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Public Service (Ethics, Integrity and Independence) Bill [HL]

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A bill to Make provision about mechanisms for promoting and protecting standards of integrity and ethics in the public service; to make provision about appointments to the House of Lords and the House of Lords Appointments Commission; and for connected purposes.

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1 — Ministerial standards

1 Appointment of the Independent Adviser on Ministers’ Conduct and Interests

(1) There is to be an Independent Adviser on Ministers’ Conduct and Interests (“the Independent Adviser”).
(2) The Independent Adviser is to be appointed by the Prime Minister.
(3) The Prime Minister must make the appointment following a selection process as set out in Schedule 1.
(4) Schedule 1 (which is about the Independent Adviser) has effect.

2 The Ministerial Code

(1) The Prime Minister must publish the Ministerial Code, which must set out the standards of conduct expected of Ministers based on the Principles of Public Life.
(2) The Prime Minister must keep the Ministerial Code under review and revise it from time to time.
(3) In preparing or revising the Ministerial Code, the Prime Minister must publish a draft of the Code.
(4) The Prime Minister must consult the Independent Adviser, and the appropriate committee of the House of Commons, about the draft Code or revisions to the Code.
(5) The Prime Minister must lay the Ministerial Code, and any revised versions of the Code, before Parliament.
(6) Compliance with the Ministerial Code must be monitored, audited and reported on by the Independent Adviser.

3 Functions of the Independent Adviser: advice on recording relevant interests under the Ministerial Code

(1) The Independent Adviser must prepare and publish a list recording the relevant interests of Ministers at least twice a year.
(2) Relevant interests include all those interests which might conflict, or might appear to conflict, with a Minister’s public duties.
(3) Such interests may include financial interests, shareholdings, directorships, pensions, property, affiliations with charities and non-profit organisations, and recent previous employment.
(4) Relevant interests may include the interests of a spouse or partner, and of the parents, children, grandchildren or siblings of a Minister.
(5) A Minister must, within 14 days of appointment to each new office, provide to the Independent Adviser a full list of interests which might give rise to a conflict with the Minister’s public duties.
(6) A Minister must provide the Independent Adviser with any other information which the Independent Adviser reasonably requires.
(7) The Independent Adviser must review any information provided by a Minister and may, in confidence, provide advice to that Minister on any action that should be taken by the Minister in order to avoid a conflict, or the appearance of a conflict of interest.
(8) A Minister must provide the Independent Adviser with a record of what action has been taken in response to the advice.
(9) The Independent Adviser may require a Minister to publish information relating to adherence to the Ministerial Code.
(10) Schedule 2 (about the powers of the Independent Adviser to require information) has effect.

4 Functions of the Independent Adviser: investigations

(1) If requested to do so by the Prime Minister, the Independent Adviser must investigate conduct that is potentially contrary to the Ministerial Code.
(2) In any other case, the Independent Adviser may investigate conduct where it appears to the Adviser that a Minister may have acted contrary to the Ministerial Code.
(3) The Independent Adviser must report the result of an investigation to the Prime Minister, and may advise whether there has been a breach of the Ministerial Code.
(4) If the Prime Minister determines that there has been a breach of the Ministerial Code, the Independent Adviser may recommend in confidence to the Prime Minister what sanction should be considered as a result.
(5) The decision on whether a Minister remains in office is for the Prime Minister, as the ultimate judge of the standards of behaviour expected of a Minister and the appropriate consequences of a breach of those standards.
(6) Following an investigation, the Independent Adviser may require that any advice provided to the Prime Minister on the result of the investigation is published in a timely manner.

5 Reports of the Independent Adviser

(1) The Independent Adviser must prepare an annual report on the performance of their functions, which must—
(a) set out information about the work carried out by the Independent Adviser during the year, and
(b) include observations on matters relating to the role of the Independent Adviser.
(2) The Independent Adviser must publish the annual report on their website, and give a copy of the report to the Prime Minister, who must lay the report before Parliament.

Part 2 — Public appointments

6 Appointment of the Commissioner for Public Appointments

(1) There is to be a Commissioner for Public Appointments (“the Commissioner”).
(2) His Majesty may appoint a person as the Commissioner on the recommendation of the Minister for the Cabinet Office.
(3) The Minister for the Cabinet Office must make a recommendation following a selection process as set out in Schedule 1.

7 Public Appointments Code

(1) The Minister for the Cabinet Office must publish the Public Appointments Code (“the Code”), which must set out the Principles of Public Appointments and the process for public appointments made to bodies listed in Schedules 3 (bodies and offices regulated by the Commissioner for Public Appointments) and 4 (specified employee posts which are to be public appointments).
(2) The Minister for the Cabinet Office must keep the Code under review and revise it from time to time.
(3) In preparing or revising the Code, the Minister must publish a draft of the Code.
(4) The Minister must consult the Commissioner, and the appropriate committee of the House of Commons, about the draft Code or revisions to the Code.
(5) The Minister for the Cabinet Office must lay the Code, and any revised versions of the Code, before Parliament.
(6) Compliance with the Code must be monitored, audited and reported on by the Commissioner.
(7) The Minister for the Cabinet Office may by regulations amend Schedule 3 (bodies and offices regulated by the Commissioner for Public Appointments) or Schedule 4 (specified employee posts which are to be public appointments) to add a reference to any body or the holder of any office which (in either case) is not for the time being listed in the Schedule.
(8) A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(9) Schedule 3 and Schedule 4 have effect.

