Date | Change | Text |
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06 November 1995 | Made | 121B Select Committees / Parliamentary Commissioner for Standards There shall be an officer of this House, called the Parliamentary Commissioner for Standards, who shall be appointed by the House. The principal duties of the Commissioner shall be- (a) to maintain the Register of Members' Interests and any other registers of interest established by the House, and to make such arrangements for the compilation, maintenance and accessibility of those registers as are approved by the Committee on Standards and Privileges or an appropriate sub-committee thereof; (b) to provide advice confidentially to Members and other persons or bodies subject to registration on matters relating to the registration of individual interests; (c) to advise the Committee on Standards and Privileges, its sub-committees and individual Members on the interpretation of any code of conduct to which the House has agreed and on questions of propriety; (d) to monitor the operation of such code and registers, and to make recommendations thereon to the Committee on Standards and Privileges or an appropriate sub-committee thereof; and (e) to receive and, if he thinks fit, investigate specific complaints from Members and from members of the public in respect of- (i) the registration or declaration of interests, or (ii) other aspects of the propriety of a Member's conduct, and to report to the Committee on Standards and Privileges or to an appropriate sub-committee thereof. The Commissioner may be dismissed by resolution of the House. |
26 June 2003 | Amended | 150 Select Committees / Parliamentary Commissioner for Standards There shall be an officer of this House, called the Parliamentary Commissioner for Standards, who shall be appointed by the House. The principal duties of the Commissioner shall be- (a) to maintain the Register of Members' Interests and any other registers of interest established by the House, and to make such arrangements for the compilation, maintenance and accessibility of those registers as are approved by the Committee on Standards and Privileges or an appropriate sub-committee thereof; (b) to provide advice confidentially to Members and other persons or bodies subject to registration on matters relating to the registration of individual interests; (c) to advise the Committee on Standards and Privileges, its sub-committees and individual Members on the interpretation of any code of conduct to which the House has agreed and on questions of propriety; (d) to monitor the operation of such code and registers, and to make recommendations thereon to the Committee on Standards and Privileges or an appropriate sub-committee thereof; and (e) to receive and, if he thinks fit, investigate specific complaints from Members and from members of the public in respect of- (i) the registration or declaration of interests, or (ii) other aspects of the propriety of a Member's conduct, and to report to the Committee on Standards and Privileges or to an appropriate sub-committee thereof unless the provisions of paragraph (3) apply. No report shall be made by the Commissioner if, in any case where the Member concerned has agreed that he has failed to register or declare an interest, it is the Commissioner's opinion that the interest involved is minor, or the failure was inadvertent, and the Member concerned has taken such action by way of rectification as the Commissioner may have required within any procedure approved by the Committee for this purpose. The Commissioner may at any time in the course of investigating a complaint, and if so requested by the Committee on Standards and Privileges shall, appoint an Investigatory Panel to assist him in establishing the facts relevant to the investigation. An Investigatory Panel shall- (a) consist of the Commissioner, who shall be Chairman of the Panel, and two assessors, one of whom shall be a legally qualified person appointed by the Commissioner and the other shall be a Member, who shall not be a member of the Committee on Standards and Privileges, appointed by the Speaker; and (b) meet in private. The Commissioner- (a) shall determine the procedures of the Panel, subject to the provisions of this Order; and (b) may appoint counsel for the purpose of assisting the Panel. Any report that the Commissioner may have made to the Committee on Standards and Privileges in relation to the complaint before the appointment of the Panel shall be made available to the Panel by the Committee. Any Member who is the subject of the complaint under investigation shall, if he so requests, be heard by the Panel; may call witnesses; and may examine other witnesses. When the Panel has completed its proceedings- (a) the Commissioner shall report as in paragraph (2)(e); (b) the legal assessor shall report to the Committee on Standards and Privileges his opinion as to the extent to which its proceedings have been consistent with the principles of natural justice; and (c) the Member assessor may report to the Committee on Standards and Privileges his opinion as to the extent to which its proceedings have had regard to the customs and practice of the House and its Members. The Commissioner shall report each year to the House on the exercise by him of his functions. The Commissioner may be dismissed only following a resolution of the House, moved for by a Member of the House of Commons Commission, after the Committee on Standards and Privileges has reported to the House that it is satisfied that the Commissioner is unfit to hold his office or unable to carry out his functions; and any such report shall include a statement of the Committee's reasons for its conclusion. |
13 July 2005 | Amended | 150 Select Committees / Parliamentary Commissioner for Standards There shall be an officer of this House, called the Parliamentary Commissioner for Standards, who shall be appointed by the House. The principal duties of the Commissioner shall be- (a) to maintain the Register of Members' Interests and any other registers of interest established by the House, and to make such arrangements for the compilation, maintenance and accessibility of those registers as are approved by the Committee on Standards and Privileges or an appropriate sub-committee thereof; (b) to provide advice confidentially to Members and other persons or bodies subject to registration on matters relating to the registration of individual interests; (c) to advise the Committee on Standards and Privileges, its sub-committees and individual Members on the interpretation of any code of conduct to which the House has agreed and on questions of propriety; (d) to monitor the operation of such code and registers, and to make recommendations thereon to the Committee on Standards and Privileges or an appropriate sub-committee thereof; and (e) to receive and, if he thinks fit, investigate specific complaints from Members and from members of the public in respect of- (i) the registration or declaration of interests, or (ii) other aspects of the propriety of a Member's conduct, and to report to the Committee on Standards and Privileges or to an appropriate sub-committee thereof unless the provisions of paragraph (3) apply. No report shall be made by the Commissioner: (a) in any case where the Member concerned has agreed that he has failed to register or declare an interest, if it is the Commissioner's opinion that the interest involved is minor, or the failure was inadvertent, and the Member concerned has taken such action by way of rectification as the Commissioner may have required within any procedure approved by the Committee for this purpose; and (b) in any case involving parliamentary allowances, or the use of facilities or services, if the Commissioner has with the agreement of the Member concerned