UK Parliament — House of Commons

Order ID:237

Known as:

Order numbers:

150

Cite as

Current version

Date Title Text
2022 — 30th November 150 Parliamentary Commissioner for Standards (1) There shall be an Officer of this House, called the Parliamentary Commissioner for Standards, who shall be appointed by the House.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) The Commissioner shall report each year to the House on the exercise by him of his functions.
(7) 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.
(8) 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.

First appearance

2022 — 30th November 150 Parliamentary Commissioner for Standards (1) There shall be an Officer of this House, called the Parliamentary Commissioner for Standards, who shall be appointed by the House.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) The Commissioner shall report each year to the House on the exercise by him of his functions.
(7) 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.
(8) 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.