8 Functions of the Commissioner for Public Appointments

(1) The Commissioner must exercise their functions under this Act with the object of ensuring that appointing authorities act in accordance with the Code, including the Principles of Public Appointments.
(2) The Commissioner must, in any manner they think fit, carry out an audit of the procedures and practices followed in connection with making public appointments, including the interpretation and application of the Code, and the Principles of Public Appointments.
(3) Procedures and practices include those followed by the appointing authority or by any panel or other person appointed to advise the appointing authority in relation to the public appointment.
(4) The Commissioner may conduct an investigation into any aspect of public appointments with the object of improving their quality.
(5) The Commissioner may conduct an inquiry into the procedures and practices followed by an appointing authority in relation to any public appointment whether in response to a complaint or otherwise.
(6) The Commissioner may require appointing authorities to publish specified summary information relating to public appointments.
(7) Appointing authorities must provide the Commissioner with any information the Commissioner reasonably requires.
(8) The Commissioner must report the result of an audit, investigation or inquiry to the Minister for the Cabinet Office.
(9) The Commissioner may publish the report of an audit, investigation or inquiry after it has been submitted to the Minister.
(10) Schedule 2 makes provision about the Commissioner’s powers to require information.

9 Reports of the Commissioner for Public Appointments

(1) The Commissioner must, as soon as practicable after the end of each financial year, prepare an annual report on public appointments.
(2) The Commissioner must publish the annual report on their website, and give a copy of the report to the Minister for the Cabinet Office, who must lay the report before Parliament.

Part 3 — Standards in public life

10 Appointment of the Commission on Standards in Public Life

(1) There is to be a Commission on Standards in Public Life (“the CSPL”).
(2) The CSPL is to consist of eight members.
(3) One of those is to be the Chair of the Commission, appointed under Schedule 5.
(4) Four Commissioners (“the independent members”) are to be appointed under Schedule 5.
(5) Three Commissioners (“the political members”) are to be appointed under Schedule 5.
(6) Schedule 5 (which is about the CSPL) has effect.

11 Functions of the Commission on Standards in Public Life

(1) The CSPL has the following functions—
(a) to keep under review the standards of conduct of all those working in public service, and make recommendations as to any changes which might be required to ensure the highest standards in public life,
(b) to ensure that the system for regulating conduct in public life is transparent and comprehensible, including by providing a website portal that explains what the different ethical regulators do and how they relate to each other,
(c) to convene regular meetings of the other ethical regulators at least four times a year, to share best practice, identify common problems, and listen to their concerns, and
(d) to be a collective voice for the other ethical regulators, as part of its wider role in upholding standards in public life.
(2) “Ethical regulators” are defined in section 34.
(3) Those working in public service includes all elected and appointed officials, the civil service, local government, the armed forces, the health service, judges and court officials, the police and all other public bodies.
(4) The CSPL may not investigate individual complaints, or inquire into concerns about an individual person’s conduct.

12 Reports of the Commission on Standards in Public Life

(1) The CSPL must prepare an annual report on its activities, and publish the report on its website.
(2) The CSPL must give a copy of the report to the Minister for the Cabinet Office, who must lay the report before Parliament.

Part 4 — Appointments to the House of Lords

13 Appointment of the House of Lords Appointments Commission

(1) There is to be a House of Lords Appointments Commission (“HOLAC”).
(2) HOLAC is to consist of seven members.
(3) One of those is to be the Chair of HOLAC appointed under Schedule 5.
(4) Three Commissioners (“the independent members”) are to be appointed under Schedule 5.
(5) Three Commissioners (“the political members”) are to be appointed under Schedule 5.
(6) Schedule 5 makes further provision about HOLAC.

14 Functions of the House of Lords Appointments Commission

(1) HOLAC has two main functions—
(a) to select and nominate suitable people to sit on the crossbenches in the House of Lords, and
(b) to advise the Prime Minister about the probity and suitability of all people nominated to sit in the House of Lords, including those nominated by the political parties.
(2) In selecting people to sit on the crossbenches, and in advising the Prime Minister about the suitability of people nominated to sit in the House of Lords, HOLAC must have regard to increasing the diversity of the House of Lords, as defined in section 17(2)(b).

15 Selection of future crossbenchers

(1) HOLAC must—
(a) at least once a year, invite applications from and nominations of people to be considered as candidates to sit on the crossbenches in the House of Lords,
(b) maintain a list of suitable candidates, following competition based on merit and their ability to make a significant contribution to the work of the House, and
(c) submit such number of suitable names to the Prime Minister each calendar year and at such timing as the Prime Minister may determine.
(2) The Prime Minister must appoint a minimum of two candidates in each calendar year from the list of suitable candidates submitted to the Prime Minister by HOLAC under subsection (1)(c).
(3) In addition to appointments under subsection (2), the Prime Minister may in any one Parliament nominate up to ten former public servants to sit on the crossbenches.

16 Advice on the propriety of nominations

(1) HOLAC must—
(a) make inquiries about the probity of all people nominated for peerages, based on their standing in the community and with the regulatory authorities, and the risk that their past conduct might bring the House of Lords into disrepute,
(b) require those nominating candidates for peerages to submit a written statement in support of the nomination,
(c) require the nominee to submit a written statement about their potential contribution to the work of the House of Lords, and
(d) advise the Prime Minister about the probity and suitability of each nominee.
(2) If HOLAC advises against an appointment, the Prime Minister may not proceed with recommending that appointment to His Majesty.

17 Reports of the House of Lords Appointments Commission

(1) HOLAC must prepare an annual report on its activities, and publish the report on its website.
(2) The annual report must include—
(a) information about nominations to the crossbenches, and inquiries made and advice submitted about the propriety and suitability of other nominees, and
(b) an analysis of diversity in the House of Lords, to include diversity of professional experience, geographic diversity, and gender and ethnic diversity.
(3) HOLAC must give a copy of the report to the Minister for the Cabinet Office, who must lay the report before Parliament.

