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Legislation for the Parliamentary Ombudsman

The Parliamentary Ombudsman (or Parliamentary Commissioner for Administration) draws her powers almost wholly from the Parliamentary Commissioner Act 1967, as since amended.

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As the official home of UK legislation, legislation.gov.uk, delivered by The National Archives, provides access to UK legislation covering all jurisdictions (England, Scotland, Wales and Northern Ireland). The site contains all legislation from 1988 to present day, most pre-1988 primary legislation in both original and revised versions, and a large selection of secondary legislation from 1948 onwards where this legislation is still in force.

Legislation for the Parliamentary Ombudsman can be found here.

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Items published before these dates should be available in hard copy from any good reference library. If you have trouble in locating any item, please contact us.

Ignoring changes which have been overtaken by later changes, the following are the changes which have been made to the 1967 Act, and other changes to the powers of the Ombudsman.

  1. The main legislation amending the 1967 Act 
  2. Legislation affecting only one section of, or schedule to, the 1967 Act 
  3. Other legislation affecting the Parliamentary Ombudsman’s powers 

1. The main legislation amending the 1967 Act:

The Parliamentary Commissioner (Consular Complaints) Act 1981; (amended section 6(4) and inserted section 6(5)).

The Parliamentary and Health Service Commissioners Act 1987; (made various changes).

The Courts and Legal Services Act 1990, s.110; (inserted section 5(6), and paragraph 6A of schedule 3).

The Parliamentary Commissioner Act 1994; (inserted sections 5(7) to (9); paragraph 6B of schedule 3; and schedule 4).

The Criminal Injuries Compensation Act 1995, s.10(1); (inserted section 11B).

The Government of Wales Act 1998, s.125 and schedule 12, paragraphs 4 to 8; (amended sections 3, 4, 11, and 11A).

The Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 [SI 1999/1820], article 4 and schedule 2, paragraph 39; (amended sections 4 and 6, and inserted sections 5(5A), 5(5B) and 5(9A)).

The Freedom of Information Act 2000, s.76(2) & schedule 7, paragraph 1; (inserted sections 11(5) and 11AA).

The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 [SI 2004/1823], article 5; (amended sections 3 and 11, including inserting section 11A(2A).

The Domestic Violence, Crime and Victims Act 2004, section 47 and schedule 7; (inserted sections 5(1A) – (1C) and other provisions to enable the Ombudsman to deal with complaints under the Code of Practice for Victims of Crime and under sections 35 – 44 of the 2004 Act).

The Constitutional Reform Act 2005 , section 145 and schedule 17, part 1, paragraph 6; (amended section 5(6) and inserted paragraph 12 in schedule 3).

The Public Services Ombudsman (Wales) Act 2005, section 39 and schedule 6, paragraphs 1 to 5; (amended sections 3(2), 4(3A), 11(2A), and 11A(1) and (2)).

The Employment Equality (Age) Regulations 2006 [SI 2006/1031], article 49(1) and schedule 8, part 1, paragraphs 3-5; (amended sections 1 and 3A as they apply to future appointments).

The Regulatory Reform (Collaboration etc. between Ombudsmen) Order 2007 [SI 2007/1889]; (inserted sections 3(1A), 3(2A), 11(2)(aa), and 11ZAA).

The Local Government and Public Involvement in Health Act 2007, sections 182 and 241, and schedule 12 , part 2, paragraph 13, and schedule 18, part 14; (amends sections 3(2A), 11(2)(aa), and 11ZAA(3)-(5).

The Parliamentary Commissioner Order 2007 [SI 2007/3470]; (inserted new version of schedule 4).

The Transfer of Tribunal Functions Order 2008 [SI 2008/2833], artiocle 6 and schedule 3, paragraphs 23-26; (amends section 11B and schedule 4); (inserted new version of schedule 4).

The Parliamentary Commissioner Order 2008 [SI 2008/3115]; (amended schedule 3, paragraph 8; and schedule 4).

The Parliamentary Commissioner Order 2010 [SI 2010/239]; (inserted new version of schedule 2, and amended schedule 4).

The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 [SI 2010/976], article 16 and schedule 19, paragraph 3; (amends schedules 2 and 4).

The Northern Ireland Court Service (Abolition and Transfer of Functions) Order (Northern Ireland) 2010 [SR 2010/133], article 4 and schedule 1, paragraph 2; (amends section 5(6) and schedule 2).

