was made, section 209 of the Pensions Act 2004 was not in force.back [34] 1993 c. 48. Section 145(1A)-(1C) inserted by the Pensions Act 2004, s 319(1), Sch 12, paras 9, 23. Section 145(2) amended by the Pensions Act 2004, s 274(1). Section 145(3) amended by the Pensions Act 2004, s 274(2). Section 145(4A)-(4C) inserted by the Pensions Act 1995, s 156. Section 145(5) amended by the Pensions Act 1995, ss 173, 177, Sch 6, para 7, Sch 7, Part IV.back [35] 2004 c.35. At the date on which this Order was made, section 102 of the Pensions Act 2004 was not in force.back [39] 1967 c.10. Section 27(1) amended by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (22)(a) and by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (22)(b). Section 27(2) amended by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (22)(b). Section 27(3) amended by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (9) and by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (22)(b). Section 27(4) amended by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (22)(c) and by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (22)(d).back [41] 1977 c. 42. Schedule 10 para 2 amended by the Housing Act 1980, s 152, Sch 25, para 56, Sch 26. Schedule 10 para 2A inserted by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 56. Schedule 10 para 5 amended by the Housing Act 1980, s 71(2). Schedule 10 para 6A inserted by the Housing Act 1980, s 71(2). Schedule 10 paras 8, 10 amended by the Housing Act 1996, ss 222, 227, Sch 18, para 22(1)(a), Sch 19, Part XIII. Para 8 amended by Housing Act 1980 s 152, Sch 25, para 56(b) and Sch 26. Schedule 10 para 7A inserted by the Housing Act 1980, s 148 and amended by the Housing Act 1996, ss 222, 227, Sch 18, para 22(1)(a), Sch 19, Part XIII. Schedule 10 para 9 amended by the Housing Act 1996, s 222, Sch 18, para 22(2). Schedule 10 para 10 amended by the Housing Act 1980, s 152, Sch 25, para 56, Sch 26.back [42] Repealed with savings by SI 2003/1986, articles 1(2), 2(c)(iv), Sch 1, Pt 1 and Sch 2, para 13.back [43] 1967 c. 88. Section 21(1) amended by the Housing Act 1980, s 142, Sch 22. Section 21(1)(ba) inserted by the Housing Act 1996, ss 115, 116, Sch 11, para 1(2). Section 21(1)(cza) inserted by the Commonhold and Leasehold Reform Act 2002, s 149(2) and section 21(1)(ca) inserted by the Housing Act 1996, ss 115, 116, Sch 11, para 1(2). Section 21(2) amended by the Housing Act 1980, s 142, Sch 22.back [44] 1996 c. 56. Section 333(1Z) inserted by the Education Act 2002, s 195, Sch 18, paras 1, 4. Section 333(1) amended by the Special Educational Needs and Disability Act 2001, s 42(1), Sch 8, Pt 1, paras 1, 2.back
ISBN 0 11 072241 8
|
|
| ||
| We welcome your comments on this site | © Crown copyright 2005 | Prepared 15 March 2005 |