The Public Appointments Order in Council 2013 (“the 2013 Order”) makes provision for an independent Commissioner to monitor the procedures adopted by appointing authorities (Ministers of the Crown and others) when making appointments to public bodies.

It is desirable to revoke the 2013 Order and make further provision in relation to these matters.

Her Majesty is pleased, by and with the advice of Her Privy Council, to order as follows:-

Citation commencement and revocation

• 1 —(1) This Order may be cited as the Public Appointments Order in Council 2014 and comes into force on the day after the day on which it is made.

(2) The Public Appointments Order in Council 2013 is revoked.

Interpretation

• 2 —(1) The Interpretation Act 1978 ( a ) applies for the interpretation of this Order as it applies for the interpretation of an Act of Parliament and as if the Order listed in Article 1(2) was an enactment for the purposes of section 16(1) of that Act

(2) In this Order:

“appointing authority” means, in relation to a public appointment—

• a Minister of the Crown or, as the case may be, the Welsh Ministers, the First Minister for Wales or the Counsel General;
• b the National Health Service Trust Development Authority where an appointment is made by it on behalf of a Minister of the Crown, or the Welsh Ministers, the First Minister for Wales or the Counsel General;
• c in relation to the UK Commission for Employment and Skills, a Minister of the Crown or, as the case may be, the Scottish Ministers, the Northern Ireland Ministers or the Welsh Ministers, the First Minister for Wales or the Counsel General;

“audit” means the carrying out of any review by or on behalf of the Commissioner of the appointment procedures and practices followed by appointing authorities in making appointments;

“Commissioner” means the person appointed for the time being by Her Majesty in Council to be Her Majesty’s Commissioner for Public Appointments for the purposes of this Order;

“public appointment” means any appointment (including any re-appointment or extension of an appointment) made by, or on the recommendation of, an appointing authority to a public body or public office;

“public body” means any body that falls under the Schedule;

“public office” means any office that falls under the Schedule.

(3) Where a provisional appointment is to be made before a body or office exists in law or before a body or office has been specified as a public body or public office for the purposes of this Order, the Minister for the Cabinet Office may notify the Commissioner that the appointment is to be treated as if it were a public appointment to a public body or public office for the purposes of this Order.

Functions of the Commissioner

• 3 —(1) The Commissioner shall, in the manner the Commissioner considers best calculated to promote economy, efficiency, effectiveness, diversity and equality of opportunity in the procedures for making public appointments, exercise the Commissioner’s functions with the object of maintaining the principle of selection on merit in relation to public appointments.

(2) The Commissioner shall prescribe and publish a code of practice on the interpretation and application by appointing authorities of the principle of selection on merit for public appointments and shall adopt and publish from time to time such additional guidance to appointing authorities as the Commissioner shall think fit.

(3) The Commissioner shall audit public appointment policies and practices pursued by appointing authorities to establish whether the code of practice is being observed by appointing authorities.

(4) The Commissioner may require appointing authorities to publish such summary information as may be specified relating to selection for public appointment.

(5) The Commissioner may from time to time conduct an inquiry into the policies and practices followed by an appointing authority in relation to any public appointment or description of public appointment.

(6) The Commissioner may recruit and train public appointment assessors for the purpose of advising and assisting an appointing authority in relation to any public appointment.

(7) For the purposes of paragraphs (3) and (5), appointing authorities must provide the Commissioner with any information the Commissioner reasonably requires.

Additional functions

• 4 —(1) The Commissioner may, at the request of a Minister of the Crown, carry out such additional functions relating to appointments (whether public or otherwise) as may be agreed between the Minister and the Commissioner.

(2) Public appointment assessors recruited in accordance with article 3(6) may advise and assist in relation to appointments falling under paragraph (1) of this article.

Commissioner’s Annual Report

• 5 The Commissioner shall publish an annual report which shall include—
  • a information as to the application by appointing authorities of the principle of selection on merit and as to the observance by such authorities of the code of practice, and
  • b an account of the audit of public appointment procedures and practices.

Exercise of the Commissioner’s powers and duties

• 6 —(1) Any power or duty of the Commissioner may be exercised by an officer of the Commissioner authorised for that purpose by the Commissioner.

(2) The Commissioner may from time to time, and to such extent as the Commissioner thinks fit, authorise any person to perform any function under article 3(3) or 4.

