At the Court at Buckingham Palace the 16th day of July 2002 Present, The Queen’s Most Excellent Majesty in Council WHEREAS by the Public Appointments Order in Council 1995 (hereinafter called “the 1995 Order”) provision was made relating to the scrutiny by an independent Commissioner of the procedures for selection for appointment by Ministers of the Crown of persons to public bodies: AND WHEREAS the 1995 Order was amended (and in particular applied to recommendations by Ministers of the Crown for appointment to public bodies and extended to advisory non-departmental public bodies) by the Public Appointments Order in Council 1998 (hereinafter called “the 1998 Order”): AND WHEREAS it is expedient to make further provision in relation to the matters aforesaid by way of consolidating the 1995 and 1998 Orders with amendments: NOW, THEREFORE, Her Majesty is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:- Definitions 1.—(1) In this Order: “appointing authority” means a Minister of the Crown or, as the case may be, the Scottish Ministers or the National Assembly for Wales, making an appointment or making a recommendation for an appointment (and where an appointment is made on behalf of a Minister of the Crown or the National Assembly for Wales by the National Health Service Appointments Commission that person shall be the appointing authority for the purposes of this Order); “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 body” means any body listed for the time being in the Schedule to this Order or any body which the Minister for the Cabinet Office has specified by instrument in writing as being a public body for the purposes of this Order (and the Minister may by instrument in writing specify that a body, notwithstanding its being listed in the Schedule or having been previously specified, shall cease to be a public body 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 any such appointment to a Trust, Authority, Health Board or Local Health Board of the National Health Service (including any appointment made on behalf of an appointing authority by the National Health Service Appointments Commission). (2) Where provisional appointments are to be made before a body exists in law or before a body has been specified as a public body for the purposes of this Order, the Minister for the Cabinet Office may by instrument in writing provide that those appointments shall, notwithstanding, be subject to the requirements and procedures set out in this Order as if they were public appointments to a public body. Functions of the Commissioner 2.—(1) The Commissioner shall, in the manner the Commissioner considers best calculated to promote economy, efficiency, effectiveness and equality of opportunity in the procedures for making public appointments, exercise her 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 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 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 appointment or description of appointment. (6) The Commissioner may recruit and train independent assessors who may advise or act for appointing authorities in relation to public appointments. Commissioner’s Annual Report 3. 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 appointment procedures and practices. Exercise of the Commissioner’s powers and duties 4.—(1) Any power or duty of the Commissioner under this Order 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 she may think fit authorise any person to perform any function under Article 2(3). (3) The Commissioner may make arrangements with the person for the time being appointed as the Commissioner for Public Appointments in Northern Ireland for the purposes of the Commissioner for Public Appointments (Northern Ireland) Order 1995(a) for any of that person’s functions to be discharged by, or by an officer of, the Commissioner. Citation etc. 5.—(1) This Order may be cited as the Public Appointments Order in Council 2002 and shall come into force forthwith. (2) The 1995 and 1998 Orders are hereby revoked. (3) The Interpretation Act 1978(b) shall apply for the interpretation of this Order and of instruments made under this Order as it applies for the interpretation of an Act of Parliament, and as if the 1995 and 1998 Orders were enactments for the purposes of section 16(1) of that Act. A. K. Galloway Schedule PUBLIC BODIES WITH MEMBERS APPOINTED BY OR ON THE RECOMMENDATION OF APPOINTING AUTHORITIES Cabinet Office Advisory Committee on Business Appointments Better Regulation Task Force Civil Service Appeal Board Committee on Standards in Public Life Honours Scrutiny Committee House of Lords Appointments Commission Security Commission Security Vetting Appeals Panel Senior Salaries Review Body COI Communications Advisory Committee on Advertising Chancellor of the Duchy of Lancaster Advisory Committees on Justices of the Peace in Lancashire, Greater Manchester and Merseyside Department for Culture, Media and Sport Advisory Committee on Historic Wreck Sites Advisory Committee on the