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.

Article 2

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

Section 4

"SCHEDULE 2 DEPARTMENTS Etc. SUBJECT TO INVESTIGATION

Administration of Radioactive Substances Advisory Committee.

Advisory Board on Naturalisation and Integration.

Advisory Board on the Registration of Homeopathic Products.

Advisory Committee on Advertising.

Advisory Committee on Animal Feedingstuffs.

Advisory Committee on Antimicrobial Resistance and Healthcare Associated Infections.

Advisory Committee on Borderline Substances.

Advisory Committee on Carbon Abatement.

Advisory Committee on Clinical Excellence Awards.

Advisory Committee on Dangerous Pathogens.

Advisory Committee on the Government Art Collection.

Advisory Committee on Hazardous Substances.

Advisory Committee on Historic Wreck Sites.

Advisory Committee on Microbiological Safety of Food.

Advisory Committee on National Historic Ships.

Advisory Committee on Novel Foods and Processes.

Advisory Committee on Organic Standards.

Advisory Committee on Pesticides.

Advisory Committee on Releases to the Environment.

Advisory Committee on the Safety of Blood, Tissues and Organs.

Advisory, Conciliation and Arbitration Service.

Advisory Council on Historical Manuscripts.

Advisory Council on Libraries.

Advisory Council on the Misuse of Drugs.

Advisory Council on National Records and Archives.

Advisory Council on Public Records.

Advisory Group on Hepatitis.

Advisory Group on Medical Countermeasures.

Advisory Panel on Beacon Councils.

Advisory Panel on Country Information.

Advisory Panel on Public Sector Information.

Advisory Panel on Standards for the Planning Inspectorate.

Agricultural dwelling house advisory committees.

Agricultural Wages Board for England and Wales.

Agricultural wages committees.

Air Quality Expert Group.

Alcohol Education and Research Council.

Animal Welfare Advisory Committee.

Animals Procedures Committee.

Appeal Officer for Community Interest Companies.

Arts and Humanities Research Council.

Arts Council of England.

The Director of the Assets Recovery Agency.

Authorised Conveyancing Practitioners Board.

Better Regulation Commission.

Big Lottery Fund.

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.

Capacity Builders.

Central Advisory Committee on War Pensions.

Central Bureau for Educational Visits and Exchanges.

Central Office of Information.

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 Equality and Human Rights.

Commission for Healthcare Audit and Inspection.

Commission for Integrated Transport.

Commission for the New Towns.

Commission for Patient and Public Involvement in Health.

Commission for Rural Communities.

Commission for Social Care Inspection.

Commissioner for Victims and Witnesses.

Committee on the Biological Safety of Blood and Tissues for Transplantation.

Committee on Carcinogenicity of Chemicals in Food, Consumer Products and the Environment.

Commission on Human Medicines.

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 Radioactive Waste Management.

Committee on the Safety of Devices.

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.

Competition Service.

Complaints Audit Committee.

Construction Industry Training Board.

Consumer Council for Postal Services.

Consumer Council for Water.

Correctional Services Accreditation Panel.

Council for Science and Technology.

Crown Estate Office.

Culture East Midlands.

Culture North East.

Culture North West.

Culture South East.

Culture South West.

Culture West Midlands.

Cycling England.

Darwin Advisory Committee.

Defence Nuclear Safety Committee.

Defence Scientific Advisory Committee.

DEFRA Science Advisory Council.

Department for Business, Enterprise and Regulatory Reform.

Department for Children, Schools and Families.

Department for Communities and Local Government.

Department for Culture, Media and Sport.

Department for Environment, Food and Rural Affairs.

Department for Innovation, Universities and Skills.

Department for International Development.

Department for Transport.

Department for Work and Pensions.

Department of Health.

Design Council.

Disabled Persons Transport Advisory Committee.

Economic and Social Research Council.

Electoral Commission.

Engineering Construction Industry Training Board.

Engineering and Physical Sciences Research Council.

England Implementation Group.

English Sports Council.

English Tourist Board.

Environment Agency.

Ethnic Minority Business Forum.

Expert Advisory Group on AIDS.

Expert Panel on Air Quality Standards.

Export Credits Guarantee Department.

The Director of Fair Access to Higher Education.

Farm Animal Welfare Council.

Firebuy Limited.

Fleet Air Arm Museum.

Food from Britain.

Food Standards Agency.

Football Licensing Authority.

Foreign and Commonwealth Office.

Forestry Commission.

Fuel Poverty Advisory Group.

Futurebuilders Advisory Panel.

Gambling Commission.

Gangmasters Licensing Authority.

Gas and Electricity Consumer Council.

Gas and Electricity Markets Authority.

Geffrye Museum.

Gene Therapy Advisory Committee.

General Advisory Committee on Science.

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 Revenue and Customs.

Her Majesty´s Stationery Office.

Her Majesty´s Treasury.