Richard Tilbrook

SCHEDULE

Article 2(2)

Bodies and Offices Regulated by the Commissioner for Public Appointments

Cabinet Office

Public bodies

Advisory Committee on Business Appointments

Big Lottery Fund

Boundary Commission for England

Boundary Commission for Wales

Charity Commission for England and Wales

Committee on Standards in Public Life

House of Lords Appointments Commission

Office of the Registrar of Consultant Lobbyists

Security Vetting Appeals Panel

Senior Salaries Review Body

Statistics Board

Department for Business, Innovation and Skills

Public bodies

Advisory, Conciliation and Arbitration Service (Acas)

Arts and Humanities Research Council

Biotechnology and Biological Sciences Research Council

British Business Bank plc

British Hallmarking Council

Capital for Enterprise Ltd

Competition Markets Authority, with the exception of the Chief Executive

Competition Service

Construction Industry Training Board

Council for Science and Technology

Economic and Social Research Council

Engineering and Physical Sciences Research Council

Engineering Construction Industry Training Board

Film Industry Training Board for England and Wales

Higher Education Funding Council for England

Independent Assessors for Student Finance Appeals and Complaints

Industrial Development Advisory Board

Low Pay Commission

Medical Research Council

Natural Environment Research Council

Office for Fair Access

Post Office Ltd, Chair appointment only

Regulatory Policy Committee

Science and Technology Facilities Council

Student Loans Company Ltd

Technology Strategy Board

UK Commission for Employment and Skills

UK Green Investment Bank

United Kingdom Atomic Energy Authority

Public offices

Groceries Code Adjudicator

Department for Education

Public bodies

Office for Standards in Education, Children’s Services and Skills

Office of Qualifications and Examinations Regulation

School Teachers’ Review Body

Social Mobility and Child Poverty Commission

Public offices

Chair of the Information Standards Board

Children’s Commissioner for England

Her Majesty’s Chief Inspector of Education, Children’s Services and Skills

Members of Professional Misconduct Panels for Teachers

Department for Communities and Local Government

Public bodies

Audit Commission for Local Authorities and the National Health Service in England

Building Regulations Advisory Committee

Homes and Communities Agency

Leasehold Advisory Service (LEASE)

Valuation Tribunal Service

Public offices

The Housing Ombudsman

Local Government Ombudsman

Department for Culture, Media and Sport

Public bodies

Arts Council England

British Broadcasting Corporation

British Library

British Museum

Commission for Equality and Human Rights

English Heritage

Gambling Commission

Geffrye Museum

Historic Royal Palaces

Horniman Public Museum and Public Park Trust

Horserace Betting Levy Board

Imperial War Museum

National Gallery

National Heritage Memorial Fund

National Lottery Commission

National Maritime Museum

National Museum of Science and Industry

National Museums Liverpool

National Portrait Gallery

Natural History Museum

Office of Communications (OFCOM)

Olympic Delivery Authority

Reviewing Committee on the Export of Works of Art and Objects of Cultural Interest

Royal Armouries

Sianel Pedwar Cymru (S4C)

Sport England

Sports Ground Safety Authority

Tate

Theatres Trust

Treasure Valuation Committee

UK Sport

United Kingdom Anti-Doping Ltd

Victoria and Albert Museum

VisitBritain

Visit England

Wallace Collection

Department for Environment, Food and Rural Affairs

Public bodies

Advisory Committee on Pesticides

Advisory Committee on Releases to the Environment

Agriculture and Horticulture Development Board

Broads Authority

Conservation Board for the Chilterns Area of Outstanding Natural Beauty

Conservation Board for the Cotswolds Area of Outstanding Natural Beauty

Consumer Council for Water

Covent Garden Market Authority

Environment Agency

Forestry Commissioners, with the exception of executive members

Independent Agricultural Appeals Panel

Joint Nature Conservation Committee

Marine Management Organisation

National Forest Company

National Park authorities, with the exception of parish members

Natural England

Regional Flood and Coastal Committees, with the exception of board members

Royal Botanic Gardens Kew

Science Advisory Council

Sea Fish Industry Authority

Veterinary Products Committee

Water Services Regulation Authority (OFWAT)

Department for International Development

Public bodies

CDC Group plc

Commonwealth Scholarship Commission

Independent Commission for Aid Impact

Department for Transport

Public bodies

British Transport Police Authority

Civil Aviation Authority, with the exception of executive members

Disabled Persons Transport Advisory Committee

HS2 Ltd

Office of Rail Regulation

Passenger Focus

Department for Work and Pensions

Public bodies

Health and Safety Executive

Independent Living Fund (2006)

Industrial Injuries Advisory Council

National Employment Savings Trust

Office for Nuclear Regulation

Pensions Advisory Service

Pension Protection Fund

Pensions Regulator

Remploy Limited

Social Security Advisory Committee

Public offices

Pensions Ombudsman

Pension Protection Fund Ombudsman

Department of Energy and Climate Change

Public bodies

Civil Nuclear Police Authority

Coal Authority

Committee on Climate Change

Committee on Radioactive Waste Management

Fuel Poverty Advisory Group

Gas and Electricity Markets Authority

National Nuclear Laboratory

Nuclear Decommissioning Authority

Nuclear Liabilities Financing Assurance Board

Nuclear Liabilities Fund

Department of Health

Public bodies

Administration of Radioactive Substances Advisory Committee

Advisory Committee on Clinical Excellence Awards

British Pharmacopoeia Commission

Care Quality Commission

Commission on Human Medicines

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

Food Standards Agency

Health and Social Care Information Centre

Health Education England

Health Research Authority

Human Fertilisation and Embryology Authority

Human Tissue Authority

Independent Reconfiguration Panel

Monitor

National Institute for Health and Care Excellence

NHS Blood and Transplant Authority

NHS Business Services Authority

NHS Commissioning Board

NHS Litigation Authority

NHS Pay Review Body

NHS Trusts

NHS Trust Development Authority

Review Body on Doctors’ and Dentists’ Remuneration

Export Credits Guarantee Department

Public bodies

Export Guarantees Advisory Council

Foreign and Commonwealth Office

Public bodies

Great Britain-China Centre

Marshall Aid Commemoration Commission

Westminster Foundation for Democracy

HM Treasury

Public bodies

Court of Directors of the Bank of England, with the exception of the Governor and