referred the matter to the relevant Officer of the House for the purpose of securing appropriate financial reimbursement, and the Member has made such reimbursement within such period of time as the Commissioner considers reasonable. The Commissioner may at any time in the course of investigating a complaint, and if so requested by the Committee on Standards and Privileges shall, appoint an Investigatory Panel to assist him in establishing the facts relevant to the investigation. An Investigatory Panel shall- (a) consist of the Commissioner, who shall be Chairman of the Panel, and two assessors, one of whom shall be a legally qualified person appointed by the Commissioner and the other shall be a Member, who shall not be a member of the Committee on Standards and Privileges, appointed by the Speaker; and (b) meet in private. The Commissioner- (a) shall determine the procedures of the Panel, subject to the provisions of this Order; and (b) may appoint counsel for the purpose of assisting the Panel. Any report that the Commissioner may have made to the Committee on Standards and Privileges in relation to the complaint before the appointment of the Panel shall be made available to the Panel by the Committee. Any Member who is the subject of the complaint under investigation shall, if he so requests, be heard by the Panel; may call witnesses; and may examine other witnesses. When the Panel has completed its proceedings- (a) the Commissioner shall report as in paragraph (2)(e); (b) the legal assessor shall report to the Committee on Standards and Privileges his opinion as to the extent to which its proceedings have been consistent with the principles of natural justice; and (c) the Member assessor may report to the Committee on Standards and Privileges his opinion as to the extent to which its proceedings have had regard to the customs and practice of the House and its Members. The Commissioner shall report each year to the House on the exercise by him of his functions. The Commissioner may be dismissed only following a resolution of the House, moved for by a Member of the House of Commons Commission, after the Committee on Standards and Privileges has reported to the House that it is satisfied that the Commissioner is unfit to hold his office or unable to carry out his functions; and any such report shall include a statement of the Committee's reasons for its conclusion. |
27 June 2006 | Amended | 150 Select Committees / Parliamentary Commissioner for Standards There shall be an Officer of this House, called the Parliamentary Commissioner for Standards, who shall be appointed by the House. The principal duties of the Commissioner shall be- (a) to maintain the Register of Members' Interests and any other registers of interest established by the House, and to make such arrangements for the compilation, maintenance and accessibility of those registers as are approved by the Committee on Standards and Privileges or an appropriate sub-committee thereof; (b) to provide advice confidentially to Members and other persons or bodies subject to registration on matters relating to the registration of individual interests; (c) to advise the Committee on Standards and Privileges, its sub-committees and individual Members on the interpretation of any code of conduct to which the House has agreed and on questions of propriety; (d) to monitor the operation of such code and registers, and to make recommendations thereon to the Committee on Standards and Privileges or an appropriate sub-committee thereof; and (e) to receive and, if he thinks fit, investigate specific complaints from Members and from members of the public in respect of- (i) the registration or declaration of interests, or (ii) other aspects of the propriety of a Member's conduct, and to report to the Committee on Standards and Privileges or to an appropriate sub-committee thereof unless the provisions of paragraph (3) apply. No report shall be made by the Commissioner: (a) in any case where the Member concerned has agreed that he has failed to register or declare an interest, if it is the Commissioner's opinion that the interest involved is minor, or the failure was inadvertent, and the Member concerned has taken such action by way of rectification as the Commissioner may have required within any procedure approved by the Committee for this purpose; and (b) in any case involving parliamentary allowances, or the use of facilities or services, if the Commissioner has with the agreement of the Member concerned referred the matter to the relevant Officer of the House for the purpose of securing appropriate financial reimbursement, and the Member has made such reimbursement within such period of time as the Commissioner considers reasonable. The Commissioner may at any time in the course of investigating a complaint, and if so requested by the Committee on Standards and Privileges shall, appoint an Investigatory Panel to assist him in establishing the facts relevant to the investigation. An Investigatory Panel shall- (a) consist of the Commissioner, who shall be Chairman of the Panel, and two assessors, one of whom shall be a legally qualified person appointed by the Commissioner and the other shall be a Member, who shall not be a member of the Committee on Standards and Privileges, appointed by the Speaker; and (b) meet in private. The Commissioner- (a) shall determine the procedures of the Panel, subject to the provisions of this Order; and (b) may appoint counsel for the purpose of assisting the Panel. Any report that the Commissioner may have made to the Committee on Standards and Privileges in relation to the complaint before the appointment of the Panel shall be made available to the Panel by the Committee. Any Member who is the subject of the complaint under investigation shall, if he so requests, be heard by the Panel; may call witnesses; and may examine other witnesses. When the Panel has completed its proceedings- (a) the Commissioner shall report as in paragraph (2)(e); (b) the legal assessor shall report to the Committee on Standards and Privileges his opinion as to the extent to which its proceedings have been consistent with the principles of natural justice; and (c) the Member assessor may report to the Committee on Standards and Privileges his opinion as to the extent to which its proceedings have had regard to the customs and practice of the House and its Members. The Commissioner shall report each year to the House on the exercise by him of his functions. The Commissioner may be dismissed only following a resolution of the House, moved for by a Member of the House of Commons Commission, after the Committee on Standards and Privileges has reported to the House that it is satisfied that the Commissioner is unfit to hold his office or unable to carry out his functions; and any such report shall include a statement of the Committee's reasons for its conclusion. |
