- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (02/12/1999)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 08/02/2000
Point in time view as at 02/12/1999. This version of this Act contains provisions that are not valid for this point in time.
Parliamentary Commissioner Act 1967 is up to date with all changes known to be in force on or before 16 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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An Act to make provision for the appointment and functions of a Parliamentary Commissioner for the investigation of administrative action taken on behalf of the Crown, and for purposes connected therewith.
[22nd March 1967]
Extent Information
E1For application to Northern Ireland see s. 13
Modifications etc. (not altering text)
C1Act: for any reference to the Education Assets Board there is substituted (1.10.1998) a reference to the Education Transfer Council by virtue of 1998 c. 31, s. 136; S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I
C2Act modified (E.W.) (31.3.1991) by S.I. 1991/517, art. 6(2).
Act modified (E.W.) (28.3.1991) by S.I. 1991/710, art. 9(2)
C3Act modified by S.I. 1989/814, art. 15(2), by S.I. 1989/1359, art. 15(2) and by S.I. 1989/2470, art. 16(2)
C4Act modified (E.W.) (11.3.1992 for specified purposes and 1.6.1992 otherwise) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 21(8), Sch. para. 7(2); S.I. 1992/725, arts.2, 3.
C5Act modified (E.W.) by Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 79, 175, 195, 208, Sch. 6 para. 8(2)
C6Act amended by 1990/419, art. 18(2) and by 1990/1024, art. 14(2)
C7Act applied (with modifications) (30.9.1992) by S.I. 1992/2257, art. 16(2).
C8Act modified (E.W.S.) (1.1.1993) by Transport and Works Act 1992 (c. 42), s. 23(10); S.I. 1992/2784, art. 2(a), Sch. 1.
Act extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 17
Act extended (1.4.1995) by S.I. 1995/401, art. 9
Act modified (S.) (27.5.1997) by 1997 c. 8, ss. 48, 131, 154, 169, 180, Sch. 4 para. 8(2) (with ss. 64, 219)
Act modified (S.) (27.5.1997) by 1997 c. 9, ss. 20(4), 35(5), Sch. 3 para. 7(2) (with s. 45(5))
Act modified (S.) (27.5.1997) by 1997 c. 10, ss.19, 40(2), Sch. para. 7(2) (with ss. 9(3), 10(5), 38(6))
Act modified (3.3.1999) by S.I. 1999/527, art. 6
Act modified (1.4.2002) by S.I. 2001/3962, art. 7(2)
Commencement Information
I1Act wholly in force at 1.4.1967 see s. 14(2).
(1)For the purpose of conducting investigations in accordance with the following provisions of this Act there shall be appointed a Commissioner, to be known as the Parliamentary Commissioner for Administration.
(2)Her Majesty may by Letters Patent from time to time appoint a person to be the Commissioner, and any person so appointed shall (subject to [F1Subsections (3) and (3A)] of this section) hold office during good behaviour.
(3)A person appointed to be the Commissioner may be relieved of office by Her Majesty at his own request, or may be removed from office by Her Majesty in consequence of Addresses from both Houses of Parliament, and shall in any case vacate office on completing the year of service in which he attains the age of sixty-five years.
[F2(3A)Her Majesty may declare the office of Commissioner to have been vacated if satisfied that the person appointed to be the Commissioner is incapable for medical reasons—
(a)of performing the duties of his office; and
(b)of requesting to be relieved of it.]
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
Textual Amendments
F1Words substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 2(1)(a)
F2S. 1(3A) inserted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 2(1)(b)
[F5(1)There shall be paid to the holder of the office of Commissioner the same salary as if he were employed in the civil service of the State in such appointment as the House of Commons may by resolution from time to time determine; and a resolution under this subsection may take effect from the date on which it is passed or from such other date as may be specified in the resolution.
(2)In relation to any time before the first resolution under subsection (1) above takes effect, the salary payable to the holder of the office of Commissioner shall be the same salary as if he were employed in the civil service of the State as a Permanent Secretary.]
(3)The provisions of Schedule 1 to this Act shall have effect with respect to the pensions and other benefits to be paid to or in respect of persons who have held office as Commissioner.
(4)The salary payable to a holder of the office of Commissioner shall be abated by the amount of any pension payable to him in respect of any public office in the United Kingdom or elsewhere to which he had previously been appointed or elected; . . . F6
[F7(4A)In computing the salary of a former holder of the office of Commissioner for the purposes of the said Schedule 1—
(a)any abatement of that salary under subsection (4) above,
(b)any temporary abatement of that salary in the national interest, and
(c)any voluntary surrender of that salary in whole or in part,
shall be disregarded.]
(5)Any salary, pension or other benefit payable by virtue of this section shall be charged on and issued out of the Consolidated Fund.
Textual Amendments
F5S. 2(1)(2) substituted (1.1.1975) by Parliamentary and other Pensions and Salaries Act 1976 (c. 48, SIF 89), s 6(2)(5)
F6Words repealed (1.1.1975) by Parliamentary and other Pensions and Salaries Act 1976 (c. 48, SIF 89), s 6(4)(5), Sch.
F7S. 2(4A) inserted (1.1.1975) by Parliamentary and other Pensions and Salaries Act 1976 (c. 48, SIF 89), s. 6(4)(5).
(1)The Commissioner may appoint such officers as he may determine with the approval of the Treasury as to numbers and conditions of service.
(2)Any function of the Commissioner under this Act may be performed by any officer of the Commissioner authorised for that purpose by the Commissioner [F8, by any member of the staff so authorised of the Welsh Administration Ombudsman or of the Health Service Commissioner for Wales or by any officer so authorised of the Health Service Commissioner for England or of the Health Service Commissioner for Scotland.]
(3)The expenses of the Commissioner under this Act, to such amount as may be sanctioned by the Treasury, shall be defrayed out of moneys provided by Parliament.
Textual Amendments
F8Words in s. 3(2) substituted (1.7.1999) by 1998 c. 38, s. 125, Sch. 12 para. 5 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
Modifications etc. (not altering text)
C9S. 3(2) extended (1.7.1999) by S.I. 1999/1351, arts. 1, 17(1)(a) (with art.3); S.I. 1998/3178, art. 3
(1)Where the office of Commissioner becomes vacant, Her Majesty may, pending the appointment of a new Commissioner, appoint a person under this section to act as the Commissioner at any time during the period of twelve months beginning with the date on which the vacancy arose.
(2)A person appointed under this section shall hold office during Her Majesty’s pleasure and, subject to that, shall hold office—
(a)until the appointment of a new Commissioner or the expiry of the period of twelve months beginning with the date on which the vacancy arose, whichever occurs first; and
(b)in other respects, in accordance with the terms and conditions of his appointment which shall be such as the Treasury may determine.
(3)A person appointed under this section shall, while he holds office, be treated for all purposes, except those of section 2 of this Act, as the Commissioner.
(4)Any salary, pension or other benefit payable by virtue of this section shall be charged on and issued out of the Consolidated Fund].
Textual Amendments
(1)Subject to the provisions of this section and to the notes contained in Schedule 2 to this Act, this Act applies to the government departments, corporations and unincorporated bodies listed in that Schedule; and references in this Act to an authority to which this Act applies are references to any such corporation or body.
(2)Her Majesty may by Order in Council amend Schedule 2 to this Act by the alteration of any entry or note, the removal of any entry or note or the insertion of any additional entry or note.
