Parliamentary and Health Service Commissioners Act 1987
The following section shall be substituted for section 4 of the Parliamentary Commissioner Act 1967 (“the 1967 Act)—.
The Schedule set out in Schedule 1 to this Act shall be substituted for Schedule 2 to the 1967 Act.
The 1967 Act shall be further amended as follows—
in section 13(2) (application to Northern Ireland)—
after the word “authority, in the first place where it occurs, there shall be inserted the words “or body; and
for the words “ or authority, in the first place where they occur, there shall be substituted the words “authority or body;
in section 14(3) (complaints in respect of matters which arose before commencement) for the words “which arose before the commencement of this Act there shall be substituted the words “whenever arising; and
in paragraph 10(1) of Schedule 3 (matters not subject to investigation) for the words “listed in Schedule 2 to this Act there shall be substituted the words “to which this Act applies.
Section 1 of the 1967 Act (which deals with the appointment and tenure of office by the Parliamentary Commissioner) shall be amended as follows—
in subsection (2), for the words “subsection (3) there shall be substituted the words “subsections (3) and (3A); and
after subsection (3), there shall be inserted the following subsection—
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in subsection (2), for the words “subsection (3)” there shall be substituted the words “subsections (3) and (3A)”; and
after subsection (3), there shall be inserted the following subsection—.
At the end of section 3(2) of the 1967 Act (which provides that any function of the Commissioner under the Act may be performed by any officer of the Commissioner authorised for that purpose by the Commissioner) there shall be added the wordsor may be performed by any officer so authorised— .
In section 11 of the 1967 Act (provision for secrecy of information), the following subsection shall be inserted after subsection (2)—.
The following section shall be inserted after that section—.
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the following subsection shall be inserted after subsection (1)—; and
in subsection (2), for the words from the beginning to “any”, in the first place where it occurs, there shall be substituted the words “Where a Commissioner consults with another Commissioner in accordance with this section, the consultations may extend to”.
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In section 119(1) of the 1977 Act (which lists the persons to whom a Health Service Commissioner for England or Wales is required to send a report of the results of his investigation of a complaint) and section 96(1) of the 1978 Act (corresponding provision in relation to the Commissioner for Scotland), the following paragraph shall be inserted after paragraph (a)—.
In section 119(2) of the 1977 Act (Commissioner’s duty, where he decides not to investigate a complaint, to send a statement of the reasons for his decision to the complainant and the body concerned) after “complaint” there shall be inserted “and to any such member of the House of Commons as is mentioned in subsection (1)(aa) above”.
In section 96(3) of the 1978 Act (corresponding provision in relation to the Commissioner for Scotland), for the word “and,” in the second place where it occurs, there shall be substituted the word “to”.
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The following section shall be inserted after section 3 of the 1967 Act—
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There shall be paid out of money provided by Parliament any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.
This Act may be cited as the Parliamentary and Health Service Commissioners Act 1987.
The enactments mentioned in Schedule 2 to this Act are repealed to the extent specified in the third column of that Schedule.
This Act shall come into force at the end of the period of two months beginning with the date on which it is passed.
For the purposes of subsection (3) of section 6 of the 1967 Act any time elapsing between the date of the passing and the date of the commencement of this Act (but not any time before the first of those dates) shall be disregarded in relation to a complaint against a corporation or body first listed in Schedule 2 to the 1967 Act on the commencement of this Act.
This Act only extends to Northern Ireland so far as it relates to the 1967 Act and to the repeal of any enactment amending that Act.
Section 1.
