Proclamations
At the Court at Buckingham Palace THE 12th DAY OF JUNE 2014 PRESENT, THE QUEEN’S MOST EXCELLENT MAJESTY IN COUNCIL SCHEDULE EXPLANATORY NOTE (This note is not part of the Order)
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
(This note is not part of the Order)
This Order replaces the Public Appointments Order in Council 2013. It sets out the duties and powers of the Commissioner for Public Appointments (“the Commissioner”).
The principal provisions of the Order are:
Article 3, which sets out the functions of the Commissioner, and provides for the issue of a code of practice on the interpretation and application of the principle of selection on merit and for the audit of selection policies and practices. Article 3(7) requires appointing authorities to provide the Commissioner with information required by him in relation to an audit or an inquiry.
Article 4, which enables the Commissioner to undertake additional functions relating to appointments at the request of a Minister of the Crown.
Article 5, which requires the Commissioner to publish an annual report.
Article 6, 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 4.
The Schedule lists the public bodies and public offices, appointments to which are public appointments for the purposes of the Order.
The following table shows the bodies that were listed in Schedule 2 to the 2013 Order, but which do not appear in the Schedule to this Order.
Department for Business, Innovation and Skills |
British Nuclear Fuels plc Competition Commission, with the exception of the secretary to the Commission National Consumer Council (known as Consumer Focus) Office of Fair Trading, with the exception of the Chief Executive Royal Mail Holdings plc |
Department for Communities and Local Government | West Northamptonshire Development Corporation |
Department for Culture, Media and Sport |
Olympic Lottery Distributor Registrar of Public Lending Right |
Department for Environment, Food and Rural Affairs |
Agricultural Dwelling House Advisory Committees Agricultural Wages Board for England and Wales Agricultural Wages Committee for England Committee on Agricultural Valuation Internal Drainage Boards |
Department for Work and Pensions | Equality 2025 |
Home Office | Serious Organised Crime Agency, with the exception of the Director General |
Ministry of Defence | Advisory Group on Military Medicines |
( a ) 1978 c.30.