Government Art Collection Advisory Council on Libraries Alcohol Education and Research Council Arts Council of England British Broadcasting Corporation British Library British Museum British Tourist Authority Broadcasting Standards Commission Commission For Architecture and the Built Environment Community Fund Culture North East East Midlands Cultural Consortium English Heritage English Tourism Council Film Council Football Licensing Authority Gaming Board for Great Britain Geffrye Museum Historic Royal Palaces Historical Manuscripts Commission Horniman Museum and Gardens Horserace Betting Levy Board Horserace Totalisator Board Imperial War Museum Independent Television Commission Living East Millennium Commission Museum of London Museum of Science and Industry in Manchester National Endowment for Science, Technology and the Arts National Gallery National Heritage Memorial Fund National Lottery Commission National Maritime Museum National Museum of Science and Industry National Museums and Galleries on Merseyside National Portrait Gallery Natural History Museum New Millennium Experience Company Ltd New Opportunities Fund North West Cultural Consortium Office of Communications Public Lending Right Registrar Public Lending Right Advisory Committee Radio Authority Re:Source The Council for Museums, Archives and Libraries Reviewing Committee on the Export of Works of Art Royal Armouries Museum Sianel Pedwar Cymru (Welsh Fourth Channel Authority) South East England Cultural Consortium South West Regional Cultural Consortium Spoliation Advisory Panel Sport England Tate Gallery Theatres Trust Treasure Valuation Committee UK Sport Victoria and Albert Museum Wallace Collection West Midlands Life Cultural Consortium Yorkshire Cultural Consortium Ministry of Defence Advisory Committee on Conscientious Objectors Advisory Group on Medical Countermeasures Animal Welfare Advisory Committee Armed Forces Pay Review Body Central Advisory Committee on War Pensions Dartmoor Steering Group Defence Nuclear Safety Committee Defence Scientific Advisory Council Independent Board of Visitors for Military Corrective Training Centre National Army Museum National Employers Liaison Committee Nuclear Research Advisory Council Oil and Pipelines Agency Review Board for Government Contracts Royal Air Force Museum Royal Military College of Science Advisory Council War Pensions Committees Department for Education and Skills Adult Learning Inspectorate British Educational Communications and Technology Agency Construction Industry Training Board Engineering Construction Industry Training Board Higher Education Funding Council for England Investors in People UK Learning and Skills Council National College for School Leadership Qualifications and Curriculum Authority School Teachers’ Review Body Sector Skills Development Agency Student Loans Company Ltd Teacher Training Agency Department for Environment, Food and Rural Affairs Advisory Committee on Business and the Environment Advisory Committee on Consumer Products and the Environment Advisory Committee on Hazardous Substances Advisory Committee on Packaging Advisory Committee on Pesticides Advisory Committee on Releases to the Environment Agricultural Dwelling House Advisory Committees Agriculture Wages Board for England and Wales Agriculture Wages Committees for England Air Quality Expert Group Apple and Pear Research Council British Potato Council British Waterways Board Committee on Products and Processes for Use in Public Water Supply Countryside Agency Covent Garden Market Authority Darwin Advisory Committee Director General of OFWAT English Nature Environment Agency Expert Group on Crystoporidium in Water Supplies Expert Panel on Air Quality Standards Farm Animal Welfare Council Food from Britain Government-Industry Forum on non-food uses crops Home-Grown Cereals Authority Horticultural Development Council Horticulture Research International Independent Scientific Group on Cattle TB Inland Waterways Amenity Advisory Council Integrated Administration and Control System Appeals Panel Joint Nature Conservation Committee Meat and Livestock Commission Milk Development Council National Forest Company Pesticides Residue Committee Radioactive Waste Management Advisory Committee Regional Flood Defence Committees Royal Botanic Gardens Kew Royal Commission on Environmental Pollution Sea Fish Industry Authority Spongiform Encephalopathy Advisory Committee Sustainable Development Commission Sustainable Development Education Panel United Kingdom Register of Organic Food Standards Veterinary Products Committee Veterinary Residues Committee Water Regulations Advisory Committee Wine Standards Board Zoos Forum Export Credits Guarantee Department Export Guarantees Advisory Council Foreign and Commonwealth Office BBC World Service Britain-Russia Centre British Association for Central and Eastern Europe Diplomatic Service Appeal Board British Council Government Hospitality Advisory Committee for the Purchase of Wine The Great Britain-China Centre Marshall Aid