THE 6th DAY OF NOVEMBER 2019

PRESENT,

THE QUEEN’S MOST EXCELLENT MAJESTY IN COUNCIL

The Public Appointments Order in Council 2019 (“the 2019 Order”) makes provision for an independent Commissioner to monitor the procedures adopted by appointing authorities when making appointments to public bodies.

It is desirable to revoke the 2019 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, revocation and saving provision

1.—(1) This Order may be cited as the Public Appointments (No. 2) Order in Council 2019 and comes into force on the day after the day on which it is made.

(2) The Public Appointments Order in Council 2019 is revoked except in relation to a selection process for a public appointment which is not concluded immediately before this Order comes into force.

Interpretation

2.—(1) The Interpretation Act 1978(a) applies to this Order as it applies to an Act of Parliament and, in particular, as if the 2019 Order were 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) 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 NHS Trust Development Authority where an appointment is made by it on behalf of a Minister of the Crown or, as the case may be, the Welsh Ministers, the First Minister for Wales or the Counsel General;

(c) in relation to the Office of Communications (OFCOM), a Minister of the Crown or, as the case may be, the Welsh Ministers, the Scottish Ministers or the Minister for the Economy in Northern Ireland;

“Commissioner” means the person appointed for the time being by Her Majesty in Council to be Her Majesty’s Commissioner for Public Appointments(a);

“Governance Code” means the Governance Code for Public Appointments published under article 3 by the Minister for the Cabinet Office;

“public appointment” means, subject to paragraph (3), any appointment to a public body or public office (including any re-appointment or extension of an appointment) that is made by, or on the recommendation of, an appointing authority;

“public body or public office” means any body or office that is listed in Schedule 1 or, as the case may be, Schedule 2.

(3) The appointment of a person who is to be an employee of a public body or public office is not a public appointment for the purposes of this Order except so far as specified in Schedule 2. In this paragraph, “employee” has the same meaning as in section 230(1) of the Employment Rights Act 1996(b).

(4) Where a provisional appointment is to be made before a public body or public 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.

Governance Code

3.—(1) The Minister for the Cabinet Office must prepare, publish and keep under review a Governance Code which sets out—

(a) the principles of public appointments, and

(b) guidance on the practices to be followed in relation to making public appointments.

(2) Before publishing the Governance Code, including the principles of public appointments, and any amendments to them, the Minister for the Cabinet Office must consult the Commissioner and the First Minister for Wales.

Functions of the Commissioner

4.—(1) The Commissioner must exercise his or her functions under this Order with the object of ensuring that appointing authorities act in accordance with the Governance Code, including the principles of public appointments.

(2) The Commissioner must, in the manner the Commissioner thinks fit, carry out an audit of the procedures and practices followed by appointing authorities in making public appointments, including the interpretation and application by them of the Governance Code including the principles of public appointments.

(3) The Commissioner may conduct an investigation into any aspect of public appointments with the object of improving their quality.

(4) The Commissioner may conduct an inquiry into the procedures and practices followed by an appointing authority in relation to any public appointment whether in response to a complaint or otherwise.

(5) The Commissioner may require appointing authorities to publish specified summary information relating to public appointments.

(6) For the purposes of this article, appointing authorities must provide the Commissioner with any information the Commissioner reasonably requires.

Additional functions

5. The Commissioner may, at the request of a Minister of the Crown, carry out such additional functions as may be agreed between the Minister and the Commissioner.

Commissioner’s annual report

6. The Commissioner must publish an annual report on public appointments which must include—

(a) information arising from the audit carried out under article 4(2), including information about non-compliance; and

(b) an account of any inquiry into the public appointment procedures and practices of appointing authorities.

Exercise of the Commissioner’s functions, powers and duties

7.—(1) The Commissioner may delegate functions, powers and duties to—

(a) an officer of the Commissioner; or

(b) for the purposes of the functions carried out under article 4(2) or additional functions carried out under article 5, any other person.

(2) A delegation does not prevent the Commissioner from doing anything personally.

(3) A delegation does not prevent the Commissioner’s functions, powers and duties from remaining the responsibility of the Commissioner.