Part 5 — Business appointments

18 Appointment of the Commission on Business Appointments

(1) There is to be a Commission on Business Appointments (“COBA”).
(2) COBA is to consist of nine members.
(3) One of those is to be the Chair of COBA appointed under Schedule 5.
(4) Five Commissioners (“the independent members”) are to be appointed under Schedule 5.
(5) Three Commissioners (“the political members”) are to be appointed under Schedule 5.
(6) Schedule 5 makes further provision about COBA.

19 Business Appointment Rules

(1) The Minister for the Cabinet Office must publish the Business Appointment Rules (“the Rules”), which may impose restrictions on the future employment of ministers, civil servants and Crown servants to ensure no conflicts of interest arise.
(2) The Minister for the Cabinet Office must keep the Rules under review and revise them from time to time.
(3) In preparing or revising the Rules, the Minister for the Cabinet Office must consult COBA, and the appropriate committee of the House of Commons.
(4) The Minister for the Cabinet Office must lay the Rules before Parliament.
(5) COBA must ensure compliance with the Rules.

20 Functions of the Commission on Business Appointments

COBA has the following functions—
(a) to consider requests from former ministers, senior civil servants and Crown servants at the level of SCS3 and above (“applicants”) to take up appointments after leaving government service,
(b) to monitor and audit the implementation of the Rules by government departments to civil servants below the level of SCS3, and
(c) to provide training to government departments about the Rules and their application.

21 Specific powers of the Commission on Business Appointments

(1) COBA may—
(a) require applicants not to take up an appointment,
(b) impose conditions to reduce the risk of conflicts of interest,
(c) impose penalties in the event of non-compliance, and
(d) seek injunctions to prevent or to terminate an appointment, or to ensure compliance with conditions.
(2) COBA may exercise these powers in relation to the applicants, or their prospective or actual employers.

22 Offences

(1) If a person fails to comply with any prohibition on an appointment, or conditions imposed by COBA in relation to an appointment, an offence is committed by—
(a) the person, and
(b) any person, partnership or body corporate employing that person, or offering to employ that person.
(2) It is a defence for a person charged under subsection (1) to show that the person exercised all due diligence to avoid committing the offence.
(3) A person guilty of an offence under subsection (1) is liable—
(a) on summary conviction in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum;
(b) on summary conviction in England and Wales, or on conviction on indictment, to a fine.
(4) Proceedings for an offence under this Part may be instituted—
(a) in England and Wales, only by or with the consent of the Director of Public Prosecutions;
(b) in Northern Ireland, only by or with the consent of the Director of Public Prosecutions for Northern Ireland.

23 Bodies corporate and Scottish partnerships

(1) Where an offence under this Part is committed by a body corporate and is proved—
(a) to have been committed with the consent or connivance of a director, manager, secretary or other similar officer, or
(b) to be attributable to any neglect on the part of any such individual,
the individual as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and omissions of a member in connection with that management as if the member were a director of the body corporate.
(3) Where an offence under this Part is committed by a partnership constituted under the law of Scotland and is proved—
(a) to have been committed with the consent or connivance of a partner, or
(b) to be attributable to any neglect on the part of any such individual,
the individual as well as the partnership is guilty of the offence and is liable to be proceeded against and punished accordingly.

24 Civil penalties

(1) COBA may impose a civil penalty on a person (in accordance with sections 25 and 26) if COBA is satisfied that the person’s conduct amounts to an offence under subsection (1) of section 22.
(2) For this purpose—
(a) section 22(2) (defence of due diligence) is to be ignored, and
(b) a person’s conduct includes a failure to act.

25 Notice of intention to impose civil penalty

(1) Before imposing a civil penalty on a person, COBA must serve on that person a notice stating that COBA proposes to impose the penalty.
(2) The notice must—
(a) set out the conduct on which the proposal to impose the penalty is based,
(b) set out the reasons why COBA is satisfied that the person has engaged in that conduct,
(c) state the amount of the proposed penalty, and
(d) inform the person that the person may, within a period specified in the notice, make written representations in relation to the proposal.
(3) COBA must not impose the penalty before the end of the period specified under subsection (2)(d).
(4) COBA must consider any written representations received before the end of that period.

26 Imposition of penalty

(1) If COBA decides to impose a civil penalty, COBA must serve on the person a notice to that effect (a “penalty notice”).
(2) The notice must—
(a) set out the conduct on which the decision to impose the penalty is based,
(b) set out the reasons why COBA is satisfied that the person has engaged in that conduct,
(c) state the amount of the penalty,
(d) specify the period within which and the form in which the penalty must be paid, and
(e) contain particulars of the right to appeal under section 27.
(3) The amount specified in a penalty notice must not exceed £7,500.
(4) The Secretary of State may by regulations made by statutory instrument amend subsection (3) by substituting a different maximum figure.
(5) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(6) The period specified under subsection (2)(d) must not end before the end of the period within which an appeal under section 27 can be brought.
(7) The person must pay the amount before the end of that period (but this is subject to section 27(2)).
(8) Where a penalty notice has been served on a person, COBA may vary or cancel it by serving written notice to that effect on the person.

27 Right to appeal against imposition of civil penalty

(1) A person on whom a penalty notice has been served under this Act may appeal to the Tribunal against—
(a) the decision to impose the penalty;
(b) if the penalty notice has been varied, the decision to vary it;
(c) the amount of the penalty.
(2) If an appeal is brought under this section, the person is not required to pay the penalty until the date on which the appeal is finally determined or withdrawn.
(3) The Secretary of State may by regulations made by statutory instrument make provision for and in connection with the determination of appeals under this section.
(4) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

28 Civil penalties and criminal proceedings

(1) COBA may not impose a civil penalty on a person in respect of any conduct—
(a) at any time after criminal proceedings for an offence under this Part have been instituted against the person in respect of that conduct and before those proceedings have been concluded, or
(b) after the person has been convicted of an offence under this Part in respect of that conduct.
(2) If COBA has imposed a civil penalty on a person in respect of any conduct, the person may not be convicted of an offence under this Part in respect of that conduct.