(3)An Order in Council may only insert an entry if—
(a)it relates—
(i)to a government department; or
(ii)to a corporation or body whose functions are exercised on behalf of the Crown; or
(b)it relates to a corporation or body—
(i)which is established by virtue of Her Majesty’s prerogative or by an Act of Parliament or an Order in Council or order made under an Act of Parliament or which is established in any other way by a Minister of the Crown in his capacity as a Minister or by a government department;
(ii)at least half of whose revenues derive directly from money provided by Parliament, a levy authorised by an enactment, a fee or charge of any other description so authorised or more than one of those sources; and
(iii)which is wholly or partly constituted by appointment made by Her Majesty or a Minister of the Crown or government department.
[F11(3A)No entry shall be made if the result of making it would be that the Parliamentary Commissioner could investigate action which can be investigated by the Welsh Administration Ombudsman under Schedule 9 to the Government of Wales Act 1998.]
[F12(3B)No entry shall be made in respect of–
(a)the Scottish Administration of any part of it;
(b)any Scottish public authority with mixed functions or no reserved functions within the meaning of the Scotland Act 1998; or
(c)the Scottish Parliamentary Corporate Body.]
(4)No entry shall be made in respect of a corporation or body whose sole activity is, or whose main activities are, included among the activities specified in subsection (5) below.
(5)The activities mentioned in subsection (4) above are—
(a)the provision of education, or the provision of training otherwise than under the M1Industrial Training Act 1982;
(b)the development of curricula, the conduct of examinations or the validation of educational courses;
(c)the control of entry to any profession or the regulation of the conduct of members of any profession;
(d)the investigation of complaints by members of the public regarding the actions of any person or body, or the supervision or review of such investigations or of steps taken following them.
(6)No entry shall be made in respect of a corporation or body operating in an exclusively or predominantly commercial manner or a corporation carrying on under national ownership an industry or undertaking or part of an industry or undertaking.
(7)Any statutory instrument made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(8)In this Act—
(a)any reference to a government department to which this Act applies includes a reference to any of the Ministers or officers of such a department; and
(b)any reference to an authority to which this Act applies includes a reference to any members or officers of such an authority].
Textual Amendments
F10S. 4 substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 1(1)
F11S. 4(3A) inserted (1.7.1999) by 1998 c. 38, s. 125, Sch. 12 para. 6 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F12S. 4(3B) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(1)(2)
Marginal Citations
M11982 c. 10(43:1).
(1)Subject to the provisions of this section, the Commissioner may investigate any action taken by or on behalf of a government department or other authority to which this Act applies, being action taken in the exercise of administrative functions of that department or authority, in any case where—
(a)a written complaint is duly made to a member of the House of Commons by a member of the public who claims to have sustained injustice in consequence of maladministration in connection with the action so taken; and
(b)the complaint is referred to the Commissioner, with the consent of the person who made it, by a member of that House with a request to conduct an investigation thereon.
(2)Except as hereinafter provided, the Commissioner shall not conduct an investigation under this Act in respect of any of the following matters, that is to say—
(a)any action in respect of which the person aggrieved has or had a right of appeal, reference or review to or before a tribunal constituted by or under any enactment or by virtue of Her Majesty’s prerogative;
(b)any action in respect of which the person aggrieved has or had a remedy by way of proceedings in any court of law:
Provided that the Commissioner may conduct an investigation notwithstanding that the person aggrieved has or had such a right or remedy if satisfied that in the particular circumstances it is not reasonable to expect him to resort or have resorted to it.
[F13(2A)Subsection (2)(a) of this section shall have effect in relation to the right of a person to make a complaint of unlawful discrimination under the Fair Employment and Treatment (Northern Ireland) Order 1998 as if it were such a right of appeal, reference or review as is mentioned in that subsection.]
(3)Without prejudice to subsection (2) of this section, the Commissioner shall not conduct an investigation under this Act in respect of any such action or matter as is described in Schedule 3 to this Act.
(4)Her Majesty may by Order in Council amend the said Schedule 3 so as to exclude from the provisions of that Schedule such actions or matters as may be described in the Order; and any statutory instrument made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5)In determining whether to initiate, continue or discontinue an investigation under this Act, the Commissioner shall, subject to the foregoing provisions of this section, act in accordance with his own discretion; and any question whether a complaint is duly made under this Act shall be determined by the Commissioner.
[F14(5A)For the purposes of this section, administrative functions of a government department to which this Act applies include functions exercised by the department on behalf of the Scottish Ministers by virtue of section 93 of the Scotland Act 1998.
(5B)The Commissioner shall not conduct an investigation under this Act in respect of any action concerning Scotland and not relating to reserved matters which is taken by or on behalf of a cross-border public authority within the meaning of the Scotland Act 1998.]
[F15(6)For the purposes of this section, administrative functions exercisable by any person appointed by the Lord Chancellor as a member of the administrative staff of any court or tribunal shall be taken to be administrative functions of the Lord Chancellor’s Department or, in Northern Ireland, of the Northern Ireland Court Service.]
[F16(7)For the purposes of this section, administrative functions exercisable by any person appointed as a member of the administrative staff of a relevant tribunal—
(a)by a government department or authority to which this Act applies; or
(b)with the consent (whether as to remuneration and other terms and conditions of service or otherwise) of such a department or authority,
shall be taken to be administrative functions of that department or authority.
(8)In subsection (7) of this section, “relevant tribunal” means a tribunal listed in Schedule 4 to this Act.
(9)Her Majesty may by Order in Council amend the said Schedule 4 by the alteration or removal of any entry or the insertion of any additional entry; and any statutory instrument made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.]
[F17(9A)No entry shall be made in the said Schedule 4 in respect of the holder of any office in the Scottish Administration which is not a ministerial office or in respect of any Scottish public authority with mixed functions or no reserved functions within the meaning of the Scotland Act 1998.]
Textual Amendments
F13S. 5(2A) inserted (N.I.) (1.3.1999) by S.I. 1998/3162 (N.I. 21), art. 1(2), Sch. 3; S.R. 1999/81, art. 3
F14S. 5(5A)(5B) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(3)(a)
F16S. 5(7)-(9) inserted (5.9.1994) by 1994 c. 14, ss. 1(1), 3(2)
F17S. 5(9A) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(3)(b)
Modifications etc. (not altering text)
C10S. 5 modified (1.10.1998) by 1998 c. 31, ss. 25, 145(3), Sch. 5 para. 9 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt. I
C11S. 5(2)(a) extended by Fair Employment (Northern Ireland) Act 1976 (c. 25, SIF 43:1), s. 58(2)(a)
C12S. 5(2)(b) excluded by Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), s. 22
S. 5(2)(b) excluded (2.12.1999) by 1998 c. 47, s. 78(2)(a); S.I. 1999/3209, art. 2, Sch.
(1)A complaint under this Act may be made by any individual, or by any body of persons whether incorporated or not, not being—
(a)a local authority or other authority or body constituted for purposes of the public service or of local government or for the purposes of carrying on under national ownership any industry or undertaking or part of an industry or undertaking;
[F18(b)any other authority or body within subsection (1A) below.
(1A)An authority or body is within this subsection if–
(a)its members are appointed by–
(i)Her Majesty;
(ii)any Minister of the Crown;
(iii)any government department;
(iv)the Scottish Ministers;
(v)the First Minister; or
(vi)the Lord Advocate, or
(b)its revenues consist wholly or mainly of–
(i)money provided by Parliament; or
(ii)sums payable out of the Scottish Consolidated Fund (directly or indirectly).]
(2)Where the person by whom a complaint might have been made under the foregoing provisions of this Act has died or is for any reason unable to act for himself, the complaint may be made by his personal representative or by a member of his family or other individual suitable to represent him; but except as aforesaid a complaint shall not be entertained under this Act unless made by the person aggrieved himself.
