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Statutory Instruments

2007 No. 3470

Parliamentary Commissioner

The Parliamentary Commissioner Order 2007

Made

12th December 2007

Laid before Parliament

19th December 2007

Coming into force

30th January 2008

At the Court at Buckingham Palace, the 12th day of December 2007

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on her by 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 make the following order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Parliamentary Commissioner Order 2007 and shall come into force on 30th January 2008.

(2) 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 (Departments etc. subject to investigation), substitute the schedule set out in Schedule 1 to this Order.

Amendment to Schedule 4 to the Act

3.  For Schedule 4 to the Act (Relevant tribunals for the purposes of section 5(7)), substitute the schedule set out in Schedule 2 to this Order.

Revocation

4.  The Orders specified in Schedule 3 to this Order are revoked to the extent stated.

Judith Simpson

Clerk of the Privy Council

Article 2

SCHEDULE 1SCHEDULE SUBSTITUTED FOR SCHEDULE 2 TO THE PARLIAMENTARY COMMISSIONER ACT 1967

Section 4

SCHEDULE 2DEPARTMENTS Etc. SUBJECT TO INVESTIGATION

NOTES

Article 3

SCHEDULE 2SCHEDULE SUBSTITUTED FOR SCHEDULE 4 TO THE PARLIAMENTARY COMMISSIONER ACT 1967

Section 5

SCHEDULE 4RELEVANT TRIBUNALS FOR THE PURPOSES OF SECTION 5(7)

Adjudicators appointed under article 7(1)(b) of the Criminal Injuries Compensation (Northern Ireland) Order 2002(7).

Agricultural Land Tribunals constituted under section 73 of the Agriculture Act 1947(8).

Appeal tribunals constituted under Chapter 1 of Part 1 of the Social Security Act 1998(9).

The appeal tribunal established for Scotland under section 29 of the Betting, Gaming and Lotteries Act 1963(10) 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(11).

Care Standards Tribunal constituted under section 9 of the Protection of Children Act 1999(12).

Central Arbitration Committee constituted under section 259 of the Trade Union and Labour Relations (Consolidation) Act 1992(13).

Commons Commissioners constituted under section 17 of the Commons Registration Act 1965(14).

Competition Appeal Tribunal constituted under section 12 of the Enterprise Act 2002(15).

Copyright Tribunal constituted under section 145 of the Copyright, Designs and Patents Act 1988(16).

Employment tribunals (England and Wales) and employment tribunals (Scotland) established under regulation 5 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004(17).

Employment Appeal Tribunal continued in existence under section 20 of the Employment Tribunals Act 1996(18).

Foreign Compensation Commission constituted under section 1 of the Foreign Compensation Act 1950(19).

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

Information Tribunal constituted under section 6 of the Data Protection Act 1998(20).

Insolvency Practitioners Tribunal referred to in section 396 of the Insolvency Act 1986(21).

Mental Health Review Tribunals constituted under section 65 of, and Schedule 2 to, the Mental Health Act 1983(22).

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(23).

Ombudsman for the Board of the Pension Protection Fund appointed under section 209 of the Pensions Act 2004(24).

Pensions Ombudsman established under section 145 of the Pension Schemes Act 1993(25).

Persons hearing consumer credit licensing appeals appointed under regulation 24 of the Consumer Credit Licensing (Appeals) Regulations 1998(26).

Persons hearing estate agents’ appeals appointed under regulation 19 of the Estate Agents (Appeals) Regulations 1981(27).

Plant Varieties and Seeds Tribunal (referred to in section 42 of the Plant Varieties Act 1997(28)).

Reference committees constituted under section 27 of the Forestry Act 1967(29).

Rent assessment committees constituted under section 65 of, and Schedule 10 to, the Rent Act 1977(30) (including when exercising the jurisdiction of residential property tribunals as provided for in section 229 of the Housing Act 2004(31)) 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(32) 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(33).

Traffic commissioners appointed under section 4 of the Public Passenger Vehicles Act 1981(34).

Valuation tribunals continued in existence under regulation 3 of the Valuation and Community Charge Tribunals Regulations 1989(35).

Article 4

SCHEDULE 3REVOCATIONS

Orders RevokedReferencesExtent of Revocation
The Parliamentary Commissioner Order 2005S.I. 2005/249The whole Order
The Parliamentary Commissioner (No. 2) Order 2005S.I. 2005/3430Articles 2 and 4
The Parliamentary Commissioner Order 2006S.I. 2006/3328The whole Order

EXPLANATORY NOTE

(This note is not part of the Order)

Article 2 of this Order substitutes Schedule 1 to this Order for Schedule 2 to the Parliamentary Commissioner Act 1967 (Departments etc subject to investigation).

Article 3 of this Order substitutes Schedule 2 to this Order for Schedule 4 to the Parliamentary Commissioner Act 1967 (Relevant tribunals for the purposes of section 5(7)).