Richard Tilbrook

SCHEDULE 1 Article 2(2)

Bodies and Offices Regulated by the Commissioner for Public Appointments

Attorney General’s Office

Her Majesty’s Crown Prosecution Service Inspectorate

Department for Business, Energy and Industrial Strategy

Advisory, Conciliation and Arbitration Service

British Business Bank, Chair only

British Hallmarking Council

Central Arbitration Committee

Certification Officer

Civil Nuclear Police Authority

Coal Authority

Committee on Climate Change

Committee on Fuel Poverty

Committee on Radioactive Waste Management

Competition and Markets Authority Board

Competition Appeal Tribunal

Competition Service

Electricity Settlements Company Ltd, Chair and Senior Independent Director only

Financial Reporting Council

Gas and Electricity Markets Authority

Groceries Code Adjudicator

Labour Market Enforcement Director

Land Registry

Low Carbon Contracts Company Ltd, Chair and Senior Independent Director Only

Low Pay Commission

National Nuclear Laboratory

National Physical Laboratory (NPL) Management Ltd, Chair only

Nuclear Decommissioning Authority

Nuclear Liabilities Fund

Oil and Gas Authority, Chair only

Ordnance Survey, Chair only

Post Office Ltd, Chair only

Pubs Code Adjudicator and Deputy Pubs Code Adjudicator

Regulatory Policy Committee

Small Business Commissioner

UK Atomic Energy Authority

UK Research and Innovation

Cabinet Office

Advisory Committee on Business Appointments, excluding political members

Boundary Commission for England

Boundary Commission for Wales

Civil Service Pensions Board

Committee on Standards in Public Life, excluding political appointments

Equality and Human Rights Commission

House of Lords Appointment Commission, excluding political members

Office of the Registrar of Consultant Lobbyists

Security Vetting Appeals Panel

Senior Salaries Review Body

UK Statistics Authority Board

Department for Digital, Culture, Media and Sport

The Advisory Council on National Records and Archives

Arts Council England

Big Lottery Fund (The National Lottery Community Fund)

Birmingham Organising Committee for the 2022 Commonwealth Games Ltd

British Broadcasting Corporation

British Film Institute

British Library

British Museum

Charity Commission for England and Wales

Gambling Commission

Geffrye Museum

Historic Buildings and Monuments Commission for England

Historic Royal Palaces

Horniman Public Museum and Public Park Trust

Horserace Betting Levy Board

Imperial War Museum

Information Commissioner

National Citizen Service Trust

National Gallery

National Heritage Memorial Fund/Heritage Lottery Fund (The National Lottery Heritage Fund)

National Museums Liverpool

National Portrait Gallery

Natural History Museum

Office of Communications (OFCOM)

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

Royal Armouries

Royal Museums Greenwich

Science Museum Group

Sianel Pedwar Cymru (S4C)

Sport England

Sports Grounds Safety Authority

Tate

The Royal Parks

Theatres Trust

Treasure Valuation Committee

UK Sport

United Kingdom Anti-Doping Ltd

Victoria and Albert Museum

VisitBritain

VisitEngland

Wallace Collection

Department for Education

Adoption and Special Guardianship Leadership Board, Chair only

Child Safeguarding Practice Review Panel

Children’s Commissioner for England

Construction Industry Training Board

Engineering Construction Industry Training Board

Film Industry Training Board

Further Education Commissioner’s Office, Further Education Commissioner and Deputy Further Education Commissioner only

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

Independent Assessors for Student Finance, Appeals and Complaints

Institute for Apprenticeships and Technical Education

LocatEd

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

Office for Students

Office of Qualifications and Examinations Regulation (Ofqual)

Residential Care Leadership Board, Chair only

School Teachers’ Review Body

Social Mobility Commission

Social Work England

Student Loans Company Ltd

Department for Environment, Food and Rural Affairs

Advisory Committee on Releases to the Environment

Agriculture and Horticulture Development Board

British Wool Marketing Board

Broads Authority

Conservation Board for the Chilterns Area of Outstanding Natural Beauty, with the exception of parish members

Conservation Board for the Cotswolds Area of Outstanding Natural Beauty, with the exception of parish members

Consumer Council for Water

Covent Garden Market Authority

Environment Agency

Forestry Commission

Joint Nature Conservation Committee

Marine Management Organisation

National Park Authorities, with the exception of parish members

Natural England

Regional Flood and Coastal Committees, Chair only

Royal Botanic Gardens, Kew

Science Advisory Council

Sea Fish Industry Authority

Water Services Regulation Authority (OFWAT)