Commemoration Commission Westminster Foundation for Democracy Wilton Park Academic Council Department of Health Administration of Radioactive Substances Advisory Committee Advisory Board on the Registration of Homeopathic Products Advisory Committee on Borderline Substances Advisory Committee on Dangerous Pathogens Advisory Committee on Distinction Awards Advisory Committee on NHS Drugs Advisory Group on Hepatitis Appeal Body Ashworth Hospital Authority British Pharmacopoeia Commission Care Trusts Commission for Health Improvement Committee for Monitoring Agreements on Tobacco Advertising and Sponsorship Committee on Carcinogenicity of Chemicals in Food, Consumer Products and the Environment Committee on Medical Aspects of Radiation in the Environment Committee on Mutagenicity of Chemicals in Food, Consumer Products and the Environment Committee on the Medical Effects of Air Pollutants Committee on the Safety of Medicines Dental Practice Board Dental Vocational Training Authority Doctors’ and Dentists’ Review Body English National Board for Nursing, Midwifery and Health Visiting Expert Advisory Group on AIDS Family Health Services Appeal Authority Gene Therapy Advisory Committee General Social Care Council Genetics and Insurance Committee Health Development Agency Human Fertilisation & Embryology Authority Human Genetics Commission Independent Advisory Group on Teenage Pregnancy Independent Review Panel on the Classification of Borderline Medicines Joint Committee on Vaccination and Immunisation Medical Workforce Standing Advisory Committee Medicines Commission Mental Health Act Commission Microbiological Research Authority National Biological Standards Board (UK) National Blood Authority National Care Standards Commission National Clinical Assessment Authority National Health Service Appointments Commission National Health Service Information Authority National Health Service Litigation Authority National Health Service Logistics Authority National Health Service Trusts National Institute for Clinical Excellence National Patient Safety Agency National Radiological Protection Board National Treatment Agency Nurses, Midwives, Health Visitors and Professions Allied to Medicine Pay Review Body Patient Information Advisory Group Pharmacists’ Review Panel Prescription Pricing Authority Primary Care Trusts Public Health Laboratory Service Board Retained Organs Commission Scientific Committee on Tobacco and Health Scientific Advisory Committee on Nutrition Specialist Advisory Committee on Antimicrobial Resistance Standing Dental Advisory Committee Standing Medical Advisory Committee Standing Nursing and Midwifery Advisory Committee Standing Pharmaceutical Advisory Committee Steering Committee on Pharmacy Postgraduate Education Strategic Health Authorities UK Advisory Panel for Health Care Workers Infected with Bloodborne Viruses United Kingdom Xenotransplantation Interim Regulatory Authority UK Transplant Unrelated Live Transplant Regulatory Authority Home Office Advisory Board on Restricted Patients Advisory Council on the Misuse of Drugs Animal Procedures Committee Central Police Training and Development Authority Commission for Racial Equality Community Development Foundation Correctional Services Accreditation Panel Criminal Cases Review Commission Criminal Injuries Compensation Authority Firearms Consultative Committee Office of the Immigration Services Commissioner Parole Board Poisons Board Police Advisory Board for England and Wales Police Complaints Authority Police Information Technology Organisation Police Negotiating Board Race Relations Forum Regulation of Investigatory Powers Act 2000 Technical Advisory Board Sentencing Advisory Panel Service Authority for the National Crime Squad Service Authority for the National Criminal Intelligence Service Youth Justice Board for England and Wales Department for International Development Commonwealth Scholarship Commission Crown Agents Holding and Realisation Board Overseas Service Pensions Scheme Advisory Board Lord Chancellor’s Department Advisory Committees on General Commissioners of Income Tax Advisory Committees on Justices of the Peace in England and Wales Advisory Council on Public Records Advisory Group on Enforcement Service Delivery Authorised Conveyancing Practitioners Board Children and Family Court Advisory and Support Service Civil Justice Council Civil Procedure Rule Committee Council on Tribunals Crown Court Rule Committee Family Proceedings Rule Committee Insolvency Rules Committee Land Registration Rule Committee Law Commission Legal Services Commission Legal Services Consultative Panel Parliamentary Boundary Commission for England Parliamentary Boundary Commission for Wales Strategic Investment Board Northern Ireland Court Service Legal Aid Advisory Committee Justices of the Peace Advisory Committees Lay Panel Advisory Committee General Commissioners of Income Tax Advisory Committees Northern Ireland Office Boundary Commission for Northern Ireland Criminal Injuries Compensation Appeals Panel for Northern