29 Enforcement

(1) An amount payable to COBA as a civil penalty may be recovered by COBA as a debt.
(2) In proceedings for the enforcement of a civil penalty no question may be raised as to—
(a) liability to the imposition of the penalty, or
(b) the amount of the penalty.
(3) COBA must pay into the Consolidated Fund any sums received by virtue of a penalty notice.

30 Further provision about civil penalties

(1) The Secretary of State may by regulations made by statutory instrument make further provision about civil penalties; and in particular may—
(a) specify circumstances in which a penalty may not be imposed;
(b) specify steps that COBA must take before imposing a penalty;
(c) set a minimum for the period which must be specified under section 25(2)(d) or 26(2)(d);
(d) require other matters to be specified in a notice under either of those sections;
(e) specify a maximum period that may elapse between the service of a notice under section 25 and the service of a penalty notice under section 26;
(f) provide for the reviewing of a decision to impose a penalty;
(g) make provision about the variation or cancellation under section 26(8) of penalty notices;
(h) impose duties on COBA about the keeping of accounts and other records in relation to penalties;
(i) allow for the charging of interest, or an additional penalty, if a penalty is paid late.
(2) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

31 Guidance

(1) COBA may give guidance about how COBA proposes to exercise the functions under this Part.
(2) COBA may do so, in particular, by publishing guidance—
(a) as to cases which COBA would, or would not, regard as falling within any of the restrictions in the Business Appointment Rules;
(b) as to the circumstances in which COBA would consider it appropriate to impose a civil penalty;
(c) about how the amount of a civil penalty will be determined.
(3) COBA may publish—
(a) revisions to any guidance published under this section;
(b) replacement guidance.
(4) Publication under this section is to be—
(a) on a website, and
(b) in such other form or forms as COBA considers appropriate.

32 Charges

(1) COBA may impose charges for or in connection with the making of applications to COBA.
(2) The charges are to be determined by or in accordance with regulations made by the Secretary of State by statutory instrument.
(3) In making the regulations, the Secretary of State must seek to ensure that the total paid to COBA in charges is sufficient to offset the total of the costs incurred by COBA in exercising the functions under this Part (whether or not those costs are directly connected with considering applications).
(4) If a charge imposed for making an application to COBA is not paid, COBA may treat the application as not having been made.
(5) COBA must pay into the Consolidated Fund any sums received in respect of charges under this section.
(6) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

33 Reports of the Commission on Business Appointments

(1) COBA must prepare an annual report on its activities.
(2) The annual report must include—
(a) information about the applications received by COBA, and their outcome;
(b) an audit of the implementation of the Rules by government departments.
(3) COBA must publish the report on their website, and give a copy of the report to the Minister for the Cabinet Office, who must lay a copy of the report before Parliament.

Part 6 — Final provisions

34 Interpretation

In this Act—
Appointing authority means the person with the power to make a public appointment listed in Schedule 3 or Schedule 4, or where the appointment is made by His Majesty, the person with power to make the recommendation to His Majesty;
Appropriate committee of the House of Commons means the select committee which for the time being scrutinises the work of the Cabinet Office;
Ethical regulators means the Commission on Business Appointments, Civil Service Commission, Commissioner for Public Appointments, Comptroller and Auditor General, Electoral Commission, Equality and Human Rights Commission, House of Lords Appointments Commission, Independent Adviser on Ministers’ Conduct and Interests, Information Commissioner, Independent Parliamentary Standards Authority, Lords Commissioner for Standards, Parliamentary and Health Service Ombudsman, Parliamentary Standards Commissioner, Registrar of Consultant Lobbyists, UK Statistics Authority;
The Principles of Public Appointments are ministerial responsibility, selflessness, integrity, merit, openness, diversity, assurance and fairness, as detailed in section 2 of the Governance Code on Public Appointments published on 8 February 2024;
The Principles of Public Life are those first published by the Committee on Standards in Public Life on 31 May 1995, and any subsequent revisions of the Principles.

35 Commencement

(1) This section come into force on the day on which this Act is passed.
(2) The remaining provisions of this Act come into force at the end of the period of three months beginning with the day on which it is passed.

36 Extent

This Act extends to England and Wales, Scotland and Northern Ireland.

37 Short title

This Act may be cited as the Public Service (Ethics, Integrity and Independence) Act 2025.

Schedules

Schedule 11 — The Independent Adviser and the Commissioner for Public Appointments

Application to Independent Adviser and Commissioner for Public Appointments

1 The provisions of this Schedule apply equally to the Independent Adviser and the Commissioner for Public Appointments, except where stated otherwise. In this Schedule they are referred to as “the office holder”.
2 In this Schedule, “the office holder” means—
(a) as this Schedule applies to the Independent Adviser on Ministers’ Conduct and Interests, that Adviser, and
(b) as it applies to the Commissioner for Public Appointments, that Commissioner.

Appointment process

3
(1) A person’s selection for recommendation as the office holder must be on merit on the basis of fair and open competition.
(2) A person’s selection as the office holder must be in accordance with the process for significant appointments as set out in the Public Appointments Code, with a majority of independent members on the assessment panel and a senior independent panel member.