This Order also revokes, in whole or in part, instruments amending the Parliamentary Commissioner Act 1967 which are spent.

(1)

1967 c.13. Section 4 was substituted by the Parliamentary and Health Service Commissioners Act 1987 (c.39), section 1(1). Section 5(9) was inserted by the Parliamentary Commissioner Act 1994 (c.14), section 1(1).

(2)

2002 c.29. Section 317(2) amended by the Commissioners for Revenue and Customs Act 2005 (c.11), sections 50(1), (7).

(5)

1982 c.50. Repealed by S.I. 2001/3649.

(8)

1947 c.48. Section 73(1) amended by the Agriculture Act 1958 (c.41), section 8(1), Sch 1, Part 1, para 3; the Constitutional Reform Act 2005 (c.4), section 15(1), Sch 4, Part 1, paras 29, 30. Section 73(3) amended by the Agriculture Act 1958, section 8(1), Sch 1, Part 1, para 3; the Agricultural Holdings Act 1986 (c.5), section 100, Sch 14, para 18. Repealed by the Agriculture Act 1958, sections 8(1), 10(1), Sch 1, Part 1, para 3, Sch 3, Part 1. Section 73(4) amended by the Agriculture Act 1958, section 8(1), Sch 1, Part 1, para 3. Section 73(5) amended by the Agriculture Act 1958, section 8(1), Sch 1, Part 1, para 3.

(10)

1963 c.2. Section 29(1) amended by the Horserace Betting Levy Act 1981 (c.30), section 4(6), Sch, para 2. Section 29(2) amended by the Courts and Legal Services Act 1990 (c.41), section 71(2), Sch 10, para 16; the Judicial Pensions and Retirement Act 1993 (c.8), section 26, Sch 6, para 48. Section 29(2A) inserted by the Judicial Pensions and Retirement Act 1993, section 26, Sch 6 para 48. The whole Act has been repealed by the Gambling Act 2005 (c.19), section 356(3)(f), (4), Sch 17, but section 29 continues to have effect for now by S.I. 2007/2159, article 2.

(11)

1939 c. xcvii. Section 109(1) amended by S.I. 1986/452, article 3, Sch 2, para 3(h); S.I. 2001/3500, article 8, Sch 2, para 4(b); the Courts and Legal Services Act 1990, section 71(2), Sch 10, para 4; the Constitutional Reform Act 2005, section 15(1), Sch 4, Part 1, paras 23(1), (2). Section 109(2) amended by S.I. 2001/3500, article 8, Sch 2, para 4(b). Section 109(3) amended by the Constitutional Reform Act 2005, section 15(1), Sch 4, Part 1, paras 23(1), (3).

(12)

1999 c.14. Section 9(2) amended by the Care Standards Act 2000 (c.14), section 116, Sch 4, paras 26(1), (3); the Criminal Justice and Court Services Act 2000 (c.43), section 74, Sch 7, Part 2, paras 154, 157(a), (d), (e); the Education Act 2002 (c.32), section 215(1), Sch 21, para 122(a), (b) and section 215(2), Sch 22, Part 3; the Education Act 2002, section 155, Sch 14, para 6; the Education Act 2005 (c.18), sections 61, 123, Sch 9, para 23, Sch 19, Part 1; the Childcare Act 2006 (c.21), sections 103(1), (2), Sch 2, para 38(a), (b), Sch 3, Part 2; sections 9(3A)-(3C) inserted by the Care Standards Act 2000, section 116, Sch 4, paras 26(1), (3).

(13)

1992 c.52.

(14)

1965 c.64. Section 17(1) amended by the Courts and Legal Services Act 1990, section 71(2), Sch 10, para 26. Section 17(1A) inserted by the Judicial Pensions and Retirement Act 1993 (c.8), section 26(10), Sch 6, para 26.

(15)

2002 c.40.

(16)

1988 c.48. Section 145(2) amended by S.I. 1999/678, article 2(1), Sch. Section 145(3) amended by the Courts and Legal Services Act 1990, section 71(2), Sch 10, para 73.

(18)

1996 c.17. Section 20(4) inserted by S.I. 1999/3323, regulation 35(1), (2); amended by S.I. 2004/2326, regulation 48(2); S.I. 2004/3426, regulation 36(2); S.I. 2006/2059, regulation 37(2).

(19)

1950 c.12. Section 1(2) amended by the Statute Law (Repeals) Act 1974 (c.22). Section 1(3) amended by the Judicial Pensions and Retirement Act 1993, section 26, Sch 6, para 25. Section 1(3A) inserted by the Judicial Pensions and Retirement Act 1993, section 26, Sch 6, para 25. Section 1(4) repealed by the House of Commons Disqualification Act 1957 (c.20), section 14(1), Sch 4, Part I.