28 March 2007 | Amended | 150 Select Committees / Parliamentary Commissioner for Standards There shall be an Officer of this House, called the Parliamentary Commissioner for Standards, who shall be appointed by the House. The principal duties of the Commissioner shall be- (a) to maintain the Register of Members' Interests and any other registers of interest established by the House, and to make such arrangements for the compilation, maintenance and accessibility of those registers as are approved by the Committee on Standards and Privileges or an appropriate sub-committee thereof; (b) to provide advice confidentially to Members and other persons or bodies subject to registration on matters relating to the registration of individual interests; (c) to advise the Committee on Standards and Privileges, its sub-committees and individual Members on the interpretation of any code of conduct to which the House has agreed and on questions of propriety; (d) to monitor the operation of such code and registers, and to make recommendations thereon to the Committee on Standards and Privileges or an appropriate sub-committee thereof; and (e) to receive and, if he thinks fit, investigate specific complaints from Members and from members of the public in respect of- (i) the registration or declaration of interests, or (ii) other aspects of the propriety of a Member's conduct, and to report to the Committee on Standards and Privileges or to an appropriate sub-committee thereof unless the provisions of paragraph (3) apply. No report shall be made by the Commissioner- (a) in any case where the Member concerned has agreed that he has failed to register or declare an interest, if it is the Commissioner's opinion that the interest involved is minor, or the failure was inadvertent, and the Member concerned has taken such action by way of rectification as the Commissioner may have required within any procedure approved by the Committee for this purpose; and (b) in any case involving parliamentary allowances, or the use of facilities or services, if the Commissioner has with the agreement of the Member concerned referred the matter to the relevant Officer of the House for the purpose of securing appropriate financial reimbursement, and the Member has made such reimbursement within such period of time as the Commissioner considers reasonable. The Commissioner may at any time in the course of investigating a complaint, and if so requested by the Committee on Standards and Privileges shall, appoint an Investigatory Panel to assist him in establishing the facts relevant to the investigation. An Investigatory Panel shall- (a) consist of the Commissioner, who shall be Chairman of the Panel, and two assessors, one of whom shall be a legally qualified person appointed by the Commissioner and the other shall be a Member, who shall not be a member of the Committee on Standards and Privileges, appointed by the Speaker; and (b) meet in private. The Commissioner- (a) shall determine the procedures of the Panel, subject to the provisions of this order; and (b) may appoint counsel for the purpose of assisting the Panel. Any report that the Commissioner may have made to the Committee on Standards and Privileges in relation to the complaint before the appointment of the Panel shall be made available to the Panel by the Committee. Any Member who is the subject of the complaint under investigation shall, if he so requests, be heard by the Panel; may call witnesses; and may examine other witnesses. When the Panel has completed its proceedings- (a) the Commissioner shall report as in paragraph (2)(e); (b) the legal assessor shall report to the Committee on Standards and Privileges his opinion as to the extent to which its proceedings have been consistent with the principles of natural justice; and (c) the Member assessor may report to the Committee on Standards and Privileges his opinion as to the extent to which its proceedings have had regard to the customs and practice of the House and its Members. The Commissioner shall report each year to the House on the exercise by him of his functions. The Commissioner may be dismissed only following a resolution of the House, moved for by a Member of the House of Commons Commission, after the Committee on Standards and Privileges has reported to the House that it is satisfied that the Commissioner is unfit to hold his office or unable to carry out his functions; and any such report shall include a statement of the Committee's reasons for its conclusion. |
09 February 2009 | Amended | 150 Select Committees / Parliamentary Commissioner for Standards There shall be an Officer of this House, called the Parliamentary Commissioner for Standards, who shall be appointed by the House. The principal duties of the Commissioner shall be- (a) to maintain the Register of Members' Financial Interests and any other registers of interest established by the House, and to make such arrangements for the compilation, maintenance and accessibility of those registers as are approved by the Committee on Standards and Privileges or an appropriate sub-committee thereof; (b) to provide advice confidentially to Members and other persons or bodies subject to registration on matters relating to the registration of individual interests; (c) to advise the Committee on Standards and Privileges, its sub-committees and individual Members on the interpretation of any code of conduct to which the House has agreed and on questions of propriety; (d) to monitor the operation of such code and registers, and to make recommendations thereon to the Committee on Standards and Privileges or an appropriate sub-committee thereof; and (e) to receive and, if he thinks fit, investigate specific complaints from Members and from members of the public in respect of- (i) the registration or declaration of interests, or (ii) other aspects of the propriety of a Member's conduct, and to report to the Committee on Standards and Privileges or to an appropriate sub-committee thereof unless the provisions of paragraph (3) apply. No report shall be made by the Commissioner- (a) in any case where the Member concerned has agreed that he has failed to register or declare an interest, if it is the Commissioner's opinion that the interest involved is minor, or the failure was inadvertent, and the Member concerned has taken such action by way of rectification as the Commissioner may have required within any procedure approved by the Committee for this purpose; and (b) in any case involving parliamentary allowances, or the use of facilities or services, if the Commissioner has with the agreement of the Member concerned referred the matter to the relevant Officer of the House for the purpose of securing appropriate financial reimbursement, and the Member has made such reimbursement within such period of time as the Commissioner considers reasonable. The Commissioner may at any time in the course of investigating a complaint, and if so requested by the Committee on Standards and Privileges shall, appoint an Investigatory Panel to assist him in establishing the facts relevant to the investigation. An Investigatory Panel shall- (a) consist of the Commissioner, who shall be Chairman of the Panel, and two assessors, one of whom shall be a legally qualified person appointed by the Commissioner and the other shall be a Member, who shall not be a member of the Committee on Standards and Privileges, appointed by the Speaker; and (b) meet in private. The Commissioner- (a) shall determine the procedures of the Panel, subject to the provisions of this order; and (b) may appoint counsel for the purpose of assisting the Panel. Any report that the Commissioner may have made to the Committee on Standards and Privileges in relation to the complaint before the appointment of the Panel shall be made available to the Panel by the Committee. Any Member who is the subject of the complaint under investigation shall, if he so requests, be heard by the Panel; may call witnesses; and may examine other witnesses. When the Panel has completed its proceedings- (a) the Commissioner shall report as in paragraph (2)(e); (b) the legal assessor shall report to the Committee on Standards and Privileges his opinion as to the extent to which its proceedings have been consistent with the principles of natural justice; and (c) the Member assessor may report to the Committee on Standards and Privileges his opinion as to the extent to which its proceedings have had regard to the customs and practice of the House and its Members. The Commissioner shall report each year to the House on the exercise by him of his functions. The Commissioner may be dismissed only following a resolution of the House, moved for by a Member of the House of Commons Commission, after the Committee on Standards and Privileges has reported to the House that it is satisfied that the Commissioner is unfit to hold his office or unable to carry out his functions; and any such report shall include a statement of the Committee's reasons for its conclusion. |