(3)A complaint shall not be entertained under this Act unless it is made to a member of the House of Commons not later than twelve months from the day on which the person aggrieved first had notice of the matters alleged in the complaint; but the Commissioner may conduct an investigation pursuant to a complaint not made within that period if he considers that there are special circumstances which make it proper to do so.
(4)[F19Except as provided in subsection (5) below] A complaint shall not be entertained under this Act unless the person aggrieved is resident in the United Kingdom (or, if he is dead, was so resident at the time of his death) or the complaint relates to action taken in relation to him while he was present in the United Kingdom or on an installation in a designated area within the meaning of the M2Continental Shelf Act 1964 or on a ship registered in the United Kingdom or an aircraft so registered, or in relation to rights or obligations which accrued or arose in the United Kingdom or on such an installation, ship or aircraft.
[F20(5)A complaint may be entertained under this Act in circumstances not falling within subsection (4) above where—
(a)the complaint relates to action taken in any country or territory outside the United Kingdom by an officer (not being an honorary consular officer) in the exercise of a consular function on behalf of the Government of the United Kingdom; and
(b)the person aggrieved is a citizen of the United Kingdom and Colonies who, under section 2 of the M3Immigration Act 1971, has the right of abode in the United Kingdom.]
Textual Amendments
F18S. 6(1)(b)(1A) substituted for s. 6(1)(b) (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(4)
F19Words inserted by Parliamentary Commissioner (Consular Complaints) Act 1981 (c. 11, SIF 89), s. 1.
F20S. 6(5) inserted by Parliamentary Commissioner (Consular Complaints) Act 1981 (c. 11, SIF 89) s. 1.
Modifications etc. (not altering text)
C13S. 6(3) modified by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 10(4)
Marginal Citations
M21964 c. 29(86).
M31971 c. 77(101A:1)
(1)Where the Commissioner proposes to conduct an investigation pursuant to a complaint under this Act, he shall afford to the principal officer of the department or authority concerned, and to any other person who is alleged in the complaint to have taken or authorised the action complained of, an opportunity to comment on any allegations contained in the complaint.
(2)Every such investigation shall be conducted in private, but except as aforesaid the procedure for conducting an investigation shall be such as the Commissioner considers appropriate in the circumstances of the case; and without prejudice to the generality of the foregoing provision the Commissioner may obtain information from such persons and in such manner, and make such inquiries, as he thinks fit, and may determine whether any person may be represented, by counsel or solicitor or otherwise, in the investigation.
(3)The Commissioner may, if he thinks fit, pay to the person by whom the complaint was made and to any other person who attends or furnishes information for the purposes of an investigation under this Act—
(a)sums in respect of expenses properly incurred by them;
(b)allowances by way of compensation for the loss of their time,
in accordance with such scales and subject to such conditions as may be determined by the Treasury.
(4)The conduct of an investigation under this Act shall not affect any action taken by the department or authority concerned, or any power or duty of that department or authority to take further action with respect to any matters subject to the investigation; but where the person aggrieved has been removed from the United Kingdom under any Order in force under the M4Aliens Restriction Acts 1914 M5and 1919 or under [F21the M6Immigration Act 1971], he shall, if the Commissioner so directs, be permitted to re-enter and remain in the United Kingdom, subject to such conditions as the Secretary of State may direct, for the purposes of the investigation.
Textual Amendments
F21Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a)
Modifications etc. (not altering text)
C14S. 7 applied with modifications (S.) by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), s. 95
Marginal Citations
M51919 c. 92(62).
M61971 c. 77(62).
(1)For the purposes of an investigation under this Act the Commissioner may require any Minister, officer or member of the department or authority concerned or any other person who in his opinion is able to furnish information or produce documents relevant to the investigation to furnish any such information or produce any such document.
(2)For the purposes of any such investigation the Commissioner shall have the same powers as the Court in respect of the attendance and examination of witnesses (including the administration of oaths or affirmations and the examination of witnesses abroad) and in respect of the production of documents.
(3)No obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to persons in Her Majesty’s service, whether imposed by any enactment or by any rule of law, shall apply to the disclosure of information for the purposes of an investigation under this Act; and the Crown shall not be entitled in relation to any such investigation to any such privilege in respect of the production of documents or the giving of evidence as is allowed by law in legal proceedings.
(4)No person shall be required or authorised by virtue of this Act to furnish any information or answer any question relating to proceedings of the Cabinet or of any committee of the Cabinet or to produce so much of any document as relates to such proceedings; and for the purposes of this subsection a certificate issued by the Secretary of the Cabinet with the approval of the Prime Minister and certifying that any information, question, document or part of a document so relates shall be conclusive.
(5)Subject to subsection (3) of this section, no person shall be compelled for the purposes of an investigation under this Act to give any evidence or produce any document which he could not be compelled to give or produce in [F22civil] proceedings before the Court.
Textual Amendments
F22Word inserted (E.W.) by Civil Evidence Act 1968 (c. 64, SIF 47), s. 17(1)(b)
Modifications etc. (not altering text)
C15S. 8 applied with modifications (S.) by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), s. 95
(1)If any person without lawful excuse obstructs the Commissioner or any officer of the Commissioner in the performance of his functions under this Act, or is guilty of any act or omission in relation to an investigation under this Act which, if that investigation were a proceeding in the Court, would constitute contempt of court, the Commissioner may certify the offence to the Court.
(2)Where an offence is certified under this section, the Court may inquire into the matter and, after hearing any witnesses who may be produced against or on behalf of the person charged with the offence, and after hearing any statement that may be offered in defence, deal with him in any manner in which the Court could deal with him if he had committed the like offence in relation to the Court.
(3)Nothing in this section shall be construed as applying to the taking of any such action as is mentioned in subsection (4) of section 7 of this Act.
Modifications etc. (not altering text)
C16S. 9 applied with modifications (S.) by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), s. 95
(1)In any case where the Commissioner conducts an investigation under this Act or decides not to conduct such an investigation, he shall send to the member of the House of Commons by whom the request for investigation was made (or if he is no longer a member of that House, to such member of that House as the Commissioner thinks appropriate) a report of the results of the investigation or, as the case may be, a statement of his reasons for not conducting an investigation.
(2)In any case where the Commissioner conducts an investigation under this Act, he shall also send a report of the results of the investigation to the principal officer of the department or authority concerned and to any other person who is alleged in the relevant complaint to have taken or authorised the action complained of.
(3)If, after conducting an investigation under this Act, it appears to the Commissioner that injustice has been caused to the person aggrieved in consequence of maladministration and that the injustice has not been, or will not be, remedied, he may, if he thinks fit, lay before each House of Parliament a special report upon the case.
(4)The Commissioner shall annually lay before each House of Parliament a general report on the performance of his functions under this Act and may from time to time lay before each House of Parliament such other reports with respect to those functions as he thinks fit.
(5)For the purposes of the law of defamation, any such publication as is hereinafter mentioned shall be absolutely privileged, that is to say—
(a)the publication of any matter by the Commissioner in making a report to either House of Parliament for the purposes of this Act;
(b)the publication of any matter by a member of the House of Commons in communicating with the Commissioner or his officers for those purposes or by the Commissioner or his officers in communicating with such a member for those purposes;
(c)the publication by such a member to the person by whom a complaint was made under this Act of a report or statement sent to the member in respect of the complaint in pursuance of subsection (1) of this section;
(d)the publication by the Commissioner to such a person as is mentioned in subsection (2) of this section of a report sent to that person in pursuance of that subsection.