Terms and conditions of appointment

4 A person appointed as the office holder holds office—
(a) for a single non-renewable term of five years from the date of appointment, and
(b) in accordance with terms and conditions (including as to remuneration and pension) specified by the Minister for the Cabinet Office.
5
(1) The office holder may resign from office by giving written notice to the Prime Minister.
(2) The office holder may be removed from office by the Prime Minister in pursuance of an Address from the House of Commons, pursuant to a report of the appropriate committee of the House of Commons as defined in its Standing Orders presented to the House of Commons stating that the committee is satisfied that one or more of the following grounds is made out—
(a) the office holder has failed to discharge the functions of their office for a continuous period of at least three months;
(b) the office holder has failed to comply with the terms of their appointment;
(c) the office holder has been convicted of a criminal offence; (d) the office holder is otherwise unfit to hold their office or unable to carry out its functions.

Additional functions of the office holder

6
(1) The Prime Minister and the office holder may agree that the office holder is to carry out functions in addition to those under the other provisions of this Schedule.
(2) The office holder is to carry out those additional functions accordingly.

General powers of the office holder

7 The office holder may do anything calculated to facilitate, or incidental or conducive to, the Powers of delegation carrying out of any of their functions.

Powers of delegation

8
(1) The office holder may delegate functions, powers and duties to—
(a) a member of the office holder’s staff, or
(b) any other person.
(2) A delegation does not prevent the office holder from doing anything personally.
(3) A delegation does not prevent the office holder’s functions, powers and duties from remaining the responsibility of the office holder.

Financial provision for the office holders

9 The Minister for the Cabinet Office must pay to the office holder the sums determined by the Minister as appropriate for, or in connection with, the carrying out of the office holder’s functions.

Arrangements for assistance to the officer holders

10
(1) The office holder may make arrangements with other persons for the provision of assistance to the office holders.
(2) In particular, arrangements may be made with the Minister for the Cabinet Office for civil servants to provide assistance.

Status of the office holder

11
(1) The office holder is a corporation sole.
(2) The office holder is not to be regarded—
(a) as the servant or agent of the Crown, or
(b) as enjoying any status, immunity or privilege of the Crown.

Documentary evidence

12
(1) The application of the office holder's seal is to be authenticated by the signature of any of the following—
(a) the office holder;
(b) a member of the office holder’s staff;
(c) any person authorised (whether generally or specifically) for the purpose by the office holder.
(2) A document purporting to be duly executed under the office holder's seal or signed on their behalf—
(a) is to be received in evidence, and
(b) is to be taken to be executed or signed in that way, unless the contrary is proved.
(3) This paragraph does not extend to Scotland.

Amendment of other enactments

13 In Part VI of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices which are public authorities), at the appropriate place insert The Independent Adviser on Ministers’ Conduct and Interests.
14 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments and authorities subject to investigation), at the appropriate places insert The Independent Adviser on Ministers’ Conduct and Interests” and “The Commissioner for Public Appointments.
15 In Schedule 1 to the Public Records Act 1958 (definition of public records) at the appropriate places in Part 2 (other establishments and organisations) insert The Independent Adviser on Ministers’ Conduct and Interests” and “The Commissioner for Public Appointments.

Schedule 22 — Information Powers of the Independent Adviser and the Commissioner for Public Appointments

1
(1) The Independent Adviser and the Commissioner for Public Appointments may require a person—
(a) to provide documents in the person’s possession or control;
(b) to provide other information in the person’s possession or control.
(2) A requirement is imposed by giving a written notice specifying—
(a) to whom the information is to be provided;
(b) where it is to be provided;
(c) when, or the time by which, it is to be provided;
(d) the form and manner in which it is to be provided.
(3) A notice must also explain the possible consequences of failing to comply.
(4) A person may not be required under this paragraph to do anything that the person could not be compelled to do in civil proceedings before—
(a) the High Court in England and Wales or Northern Ireland, or
(b) the Court of Session in Scotland.
2
(1) It is an offence for a person intentionally to fail to comply with a requirement under this Schedule.
(2) It is a defence for a person charged with that offence to prove that there was a reasonable excuse for the person’s failure.
3 It is an offence for a person knowingly to provide false information in response to a requirement under this Schedule.
4 A person guilty of an offence under this Schedule is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.

Schedule 33 — Bodies and Offices Regulated by the Commissioner for Public Appointments

Attorney General’s Office

Her Majesty’s Crown Prosecution Service Inspectorate

Department for Business, Energy and Industrial Strategy

Advisory, Conciliation and Arbitration Service

British Business Bank, Chair only

British Hallmarking Council

Central Arbitration Committee

Certification Officer

Civil Nuclear Police Authority

Coal Authority

Committee on Climate Change

Committee on Fuel Poverty

Committee on Radioactive Waste Management

Competition and Markets Authority Board

Competition Appeal Tribunal

Competition Service Electricity Settlements Company Ltd, Chair and Senior Independent Director only

Financial Reporting Council

Gas and Electricity Markets Authority

Groceries Code Adjudicator

Labour Market Enforcement Director

Land Registry

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

Low Pay Commission

National Nuclear Laboratory

National Physical Laboratory (NPL) Management Ltd, Chair only

Nuclear Decommissioning Authority

Nuclear Liabilities Fund

Oil and Gas Authority, Chair only

Ordnance Survey, Chair only

Post Office Ltd, Chair only

Pubs Code Adjudicator and Deputy Pubs Code Adjudicator

Regulatory Policy Committee

Small Business Commissioner

UK Atomic Energy Authority

UK Research and Innovation

Cabinet Office

Advisory Committee on Business Appointments, excluding political members

Boundary Commission for England

Boundary Commission for Wales

Civil Service Pensions Board

Committee on Standards in Public Life, excluding political appointments

Equality and Human Rights Commission

House of Lords Appointment Commission, excluding political members

Office of the Registrar of Consultant Lobbyists

Security Vetting Appeals Panel

Senior Salaries Review Body

UK Statistics Authority Board

Department for Digital, Culture, Media and Sport

The Advisory Council on National Records and Archives

Arts Council England

Big Lottery Fund (The National Lottery Community Fund)

