Parliamentary and Health Service Commissioners Act 1987
1987 c. 39
An Act to make further provision in relation to the Parliamentary Commissioner for Administration and the Health Service Commissioners for England, Wales and Scotland, to provide for the appointment of persons for a limited period to act as the Parliamentary Commissioner or as a Health Service Commissioner, to extend the period within which complaints may be referred to the Health Service Commissioner for England or Wales by a body subject to investigation and to make fresh provision in relation to references of complaints to the Health Service Commissioner for Scotland.
[15th May 1987]
B e it enacted by the Queen ’ s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: —
1. Extension of the jurisdiction of the Parliamentary Commissioner.
— (1) The following section shall be substituted for section 4 of the
Parliamentary Commissioner Act 1967 (
“ the 1967 Act )
—
" Departments etc. subject to investigation.
4. — ( 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.
( 4 ) No entry shall be made in respect of a corporation or body whose sole activity is, or whose main activites 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 Industrial 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. " .
(2) The Schedule set out in Schedule 1 to this Act shall be substituted for Schedule 2 to the 1967 Act.
(3) The 1967 Act shall be further amended as follows — (a)
in section 13(2)(application to Northern Ireland)
—
(i) after the word “ authority , in the first place where it occurs, there shall be inserted the words “ or body ; and
(ii) for the words “ or authority , in the first place where they occur, there shall be substituted the words “ authority or body ; (b)
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
(c)
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 .
2. Removal of a Commissioner on grounds of incapacity for medical reasons
— (1) [ Section 1 of the 1967 Act ( which deals with the appointment and tenure of office by the Parliamentary Commissioner ) ] shall be amended as follows
— (a)
in subsection (2), for the words “ subsection (3) there shall be substituted the words “ subsections (3) and (3A) ; and
(b)
after subsection (3), there shall be inserted the following subsection —
" ( 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. "
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Delegation of Parliamentary Commissioner ’ s functions to officers.
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 words
" or may be performed by any officer so authorised — ( a )
of the Health Service Commissioner for England;
( b )
of the Health Service Commissioner for Scotland; or
( c )
of the Health Service Commissioner for Wales " .
4. Consultation and disclosure of information.
— (1) In section 11 of the 1967 Act (provision for secrecy of information), the following subsection shall be inserted after subsection (2)
—
" ( 2A ) Where the Commissioner also holds office as a Health Service Commissioner and a person initiates a complaint to him in his capacity as such a Commissioner which relates partly to a matter with respect to which that person has previously initiated a complaint under this Act, or subsequently initiates such a complaint, information obtained by the Commissioner or his officers in the course of or for the purposes of investigating the complaint under this Act may be disclosed for the purposes of his carrying out his functions in relation to the other complaint. " .
(2) The following section shall be inserted after that section —
" Consultations between Parliamentary Commissioner and Health Service Commissioners.
11A. — ( 1 ) Where, at any stage in the course of conducting an investigation under this Act, the Commissioner forms the opinion that the complaint relates partly to a matter within the jurisdiction of the Health Service Commissioner for England, Wales or Scotland, he shall — ( a )
unless he also holds office as that Commissioner, consult about the complaint with him; and
( b )
if he considers it necessary, inform the person initiating the complaint under this Act of the steps necessary to initiate a complaint under Part V of the National Health Service Act 1977 ( Health Service Commissioner for England and for Wales ) or, as the case may be, Part VI of the National Health Service ( Scotland ) Act 1978 ( Health Service Commissioner for Scotland ) .
( 2 ) Where by virtue of subsection ( 1 ) above the Commissioner consults with the Health Service Commissioner in relation to a complaint under this Act, he may consult him about any matter relating to the complaint, including — ( a )
the conduct of any investigation into the complaint; and
( b )
the form, content and publication of any report of the results of such an investigation.
( 3 ) Nothing in section 11 ( 2 ) of this Act shall apply in relation to the disclosure of information by the Commissioner or any of his officers in the course of consultations held in accordance with this section. " .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. Appointment of acting Commissioners.
— (1) The following section shall be inserted after section 3 of the 1967 Act
—
" Appointment of acting Commissioner.
3A. — ( 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. "
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9. Financial provision.
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.
10. Citation, repeals, commencement and extent.
— (1) This Act may be cited as the Parliamentary and Health Service Commissioners Act 1987.
(2) The enactments mentioned in Schedule 2 to this Act are repealed to the extent specified in the third column of that Schedule.
(3) This Act shall come into force at the end of the period of two months beginning with the date on which it is passed.
(4) 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.
(5) 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.
SCHEDULES
SCHEDULE 1
Section 1.
Schedule Substituted for Schedule 2 to the 1967 Act
SCHEDULE 2
Departments Etc. Subject to Investigation
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.
1. The reference to the Ministry of Defence includes the Defence Council, the Admiralty Board, the Army Board and the Air Force Board.
2. 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.
3. 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.
4. 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).
5. 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.
6. 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.
7. 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.
8. The reference to the Treasury Solicitor does not include a reference to Her Majesty ’ s Procurator General.
9. 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.
10. 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, only did so when it was a department or authority to which this Act applied.
SCHEDULE 2
Section 10.
Enactments Repealed
| 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. |