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23
(2)Information obtained by the Commissioner or his officers in the course of or for the purposes of an investigation under this Act shall not be disclosed except—
(a)for the purposes of the investigation and of any report to be made thereon under this Act;
(b)for the purposes of any proceedings for an offence under [F24the Official Secrets Acts 1911 to 1989] alleged to have been committed in respect of information obtained by the Commissioner or any of his officers by virtue of this Act or for an offence of perjury alleged to have been committed in the course of an investigation under this Act or for the purposes of an inquiry with a view to the taking of such proceedings; or
(c)for the purposes of any proceedings under section 9 of this Act;
and the Commissioner and his officers shall not be called upon to give evidence in any proceedings (other than such proceedings as aforesaid) of matters coming to his or their knowledge in the course of an investigation under this Act.
[F25(2A)Where the Commissioner also holds office as [F26Welsh Administration Ombudsman or] a Health Service Commissioner and a person initiates a complaint to him in his capacity as [F27Welsh Administration Ombudsman or a Health Service Commissioner] which relates partly to a matter with respect to which that person has previously initiated a complaint under this Act, or subsequently initiates such a complaint, information obtained by the Commissioner or his officers in the course of or for the purposes of investigating the complaint under this Act may be disclosed for the purposes of his carrying out his functions in relation to the other complaint.]
(3)A Minister of the Crown may give notice in writing to the Commissioner, with respect to any document or information specified in the notice, or any class of documents or information so specified, that in the opinion of the Minister the disclosure of that document or information, or of documents or information of that class, would be prejudicial to the safety of the State or otherwise contrary to the public interest; and where such a notice is given nothing in this Act shall be construed as authorising or requiring the Commissioner or any officer of the Commissioner to communicate to any person or for any purpose any document or information specified in the notice, or any document or information of a class so specified.
(4)The references in this section to a Minister of the Crown include references to the Commissioners of Customs and Excise and the Commissioners of Inland Revenue.
Textual Amendments
F23S. 11(1) repealed by Official Secrets Act 1989 (c. 6, SIF 39:2), s. 16(4), Sch. 2
F24Words substituted by Official Secrets Act 1989 (c. 6, SIF 39:2), s. 16(3), Sch. 1 para. 1
F25S. 11(2A) inserted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 4(1)
F26Words in s. 11(2A) substituted (1.4.1999) by 1998 c. 38, ss. 125, 158, Sch. 12 para. 7(a) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2
F27Words in s. 11(2A) substituted (1.4.1999) by 1998 c. 38, ss. 125, 158, Sch. 12 para. 7(b) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2
Modifications etc. (not altering text)
C17S. 11 applied with modifications (S.) by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), s. 95
C18S. 11(2) excluded (S.) by Local Government (Scotland) Act 1975 (c. 30, SIF 81:2), s. 31(5)
C19S. 11(2A) extended (1.7.1999) by S.I. 1999/1351, arts. 1, 17(1)(b); S.I. 1998/3178, art. 3
(1)Where, at any stage in the course of conducting an investigation under this Act, the Commissioner forms the opinion that the complaint relates partly to a matter within the jurisdiction of [F30the Welsh Administration Ombudsman or of] the Health Service Commissioner for England, Wales or Scotland, he shall—
(a)unless he also holds [F31the office concerned], consult about the complaint with him; and
(b)if he considers it necessary, inform the person initiating the complaint under [F32the Government of Wales Act 1998 or] this Act of the steps necessary to initiate a complaint under [F33the Health Service Commissioners Act 1993.]
(2)Where by virtue of subsection (1) above the Commissioner consults with the [F34Welsh Administration Ombudsman or a] Health Service Commissioner in relation to a complaint under this Act, he may consult him about any matter relating to the complaint, including—
(a)the conduct of any investigation into the complaint; and
(b)the form, content and publication of any report of the results of such an investigation.
(3)Nothing in section 11(2) of this Act shall apply in relation to the disclosure of information by the Commissioner or any of his officers in the course of consultations held in accordance with this section].
Textual Amendments
F28S. 11A inserted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 4(2)
F29Words in sidenote inserted (1.7.1999) by 1998 c. 38, s. 125, Sch. 12 para. 8(4) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F30Words in s. 11A(1) substituted (1.7.1999) by 1998 c. 38, s. 125, Sch. 12 para. 8(2)(a) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F31Words in s. 11A(1)(a) substituted (1.7.1999) by 1998 c. 38, s. 125, Sch. 12 para. 8(2)(b) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F32Words in s. 11A(1)(b) substituted (1.7.1999) by 1998 c. 38, s. 125, Sch. 12 para. 8(2)(c) (with ss. 139(2), 158(2)); S.I. 1999/1290, art. 4
F33Words in s. 11A(1)(b) substituted (5.2.1994) by 1993 c. 46, ss. 20, 22(4), Sch. 2 para. 1
F34Words in s. 11A(2) inserted (1.7.1999) by 1998 c. 38, s. 125, Sch. 12 para. 8(3) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
Modifications etc. (not altering text)
C20S. 11A extended (1.7.1999) by S.I. 1999/1351, arts. 1, 17(1)(c); S.I. 1998/3178, art. 3
Yn ddilys o 01/08/2007
(1)If at any stage in the course of conducting an investigation under this Act the Commissioner forms the opinion that the complaint relates partly to a matter within the jurisdiction of —
(a)the Health Service Commissioner for England,
(b)a Local Commissioner, or
(c)both,
he may, subject to subsection (2) of this section, conduct an investigation under this Act jointly with that Commissioner or those Commissioners.
(2)The Commissioner must obtain the consent of the person aggrieved or any person acting on his behalf in accordance with subsection (2) of section 6 of this Act before agreeing to a joint investigation referred to in subsection (1) of this section.
(3)If the Commissioner forms the opinion that a complaint which is being investigated by—
(a)the Health Service Commissioner for England,
(b)a Local Commissioner, or
(c)both,
relates partly to a matter within his jurisdiction, he may, subject to subsection (4) of this section, conduct an investigation under this Act jointly with that Commissioner or those Commissioners.
(4)The Commissioner may not investigate a complaint jointly with another person under subsection (3) of this section unless the complaint has been made in accordance with section 5 of this Act.
(5)If the Commissioner conducts an investigation of a complaint jointly with another person, the requirements of section 10 (so far as relating to a case where the Commissioner conducts an investigation under this Act) may be satisfied by a report made jointly with that person.
(6)Apart from identifying the government department or other authority concerned, a report prepared by virtue of subsection (5) of this section by the Commissioner and a Local Commissioner shall not—
(a)mention the name of any person, or
(b)contain any particulars which, in the opinion of the Commissioner and the Local Commissioner, are likely to identify any person,
unless, after taking into account the public interest as well as the interests of the complainant and of persons other than the complainant, the Commissioner and the Local Commissioner consider it necessary to mention the name of that person or to include in the report any such particulars.
(7)Nothing in subsection (6) of this section prevents a report—
(a)mentioning the name of, or
(b)containing particulars likely to identify,
the Mayor of London or any member of the London Assembly.]
Textual Amendments
Yn ddilys o 30/01/2001
(1)The Commissioner may disclose to the Information Commissioner any information obtained by, or furnished to, the Commissioner under or for the purposes of this Act if the information appears to the Commissioner to relate to—
(a)a matter in respect of which the Information Commissioner could exercise any power conferred by—
(i)Part V of the Data Protection Act 1998 (enforcement),
(ii)section 48 of the Freedom of Information Act 2000 (practice recommendations), or
(iii)Part IV of that Act (enforcement), or
(b)the commission of an offence under—
(i)any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
(ii)section 77 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
(2)Nothing in section 11(2) of this Act shall apply in relation to the disclosure of information in accordance with this section.]