Birmingham Organising Committee for the 2022 Commonwealth Games Ltd

British Broadcasting Corporation

British Film Institute

British Library

British Museum

Charity Commission for England and Wales

Gambling Commission

Geffrye Museum

Historic Buildings and Monuments Commission for England

Historic Royal Palaces

Horniman Public Museum and Public Park Trust

Horserace Betting Levy Board

Imperial War Museum

Information Commissioner

National Citizen Service Trust

National Gallery

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

National Museums Liverpool

National Portrait Gallery

Natural History Museum

Office of Communications (OFCOM)

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

Royal Armouries

Royal Museums Greenwich

Science Museum Group

Sianel Pedwar Cymru (S4C)

Sport England

Sports Grounds Safety Authority

Tate

The Royal Parks

Theatres Trust

Treasure Valuation Committee

UK Sport

United Kingdom Anti-Doping Ltd

Victoria and Albert Museum

VisitBritain

VisitEngland

Wallace Collection

Department for Education

Adoption and Special Guardianship Leadership Board, Chair only

Child Safeguarding Practice Review Panel

Children’s Commissioner for England

Construction Industry Training Board

Engineering Construction Industry Training Board

Film Industry Training Board

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

Education Commissioner only

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

Independent Assessors for Student Finance, Appeals and Complaints

Institute for Apprenticeships and Technical Education

LocatEd

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

Office for Students

Office of Qualifications and Examinations Regulation (Ofqual)

Residential Care Leadership Board, Chair only

School Teachers’ Review Body

Social Mobility Commission

Social Work England

Student Loans Company Ltd

Department for Environment, Food and Rural Affairs

Advisory Committee on Releases to the Environment

Agriculture and Horticulture Development

Board British Wool Marketing Board

Broads Authority

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

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

Consumer Council for Water

Covent Garden Market Authority

Environment Agency

Forestry Commission

Joint Nature Conservation Committee

Marine Management Organisation

National Park Authorities, with the exception of parish members

Natural England

Regional Flood and Coastal Committees, Chair only

Royal Botanic Gardens, Kew

Science Advisory Council

Sea Fish Industry Authority

Water Services Regulation Authority (OFWAT)

Department for Transport

British Transport Police Authority

Civil Aviation Authority

Disabled Persons Transport Advisory Committee

Dover Harbour Board, Chair only

East West Rail Company

Harwich Haven Authority, Chair only

Highways England, Chair only

HS2 Ltd

Independent Commission on Civil Aviation Noise

London and Continental Railways Ltd

Milford Haven Port Authority, Chair only

Network Rail, Chair only

Office of Rail and Road

Port of London Authority, Chair only Port of Tyne Authority, Chair only

Traffic Commissioners

Transport Focus

Department for Work and Pensions

BPDTS Ltd

Health and Safety Executive

Industrial Injuries Advisory Council

Money and Pensions Service

National Employment Savings Trust

Office for Nuclear Regulation

Pension Protection Fund, Chair only

Pension Protection Fund Ombudsman

Pensions Ombudsman

Pensions Regulator

Social Security Advisory Committee

Department of Health and Social Care

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

Advisory Committee on Resource Allocation, Chair only

British Pharmacopoeia Commission

Care Quality Commission

Commission on Human Medicines

Committee on Mutagenicity of Chemicals in Food, Consumer Products and the Environment

Food Standards Agency

Health and Social Care Information Centre (NHS Digital)

Health Education England

Health Research Authority

Human Fertilisation and Embryology Authority

Human Tissue Authority

Independent Reconfiguration Panel

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

National Data Guardian

National Institute for Health and Care Excellence

NHS Blood and Transplant

NHS Business Services Authority

NHS Commissioning Board (NHS England)

NHS Counter Fraud Authority

NHS Litigation Authority (NHS Resolution)

NHS Pay Review Body

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

NHS Trusts

Office for Strategic Coordination of Health Research, Chair only

Review Body on Doctors’ and Dentists’ Remuneration

Export Credits Guarantee Department (UK Export Finance)

Export Guarantee Advisory Council

Foreign and Commonwealth and Development Office

CDC Group Plc

Commonwealth Scholarship Commission

Great Britain-China Centre

Independent Commission for Aid Impact

Marshall Aid Commemoration Commission

Westminster Foundation for Democracy

HM Treasury

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

Governors

Crown Estate Commissioners

Financial Conduct Authority

National Savings and Investments

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

UK Government Investments

Home Office

Advisory Council on the Misuse of Drugs

Animals in Science Committee

Appointed Person under the Proceeds of Crime Act 2002

Biometric and Forensics Ethics Group

College of Policing Board of Directors

Commissioner for the Retention and Use of Biometric Material

Disclosure and Barring Service

Forensic Science Regulator

Gangmasters and Labour Abuse Authority

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

Independent Anti-Slavery Commissioner

Independent Chief Inspector of Borders and Immigration

Independent Family Returns Panel

Independent Monitor of the Disclosure and Barring Service

Independent Office for Police Conduct

Independent Reviewer of Terrorism Legislation

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

Migration Advisory Committee

National Crime Agency Remuneration Review Body

Office of the Immigration Services Commissioner

Police Advisory Board for England and Wales

Police Remuneration Review Body

Security Industry Authority

Surveillance Camera Commissioner

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

Ministry of Defence

Armed Forces Pay Review Body

Defence Nuclear Safety Committee

Independent Medical Expert Group

Independent Monitoring Board for the Military Corrective Training Centre

Nuclear Research Advisory Council

Oil and Pipelines Agency

Royal Air Force Museum

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

Service Complaints Ombudsman

Single Source Regulations Office

Veterans Advisory and Pensions Committees

Ministry of Housing, Communities and Local Government

Architects Registration Board

Building Regulation Advisory Committee Commission for Local Administration in England(Local Government and Social Care Ombudsman)