04 March 2010 | Amended | 150 Nomination of Select Committees / Parliamentary Commissioner for Standards There shall be an Officer of this House, called the Parliamentary Commissioner for Standards, who shall be appointed by the House. The principal duties of the Commissioner shall be- (a) to maintain the Register of Members' Financial Interests and any other registers of interest established by the House, and to make such arrangements for the compilation, maintenance and accessibility of those registers as are approved by the Committee on Standards and Privileges or an appropriate sub-committee thereof; (b) to provide advice confidentially to Members and other persons or bodies subject to registration on matters relating to the registration of individual interests; (c) to advise the Committee on Standards and Privileges, its sub-committees and individual Members on the interpretation of any code of conduct to which the House has agreed and on questions of propriety; (d) to monitor the operation of such code and registers, and to make recommendations thereon to the Committee on Standards and Privileges or an appropriate sub-committee thereof; and (e) to receive and, if he thinks fit, investigate specific complaints from Members and from members of the public in respect of- (i) the registration or declaration of interests, or (ii) other aspects of the propriety of a Member's conduct, and to report to the Committee on Standards and Privileges or to an appropriate sub-committee thereof unless the provisions of paragraph (3) apply. No report shall be made by the Commissioner- (a) in any case where the Member concerned has agreed that he has failed to register or declare an interest, if it is the Commissioner's opinion that the interest involved is minor, or the failure was inadvertent, and the Member concerned has taken such action by way of rectification as the Commissioner may have required within any procedure approved by the Committee for this purpose; and (b) in any case involving parliamentary allowances, or the use of facilities or services, if the Commissioner has with the agreement of the Member concerned referred the matter to the relevant Officer of the House for the purpose of securing appropriate financial reimbursement, and the Member has made such reimbursement within such period of time as the Commissioner considers reasonable. The Commissioner may at any time in the course of investigating a complaint, and if so requested by the Committee on Standards and Privileges shall, appoint an Investigatory Panel to assist him in establishing the facts relevant to the investigation. An Investigatory Panel shall- (a) consist of the Commissioner, who shall be Chair of the Panel, and two assessors, one of whom shall be a legally qualified person appointed by the Commissioner and the other shall be a Member, who shall not be a member of the Committee on Standards and Privileges, appointed by the Speaker; and (b) meet in private. The Commissioner- (a) shall determine the procedures of the Panel, subject to the provisions of this order; and (b) may appoint counsel for the purpose of assisting the Panel. Any report that the Commissioner may have made to the Committee on Standards and Privileges in relation to the complaint before the appointment of the Panel shall be made available to the Panel by the Committee. Any Member who is the subject of the complaint under investigation shall, if he so requests, be heard by the Panel; may call witnesses; and may examine other witnesses. When the Panel has completed its proceedings- (a) the Commissioner shall report as in paragraph (2)(e); (b) the legal assessor shall report to the Committee on Standards and Privileges his opinion as to the extent to which its proceedings have been consistent with the principles of natural justice; and (c) the Member assessor may report to the Committee on Standards and Privileges his opinion as to the extent to which its proceedings have had regard to the customs and practice of the House and its Members. The Commissioner shall report each year to the House on the exercise by him of his functions. The Commissioner may be dismissed only following a resolution of the House, moved for by a Member of the House of Commons Commission, after the Committee on Standards and Privileges has reported to the House that it is satisfied that the Commissioner is unfit to hold his office or unable to carry out his functions; and any such report shall include a statement of the Committee's reasons for its conclusion. |
02 December 2010 | Amended | 150 Nomination of Select Committees / Parliamentary Commissioner for Standards There shall be an Officer of this House, called the Parliamentary Commissioner for Standards, who shall be appointed by the House. The principal duties of the Commissioner shall be- (a) to maintain the Register of Members' Financial Interests and any other registers of interest established by the House, and to make such arrangements for the compilation, maintenance and accessibility of those registers as are approved by the Committee on Standards and Privileges or an appropriate sub-committee thereof; (b) to provide advice confidentially to Members and other persons or bodies subject to registration on matters relating to the registration of individual interests; (c) to advise the Committee on Standards and Privileges, its sub-committees and individual Members on the interpretation of any code of conduct to which the House has agreed and on questions of propriety; (d) to monitor the operation of such code and registers, and to make recommendations thereon to the Committee on Standards and Privileges or an appropriate sub-committee thereof; and (e) to investigate, if he thinks fit, specific matters which have come to his attention relating to the conduct of Members and to report to the Committee on Standards and Privileges or to an appropriate sub-committee thereof, unless the provisions of paragraph (3) apply. In determining whether to investigate a specific matter relating to the conduct of a Member the Commissioner shall have regard to whether in his view there is sufficient evidence that the Code of Conduct or the rules relating to registration or declaration of interests may have been breached to justify taking the matter further. No report shall be made by the Commissioner- (a) in any case where the Member concerned has agreed that he has failed to register or declare an interest, if it is the Commissioner's opinion that the interest involved is minor, or the failure was inadvertent, and the Member concerned has taken such action by way of rectification as the Commissioner may have required within any procedure approved by the Committee for this purpose; and (b) in any case involving parliamentary allowances, or the use of facilities or services, if the Commissioner has with the agreement of the Member concerned referred the matter to the relevant Officer of the House for the purpose of securing appropriate financial reimbursement, and the Member has made such reimbursement within such period of time as the Commissioner considers reasonable. The Commissioner may at any time in the course of investigating a complaint, and if so requested by the Committee on Standards and Privileges shall, appoint an Investigatory Panel to assist him in establishing the facts relevant to the investigation. An Investigatory Panel shall- (a) consist of the Commissioner, who shall be Chair of the Panel, and two assessors, one of whom shall be a legally qualified person appointed by the Commissioner and