(20)

1998 c.29. Section 6(1), (3) amended by the Freedom of Information Act 2000 (c.36), section 18(4), Sch 2, Part 1, para 13. Section 6(4) amended by S.I. 1999/678, article 2(1), Sch; S.I. 2001/3500, article 8, Sch 2, Part 1, para 6; S.I. 2003/1887, article 9, Sch 2, para 9. Section 6(6) amended by the Freedom of Information Act 2000, section 18(4), Sch 2, Part 2, para 16.

(21)

1986 c.45.

(22)

1983 c.20. Section 65(1) amended and (1A)-(1C) inserted by the Health Authorities Act 1995 (c.17), section 2(1), Sch 1, Part 3, para 107(6). Schedule 2 para 2 amended and para 2A inserted by the Judicial Pensions and Retirement Act 1993, section 26, Sch 6, para 40.

(23)

S.I. 2000/124. Regulation 7(3) amended by S.I. 2007/1898, article 6, Sch 1, para 25. Regulations 7(3A) and (3B) inserted by S.I. 2006/680, article 2, Sch 1, para 57.

(24)

2004 c.35.

(25)

1993 c.48. Section 145(2) amended by the Pensions Act 2004 (c.35), section 274(1). Section 145(3) amended by the Pensions Act 2004, s 274(2). Section 145(4A)-4C) inserted by the Pensions Act 1995 (c.26), section 156. Section 145(5) amended by the Pensions Act 1995, sections 173, 177, Sch 6, para 7, Sch 7, Part 4.

(28)

1997 c.66.

(29)

1967 c.10. Section 27(1) amended by the Forestry Act 1986 (c.30); S.I. 1999/1747, article 3, Sch 12, Part 2, para 4(1), 22. Section 27(2) amended by S.I. 1999/1747, article 3, Sch 12, Part 2, paras 4(1), (22). Section 27(3) amended by S.I. 1999/1747, article 3, Sch 12, Part 2, paras 4(1), (9), (22). Section 27(4) amended by S.I. 1999/1747, article 3, Sch 12, Part 2, paras 4(1), (22). Section 27(4A) inserted by S.I. 1999/1747, article 3, Sch 12, Part 2, paras 4(1), (22).

(30)

1977 c.42. Schedule 10 para 2 amended by the Housing Act 1980 (c.51), section 152, Sch 25, para 56, Sch 26; para 2A inserted by the Judicial Pensions and Retirement Act 1993, section 26, Sch 6, para 56; para 5 amended by the Housing Act 1980, s 71(2); para 6A inserted by the Housing Act 1980, s 71(2); paras 7 and 8 amended by the Housing Act 1996 (c.52), sections 222, 227, Sch 18, Part 4, para 22(1)(a), Sch 19, Part 13; para 7A inserted by the Housing Act 1980, section 148; and amended by the Housing Act 1996 sections 222, 227, Sch 18, Part 4, para 22(1)(a), Sch 19, Part 13; para 9 amended by the Housing Act 1996, section 222, Sch 18, Part 4, para 22(2); para 10 repealed by the Housing Act 1980, section 152, Sch 25, para 56, Sch 26.

(31)

2004 c.34.

(32)

1967 c.88. Section 21(1) amended by the Housing Act 1980, section 142, Sch 22, Part 2, para 8. Section 21(1)(ba) inserted by the Housing Act 1996, sections 115, 116, Sch 11, para 1(2). Section 21(1)(cza) inserted by the Commonhold and Leasehold Reform Act 2002 (c.22), section 149(2). Section 21(1)(ca) inserted by the Housing Act 1996, sections 115, 116, Sch 11, para 1(2). Section 21(1B) inserted by the Housing Act 1980, section 142(3), Sch 22, Part 2, para 8. Section 21(2) amended by the Housing Act 1980, section 142, Sch 22, Part 2, para 8. Sections 21(2A), (2B) inserted by the Commonhold and Leasehold Reform Act 2002, section 176, Sch 13, paras 1, 5. Sections 21(3), (4) repealed by the Commonhold and Leasehold Reform Act 2002, section 180, Sch 14. Section 21(5) repealed by the Housing Act 1980, sections 142, 152, Sch 22, Part 2, para 8, Sch 26.

(33)

1996 c.56. Section 333(1Z) inserted by the Education Act 2002 (c.32), section 195, Sch 18, paras 1, 4. Section 333(1) amended by the Special Educational Needs and Disability Act 2001 (c.10), section 42(1), Sch 8, Part 1, paras 1, 3.

(34)

1981 c.14. Section 4 substituted by the Transport Act 1985 (c.67), section 3(2).

(35)

S.I. 1989/439. Regulation 3 amended by S.I. 1993/292, regulation 5; later substituted by S.I. 1997/2954, regulation 2.