Textual Amendments
F36S. 11AA inserted (30.1.2001) by 2000 c. 36, ss. 76(2), 87(2)(b), Sch. 7 para. 2 (with ss. 56, 78)
(1)For the purposes of this Act, administrative functions exercisable by an administrator of the Criminal Injuries Compensation Scheme (“Scheme functions”) shall be taken to be administrative functions of a government department to which this Act applies.
(2)For the purposes of this section, the following are administrators of the Scheme—
(a)a claims officer appointed under section 3(4)(b) of the Criminal Injuries Compensation Act 1995;
(b)a person appointed under section 5(3)(c) of that Act;
(c)the Scheme manager, as defined by section 1(4) of that Act, and any person assigned by him to exercise functions in relation to the Scheme.
(3)The principal officer in relation to any complaint made in respect of any action taken in respect of Scheme functions is—
(a)in the case of action taken by a claims officer, such person as may from time to time be designated by the Secretary of State for the purposes of this paragraph;
(b)in the case of action taken by a person appointed under section 5(3)(c) of the Act of 1995, the chairman appointed by the Secretary of State under section 5(3)(b) of that Act; or
(c)in the case of action taken by the Scheme manager or by any other person mentioned in subsection (2)(c) of this section, the Scheme manager.
(4)The conduct of an investigation under this Act in respect of any action taken in respect of Scheme functions shall not affect—
(a)any action so taken; or
(b)any power or duty of any person to take further action with respect to any matters subject to investigation.]
Textual Amendments
F37S. 11B inserted (8.11.1995) by 1995 c. 53, s. 10(1)
Modifications etc. (not altering text)
C21S. 11B(3)(a) extended (1.7.1999) by S.I. 1999/1351, arts. 1, 17(1)(d); S.I. 1998/3178, art. 3
(1)In this Act the following expressions have the meanings hereby respectively assigned to them, that is to say—
“action” includes failure to act, and other expressions connoting action shall be construed accordingly;
“the Commissioner” means the Parliamentary Commissioner for Administration;
“the Court” means, in relation to England and Wales the High Court, in relation to Scotland the Court of Session, and in relation to Northern Ireland the High Court of Northern Ireland;
“enactment” includes an enactment of the Parliament of Northern Ireland, and any instrument made by virtue of an enactment;
“officer” includes employee;
“person aggrieved” means the person who claims or is alleged to have sustained such injustice as is mentioned in section 5(1)(a) of this Act;
“tribunal” includes the person constituting a tribunal consisting of one person.
(2)References in this Act to any enactment are references to that enactment as amended or extended by or under any other enactment.
(3)It is hereby declared that nothing in this Act authorises or requires the Commissioner to question the merits of a decision taken without maladministration by a government department or other authority in the exercise of a discretion vested in that department or authority.
(1)Subject to the provisions of this section, this Act extends to Northern Ireland.
(2)Nothing in this section shall be construed as authorising the inclusion among the departments and authorities to which this Act applies of any department of the Government of Northern Ireland, or any authority [F38or body] established by or with the authority of the Parliament of Northern Ireland; but this Act shall apply to any such department [F39authority or body], in relation to any action taken by them as agent for a department or authority to which this Act applies, as it applies to the last-mentioned department or authority.
(3)In section 6 of this Act the references to a Minister of the Crown or government department and to Parliament shall include references to a Minister or department of the Government of Northern Ireland and to the Parliament of Northern Ireland.
(4)In section 8 of this Act the references to the Cabinet shall [F40include references to the Executive Committee of the Assembly, and in relation to that Committee for the reference to the Prime Minister there shall be substituted a reference to the First Minister and deputy First Minister acting jointly]
Textual Amendments
F38Words inserted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 1(3)(a)(i)
F39Words substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 1(3)(a)(ii)
F40Words in s. 13(4) substituted (2.12.1999) by S.I. 1999/663, arts. 1(2), 2(1), Sch. 1 para. 14; 1998 c. 47, s. 3(1); S.I. 1999/3208, art. 2
Modifications etc. (not altering text)
C22References to N.I. Prime Minister and Minister to be construed as references to Chief Executive member and heads of N.I. departments respectively: Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), Sch. 5 paras. 5, 7(2)
(1)This Act may be cited as the Parliamentary Commissioner Act 1967.
(2)This Act shall come into force on such date as Her Majesty may by Order in Council appoint.
(3)A complaint under this Act may be made in respect of matters [F41whenever arising]; and for the purposes of subsection (3) of section 6 of this Act any time elapsing between the date of the passing and the date of the commencement of this Act (but not any time before the first of those dates) shall be disregarded.
Textual Amendments
F41Words substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 1(3)(b)
Modifications etc. (not altering text)
C231.4.1967 appointed under s. 14(2) by S.I. 1967/485
Section 2.
Textual Amendments
F42Sch. 1 (paras. 1-10) substituted (31.3.1995) for Sch. 1 (paras. 1-5) by 1993 c. 8, ss. 25, 31(2), Sch. 4 Pt. II para.2; S.I. 1995/631, art. 2
Modifications etc. (not altering text)
C24Sch. 1 (as substituted by 1993 c. 8) extended (5.2.1994) by 1993 c. 46, ss. 1(3), 22(4), Sch. 1 para.7
Sch. 1 (as substituted by 1993 c. 8) modified (5.2.1994) by 1993 c. 46, ss. 1(3), 22(4), Sch. 1 paras.8, 9(5)
Sch. 1 (as substituted by 1993 c. 8): power to modify conferred (5.2.1994) by 1993 c. 46, ss. 1(3), 22(4), Sch. 1 para. 9(2)
Sch. 1 (as substituted by 1993 C. 8): functions transferred (1.4.1995) by 1995/269, art. 3, Sch. para. 3
1U.K.A person who first holds office as the Commissioner on or after the appointed day shall be entitled, if he was a member of a judicial pension scheme immediately before he first holds that office, to elect between—
(a)the scheme of pensions and other benefits under that judicial pension scheme (his “former scheme”);
(b)(if different from his former scheme) the scheme of pensions and other benefits constituted by Part I of the 1993 Act (“the 1993 scheme”); and
(c)the scheme of pensions and other benefits applicable under section 1 of the Superannuation Act 1972 to the civil service of the State (“the civil service scheme”);
and, if he is not entitled to make an election under this paragraph, or if he is so entitled but fails to make such an election, he shall be treated as if he had been so entitled and had elected for the civil service scheme.
Modifications etc. (not altering text)
C25Sch. 1 paras. 1, 2 (as substituted by 1993 c. 8) restricted (5.2.1994) by 1993 c. 46, ss. 1(3), 22(4), Sch. 1 para. 9(3)
2(1)If a person who held the office of Commissioner before the appointed day has made an election under the former enactments for the old judicial scheme, he shall be entitled to make an election under this sub-paragraph between—U.K.
(a)the old judicial scheme; and
(b)the 1993 scheme;
and, if he fails to make an election under this sub-paragraph, he shall be taken to have elected for the old judicial scheme.
(2)If a person who held the office of Commissioner before the appointed day—
(a)has made an election under the former enactments for the civil service scheme, or
(b)has failed to make an election under those enactments (so that he is taken to have elected for the civil service scheme),
he shall be treated as if he had been entitled to make an election under this Schedule and had elected for the civil service scheme.
Modifications etc. (not altering text)
C26Sch. 1 paras. 1, 2 (as substituted by 1993 c. 8) restricted (5.2.1994) by 1993 c. 46, ss. 1(3), 22(4), Sch. 1 para. 9(3)
3U.K.Where a person elects under this Schedule for his former scheme, that scheme shall, subject to regulations under this Schedule, apply as if his service as Commissioner were service which was subject, in his case, to that scheme.