the other shall be a Member, who shall not be a member of the Committee on Standards and Privileges, appointed by the Speaker; and (b) meet in private. The Commissioner- (a) shall determine the procedures of the Panel, subject to the provisions of this order; and (b) may appoint counsel for the purpose of assisting the Panel. Any report that the Commissioner may have made to the Committee on Standards and Privileges in relation to the complaint before the appointment of the Panel shall be made available to the Panel by the Committee. Any Member who is the subject of the complaint under investigation shall, if he so requests, be heard by the Panel; may call witnesses; and may examine other witnesses. When the Panel has completed its proceedings- (a) the Commissioner shall report as in paragraph (2)(e); (b) the legal assessor shall report to the Committee on Standards and Privileges his opinion as to the extent to which its proceedings have been consistent with the principles of natural justice; and (c) the Member assessor may report to the Committee on Standards and Privileges his opinion as to the extent to which its proceedings have had regard to the customs and practice of the House and its Members. The Commissioner shall report each year to the House on the exercise by him of his functions. The Commissioner shall have leave to publish from time to time- (a) information and papers relating to- (i) matters resolved in accordance with paragraph (3) of this order; and (ii) complaints not upheld; and (b) information about complaints received and matters under investigation. The Commissioner may be dismissed only following a resolution of the House, moved for by a Member of the House of Commons Commission, after the Committee on Standards and Privileges has reported to the House that it is satisfied that the Commissioner is unfit to hold his office or unable to carry out his functions; and any such report shall include a statement of the Committee's reasons for its conclusion. |
12 March 2012 | Amended | 150 Nomination of Select Committees / Parliamentary Commissioner for Standards There shall be an Officer of this House, called the Parliamentary Commissioner for Standards, who shall be appointed by the House. The principal duties of the Commissioner shall be- (a) to maintain the Register of Members' Financial Interests and any other registers of interest established by the House, and to make such arrangements for the compilation, maintenance and accessibility of those registers as are approved by the Committee on Standards or an appropriate sub-committee thereof; (b) to provide advice confidentially to Members and other persons or bodies subject to registration on matters relating to the registration of individual interests; (c) to advise the Committee on Standards, its sub-committees and individual Members on the interpretation of any code of conduct to which the House has agreed and on questions of propriety; (d) to monitor the operation of such code and registers, and to make recommendations thereon to the Committee on Standards or an appropriate sub-committee thereof; and (e) to investigate, if he thinks fit, specific matters which have come to his attention relating to the conduct of Members and to report to the Committee on Standards or to an appropriate sub-committee thereof, unless the provisions of paragraph (3) apply. In determining whether to investigate a specific matter relating to the conduct of a Member the Commissioner shall have regard to whether in his view there is sufficient evidence that the Code of Conduct or the rules relating to registration or declaration of interests may have been breached to justify taking the matter further. No report shall be made by the Commissioner- (a) in any case where the Member concerned has agreed that he has failed to register or declare an interest, if it is the Commissioner's opinion that the interest involved is minor, or the failure was inadvertent, and the Member concerned has taken such action by way of rectification as the Commissioner may have required within any procedure approved by the Committee for this purpose; and (b) in any case involving parliamentary allowances, or the use of facilities or services, if the Commissioner has with the agreement of the Member concerned referred the matter to the relevant Officer of the House for the purpose of securing appropriate financial reimbursement, and the Member has made such reimbursement within such period of time as the Commissioner considers reasonable. The Commissioner may at any time in the course of investigating a complaint, and if so requested by the Committee on Standards shall, appoint an Investigatory Panel to assist him in establishing the facts relevant to the investigation. An Investigatory Panel shall- (a) consist of the Commissioner, who shall be Chair of the Panel, and two assessors, one of whom shall be a legally qualified person appointed by the Commissioner and the other shall be a Member, who shall not be a member of the Committee on Standards, appointed by the Speaker; and (b) meet in private. The Commissioner- (a) shall determine the procedures of the Panel, subject to the provisions of this order; and (b) may appoint counsel for the purpose of assisting the Panel. Any report that the Commissioner may have made to the Committee on Standards in relation to the complaint before the appointment of the Panel shall be made available to the Panel by the Committee. Any Member who is the subject of the complaint under investigation shall, if he so requests, be heard by the Panel; may call witnesses; and may examine other witnesses. When the Panel has completed its proceedings- (a) the Commissioner shall report as in paragraph (2)(e); (b) the legal assessor shall report to the Committee on Standards his opinion as to the extent to which its proceedings have been consistent with the principles of natural justice; and (c) the Member assessor may report to the Committee on Standards his opinion as to the extent to which its proceedings have had regard to the customs and practice of the House and its Members. The Commissioner shall report each year to the House on the exercise by him of his functions. The Commissioner shall have leave to publish from time to time- (a) information and papers relating to- (i) matters resolved in accordance with paragraph (3) of this order; and (ii) complaints not upheld; and (b) information about complaints received and matters under investigation. The Commissioner may be dismissed only following a resolution of the House, moved for by a Member of the House of Commons Commission, after the Committee on Standards has reported to the House that it is satisfied that the Commissioner is unfit to hold his office or unable to carry out his functions; and any such report shall include a statement of the Committee's reasons for its conclusion. |
