| Executive agency | Executive agencies are business units of a department and are thus more directly accountable to ministers than either NDPBs or non-ministerial departments. However, ministers would not expect to be involved with their day-to-day operation.
Legally part of a department, they receive funding through that department and their accounts are consolidated with the departmental accounts, but they form administratively distinct units, with their own distinct identity. Staff of an executive agency remain Civil Servants employed by the sponsoring department. They work within a policy framework established by the minister and department. The chief executive is responsible for delivery and day-to-day operations, with a management board (usually including non-executive members) providing a challenge and support function to the chief executive. A number of executive agencies are also classified as 'trading funds'. This is a legal and financial status, separate and additional to their administrative categorisation.
Examples: The former UKBA; Rural Payments Agency; UK Space Agency; Driver and Vehicle Licensing Agency (DVLA); Planning Inspectorate.
|
| Non-ministerial department
| Non-ministerial departments do not have direct ministerial accountability. Their need for independence from ministers is even greater than for NDPBs, and includes regulators and tax authorities.
There will be a 'sponsor minister' who has residual policy responsibility for the continued existence of the non-ministerial department, the overall policy and statutory framework within which it operates, and represents the non-ministerial department in Parliament. However, a non-ministerial department operates independently of ministers, generally receiving funding directly from Parliament, and is accountable directly to Parliament.
Examples: Ofsted; UK Trade & Investment; Food Standards Agency; Ordnance Survey.
|
| Non-departmental public body
| NDPBs are bodies which are part of central Government but not government departments, or part of one, and which operate to a greater or lesser degree at arm's length from ministers, meaning that they are independent, but operate within a framework of ministerial accountability and control. Short term bodies, those existing for less than three years, are not considered to be NDPBs. There are four basic types of NDPB, though they share the common feature of performing a function that should be seen to be delivered independently of ministerial control. Accordingly, they will generally have a predominantly non-executive board which is responsible for delivery, within an overall policy framework established by the sponsor department, from which they receive funding. The sponsoring minister retains overall accountability to Parliament for the performance and delivery of the body.
The four basic models are:
Executive NDPB - carry out a wide range of administrative, commercial, executive and regulatory or technical functions which are considered to be better delivered at arm's length from ministers. Often have delegated budget (with own Accounting Officer and employ own staff, who are not civil servants).
Examples: Health and Safety Executive; Information Commissioner's Office; Environment Agency.
Advisory NDPB - set up to provide independent, expert advice to ministers on an ongoing basis. Generally smaller bodies, with resourcing (financing and staff) provided directly by the sponsor department.
Examples: Social Security Advisory Committee; Veterinary Products Committee.
Tribunal NDPB - Usually concerned with the rights and obligations of individuals in relation to a branch of government or other public authority. New tribunal functions should now usually be placed within the First Tier Tribunal (part of HM Courts and Tribunals Service).
Examples: Traffic Commissioners; The Valuation Tribunal.
Independent Monitoring Board - Statutory bodies attached to each prison establishment, immigration removal centre and immigration holding facility in England and Wales. They must be set up by law each time a new prison or immigration removal centre is set up.
|