Department for International Development

CDC Group Plc

Commonwealth Scholarship Commission

Independent Commission for Aid Impact

Department for Transport

British Transport Police Authority

Civil Aviation Authority

Disabled Persons Transport Advisory Committee

Dover Harbour Board, Chair only

East West Rail Company

Harwich Haven Authority, Chair only

Highways England, Chair only

HS2 Ltd

Independent Commission on Civil Aviation Noise

London and Continental Railways Ltd

Milford Haven Port Authority, Chair only

Network Rail, Chair only

Office of Rail and Road

Port of London Authority, Chair only

Port of Tyne Authority, Chair only

Traffic Commissioners

Transport Focus

Department for Work and Pensions

BPDTS Ltd

Health and Safety Executive

Industrial Injuries Advisory Council

Money and Pensions Service

National Employment Savings Trust

Office for Nuclear Regulation

Pension Protection Fund, Chair only

Pension Protection Fund Ombudsman

Pensions Ombudsman

Pensions Regulator

Social Security Advisory Committee

Department of Health and Social Care

Advisory Committee on Clinical Excellence Awards, Chair and Medical Director only

Advisory Committee on Resource Allocation, Chair only

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 (NHS Digital)

Health Education England

Health Research Authority

Human Fertilisation and Embryology Authority

Human Tissue Authority

Independent Reconfiguration Panel

Monitor (part of the operating body known as NHS Improvement)

National Data Guardian

National Institute for Health and Care Excellence

NHS Blood and Transplant

NHS Business Services Authority

NHS Commissioning Board (NHS England)

NHS Counter Fraud Authority

NHS Litigation Authority (NHS Resolution)

NHS Pay Review Body

NHS Trust Development Authority (part of the operating body known as NHS Improvement)

NHS Trusts

Office for Strategic Coordination of Health Research, Chair only

Review Body on Doctors’ and Dentists’ Remuneration

Export Credits Guarantee Department (UK Export Finance)

Export Guarantee Advisory Council

Foreign and Commonwealth Office

Great Britain-China Centre

Marshall Aid Commemoration Commission

Westminster Foundation for Democracy

HM Treasury

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

Crown Estate Commissioners

Financial Conduct Authority

National Savings and Investments

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

UK Government Investments

Home Office

Advisory Council on the Misuse of Drugs

Animals in Science Committee

Appointed Person under the Proceeds of Crime Act 2002

Biometric and Forensics Ethics Group

College of Policing Board of Directors

Commissioner for the Retention and Use of Biometric Material

Disclosure and Barring Service

Forensic Science Regulator

Gangmasters and Labour Abuse Authority

Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services

Independent Anti-Slavery Commissioner

Independent Chief Inspector of Borders and Immigration

Independent Family Returns Panel

Independent Monitor of the Disclosure and Barring Service

Independent Office for Police Conduct

Independent Reviewer of Terrorism Legislation

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

Migration Advisory Committee

National Crime Agency Remuneration Review Body

Office of the Immigration Services Commissioner

Police Advisory Board for England and Wales

Police Remuneration Review Body

Security Industry Authority

Surveillance Camera Commissioner

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

Ministry of Defence

Armed Forces Pay Review Body

Defence Nuclear Safety Committee

Independent Medical Expert Group

Independent Monitoring Board for the Military Corrective Training Centre

Nuclear Research Advisory Council

Oil and Pipelines Agency

Royal Air Force Museum

Science Advisory Committee on the Medical Implications of Less-Lethal Weapons

Service Complaints Ombudsman

Single Source Regulations Office

Veterans Advisory and Pensions Committees

Ministry of Housing, Communities and Local Government

Architects Registration Board

Building Regulation Advisory Committee

Commission for Local Administration in England (Local Government and Social Care Ombudsman)

Ebbsfleet Development Corporation

Homes England

Leasehold Advisory Service (LEASE)

Regulator of Social Housing

The Housing Ombudsman

Valuation Tribunal Service

Ministry of Justice

Advisory Committees on Justices of the Peace

Advisory Council on Conscientious Objectors

Chair of the National Council of Prisoner Escort and Custody Services Lay Observers

Children and Family Court Advisory and Support Service

Civil Justice Council

Civil Procedure Rule Committee

Commissioner for Victims and Witnesses (Victims’ Commissioner)

Court Examiners

Court of Protection Visitors

Criminal Cases Review Commission

Criminal Procedure Rule Committee

Family Procedure Rule Committee

Her Majesty’s Chief Inspector of Prisons

Her Majesty’s Chief Inspector of Probation

Independent Advisory Panel on Deaths in Custody

Independent Monitoring Board of any prison or young offender institution

Insolvency Rules Committee

Judicial Appointments and Conduct Ombudsman

Judicial Appointments Commission

Judicial Pension Board, independent Chair and independent members only

Law Commission, with the exception of the Chair

Legal Services Board

Multi-Agency Public Protection Arrangements Lay Advisers

National Chair of the Independent Monitoring Boards

National Mental Capacity Forum, Chair only

Non-Judicial Members of Disciplinary Panels of the Judicial Conduct Investigations Office