20 March 2013 | Amended | 150 Select committees, &c. / Parliamentary Commissioner for Standards There shall be an Officer of this House, called the Parliamentary Commissioner for Standards, who shall be appointed by the House. The principal duties of the Commissioner shall be- (a) to maintain the Register of Members' Financial Interests and any other registers of interest established by the House, and to make such arrangements for the compilation, maintenance and accessibility of those registers as are approved by the Committee on Standards or an appropriate sub-committee thereof; (b) to provide advice confidentially to Members and other persons or bodies subject to registration on matters relating to the registration of individual interests; (c) to advise the Committee on Standards, its sub-committees and individual Members on the interpretation of any code of conduct to which the House has agreed and on questions of propriety; (d) to monitor the operation of such code and registers, and to make recommendations thereon to the Committee on Standards or an appropriate sub-committee thereof; and (e) to investigate, if he thinks fit, specific matters which have come to his attention relating to the conduct of Members and to report to the Committee on Standards or to an appropriate sub-committee thereof, unless the provisions of paragraph (4) apply. In determining whether to investigate a specific matter relating to the conduct of a Member the Commissioner shall have regard to whether in his view there is sufficient evidence that the Code of Conduct or the rules relating to registration or declaration of interests may have been breached to justify taking the matter further. No report shall be made by the Commissioner- (a) in any case where the Member concerned has agreed that he has failed to register or declare an interest, if it is the Commissioner's opinion that the interest involved is minor, or the failure was inadvertent, and the Member concerned has taken such action by way of rectification as the Commissioner may have required within any procedure approved by the Committee for this purpose; and (b) in any case involving parliamentary allowances, or the use of facilities or services, if the Commissioner has with the agreement of the Member concerned referred the matter to the relevant Officer of the House for the purpose of securing appropriate financial reimbursement, and the Member has made such reimbursement within such period of time as the Commissioner considers reasonable. The Commissioner may at any time in the course of investigating a complaint, and if so requested by the Committee on Standards shall, appoint an Investigatory Panel to assist him in establishing the facts relevant to the investigation. An Investigatory Panel shall- (a) consist of the Commissioner, who shall be Chair of the Panel, and two assessors, one of whom shall be a legally qualified person appointed by the Commissioner and the other shall be a Member, who shall not be a member of the Committee on Standards, appointed by the Speaker; and (b) meet in private. The Commissioner- (a) shall determine the procedures of the Panel, subject to the provisions of this order; and (b) may appoint counsel for the purpose of assisting the Panel. Any report that the Commissioner may have made to the Committee on Standards in relation to the complaint before the appointment of the Panel shall be made available to the Panel by the Committee. Any Member who is the subject of the complaint under investigation shall, if he so requests, be heard by the Panel; may call witnesses; and may examine other witnesses. When the Panel has completed its proceedings- (a) the Commissioner shall report as in paragraph (2)(e); (b) the legal assessor shall report to the Committee on Standards his opinion as to the extent to which its proceedings have been consistent with the principles of natural justice; and (c) the Member assessor may report to the Committee on Standards his opinion as to the extent to which its proceedings have had regard to the customs and practice of the House and its Members. The Commissioner shall report each year to the House on the exercise by him of his functions. The Commissioner shall have leave to publish from time to time- (a) information and papers relating to- (i) matters resolved in accordance with paragraph (4) of this order; and (ii) complaints not upheld; and (b) information about complaints received and matters under investigation. The Commissioner may be dismissed only following a resolution of the House, moved for by a Member of the House of Commons Commission, after the Committee on Standards has reported to the House that it is satisfied that the Commissioner is unfit to hold his office or unable to carry out his functions; and any such report shall include a statement of the Committee's reasons for its conclusion. |
19 July 2018 | Amended | 150 Select committees, etc. / Parliamentary Commissioner for Standards There shall be an Officer of this House, called the Parliamentary Commissioner for Standards, who shall be appointed by the House. The principal duties of the Commissioner shall be- (a) to maintain the Register of Members' Financial Interests and any other registers of interest established by the House, and to make such arrangements for the compilation, maintenance and accessibility of those registers as are approved by the Committee on Standards or an appropriate sub-committee thereof; (b) to provide advice confidentially to Members and other persons or bodies subject to registration on matters relating to the registration of individual interests; (c) to advise the Committee on Standards, its sub-committees and individual Members on the interpretation of any code of conduct to which the House has agreed and on questions of propriety; (d) to monitor the operation of such code and registers, and to make recommendations thereon to the Committee on Standards or an appropriate sub-committee thereof; (e) to investigate, if he thinks fit, specific matters which have come to his attention relating to the conduct of Members and to report to the Committee on Standards or to an appropriate sub-committee thereof, unless the provisions of paragraph (4) apply; and (f) to consider cases arising from the Independent Complaints and Grievance Scheme. In determining whether to investigate a specific matter relating to the conduct of a Member the Commissioner shall have regard to whether in his view there is sufficient evidence that the Code of Conduct or the rules relating to registration or declaration of interests may have been breached to justify taking the matter further. No report shall be made by the Commissioner- (a) in any case where the Member concerned has agreed that he has failed to register or declare an interest, if it is the Commissioner's opinion that the interest involved is minor, or the failure was inadvertent, and the Member concerned has taken such action by way of rectification as the Commissioner may have required within any procedure approved by the Committee for this purpose; (b) in any case involving parliamentary allowances, or the use of facilities or services, if the Commissioner has with the agreement of the Member concerned referred the matter to the relevant Officer of the House for the purpose of securing appropriate financial reimbursement, and the Member has made such reimbursement within such period of time as the Commissioner considers reasonable; and (c) in any case arising from the Independent Complaints and Grievance Scheme where the Commissioner has proposed remedial action within any procedure approved by the Committee with which the Member concerned has complied or, if the remedy is prospective, undertaken to comply. The Commissioner may at any time in the course of investigating a complaint, and if so requested by the Committee on Standards shall, appoint an Investigatory Panel to assist him in establishing the facts relevant to the investigation. An Investigatory Panel shall- (a) consist of the Commissioner, who shall be Chair of the Panel, and two assessors, one of whom shall be a legally qualified person appointed by the Commissioner and the other shall be a Member, who shall not be a member of the Committee on Standards, appointed by the Speaker; and (b) meet in private. The Commissioner- (a) shall determine the procedures of the Panel, subject to the provisions of this order; and (b) may appoint counsel for the purpose of assisting the Panel. Any report that the Commissioner may have made to the Committee on Standards in relation to the complaint before the appointment of the Panel shall be made available to the Panel by the Committee. Any Member who is the subject of the complaint under investigation shall, if he so requests, be heard by the Panel; may