4(1)A person who elects under paragraph 1(b) or 2(1)(b) above for the 1993 scheme, shall be entitled, when he ceases to hold office as Commissioner, to a pension under Part I of the 1993 Act at the appropriate annual rate (within the meaning of that Act) if he has held that office for at least 5 years and either—U.K.
(a)he has attained the age of 65; or
(b)he is disabled by permanent infirmity for the performance of the duties of the office;
and, subject to the following provisions of, and regulations under, this Schedule, the provisions of Part I of that Act (other than sections 1(1) to (4) and 2) and of sections 19, 20 and 23 of, and Schedule 2 to, that Act (which provide for benefits in respect of earnings in excess of pension-capped salary, appeals and transfer of accrued rights) shall apply in relation to him and his service in the office of Commissioner as they apply in relation to a person to whom Part I of that Act applies.
(2)Subject to regulations under this Schedule, in the application of provisions of the 1993 Act by virtue of sub-paragraph (1) above, a person who elects for the 1993 scheme shall be treated—
(a)as if the office of Commissioner were a qualifying judicial office (within the meaning of that Act) by virtue of inclusion among the offices specified in Part I of Schedule 1 to that Act;
(b)as if his election under this Schedule were an election such as is mentioned in paragraph (d) of section 1(1) of that Act (so that, in particular, section 12 of that Act, which provides for the transfer of accrued rights into the scheme, applies);
(c)as if his pension by virtue of this Schedule were a pension under section 2 of that Act (and, accordingly, a judicial pension, within the meaning of that Act); and
(d)for the purpose of determining, in the event of his death, the rate of any surviving spouse’s or children’s pension payable under sections 5 to 8 of that Act in respect of his service as Commissioner, as if references in those sections to the annual rate of the deceased’s judicial pension were references—
(i)where a pension had commenced to be paid to him by virtue of sub-paragraph (1) above, to the appropriate annual rate of that pension; or
(ii)where no such pension had commenced to be paid to him, to the rate that would have been the appropriate annual rate of the pension payable to him by virtue of sub-paragraph (1)(b) above, had he not died, but been disabled by permanent infirmity for the performance of the duties of his office on and after the date of death;
and, in the application of that Act to the Commissioner (whether by virtue of paragraph 1(a) or (b) or 2(1)(b) above) the references to the appropriate Minister in sections 13 (election for personal pension), 19 (benefits in respect of earnings in excess of pension-capped salary) and 20 (appeals) of, and Schedule 2 (transfer of accrued rights) to, that Act shall be taken as references to the Treasury and the power conferred by paragraph 2 of that Schedule to make regulations shall be exercisable by the Treasury.
Modifications etc. (not altering text)
C27Sch. 1 para. 4 (as substituted by 1993 c. 8) modified (5.2.1994) by 1993 c. 46, ss. 1(3), 22(4), Sch. 1 para. 9(2)
5U.K.Where a person elects under this Schedule for the civil service scheme, the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall, subject to regulations under this Schedule, apply as if his service as Commissioner were service in employment in the civil service of the State.
6U.K.Where a person elects under this Schedule for the old judicial scheme, that scheme and the former enactments shall, subject to regulations under this Schedule, continue to have effect in relation to him and his service in the office of Commissioner.
7U.K.Any power to make an election under this Schedule shall be exercisable within such time and in such manner as may be prescribed in regulations under this Schedule.
8(1)The Treasury may make regulations for purposes supplementary to the other provisions of this Schedule.U.K.
(2)Any such regulations may, without prejudice to section 38 or 39A of the Superannuation Act 1965 (employment in more than one public office), make special provision with respect to the pensions and other benefits payable to or in respect of a person to whom—
(a)his former scheme,
(b)the 1993 scheme,
(c)the civil service scheme, or
(d)the old judicial scheme,
applies, or has applied, in respect of any service other than service as Commissioner.
(3)The provision that may be made by virtue of sub-paragraph (2) above includes provision—
(a)for aggregating—
(i)other service falling within his former scheme, the 1993 scheme or the old judicial scheme with service as Commissioner, or
(ii)service as Commissioner with such other service,
for the purpose of determining qualification for, or entitlement to, or the amount of, benefit under the scheme in question;
(b)for increasing the amount of the benefit payable under any of the schemes mentioned in paragraph (a)(i) above, in the case of a person to whom that scheme applied in respect of an office held by him before appointment as Commissioner, up to the amount that would have been payable under that scheme if he had retired from that office on the ground of permanent infirmity immediately before his appointment.
(4)Any statutory instrument made by virtue of this Schedule shall be subject to annulment in pursuance of a resolution of the House of Commons.
Modifications etc. (not altering text)
C28Sch. 1 para. 8 (as substituted by 1993 c. 8) modified (5.2.1994) by 1993 c. 46, ss. 1(3), 22(4), Sch. 1 paras. 9(2), 10(b)
9U.K.Any pension or other benefit granted by virtue of this Schedule shall be charged on, and issued out of, the Consolidated Fund.
10U.K.In this Schedule—
“the 1981 Act” means the Judicial Pensions Act 1981;
“the 1993 Act” means the Judicial Pensions and Retirement Act 1993;
“the appointed day” means the day on which Part II of Schedule 4 to the 1993 Act comes into force;
“the former enactments” means Schedule 1 to this Act, as it had effect from time to time before the appointed day;
“judicial pension scheme” means any public service pension scheme, as defined in—
under which pensions and other benefits are payable in respect of service in one or more qualifying judicial offices, within the meaning of the 1993 Act, but does not include the civil service scheme;
“the old judicial scheme” means the statutory scheme of pensions and other benefits applicable under or by virtue of the 1981 Act to the judicial offices listed in section 1 of that Act.]
Textual Amendments
F43Sch. 1 para. 10: Words in definition substituted (7.2.1994) by 1993 c. 48, ss. 190, 193(2), Sch. 8 para.1; S. I. 1994/86, art. 2
F44Sch. 1 para. 10: Words in definition substituted (7.2.1994) by 1993 c. 49, ss. 184, 186(2), Sch. 7 para.7; S.R. 1994/17, art. 2
Editorial Information
X1Sch. 2: due to the large number of entries contained in Sch. 2 and the frequency with which it has been amended, no separate versions are retained in respect of amendments coming into force after 25.11.2002 or which are not yet in force. Historic information relating to all such amendments is reflected in the current version (except that text replaced by substituted words or entries is not reproduced in the current version but is preserved in preceding versions).
Textual Amendments
F45Sch. 2 substituted (14.3.2005) by The Parliamentary Commissioner Order 2005 (S. I. 2005/249), art. 2, Sch. 1
F46Sch. 2 substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 1(2), Sch. 1
Modifications etc. (not altering text)
C29Sch. 2 amended (6.11.2000) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 10; S.I. 2000/2957, art. 2(1), Sch. 1
[F48Advisory Board on Family Law]
[F48Advisory Committee on Novel Foods and Processes]
Advisory, Conciliation and Arbitration Service.
[F48Advisory Council on Public Records]
[F48Agricultural Dwelling House Advisory Committees]
[F49Agricultural Wages Board for England and Wales]
Agricultural wages committees.
[F50Ministry of Agriculture, Fisheries and Food]
[F49Alcohol Education and Research Council]
[F48Apple and Pear Research Council]
[F51Arts Council of England]
[F52Arts Council of Wales (Cyngor Celfyddydau Cymru)]
Arts Council of Great Britain.
[F53Scottish Arts Council]
[F54Director of the Assets Recovery Agency.]
[F48Authorised Conveyancing Practitioners Board]
[F48Boundary Commission for Northern Ireland]
[F49Britain-Russia Centre and the British East-West Centre]
[F49British Association for Central and Eastern Europe]
British Council.