2. Legislation affecting only one section of, or schedule to, the 1967 Act:

Section 1 amended by:

The House of Commons Disqualification Act 1975, s.10(2) and schedule 3.

The Northern Ireland Assembly Disqualification Act 1975, s.5(2) and schedule 3, part I.

The Tribunals and Inquiries Act 1971, s.18(2) and schedule 4, part I.

Section 2 has been amended by:

The Parliamentary and other Pensions and Salaries Act 1976, s.6(2) and (4), s.9(2), and the schedule.

Section 5 has been amended by:

The Fair Employment and Treatment (Northern Ireland) Order 1998 [SI 1998/3162 (NI 21)], article 105(1) and schedule 3; (inserted section 5(2A)).

The Secretary of State for Justice Order 2007 [SI 2007/2128], article 8 and the schedule, paragraphs 4(1) and (2); (amended section 5(6)).

Section 8 has been amended by:

The Civil Evidence Act 1968, s.17(1)(b).

Section 11 has been amended by:

The Official Secrets Act 1989, s.16(3) and schedule 1, paragraph 1(a); and s.16(4) and schedule 2.

Section 11A has been amended by:

The Health Service Commissioners Act 1993, s.20(1) and schedule 2, paragraph 1.

The Housing Act 2004, s.265(1) and schedule 15, paragraph 1; (amendment to heading brought into force so far only as regards Wales).

Section 13 has been amended by:

The Northern Ireland (Modification of Enactments – No 1) Order 1999 [SI 1999/663], article 2(1) and schedule 1, paragraph 14.

Schedule 1:

This Schedule was substituted by the Judicial Pensions and Retirement Act 1993, s.25 and schedule 4, part II, paragraph 2.

Since then, some functions under the schedule have been transferred by the Transfer of Functions (Treasury and Minister for the Civil Service) Order 1995 [SI 1995/ 269], articles 3 and 5(2), and the schedule; and it has been amended by the Pension Schemes Act 1993, s.190 and schedule 8, paragraph 1, and by the Pension Schemes (Northern Ireland) Act 1993, s.184 and schedule 7, paragraph 7.

Schedule 2 (as substituted by SI 2010/239) has been amended by the following legislation:

The Passengers’ Council (Non-Railway Functions) Order 2010 [SI 2010/439]; article 2(2) and schedule part 1, paragraph 3.

The Apprenticeships, Skills, Children and Learning Act 2009, sections 60(4), 174, and 192, and schedules 3 (paragraph 20) and 12 (paragraphs 2(1)–(3)).

The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 [SI 2010/234], article 7(1) and schedule 3, part 1, paragraph 1.

Schedule 3:

Paragraph 2 has been replaced by The Parliamentary Commissioner Order (No. 2) 2005 [SI 2005/3430].

Paragraph 4 has been amended by: the Extradition Act 1989, s.36(1).

Paragraph 7 has been amended by the Criminal Appeal Act 1995, s.29 and schedule 3.

Various amendments have been made to Paragraph 8 over the years, the latest by SI 2008/3115, article 3: details of earlier changes are available on request.

Paragraph 10 has been amended by the Parliamentary Commissioner Order 1983 [SI 1983/1707], and by the International Development Act 2002, section 19(1) and schedule 3, paragraph 2.

Schedule 4 (as substituted by SI 2007/3470) has been amended by:

The Transfer of Functions (Estate Agents Appeals and Additional Scheduled Tribunal) Order 2009 [SI 2009/1836], article 5(1) and schedule 1, paragraph 1.

3. Other legislation affecting the Parliamentary Ombudsman’s powers:

The Local Government Act 1974 sections 33(3)-(5); and (prospectively) sections 34M(4)-(7) (being inserted by the Health Act 2009, section 35 and schedule 5).

The Northern Ireland Act 1998, s.78; and s.95(5) and schedule 12

The School Standards and Framework Act 1998, s.25(4) and schedule 5, paragraph 9.

The Public Services Ombudsman (Wales) Act 2005, section 25(5).

The Commissioners for Revenue and Customs Act 2005, s.28.

The Police and Justice Act 2006, section 41.

The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 [SI 2007/1098], articles 4(11) and (12).

The Apprenticeships, Skills, Children and Learning Act 2009, sections 217(4)–(7).

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