Privy Council Office

2009-02-13Interpretation Act 1978TSO (The Stationery Office), St Crispins, Duke Street, Norwich, NR3 1PD, 01603 622211, customer.services@tso.co.uk265901106/01

Privy Council Office

At the Court at Buckingham Palace

THE 11th DAY OF FEBRUARY 2009

PRESENT,

THE QUEEN’S MOST EXCELLENT MAJESTY

IN COUNCIL

The Public Appointments Order in Council 2002 (“the 2002 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 amend the 2002 Order to enable Her Majesty’s Commissioner for Public Appointments to exercise her functions in respect of appointments made by the Northern Ireland departments. It is also desirable to add to the Schedule of public bodies falling within the remit of Her Majesty’s Commissioner for Public Appointments.

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

Amendment of the 2002 Order

1. In article 1(1) of the 2002 Order, after “the Scottish Ministers” insert “, the Northern Ireland departments”.

2. The public body listed in Schedule 1 to this Order shall, at the appropriate place, be added to the list headed “Cabinet Office” in the Schedule to the 2002 Order(a).

3. The public bodies listed in Schedule 2 to this Order shall, at the appropriate places, be added to the list headed “Department for Business, Enterprise and Regulatory Reform” in the Schedule to the 2002 Order.

4. The public body listed in Schedule 3 to this Order shall, at the appropriate place, be added to the list headed “Department for Children, Schools and Families” in the Schedule to the 2002 Order.

5. The public bodies listed in Schedule 4 to this Order shall, at the appropriate places, be added to the list headed “Department for Environment, Food and Rural Affairs” in the Schedule to the 2002 Order.

6. The public body listed in Schedule 5 to this Order shall, at the appropriate place, be added to the list headed “Department for Transport” in the Schedule to the 2002 Order.

7. The public body listed in Schedule 6 to this Order shall, at the appropriate place, be added to the list headed “Department of Health” in the Schedule to the 2002 Order.

8. The public body listed in Schedule 7 to this Order shall, at the appropriate place, be added to the list headed “HM Treasury” in the Schedule to the 2002 Order.

9. The public bodies listed in Schedule 8 to this Order shall, at the appropriate places, be added to the list headed “Welsh Assembly Government” in the Schedule to the 2002 Order.

Citation and commencement

10. (1) This Order may be cited as the Public Appointments (Amendment) Order in Council 2009 and comes into force forthwith.

(2) The Interpretation Act 1978(b) applies for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.

Judith Simpson

SCHEDULE 1

Public body to be added to the list headed “Cabinet Office” in the Schedule to the 2002 Order

Statistics Board, with the exception of the National Statistician

Charity Commission for England and Wales

SCHEDULE 2

Public bodies to be added to the list headed “Department for Business, Enterprise and Regulatory Reform” in the Schedule to the 2002 Order

Office of Fair Trading, with the exception of the Chief Executive

Postal Services Commission

SCHEDULE 3

Public body to be added to the list headed “Department for Children, Schools and Families” in the Schedule to the 2002 Order

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

SCHEDULE 4

Public bodies to be added to the list headed “Department for Environment, Food and Rural Affairs” in the Schedule to the 2002 Order

Broads Authority

Conservation Board for the Cotswolds Area of Outstanding Natural Beauty

Conservation Board for the Chilterns Area of Outstanding Natural Beauty

Dartmoor National Park Authority, with the exception of parish members

Exmoor National Park Authority, with the exception of parish members

Forestry Commissioners with the exception of the executive members

Lake District National Park Authority, with the exception of parish members

New Forest National Park Authority, with the exception of parish members

Northumberland National Park Authority, with the exception of parish members

North York Moors National Park Authority, with the exception of parish members

Peak District National Park Authority, with the exception of parish members

Yorkshire Dales National Park Authority, with the exception of parish members

SCHEDULE 5

Public body to be added to the list headed “Department for Transport” in the Schedule to the 2002 Order

Office of Rail Regulation

SCHEDULE 6

Public body to be added to the list headed “Department of Health” in the Schedule to the 2002 Order

Food Standards Agency

SCHEDULE 7

Public body to be added to the list headed “HM Treasury” in the Schedule to the 2002 Order

Crown Estate Commissioners

SCHEDULE 8

Public bodies to be added to the list headed “Welsh Assembly Government” in the Schedule to the 2002 Order

Brecon Beacons National Park Authority

Pembrokeshire Coast National Park Authority

Snowdonia National Park Authority

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Public Appointments Order in Council 2002 (“the 2002 Order”).

The 2002 Order sets out the functions of Her Majesty’s Commissioner for Public Appointments (“the Commissioner”). The Schedule to the 2002 Order lists public bodies in relation to which Her Majesty’s Commissioner for Public Appointments exercises her functions.

This Order amends the 2002 Order by enabling the Commissioner to exercise her functions in respect of certain appointments made by the Northern Ireland departments. It also amends the 2002 Order by bringing certain appointments to twenty-three additional bodies within the scope of the Commissioner’s functions. The list of public bodies was last updated in July 2008 by the Public Appointments (Amendment) Order 2008.

(a)  The Schedule to the 2002 Order was substituted by the Public Appointments (Amendment) Order in Council 2008.

(b)  1978 c.30