Ebbsfleet Development Corporation

Homes England

Leasehold Advisory Service (LEASE)

Regulator of Social Housing

The Housing Ombudsman

Valuation Tribunal Service

Ministry of Justice

Advisory Committees on Justices of the Peace

Advisory Council on Conscientious Objectors

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

Children and Family Court Advisory and Support Service

Civil Justice Council

Civil Procedure Rule Committee

Commissioner for Victims and Witnesses (Victims’ Commissioner)

Court Examiners

Court of Protection Visitors

Criminal Cases Review Commission

Criminal Procedure Rule Committee

Family Procedure Rule Committee

His Majesty’s Chief Inspector of Prisons

His Majesty’s Chief Inspector of Probation

Independent Advisory Panel on Deaths in Custody

Independent Monitoring Board of any prison or young offender institution

Insolvency Rules Committee

Judicial Appointments and Conduct Ombudsman

Judicial Appointments Commission

Judicial Pension Board, independent Chair and independent members only

Law Commission, with the exception of the Chair

Legal Services Board

Multi-Agency Public Protection Arrangements Lay Advisers

National Chair of the Independent Monitoring Boards

National Mental Capacity Forum, Chair only

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

Parole Board, with the exception of judicial members

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

Prisoner Escort and Custody Services Lay Observers

Prisons and Probation Ombudsman

Prison Service Pay Review Body

Sentencing Council for England and Wales

Tribunal Procedure Committee

Youth Justice Board for England and Wales

Northern Ireland Office

Boundary Commission for Northern Ireland

Chief Electoral Officer for Northern Ireland

Equality Commission for Northern Ireland

Northern Ireland Human Rights Commission

Parades Commission for Northern Ireland

Scotland Office

Boundary Commission for Scotland

Welsh Government

Advisory Panel to the Welsh Language Commissioner

Agricultural Advisory Panel for Wales

All Wales Medicines Strategy Group

All Wales Programme Monitoring Committee for the European Structural Funds

Amgueddfa Cymru - National Museum of Wales

Aneurin Bevan Community Health Council

Aneurin Bevan University Local Health Board

Animal Health and Welfare Framework Group

Arts Council of Wales

Betsi Cadwaladr Community Health Council

Betsi Cadwaladr University Health Board

Board of Community Health Councils

Brecon Beacons National Park Authority

Cardiff & Vale Community Health Council

Cardiff & Vale University Health Board

Career Choices Dewis Gyrfa

Children’s Commissioner for Wales

Commissioner for Older People in Wales

Cwm Taf Morgannwg Community Health Council

Cwm Taf Morgannwg University Local Health Board

Design Commission for Wales

Education & Skills Ministerial Advisory Group

Education Workforce Council

Future Generations Commissioner

Health Education Improvement Wales

Higher Education Funding Council for Wales

Hybu Cig Cymru

Hywel Dda Community Health Council

Hywel Dda University Health Board

Independent Remuneration Panel for Wales

Industry Wales

Life Sciences Hub Wales Board

Local Government Boundary Commission for Wales

National Academy for Educational Leadership

National Adviser for Violence against Women and other forms of Gender-based Violence

Domestic Abuse and Sexual Violence

National Library of Wales

Natural Resources Wales

Pembrokeshire Coast National Park Authority

Powys Community Health Council

Powys Teaching Health Board

Public Health Wales NHS Trust

Qualifications Wales

Regulatory Board for Wales

Royal Commission on the Ancient and Historical Monuments of Wales

Snowdonia National Park Authority

Social Care Wales

Sports Council for Wales

Swansea Bay Community Health Council

Swansea Bay University Local Health Board

Velindre National Health Services Trust

Welsh Ambulance Services National Health Service Trust

Welsh Industrial Development Advisory Board

Welsh Language Commissioner

Welsh Revenue Authority

Schedule 44 — Specified Employee posts which are to be Public Appointments

Arts and Humanities Research Council, Executive Chair only

Biotechnology and Biological Sciences Research Council, Executive Chair only

Economic and Social Research Council, Executive Chair only

Engineering and Physical Sciences Research Council, Executive Chair only

Innovate UK, Executive Chair only

Medical Research Council, Executive Chair only

Natural Environment Research Council, Executive Chair only

Research England, Executive Chair only

Science and Technology Facilities Council, Executive Chair only

Schedule 55 — The Commission on Standards in Public Life, House of Lords Appointments Commission, and Commission on Business Appointments

Application of this Schedule

1 This Schedule applies equally to the Commission on Standards in Public Life, the House of Lords Appointments Commission and the Commission on Business Appointments; and to the Chair and members of those bodies.
2 In this Schedule, the bodies named in paragraph 1 are referred to as “the Commission” and “Commissioners”.

Appointment of the Chair

3
(1) This paragraph is about the appointment of the Chair of the Commission (“the Chair”). The Chair is non-political, as defined in paragraph 7.
(2) The Chair is appointed by His Majesty on the recommendation of the Prime Minister.
(3) A person's selection for recommendation must be on merit on the basis of fair and open competition.
(4) A person’s selection as the Chair must be in accordance with the process for significant appointments as set out in the Public Appointments Code, with a majority of independent members on the assessment panel and a senior independent panel member.
(5) The terms on which the Chair holds office are determined by the Minister for the Civil Service.
(6) The period of the appointment is to be no more than five years.
(7) A person cannot be appointed as Chair more than once.
(8) If the office of the Chair is vacant, the Prime Minister may authorise an independent member to carry out the functions of the Chair until the vacancy is filled.