call witnesses; and may examine other witnesses. When the Panel has completed its proceedings- (a) the Commissioner shall report as in paragraph (2)(e); (b) the legal assessor shall report to the Committee on Standards his opinion as to the extent to which its proceedings have been consistent with the principles of natural justice; and (c) the Member assessor may report to the Committee on Standards his opinion as to the extent to which its proceedings have had regard to the customs and practice of the House and its Members. The Commissioner shall report each year to the House on the exercise by him of his functions. The Commissioner shall have leave to publish from time to time- (a) information and papers relating to- (i) matters resolved in accordance with paragraph (4) of this order; and (ii) complaints not upheld; and (b) statistical information about complaints received. The Commissioner may be dismissed only following a resolution of the House, moved for by a Member of the House of Commons Commission, after the Committee on Standards has reported to the House that it is satisfied that the Commissioner is unfit to hold his office or unable to carry out his functions; and any such report shall include a statement of the Committee's reasons for its conclusion. |
23 June 2020 | Amended | 150 Select committees, etc. / Parliamentary Commissioner for Standards There shall be an Officer of this House, called the Parliamentary Commissioner for Standards, who shall be appointed by the House. The principal duties of the Commissioner shall be- (a) to maintain the Register of Members' Financial Interests and any other registers of interest established by the House, and to make such arrangements for the compilation, maintenance and accessibility of those registers as are approved by the Committee on Standards or an appropriate sub-committee thereof; (b) to provide advice confidentially to Members and other persons or bodies subject to registration on matters relating to the registration of individual interests; (c) to advise the Committee on Standards, its sub-committees and individual Members on the interpretation of any code of conduct to which the House has agreed and on questions of propriety; (d) to monitor the operation of such code and registers, and to make recommendations thereon to the Committee on Standards or an appropriate sub-committee thereof; (e) to investigate, if he thinks fit, specific matters which have come to his attention relating to the conduct of Members and to report to the Committee on Standards or to an appropriate sub-committee thereof, unless the provisions of paragraph (4) apply; and (f) to oversee investigations and make findings in cases against Members under the Independent Complaints and Grievance Scheme; to refer such case to the Independent Panel of Experts where a sanction beyond her powers is contemplated; and to assist the Panel and its sub-panels in its work. In determining whether to investigate a specific matter relating to the conduct of a Member the Commissioner shall have regard to whether in his view there is sufficient evidence that the Code of Conduct or the rules relating to registration or declaration of interests may have been breached to justify taking the matter further. No report shall be made by the Commissioner- (a) in any case where the Member concerned has agreed that he has failed to register or declare an interest, if it is the Commissioner's opinion that the interest involved is minor, or the failure was inadvertent, and the Member concerned has taken such action by way of rectification as the Commissioner may have required within any procedure approved by the Committee for this purpose; (b) in any case involving parliamentary allowances, or the use of facilities or services, if the Commissioner has with the agreement of the Member concerned referred the matter to the relevant Officer of the House for the purpose of securing appropriate financial reimbursement, and the Member has made such reimbursement within such period of time as the Commissioner considers reasonable. The Commissioner may at any time in the course of investigating a complaint, and if so requested by the Committee on Standards shall, appoint an Investigatory Panel to assist him in establishing the facts relevant to the investigation. An Investigatory Panel shall- (a) consist of the Commissioner, who shall be Chair of the Panel, and two assessors, one of whom shall be a legally qualified person appointed by the Commissioner and the other shall be a Member, who shall not be a member of the Committee on Standards, appointed by the Speaker; and (b) meet in private. The Commissioner- (a) shall determine the procedures of the Panel, subject to the provisions of this order; and (b) may appoint counsel for the purpose of assisting the Panel. Any report that the Commissioner may have made to the Committee on Standards in relation to the complaint before the appointment of the Panel shall be made available to the Panel by the Committee. Any Member who is the subject of the complaint under investigation shall, if he so requests, be heard by the Panel; may call witnesses; and may examine other witnesses. When the Panel has completed its proceedings- (a) the Commissioner shall report as in paragraph (2)(e); (b) the legal assessor shall report to the Committee on Standards his opinion as to the extent to which its proceedings have been consistent with the principles of natural justice; and (c) the Member assessor may report to the Committee on Standards his opinion as to the extent to which its proceedings have had regard to the customs and practice of the House and its Members. The Commissioner shall report each year to the House on the exercise by him of his functions. The Commissioner shall have leave to publish from time to time- (a) information and papers relating to- (i) matters resolved in accordance with paragraph (4) of this order; and (ii) complaints not upheld; and (b) statistical information about complaints received. The Commissioner may be dismissed only following a resolution of the House, moved for by a Member of the House of Commons Commission, after the Committee on Standards has reported to the House that it is satisfied that the Commissioner is unfit to hold his office or unable to carry out his functions; and any such report shall include a statement of the Committee's reasons for its conclusion. |
21 April 2021 | Amended | 150 Select committees, etc. / Parliamentary Commissioner for Standards There shall be an Officer of this House, called the Parliamentary Commissioner for Standards, who shall be appointed by the House. The principal duties of the Commissioner shall be- (a) to maintain the Register of Members' Financial Interests and any other registers of interest established by the House, and to make such arrangements for the compilation, maintenance and accessibility of those registers as are approved by the Committee on Standards or an appropriate sub-committee thereof; (b) to provide advice confidentially to Members and other persons or bodies subject to registration on matters relating to the registration of individual interests; (c) to advise the Committee on Standards, its sub-committees and individual Members on the interpretation of any code of conduct to which the House has agreed and on questions of propriety; (d) to monitor the operation of such code and registers, and to make recommendations thereon to the Committee on Standards or an appropriate sub-committee thereof; (e) to investigate, if he thinks fit, specific matters which have come to his attention relating to the conduct of Members and to report to the Committee on Standards or to an appropriate sub-committee thereof, unless the provisions of paragraph (4) apply; and (f) to oversee investigations and make findings in cases