Parole Board, with the exception of judicial members

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

Prisoner Escort and Custody Services Lay Observers

Prisons and Probation Ombudsman

Prison Service Pay Review Body

Sentencing Council for England and Wales

Tribunal Procedure Committee

Youth Justice Board for England and Wales

Northern Ireland Office

Boundary Commission for Northern Ireland

Chief Electoral Officer 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 to the Welsh Language Commissioner

Agricultural Advisory Panel for Wales

All Wales Medicines Strategy Group

All Wales Programme Monitoring Committee for the European Structural Funds

Amgueddfa Cymru - National Museum of Wales

Aneurin Bevan Community Health Council

Aneurin Bevan University Local Health Board

Animal Health and Welfare Framework Group

Arts Council of Wales

Betsi Cadwaladr Community Health Council

Betsi Cadwaladr University Health Board

Board of Community Health Councils

Brecon Beacons National Park Authority

Cardiff & Vale Community Health Council

Cardiff & Vale University Health Board

Career Choices Dewis Gyrfa

Children’s Commissioner for Wales

Commissioner for Older People in Wales

Cwm Taf Morgannwg Community Health Council

Cwm Taf Morgannwg University Local Health Board

Design Commission for Wales

Education & Skills Ministerial Advisory Group

Education Workforce Council

Future Generations Commissioner

Health Education Improvement Wales

Higher Education Funding Council for Wales

Hybu Cig Cymru

Hywel Dda Community Health Council

Hywel Dda University Health Board

Independent Remuneration Panel for Wales

Industry Wales

Life Sciences Hub Wales Board

Local Government Boundary Commission for Wales

National Academy for Educational Leadership

National Adviser for Violence against Women and other forms of Gender-based Violence, Domestic Abuse and Sexual Violence

National Library of Wales

Natural Resources Wales

Pembrokeshire Coast National Park Authority

Powys Community Health Council

Powys Teaching Health Board

Public Health Wales NHS Trust

Qualifications Wales

Regulatory Board for Wales

Royal Commission on the Ancient and Historical Monuments of Wales

Snowdonia National Park Authority

Social Care Wales

Sports Council for Wales

Swansea Bay Community Health Council

Swansea Bay University Local Health Board

Velindre National Health Services Trust

Welsh Ambulance Services National Health Service Trust

Welsh Industrial Development Advisory Board

Welsh Language Commissioner

Welsh Revenue Authority

SCHEDULE 2 Article 2(3)

Specified Employee posts which are to be Public Appointments

Arts and Humanities Research Council, Executive Chair only

Biotechnology and Biological Sciences Research Council, Executive Chair only

Economic and Social Research Council, Executive Chair only

Engineering and Physical Sciences Research Council, Executive Chair only

Innovate UK, Executive Chair only

Medical Research Council, Executive Chair only

Natural Environment Research Council, Executive Chair only

Research England, Executive Chair only

Science and Technology Facilities Council, Executive Chair only

EXPLANATORY NOTE

(This note is not part of the Order)

This Order replaces the Public Appointments Order in Council 2019 (“the 2019 Order”). It sets out the duties and powers of the Commissioner for Public Appointments (“the Commissioner”). This Order largely restates the provisions of the 2019 Order.

The principal provisions of the Order are:

Article 2, which makes interpretative provision. Amongst other things, it defines “public appointment” for the purposes of this Order. The appointment to a body or office listed in Schedule 1 will not be a public appointment where that person will be an employee of that body or office. However, the appointment of a person to a post listed in Schedule 2 will be a “public appointment” within the Commissioner’s remit.

Article 3, which requires the Minister for the Cabinet Office to maintain a Governance Code setting out the principles, and guidance on the making, of public appointments and to consult before amending that Code.

Article 4, which sets out the functions of the Commissioner.

Article 5, which enables the Commissioner to undertake additional functions relating to appointments at the request of a Minister of the Crown.

Article 6, which requires the Commissioner to publish an annual report.

Article 7, which allows the delegation of any power of the Commissioner to any officer of the Commissioner. The Commissioner may also authorise any person to perform the functions of auditing selection practices and policies or any additional functions relating to appointments at the request of a Minister of the Crown under Article 5.

(a) 1978 c. 30; the interpretative provisions of this Act have been amended extensively but there are no amendments to section 16.

(a) See the Order in Council dated 19th April 2016, which appoints Peter Riddell as Commissioner.

(b) 1996 c. 18.