[F48British Educational Communications and Technology Agency]
[F48British Hallmaking Council]
British Library Board.
[F48British Museum]
[F48British Potato Council]
[F48British Tourist Authority]
[F48Broadcasting Standards Commission]
[F55Building Societies Commission.]
[F49Cabinet Office]
Central Police Training and Development Authority
Certification Officer.
[F57F58Central Statistical Office of the Chancellor of the Exchequer]
Charity Commission.
[F57Children and Family Court Advisory and Support Service.]
[F48Civil Aviation Authority]
[F48Civil Justice Council]
[F59Office of the Minister for the Civil Service]
Civil Service Commission.
[F48Clinical Standards Advisory Group]
[F60Commission for Health Improvement]
[F61The Commission for Patient and Public Involvement in Health.]
[F62Commissioner for Protection Against Unlawful Industrial Action]
[F48Commissioner for the Rights of Trade Union Members]
[F48Committee for Monitoring Agreements on Tobacco Advertising and Sponsorship]
[F48Committee of Investigation for Great Britain]
[F48Committee on Standards in Public Life]
[F63Commonwealth Institute]
[F48Commonwealth Scholarship Commission in the United Kingdom]
[F48Community Development Foundation]
[F49Competition Commission]
[F48Consumer Panel]
[F48Consumers’ Committee for Great Britain under the Agricultural Marketing Act 1958]
[F64Coal Authority.]
Co-operative Development Agency.
[F65Countryside Agency]
[F66Countryside Commission for Scotland]
[F67Countryside Council for Wales.]
Crafts Council.
[F68Crofters Commission]
Crown Estate Office.
[F69Department for Culture, Media, and Sport.]
Customs and Excise.
[F72Deer Commission for Scotland]
Ministry of Defence.
[F48Design Council]
Development Commission.
[F73 Disability Rights Commission]
[F74United Kingdom Ecolabelling Board]
[F75The Department for Education and Employment.]
[F48Docklands Light Railway]
[F76Education Assets Board.]
[F77Department for Education]
[F78 Department for Education and Skills]
Central Bureau for Educational Visits and Exchanges.
[F79Electoral Commission.]
[F80F48East Midlands Region Electricity Consumers’ Committee]
[F80[F81Office of the Director General of Electricity Supply.]]
[F82Department of Employment]
[F83Department of Energy]
[F84Department of the Environment]
[F85 Department for Environment, Food and Rural Affairs]
[F86Department for Transport]
[F87Department for Work and Pensions]
[F88English National Board for Nursing, Midwifery and Health Visiting]
[F89English Nature]
[F90[F91The Department of the Environment, Transport and the Regions.]]
[F92Environment Agency]
[F92Scottish Environment Protection Agency]
Equal Opportunities Commission.
Export Credits Guarantee Department.
[F93Office of the Director General of Fair Trading.]
British Film Institute.
[F48Fleet Air Arm Museum]
[F48Food Advisory Committee]
[F48Food from Britain]
[F94Food Standards Agency]
[F48Football Licensing Authority]
Foreign and Commonwealth Office.
Forestry Commission.
[F55Registry of Friendly Societies.]
[F48Further Education Funding Council for England]
[F49Gaming Board for Great Britain]
[F96Gas and Electricity Consumer Council.]
[F96Gas and Electricity Markets Authority.]
[F80Office of the Director General of Gas Supply.]
[F48Geffrye Museum]
[F48Gene Therapy Advisory Committee]
[F97General Social Care Council.]
[F47General Teaching Council for Scotland]
[F98Department of Health.]
Health and Safety Commission.
Health and Safety Executive.
. . . F99
[F100Highlands and Islands Development Board]
[F48Higher Education Funding Council for England]
Historic Buildings and Monuments Commission for England.
[F48Historic Royal Palaces]
[F48Home-Grown Cereals Authority]
Home Office.
[F48Horniman Museum and Gardens]
Horserace Betting Levy Board.
[F48Horticultural Development Council]
Housing Corporation.
[F101Housing for Wales]
[F102Human Fertilisation and Embryology Authority.]
[F103The Immigration Services Commissioner]
[F48Imperial War Museum]
Central Office of Information.
[F104Information Commissioner.]
Inland Revenue.
[F105Department for International Developement.]
[F106 Intervention Board for Agricultural Produce.]
[F48Investors in People UK]
[F48Joint Nature Conservation Committee]
Land Registry.
[F107Legal Aid Board]
[F108Scottish Legal Aid Board.]
[F109Legal Services Commission]
[F110The Legal Services Complaints Commissioner]
The following general lighthouse authorities—
(a) the Corporation of the Trinity House of Deptford Strond;
(b) the Commissioners of Northern Lighthouses.
[F47Local Government Boundary Commission for Scotland]
[F111Local Government Commission for England.]
[F48London Regional Passengers’ Committee]
[F48Lord Chancellor’s Advisory Committee on Legal Education and Conduct]
The Lord Chancellor’s Department.
Lord President of the Council’s Office.
. . . F112
. . . F113
[F48Marshall Aid Commemoration Commission]
[F48Meat and Livestock Commission]
[F114Medical Practices Committee.]
[F115Scottish Medical Practices Committee.]
[F48Medical Workforce Standing Advisory Committee]
[F80[F48Merseyside and North Wales Region Electricity Consumers’ Committee]]
[F48Milk Development Council]
[F48Millennium Commission]
[F116Monopolies and Mergers Commission]
Museums and Galleries Commission.
[F48Museum of London]
[F48Museum of Science and Industry in Manchester]
[F48National Army Museum]
[F48National Biological Standards Board (UK)]
[F117National Care Standards Commission.]
[F48National Consumer Council]
National Debt Office.
[F48National Employers’ Liaison Committee]
[F48National Endowment for Science, Technology and the Arts]
[F48National Film and Television School]
[F48National Forest Company]
[F47National Galleries of Scotland]
[F48National Gallery]
[F47National Library of Scotland]
[F47National Museums of Scotland]
[F118National Rivers Authority]
[F119Department of National Heritage.]
Trustees of the National Heritage Memorial Fund.
[F120Office of the Director General of the National Lottery]
[F121National Lottery Commission]
[F48National Lottery Charities Board]
Department for National Savings.
[F122Scottish Natural Heritage.]
[F48National Maritime Museum]
[F48National Museum of Science and Industry]
[F48National Museums and Galleries on Merseyside]
[F48National Portrait Gallery]
[F48National Radiological Protection Board]
[F48Natural History Museum]
Nature Conservancy Council.
[F125Nature Conservancy Council for Scotland]
[F48New Millennium Experience Company Ltd]
[F48New Opportunities Fund]
Commission for the New Towns.
Development corporations for new towns.
[F80[F48North Eastern Region Electricity Consumers’ Committee]]
[F80[F49North of Scotland Region Electricity Consumers’ Committee]]
[F80[F48North Western Region Electricity Consumers’ Committee]]
Northern Ireland Court Service.
[F48Northern Ireland Human Rights Commission]
Northern Ireland Office.
[F126Northern Ireland Policing Board]
[F51Occupational pensions Board]
[F127The Occupational Pensions Regulatory Authority]
[F128Office of the Commissioner for Protection Against Unlawful Industrial Action]
[F48Oil and Pipelines Agency]
[F48Parliamentary Boundary Commission for England]
[F49Parliamentary Boundary Commission for Scotland]
[F48Parliamentary Boundary Commission for Wales]
[F48Parole Board]
[F47Parole Board for Scotland]
[F129The Pensions Compensation Board]
Ordnance Survey.