Herbal Medicines Advisory Committee.

Higher Education Funding Council for England.

Historic Buildings and Monuments Commission for England.

Historic Royal Palaces.

Home-Grown Cereals Authority.

Home Office.

The Horniman Public Museum and Public Park Trust.

Horserace Betting Levy Board.

Horticultural Development Council.

Housing Corporation.

Human Fertilisation and Embryology Authority.

Human Genetics Commission.

Human Tissue Authority.

The Immigration Services Commissioner.

Imperial War Museum.

Independent Advisory Group on Sexual Health and HIV.

Independent Living (1993) Fund.

Independent Living (Extension) Fund.

Independent Living Fund (2006).

Independent Reconfiguration Panel.

The Independent Regulator of NHS Foundation Trusts.

Independent Review Panel for Advertising.

Independent Review Panel on the Classification of Borderline Products.

Independent Scientific Group on Cattle TB.

Industrial Development Advisory Board.

The Information Commissioner.

The International Rail Regulator.

Investors in People UK.

Joint Committee on Vaccination and Immunisation.

Joint Nature Conservation Committee.

Land Registry.

Law Commission.

Learning and Skills Council for England.

Leasehold Advisory Service.

Legal Deposit Advisory Panel.

Legal Services Commission.

The Legal Services Complaints Commissioner.

The following general lighthouse authorities–

(a) the Corporation of the Trinity House of Deptford Strond;

(b) the Commissioners of Northern Lighthouses.

Living East.

Local Better Regulation Office.

Low Pay Commission.

Marshall Aid Commemoration Commission.

Meat and Livestock Commission.

Medical Research Council.

Medical Workforce Standing Advisory Committee.

Milk Development Council.

Ministry of Defence.

Ministry of Justice.

Museum of London.

Museum of Science and Industry in Manchester.

Museums, Libraries and Archives Council.

National Army Museum.

National Biological Standards Board (UK).

National Community Forum.

National Consumer Council.

National Employer Advisory Board.

National Endowment for Science, Technology and the Arts.

National Forest Company.

National Gallery.

National Heritage Memorial Fund.

National Housing and Planning Advice Unit.

National Lottery Commission.

National Maritime Museum.

National Museum of Science and Industry.

National Museums and Galleries on Merseyside.

National Policing Improvement Agency.

National Portrait Gallery.

National Specialist Commissioning Advisory Group.

National Victims Advisory Panel.

Natural England.

Natural Environment Research Council.

Natural History Museum.

Northern Ireland Court Service.

Northern Ireland Human Rights Commission.

Northern Ireland Legal Services Commission.

Northern Ireland Office.

Northern Ireland Police Fund.

Northern Ireland Policing Board.

Nuclear Decommissioning Authority.

Nuclear Liabilities Fund.

Nuclear Research Advisory Council.

Nutrition Forum.

Office for National Statistics.

Office for Standards in Education, Children´s Services and Skills.

Office of the Children´s Commissioner.

Office of Communications.

Office of Fair Trading.

Office of Public Sector Information.

Office of Rail Regulation.

Office of the Regulator of Community Interest Companies.

Office of the Renewable Fuels Agency.

Office of the Secretary of State for Scotland.

The Official Solicitor to the Supreme Court.

Oil and Pipelines Agency.

Olympic Delivery Authority.

Olympic Lottery Distributor.

Ordnance Survey.

Parades Commission for Northern Ireland.

Parole Board.

Patient Information Advisory Group.

Partnerships for Schools.

The Pensions Regulator.

Pesticide Residues Committee.

Personal Accounts Delivery Authority.

Postal Services Commission.

Postgraduate Medical Education and Training Board.

Probation Board for Northern Ireland.

The Registrar of Public Lending Right.

Public Record Office.

Qualifications and Curriculum Authority.

The Quality Improvement Agency.

Rail Passengers´ Council.

Railway Heritage Committee.

Regional development agencies (other than the London Development Agency).

Regional industrial development boards.

Remploy Ltd.

Renewables Advisory Board.

Residuary Bodies.

Reviewing Committee on the Export of Works of Art.

Royal Air Force Museum.

Royal Armouries Museum.

Royal Botanic Gardens, Kew.

Royal Commission on Historical Manuscripts.

Royal Commission on Environmental Pollution.

Royal Marines Museum.

Royal Mint.

Royal Naval Museum.

Royal Navy Submarine Museum.

Royal Ulster Constabulary George Cross Foundation.

The School Food Trust.

Science and Technology Facilities Council.

Scientific Advisory Committee on Nutrition.

Sea Fish Industry Authority.

Sector Skills Development Agency.

Security Industry Authority.

Sentencing Advisory Panel.

Sentencing Guidelines Council.

Sir John Soane´s Museum.

SITPRO Ltd.

Spongiform Encephalopathy Advisory Committee.

Standards Board for England.