Advisory, Conciliation and Arbitration Service. Agricultural wages committees. Ministry of Agriculture, Fisheries and Food. Arts Council of Great Britain. British Council. British Library Board. Building Societies Commission. Certification Officer. Charity Commission. Civil Service Commission. Co-operative Development Agency. Countryside Commission. Countryside Commission for Scotland. Crafts Council. Crofters Commission. Crown Estate Office. Customs and Excise. Data Protection Registrar. Ministry of Defence. Development Commission. Department of Education and Science. Central Bureau for Educational Visits and Exchanges. Department of Employment. Department of Energy. Department of the Environment. Equal Opportunities Commission. Export Credits Guarantee Department. Office of the Director General of Fair Trading. British Film Institute. Foreign and Commonwealth Office. Forestry Commission. Registry of Friendly Societies. Office of the Director General of Gas Supply. Health and Safety Commission. Health and Safety Executive. Department of Health and Social Security. Highlands and Islands Development Board. Historic Buildings and Monuments Commission for England. Home Office. Horserace Betting Levy Board. Housing Corporation. Central Office of Information. Inland Revenue. Intervention Board for Agricultural Produce. Land Registry. The following general lighthouse authorities— (a) the Corporation of the Trinity House of Deptford Strond; (b) the Commissioners of Northern Lighthouses. The Lord Chancellor’s Department. Lord President of the Council’s Office. Management and Personnel Office. Manpower Services Commission. Medical Practices Committee. Scottish Medical Practices Committee. Museums and Galleries Commission. National Debt Office. Trustees of the National Heritage Memorial Fund. Department for National Savings. Nature Conservancy Council. Commission for the New Towns. Development corporations for new towns. Northern Ireland Court Service. Northern Ireland Office. Ordnance Survey. Office of Population Censuses and Surveys. Registrar of Public Lending Right. Public Record Office. Scottish Record Office. Commission for Racial Equality. Red Deer Commission. Department of the Registers of Scotland. General Register Office, Scotland. Agricultural and Food Research Council. Economic and Social Research Council. Medical Research Council. Natural Environment Research Council. Science and Engineering Research Council. Residuary Bodies. Royal Mint. Scottish Courts Administration. Scottish Office. Council for Small Industries in Rural Areas. Central Council for Education and Training in Social Work. Sports Council. Scottish Sports Council. Sports Council for Wales. Stationery Office. Office of the Director General of Telecommunications. English Tourist Board. Scottish Tourist Board. Wales Tourist Board. Board of Trade. Department of Trade and Industry. Agricultural Training Board. Clothing and Allied Products Industry Training Board. Construction Industry Training Board. Engineering Industry Training Board. Hotel and Catering Industry Training Board. Plastics Processing Industry Training Board. Road Transport Industry Training Board. Department of Transport. Treasury. Treasury Solicitor. Urban development corporations. Development Board for Rural Wales. Welsh Office.
The reference to the Ministry of Defence includes the Defence Council, the Admiralty Board, the Army Board and the Air Force Board.
The reference to the Registry of Friendly Societies includes the Central Office, the Office of the Assistant Registrar of Friendly Societies for Scotland and the Office of the Chief Registrar and the Industrial Assurance Commissioner.
In the case of the Corporation of the Trinity House of Deptford Strond an investigation under this Act may only be conducted in respect of action in connection with their functions as a general lighthouse authority.
The reference to the Lord Chancellor’s Department includes the department of the Accountant General of the Supreme Court and the department of the Public Trustee (whether or not either office is held by the Permanent Secretary to the Lord Chancellor).
The reference to the Lord President of the Council’s Office includes the Office of Arts and Libraries but does not include the Privy Council Office.
The references to the Management and Personnel Office and the Treasury do not include the Cabinet Office, but subject to that include the subordinate departments of the Management and Personnel Office and of the Treasury and the office of any Minister whose expenses are defrayed out of moneys provided by Parliament for service of the Management and Personnel Office or the Treasury.
In the case of the Commission for the New Towns, a development corporation for a new town or the Development Board for Rural Wales, no investigation shall be conducted under this Act in respect of any action in connection with functions in relation to housing.
The reference to the Treasury Solicitor does not include a reference to Her Majesty’s Procurator General.
In the case of an urban development corporation no investigation under this Act shall be conducted in respect of any action in connection with functions in relation to town and country planning.
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—
ceased to exercise the function before the commencement of this Act; or
where it exercised the function after the commencement of this Act, only did so when it was a department or authority to which this Act applied.
Section 10. Chapter Short title Extent of repeal 1969 c. 48. The Post Office Act 1969. Section 93(3). 1973 c. 50. The Employment and Training Act 1973. In Schedule 3, paragraph 9. 1974 c. 37. The Health and Safety at Work etc. Act 1974. In Schedule 9, paragraph 3. 1984 c. 12. The Telecommunications Act 1984. In Schedule 1, paragraph 4. 1985 c. 51. The Local Government Act 1985. In Schedule 13, paragraph 11. 1986 c. 44. The Gas Act 1986. In Schedule 1, paragraph 6. 1986 c. 53. The Building Societies Act 1986. In Schedule 1, paragraph 13. 1986 c. 57. The Public Trustee and Administration of Funds Act 1986. In the Schedule, paragraph 4.