Deputy Governors

Crown Estate Commissioners, with the exception of executive members

Financial Conduct Authority, with the exception of executive members

National Savings and Investments

Royal Mint Advisory Committee on the Design of Coins, Medals, Seals and Decorations

UK Financial Investments (UKFI)

Home Office

Public bodies

Advisory Council on the Misuse of Drugs

Animals in Science Committee

Disclosure and Barring Service

Gangmasters Licensing Authority

Independent Police Complaints Commission

Migration Advisory Committee

National Crime Agency Remuneration Review Body

National DNA Database Ethics Group

Office of the Immigration Services Commissioner

Police Advisory Board for England and Wales

Police Negotiating Board

Security Industry Authority

Technical Advisory Board (for the Regulation of Investigatory Powers Act 2000), with the exception of Agency Members

Public offices

Appointed person under the Proceeds of Crime Act 2002

Independent Chief Inspector of Borders and Immigration

Commissioner for the Retention and Use of Biometric Material

Her Majesty’s Inspectors of Constabulary

Independent Monitor of the Disclosure and Barring Service

Independent Reviewer of Terrorism Legislation

Members of the Visiting Committee of any immigration removal centre or short-term holding facility

Surveillance Camera Commissioner

Ministry of Defence

Public bodies

Advisory Committee on Conscientious Objectors

Armed Forces Pay Review Body

Central Advisory Committee on War Pensions

Defence Nuclear Safety Committee

Defence Scientific Advisory Council

Independent Board of Visitors for Military Corrective Training Centre

Independent Medical Expert Group

National Employer Advisory Board

Nuclear Research Advisory Council

Oil and Pipelines Agency

Review Board for Government Contracts

Royal Air Force Museum

Scientific Advisory Committee on the medical implications of less lethal weapons

Single Source Regulations Office

Veterans Advisory and Pensions Committees

Public offices

Service Complaints Commissioner

Ministry of Justice

Public bodies

Administrative Justice Forum, Chair

Advisory Committees on Justices of the Peace in England and Wales

Advisory Council on National Records and Archives

Advisory Panel on Public Sector Information

Children and Family Court Advisory and Support Service

Civil Justice Council

Civil Procedure Rule Committee

Criminal Cases Review Commission

Criminal Procedure Rule Committee

Family Justice Board, Chair

Family Justice Council

Family Procedure Rule Committee

Independent Advisory Panel on Deaths in Custody

Independent Monitoring Board of any prison or young offender institution

Insolvency Rules Committee

Judicial Appointments Commission

Judicial Pension Board, independent Chair and independent members

Law Commission

Legal Services Board

Parole Board, with the exception of the Chair and judicial members

Prison Service Pay Review Body

Probation Trusts

Sentencing Council for England and Wales

Tribunal Procedure Committee

Youth Justice Board for England and Wales

Public offices

Assessor of Compensation for Miscarriages of Justice

Commissioner for Victims and Witnesses

Court of Protection Visitors

Her Majesty’s Chief Inspector of Prisons for England and Wales

Her Majesty’s Chief Inspector of Probation

Information Commissioner

Judicial Appointments and Conduct Ombudsman

Multi-Agency Public Protection Arrangements Lay Advisers

Non-Judicial Members of Review Bodies of the Judicial Conduct Investigations Office

Persons appointed by the Lord Chancellor under section 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012

President of the National Council for Independent Monitoring Boards

Prisoner Escort and Custody Services Lay Observers

Prisons and Probation Ombudsman

Northern Ireland Office

Boundary Commission for Northern Ireland

Equality Commission for Northern Ireland

Northern Ireland Human Rights Commission

Parades Commission for Northern Ireland

Scotland Office

Boundary Commission for Scotland

Welsh Government

Advisory Panel on Substance Misuse

Agricultural Dwelling House Advisory Committee

Agricultural Wages Committee

All Wales Medicines Strategy Group

Arts Council of Wales

Brecon Beacons National Park Authority

Care Council for Wales

Careers Choices Dewis Gyrfa

Community Health Councils

Higher Education Funding Council for Wales

Independent Appeal Panel for Farmers

Local Government Boundary Commission for Wales

Local Health Boards

National Health Service Trusts

National Library of Wales

National Museum Wales

Natural Resources Wales

Pembrokeshire Coast National Park Authority

Royal Commission on the Ancient and Historical Monuments of Wales

Snowdonia National Park Authority

Sports Council for Wales

Welsh Industrial Development Advisory Board

EXPLANATORY NOTE