against Members under the Independent Complaints and Grievance Scheme; to refer such case to the Independent Panel of Experts where a sanction beyond her powers is contemplated; and to assist the Panel and its sub-panels in its work. In determining whether to investigate a specific matter relating to the conduct of a Member the Commissioner shall have regard to whether in his view there is sufficient evidence that the Code of Conduct or the rules relating to registration or declaration of interests may have been breached to justify taking the matter further. No report shall be made by the Commissioner- (a) in any case where the Member concerned has agreed that he has failed to register or declare an interest, if it is the Commissioner's opinion that the interest involved is minor, or the failure was inadvertent, and the Member concerned has taken such action by way of rectification as the Commissioner may have required within any procedure approved by the Committee for this purpose; (b) in any case involving parliamentary allowances, or the use of facilities or services, if the Commissioner has with the agreement of the Member concerned referred the matter to the relevant Officer of the House for the purpose of securing appropriate financial reimbursement, and the Member has made such reimbursement within such period of time as the Commissioner considers reasonable. The Commissioner shall have power to- (a) instigate informal discussions with a Member to indicate concern about the Member's reported attitude, behaviour or conduct; and (b) require a Member to attend a formal meeting at which the Commissioner may indicate concern about or give words of advice on the Member's reported attitude, behaviour or conduct. The Commissioner may at any time in the course of investigating a complaint, and if so requested by the Committee on Standards shall, appoint an Investigatory Panel to assist him in establishing the facts relevant to the investigation. An Investigatory Panel shall- (a) consist of the Commissioner, who shall be Chair of the Panel, and two assessors, one of whom shall be a legally qualified person appointed by the Commissioner and the other shall be a Member, who shall not be a member of the Committee on Standards, appointed by the Speaker; and (b) meet in private. The Commissioner- (a) shall determine the procedures of the Panel, subject to the provisions of this order; and (b) may appoint counsel for the purpose of assisting the Panel. Any report that the Commissioner may have made to the Committee on Standards in relation to the complaint before the appointment of the Panel shall be made available to the Panel by the Committee. Any Member who is the subject of the complaint under investigation shall, if he so requests, be heard by the Panel; may call witnesses; and may examine other witnesses. When the Panel has completed its proceedings- (a) the Commissioner shall report as in paragraph (2)(e); (b) the legal assessor shall report to the Committee on Standards his opinion as to the extent to which its proceedings have been consistent with the principles of natural justice; and (c) the Member assessor may report to the Committee on Standards his opinion as to the extent to which its proceedings have had regard to the customs and practice of the House and its Members. The Commissioner shall report each year to the House on the exercise by him of his functions. The Commissioner shall have leave to publish from time to time- (a) information and papers relating to- (i) matters resolved in accordance with paragraph (4) of this order; and (ii) complaints not upheld; and (b) information about complaints received and matters under investigation. The Commissioner may be dismissed only following a resolution of the House, moved for by a Member of the House of Commons Commission, after the Committee on Standards has reported to the House that it is satisfied that the Commissioner is unfit to hold his office or unable to carry out his functions; and any such report shall include a statement of the Committee's reasons for its conclusion. |
18 October 2022 | Amended | 150 Select committees, etc. / Parliamentary Commissioner for Standards There shall be an Officer of this House, called the Parliamentary Commissioner for Standards, who shall be appointed by the House. The principal duties of the Commissioner shall be- (a) to maintain the Register of Members' Financial Interests and any other registers of interest established by the House, and to make such arrangements for the compilation, maintenance and accessibility of those registers as are approved by the Committee on Standards or an appropriate sub-committee thereof; (b) to provide advice confidentially to Members and other persons or bodies subject to registration on matters relating to the registration of individual interests; (c) to advise the Committee on Standards, its sub-committees and individual Members on the interpretation of any code of conduct to which the House has agreed and on questions of propriety; (d) to monitor the operation of such code and registers, and to make recommendations thereon to the Committee on Standards or an appropriate sub-committee thereof; (e) to investigate, if he thinks fit, specific matters which have come to his attention relating to the conduct of Members and to report to the Committee on Standards or to an appropriate sub-committee thereof, unless the provisions of paragraph (4) apply; and (f) to oversee investigations and make findings in cases against Members under the Independent Complaints and Grievance Scheme; to refer such case to the Independent Panel of Experts where a sanction beyond her powers is contemplated; and to assist the Panel and its sub-panels in its work. In determining whether to investigate a specific matter relating to the conduct of a Member the Commissioner shall have regard to whether in his view there is sufficient evidence that the Code of Conduct or the rules relating to registration or declaration of interests may have been breached to justify taking the matter further. No report shall be made by the Commissioner- (a) in any case where the Member concerned has agreed that he has failed to register or declare an interest, if it is the Commissioner's opinion that the interest involved is minor, or the failure was inadvertent; (b) in any case involving parliamentary allowances, or the use of facilities or services; (c) in any case relating to the rules for All-Party Parliamentary Groups if it is the Commissioner's opinion that the breach involved is minor, or the failure was inadvertent- where the Member concerned has, by agreement, taken such action by way of rectification as the Commissioner may have required. The Commissioner shall have power to- (a) instigate informal discussions with a Member to indicate concern about the Member's reported attitude, behaviour or conduct; and (b) require a Member to attend a formal meeting at which the Commissioner may indicate concern about or give words of advice on the Member's reported attitude, behaviour or conduct. The Commissioner shall report each year to the House on the exercise by him of his functions. The Commissioner shall have leave to publish from time to time- (a) information and papers relating to- (i) matters resolved in accordance with paragraph (4) of this order; and (ii) complaints not upheld; and (b) information about complaints received and matters under investigation. The Commissioner may be dismissed only following a resolution of the House, moved for by a Member of the House of Commons Commission, after the Committee on Standards has reported to the House that it is satisfied that the Commissioner is unfit to hold his office or unable to carry out his functions; and any such report shall include a statement of the Committee's reasons for its conclusion. |