Ireland Equality Commission for Northern Ireland Juvenile Justice Board Northern Ireland Human Rights Commission Northern Ireland Policing Board Probation Board for Northern Ireland The Office of the Police Ombudsman for Northern Ireland Royal Mint Royal Mint Advisory Committee on the Design of Coins, Medals, Seals and Decorations Scotland Office Boundary Commission for Scotland Office of Telecommunications Consumer Communications for England Northern Ireland Advisory Committee on Telecommunications Scottish Advisory Committee on Telecommunications Welsh Advisory Committee on Telecommunications Department of Trade and Industry Advantage West Midlands Advisory Committee on Cleaner Coal Technology Advisory Committee on Work-Life Balance Advisory, Conciliation and Arbitration Service Aerospace Committee Agriculture and Environment Biotechnology Commission Basic Technologies Programme Advisory Group Biotechnology and Biological Sciences Research Council British Coal Corporation British Hallmarking Council British Nuclear Fuels plc British Shipbuilders Business Incubation Fund Investment Panel Coal Authority Competition Commission Consignia Holdings Plc Consumer Council for Postal Services Council for Science and Technology Council for the Central Laboratory of the Research Councils Design Council Director General of Electricity/Gas Supply Director General of Telecommunications Distributed Generation Co-ordination Group East Midlands Development Agency East of England Development Agency Economic and Social Research Council Energy Advisory Panel Engineering and Physical Sciences Research Council Equal Opportunities Commission Ethnic Minority Business Forum Fuel Cells Advisory Panel Fuel Poverty Advisory Group Gas and Electricity Consumer Council Import Parity Price Panel Industrial Development Advisory Board Intellectual Property Advisory Committee International Oil and Gas Business Advisory Board Low Pay Commission Measurement Advisory Committee Medical Research Council National Consumer Council National Research Development Corporation Natural Environment Research Council North West Regional Development Agency One North East Particle Physics and Astronomy Research Council Partnership Fund Assessment Panel Regional Industrial Development Boards Renewable Energy Advisory Committee SITPRO Limited Small Business Investment Taskforce Small Business Council South East England Development Agency South West of England Development Agency Spectrum Management Advisory Group United Kingdom Atomic Energy Authority Women’s National Commission Yorkshire Forward Department for Transport Central Rail Users’ Consultative Committee Civil Aviation Authority Commission for Integrated Transport Disabled Persons Transport Advisory Committee Health and Safety Commission Health and Safety Executive Northern Lighthouse Board Rail Users’ Consultative Committee for Eastern England Rail Users’ Consultative Committee for the Midlands Rail Users’ Consultative Committee for North Eastern England Rail Users’ Consultative Committee for North Western England Rail Users’ Consultative Committee for Scotland Rail Users’ Consultative Committee for Southern England Rail Users’ Consultative Committee for Wales Rail Users’ Consultative Committee for Western England Strategic Rail Authority Trinity House Lighthouse Service Office of the Deputy Prime Minister Advisory Panel on Standards for the Planning Inspectorate Audit Commission for Local Authorities and the National Health Service in England and Wales Building Regulations Advisory Committee Castle Vale Housing Action Trust Commission for the New Towns Community Forum English Partnerships Housing Corporation Liverpool Housing Action Trust Property Advisory Group The Standards Board for England Stonebridge Housing Action Trust Tower Hamlets Housing Action Trust HM Treasury Court of Directors of the Bank of England, with the exception of the Governor and Deputy Governors Public Services Productivity Panel Unit Statistics Commission Department for Work and Pensions Disabled Employment Advisory Committee Disability Living Allowance Advisory Board Disability Rights Commission Industrial Injuries Advisory Council National Employment Panel Occupational Pensions Regulatory Authority Pensions Compensation Board Race Education & Employment Forum Remploy Limited Social Security Advisory Committee National Assembly for Wales Advisory Committee for Wales in relation to the Environment Agency Advisory Panel on Substance Misuse Agricultural Dwelling House Advisory Committees Agricultural Wages Committees Ancient Monuments Board for Wales Arts Council of Wales Care Council for Wales Countryside Council for Wales Health Authorities Higher Education Funding Council for Wales Hill Farming Advisory Sub-Committee for Wales Historic Buildings Council for Wales Independent Appeal Panel for Farmers Library and Information Services Council Local Government Boundary Commission for Wales National Council for Education and Training for Wales National Health Service Trusts National