Standing Dental Advisory Committee.

Statistics Commission.

Sustainable Development Commission.

Tate Gallery.

Technology Strategy Board.

The Theatres Trust.

Training and Development Agency for Schools.

Treasure Valuation Committee.

The Treasury Solicitor.

UK Chemical Weapons Convention National Authority Advisory Committee.

UK Film Council.

UK National Authority Advisory Group.

Union Modernisation Fund Supervisory Board.

United Kingdom Atomic Energy Authority.

United Kingdom Sports Council.

United Kingdom Xenotransplantation Interim Regulatory Authority.

Unlinked Anonymous Surveys Steering Group.

Unrelated Live Transplant Regulatory Authority.

Urban development corporations established for urban development areas wholly in England.

Urban Regeneration Agency.

Valuation Tribunal Service.

Veterinary Products Committee.

Veterinary Residues Committee.

Victims Advisory Panel.

Victoria and Albert Museum.

Wales Office.

Wallace Collection.

War pensions committees.

Water Services Regulation Authority.

Westminster Foundation for Democracy.

Women´s National Commission.

Yorkshire Culture.

Youth Justice Board for England and Wales.

Zoos Forum.

NOTES

General

In relation to any function exercised on behalf of the Crown by a department or authority to which this Act applies which was previously exercisable on behalf of the Crown by a department or authority to which this Act does not apply, the reference to the department or authority to which this Act applies includes a reference to the other department or authority if the other department or authority–

(a) ceased to exercise the function before the commencement of this Act; or

(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

In the case of the Director of the Assets Recovery Agency an investigation may be conducted only in respect of the exercise of functions vested in him by virtue of a notice served on the Commissioners for Her Majesty´s Revenue and Customs under section 317(2), 321(2) or 322(2) of the Proceeds of Crime Act 2002(2) (Inland Revenue functions).

Cabinet Office

The reference to the Cabinet Office does not include any of the Secretariats (including the intelligence and security functions carried out by the Chairman of the Joint Intelligence Committee and the Prime Minister´s Security Adviser respectively) or the office of the Secretary of the Cabinet and Head of the Home Civil Service. The reference to the Cabinet Office includes the Lord President of the Council´s Office, the executive agencies of the Cabinet Office and the office of any Minister whose expenses are defrayed out of moneys provided by Parliament for the service of the Cabinet Office.

Commission for the New Towns

In the case of the Commission for the New Towns no investigation is to be conducted in respect of any action in connection with functions in relation to housing.

Environment Agency

The reference to the Environment Agency is a reference to that Agency in relation to all its functions other than its flood defence functions, within the meaning of the Water Resources Act 1991(3); and no investigation is to be conducted in respect of any action in connection with functions of the Environment Agency in relation to Wales (within the meaning of the Government of Wales Act 2006(4)).

Forestry Commission

In the case of the Forestry Commission no investigation is to be conducted in respect of any action in connection with functions of the Forestry Commissioners in relation to Wales (within the meaning of the Government of Wales Act 2006).

Government Actuary´s Department

In the case of the Government Actuary´s Department an investigation may be conducted only in respect of the giving of advice by the Government Actuary´s Department on or before 26 April 2001 relating to the exercise of functions under–

(a) Part 2 of the Insurance Companies Act 1982(5), or

(b) any other enactment relating to the regulation of insurance companies within the meaning of that Act.

Health Protection Agency

In the case of the Health Protection Agency no investigation is to be conducted in relation to any action taken by or on behalf of that Agency in the exercise in or as regards Scotland of any function to the extent that the function is exercisable within devolved competence (within the meaning of section 54 of the Scotland Act 1998(6)).

HM Treasury

The reference to Her Majesty´s Treasury includes its subordinate departments and the office of any Minister whose expenses are defrayed out of moneys provided by Parliament for the service of Her Majesty´s Treasury; but it does not include National Savings and Investments.

Corporation of the Trinity House of Deptford Strond

In the case of the Corporation of the Trinity House of Deptford Strond an investigation may be conducted only in respect of action in connection with its functions as a general lighthouse authority.

Ministry of Defence

The reference to the Ministry of Defence includes the Defence Council, the Admiralty Board, the Army Board and the Air Force Board.

Ministry of Justice

The reference to the Ministry of Justice includes the Public Trustee but does not include the Privy Council Office or the Office of the Judicial Committee of the Privy Council.

Treasury Solicitor

The reference to the Treasury Solicitor does not include a reference to Her Majesty´s Procurator General.

Urban development corporations

In the case of an urban development corporation no investigation is to be conducted in respect of any action in connection with functions in relation to town and country planning.

Urban Regeneration Agency

In the case of the Urban Regeneration Agency no investigation is to be conducted in respect of any action in connection with functions in relation to town and country planning."

Article 3

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

Section 5

"SCHEDULE 4 RELEVANT 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 3 REVOCATIONS

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.