Appointment of the independent Commissioners

4
(1) This paragraph is about the appointment of independent Commissioners other than the Chair. Independent Commissioners are non-political, as defined in paragraph 7.
(2) An independent Commissioner is appointed by the Prime Minister.
(3) A person's selection for recommendation must be on merit on the basis of fair and open competition.
(4) A person must not be selected without the agreement of the Chair.
(5) The terms on which an independent Commissioner holds office are determined by the Minister for the Cabinet Office.
(6) The Minister must not make a determination under sub-paragraph (5) without the agreement of the Chair.
(7) The period of the appointment is to be no more than five years.
(8) A person cannot be appointed as an independent Commissioner more than once.

Three Commissioners to be persons nominated by political parties

5
(1) Three of the Commissioners shall each be a person whom the registered leader of a qualifying party put forward to be considered for appointment as a Commissioner (a “political Commissioner”).
(2) “Registered leader” and “qualifying party” are defined in paragraph 7.
(3) The political Commissioners shall each be a person put forward by the registered leader of one of the three largest nominating parties at the time of the person's appointment.
(4) No appointment may be made that would result in two or more political Commissioners being persons put forward by the leader of the same party (and nothing in this section has effect so as to require that result).
(5) The terms on which a political Commissioner holds office are determined by the Minister for the Cabinet Office.
(6) The Minister must not make a determination under sub-paragraph (5) without the agreement of the Chair.
(7) The period of appointment for a political Commissioner is to be no more than three years.
(8) A political Commissioner can be appointed for a second term.
(9) A political Commissioner may not be appointed as the Chair of the Commission.

Terms and conditions of service

6
(1) The terms mentioned in paragraph 3(5) or 4(5) or 5(5) may provide for the Cabinet Office—
(a) to pay remuneration and allowances to the person appointed;
(b) to make provision for a pension in relation to that person.
(2) The Cabinet Office must make the payments or provision accordingly.

Independent Commissioners: definition of non-political

7 A person may be appointed as Chair or as an independent Commissioner only if the person is non-political. A person is non-political if the person—
(a) is not a member of a registered party;
(b) is not an officer or employee of a registered party or of any accounting unit of such a party;
(c) does not hold a relevant elective office (within the meaning of Schedule 7 of the Political Parties, Elections and Referendums Act 2000 (the 2000 Act)); or (d) has not at any time within the last five years—
(i) been such an officer or employee as is mentioned in sub-paragraph (b), or
(ii) held such an office as is mentioned in sub-paragraph (c), or
(iii) been named as a donor in the register of donations reported under Chapter III or V of Part IV of the 2000 Act, or
(iv) been named as a participant in the register of recordable transactions reported under Part 4A of the 2000 Act.

Definition of qualifying party

8
(1) “Qualifying party” means a registered party with two or more Members of the House of Commons at the time of the person's appointment.
(2) The relative size of any two or more registered parties shall be determined according to the number of Members of the House of Commons belonging to each party at the time in question (or, in the case of two parties with the same number of Members, according to the total number of votes cast for persons standing for election in the name of each of those parties at the most recent parliamentary general election).
(3) A Member of the House of Commons does not include any Member of that House who at the time in question—
(a) has not made and subscribed the oath required by the Parliamentary Oaths Act 1866 (or the corresponding affirmation), or
(b) is disqualified from sitting and voting in that House.

Resignation or removal from office

9
(1) This paragraph is about resignation or removal from office of the Chair or a Commissioner.
(2) A person may resign from office by giving written notice to the Minister for the Civil Service.
(3) His Majesty may, on the recommendation of the Minister for the Civil Service, remove a person from office if a condition in sub-paragraph (5) is met.
(4) The Minister for the Civil Service may remove a Commissioner from office if a condition in sub-paragraph (5) is met.
(5) The conditions are that—
(a) the person is absent from three successive meetings of the Commission without the Commission's approval;
(b) the person is convicted of a criminal offence;
(c) the person is unfit or unable to carry out the functions of the office.

Financial provision for the Commission

10 The Minister for the Cabinet Office must pay to the Commission the sums determined by the Minister as appropriate for, or in connection with, the carrying out of the Commission’s functions.

Arrangements for assistance to the Commission

11
(1) The Commission may make arrangements with other persons for the provision of assistance to the Commission.
(2) In particular, arrangements may be made with the Minister for the Civil Service for civil servants to provide assistance.

Status of the Commission

12
(1) The Commission is a body corporate.
(2) It is not to be regarded—
(a) as the servant or agent of the Crown, or
(b) as enjoying any status, immunity or privilege of the Crown.

Procedure

13
(1) The Commission may establish committees.
(2) A committee of the Commission may establish sub-committees.
(3) Members of a committee or sub-committee may include persons who are not members of the Commission.
(4) The Commission may regulate its own procedure, and the procedure of its committees and sub-committees, including quorum.
(5) The validity of proceedings of the Commission or a committee or sub-committee is not affected by—
(a) a vacancy among the members, or
(b) a defect in the appointment of a member.

Additional functions of the Commission

14
(1) The Prime Minister and the Commission may agree that the Commission is to carry out functions in addition to those under the other provisions of Parts 3, 4 and 5 of this Act.
(2) The Commission is to carry out those additional functions accordingly.

General powers of the Commission

15 The Commission may do anything calculated to facilitate, or incidental or conducive to, the carrying out of any of their functions.

Amendment of other enactments

16
(1) In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments and authorities subject to investigation), at the appropriate places insert “The House of Lords Appointments Commission”, “The Commission on Business Appointments” and “The Commission on Standards in Public Life”.
(2) In Schedule 1 to the Public Records Act 1958 (definition of public records), at the appropriate places in Part 2 (other establishments and organisations) insert The Commission on Standards in Public Life”, and “the House of Lords Appointments Commission”, and “the Commission on Business Appointments.

Footnotes

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