Library for Wales National Museums and Galleries of Wales Qualifications, Curriculum and Assessment Authority for Wales Royal Commission on the Ancient and Historical Monuments of Wales Social Services Inspectorate for Wales Advisory Group Sports Council for Wales Wales Tourist Board Wales New Deal Task Force Welsh Committee for Professional Development of Pharmacy Welsh Dental Committee Welsh Development Agency Welsh Industrial Development Advisory Board Welsh Language Board Welsh Medical Committee Welsh Nursery and Midwifery Committee Welsh Optometric Committee Welsh Pharmaceutical Committee Welsh Scientific Advisory Committee Scottish Executive Accounts Commission for Scotland Advisory Committee on Sites of Special Scientific Interest Ancient Monuments Board for Scotland Building Standards Advisory Committee Caledonian MacBrayne Ltd Central Advisory Committee on Justices of the Peace (Scotland) Clinical Standards Board for Scotland Common Services Agency for the NHS in Scotland Crofters Commission Deer Commission for Scotland Fisheries (Electricity) Committee General Teaching Council for Scotland Hannah Research Institute Health Education Board for Scotland Health Technology Board for Scotland Highlands and Islands Airports Ltd Highlands and Islands Enterprise Hill Farming Advisory Committee for Scotland Historic Buildings Council for Scotland Justices of the Peace Advisory Committees Learning and Teaching Scotland Local Government Boundary Commission for Scotland Loch Lomond and the Trossachs National Park Authority Macaulay Land Use Research Institute Mental Welfare Commission for Scotland Mobility and Access Committee for Scotland Moredun Research Institute National Galleries of Scotland National Library of Scotland National Museums of Scotland National Waiting Times Centre Board NHS Boards NHS Education for Scotland NHS 24 Parole Board for Scotland Rowett Research Institute Royal Botanic Garden, Edinburgh Royal Commission on the Ancient and Historical Monuments of Scotland Royal Fine Art Commission for Scotland Scottish Advisory Committee on Distinction Awards Scottish Advisory Committee on the Medical Workforce Scottish Agricultural Wages Board Scottish Ambulance Service Board Scottish Arts Council Scottish Children’s Reporter Administration Scottish Commission for the Regulation of Care Scottish Conveyancing and Executry Services Board Scottish Criminal Cases Review Commission Scottish Crop Research Institute Scottish Enterprise Scottish Environment Protection Agency Scottish Further Education Funding Council Scottish Higher Education Funding Council Scottish Homes Scottish Hospital Endowments Research Trust Scottish Hospital Trust Scottish Industrial Development Advisory Board Scottish Law Commission Scottish Legal Aid Board Scottish Medical Practices Committee Scottish Natural Heritage Scottish Qualifications Authority Scottish Records Advisory Council Scottish Screen Scottish Social Services Council Scottish Sports Council Scottish Tourist Board Scottish Water State Hospitals Board for Scotland Water Industry Commissioner for Scotland Explanatory Note (This note is not part of the Order) This Order consolidates with amendments the Public Appointments Order in Council 1995 and the Public Appointments Order in Council 1998. It sets out the duties and powers of the Commissioner for Public Appointments. The principal provisions of the Order are: (a) Article 2 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. (b) Article 3 which requires the Commissioner to publish an annual report. (c) Article 4 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, and may make arrangements with the Commissioner for Public Appointments in Northern Ireland for the discharge of any of that person’s functions by the Commissioner. (d) the Schedule which lists the public bodies covered by the Order (apart from any which the Minister has added by instrument in writing). The principal changes to the 1995 and 1998 Orders are that: (a) the Minister for the Cabinet Office may by instrument in writing specify bodies in addition to those listed in the Schedule (and may likewise remove bodies from the scope of the Order) and may similarly apply the provisions of the Order to provisional appointments made before a body exists in law or has been so specified by the Minister. (b) public appointments include re-appointments or extensions to existing appointments. (c) the functions of the Commissioner have been amended so as to refer to promotion of equality of opportunity and the recruitment and training of independent assessors who may advise or act for appointing authorities. (d) the Schedule has been up-dated. This Order applies to appointments made by Scottish Ministers and by the National Assembly for Wales as well as to appointments made by UK Ministers. (a) The 1995 Order is printed in the Statutory Rules of Northern Ireland 1995, Part II, page 3586. It has been amended by the Commissioner for Public Appointments (Amendment) Order (Northern Ireland) 2001. (b) 1978 c. 30.