[F58Office of Population Censuses and Surveys]
[F130Consumer Council for Postal Services]
[F131Police Information Technology Organisation]
[F133Postal Services Commission]
[F48Probation Board for Northern Ireland]
[F134Commissioner for Protection Against Unlawful Industrial Action]
Registrar of Public Lending Right.
Public Record Office.
[F135 Office of Fair Trading]
[F48Qualifications Curriculum Authority]
[F138The International Rail Regulator.]
[F140The Rail Regulator.]
Scottish Record Office.
Commission for Racial Equality.
[F141Rail Passengers’ Committees.]
[F141Rail Passengers’ Council.]
[F56[F48Rail Users’ Consultative Committee for Eastern England]]
[F56[F48Rail Users’ Consultative Committee for North Eastern England]]
[F56[F48Rail Users’ Consultative Committee for North Western England]]
[F56[F48Rail Users’ Consultative Committee for Southern England]]
[F56[F48Rail Users’ Consultative Committee for the Midlands]]
[F56[F48Rail Users’ Consultative Committee for Western England]]
[F48Remploy Ltd]
[F142Red Deer Commission]
[F115Department of the Registers of Scotland]
[F115General Register Office, Scotland]
[F143Agriculture and Food Research Council]
[F51Biotechnology and Biological Sciences Research Council]
[F51Council for the Central Laboratory of Research Councils]
Economic and Social Research Council.
[F51Engineering and Physical Sciences Research Council]
Medical Research Council.
Natural Environment Research Council.
[F51Particle Physics and Astronomy Research Council]
[F144Science and Engineering Research Council]
[F145The International Rail Regulator]
[F146Regional development agencies]
[F147(other than the London Development Agency)]
Residuary Bodies.
[F48Reviewing Committee on the Export of Works of Art]
[F148Office of the Commissioner for the Rights of Trade Union Members]
[F48Royal Air Force Museum]
[F48Royal Armouries Museum]
[F47Royal Botanic Garden, Edinburgh]
[F48Royal Botanic Gardens, Kew]
[F48 Royal Commission on Historical Manuscripts]
[F47Royal Commission on the Ancient and Historical Monuments of Scotland]
[F48Royal Commission on the Historical Monuments of England]
[F48Royal Marines Museum]
Royal Mint.
[F48Royal Naval Museum]
[F48Royal Navy Submarine Museum]
[F149Office of Her Majesty’s Chief Inspector of Schools in Wales.]
[F48Scientific Committee on Tobacco and Health]
[F47Scottish Agricultural Wages Board]
[F47Scottish Children’s Reporter Administration]
[F47Scottish Community Education Council]
[F47Scottish Consultative Council on the Curriculum]
[F47Scottish Council for Educational Technology]
[F115Scottish Courts Administration.]
[F150Scottish Environmental Protection Agency]
[F47Scottish Further Education Funding Council]
[F47Scottish Further Education Unit]
[F47Scottish Higher Education Funding Council]
[F151Scottish Homes.]
Scottish Office.
[F47Scottish Qualifications Authority]
[F47Scottish Screen Ltd]
[F47Scottish Studentship Selection Committee]
[F47Scottish Water and Sewerage Customers’ Council]
[F48Sea Fish Industry Authority]
[F152Office of the Secretary of State for Scotland]
[F153The Service Authority for the National Crime Squad.]
[F153The Service Authority for the National Criminal Intelligence Service.]
[F48Sir John Soane’s Museum]
Council for Small Industries in Rural Areas.
[F98Department of Social Security.]
Central Council for Education and Training in Social Work.
[F80[F48South Eastern Region Electricity Consumers’ Committee]]
[F80[F48South of Scotland Region Electricity Consumers’ Committee]]
[F80[F48South Wales Region Electricity Consumers’ Committee]]
[F80[F48South Western Region Electricity Consumers’ Committee]]
Sports Council.
[F154English Sports Council]
Scottish Sports Council.
[F154United Kingdom Sports Council.]
[F155Sports Council for Wales.]
[F156The Staff Commission for Wales (Comisiwn Staff Cymru).]
[F157Standards Board for England.]
[F48Standing Dental Advisory Committee]
[F48Standing Medical Advisory Committee]
[F48Standing Nursing and Midwifery Advisory Committee]
[F48Standing Pharmaceutical Advisory Committee]
Stationery Office.
[F158Strategic Rail Authority.]
[F159 The Office for National Statistics.]
[F48Tate Gallery]
[F48Teacher Training Agency]
Office of the Director General of Telecommunications.
[F48The Great Britain-China Centre]
[F48The Simpler Trade Procedures Board]
English Tourist Board.
[F115Scottish Tourist Board.]
[F155Wales Tourist Board]
Board of Trade.
Department of Trade and Industry.
Agricultural Training Board.
Clothing and Allied Products Industry Training Board.
Construction Industry Training Board.
Engineering Industry Training Board.
Hotel and Catering Industry Training Board.
Plastics Processing Industry Training Board.
Road Transport Industry Training Board.
. . . F160
[F161Traffic Director for London.]
[F84Department of Transport, Local Government and the Regions]
[F48Treasure Valuation Committee]
Treasury.
Treasury Solicitor.
[F48United Kingdom Atomic Energy Authority]
[F48United Kingdom Register of Organic Food Standards]
[F48United Kingdom Xenotransplantation Interim Regulatory Authority]
[F48Unrelated Live Transplant Regulatory Authority]
Urban development corporations [F162established for urban development areas wholly in England].
[F163Urban Regeneration Agency.]
[F48Victoria and Albert Museum]
[F164Development Board for Rural Wales]
[F48Wallace Collection]
[F48War Pensions Committees]
[F165Office of the Director General of Water Services.]
[F166Bwrdd yr Iaith Gymraeg (Welsh Language Board)]
Welsh Office.
[F48Westminster Foundation for Democracy]
[F48Wine Standards Board of the Vintners’ Company]
[F48Women’s National Commission]
[F48Yorkshire Region Electricity Consumers’ Committee]
[F167Youth Justice Board]
[F49Youth Justice Board for England and Wales]
Editorial Information
X2Sch. 2: this version of this provision contains details of amendments coming into force on or after 1.10.1991 and before 16.12.2003 (repealed text is retained). For previous amendment history, please refer to the earlier version.
Textual Amendments
F47Sch. 2: entries inserted (15.3.1999) by S.I. 1999/277, art. 2 and entries repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(5)(a), Pt. IV; S.I. 1998/3178, art. 3
F48Entries in Sch. 2 inserted (15.3.1999) by S.I. 1999/277, art. 2
F49Entries in Sch. 2 inserted (19.8.1999) by S.I. 1999/2028, art. 2
F50Entry in Sch. 2 repealed (27.3.2002) by S.I. 2002/794, art. 5(2), Sch. 2 (with art. 6)
F51Sch. 2: entries inserted (31.7.1995) by virtue of S.I. 1995/1615, art. 2
F52Sch. 2: entry inserted (31.7.1995) by virtue of S.I. 1995/1615, art. 2; and entry repealed (1.7.1999) by 1998 c. 38, s. 152, Sch. 18 Pt. I (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F53Sch. 2: entry inserted (31.7.1995) by virtue of S.I. 1995/1615, art. 2 and entry repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(5)(a), Pt. IV; S.I. 1998/3178, art. 3
F54Sch. 2: entry inserted (24.2.2003) by 2002 c. 29, ss. 456, 458(1), Sch. 11 para. 2(2); S.I. 2003/120, art. 2, Sch. (subject to arts. 3-7)
F55Entries in Sch. 2 repealed (1.12.2001) by S.I. 2001/3649, art. 274
F56Entries in Sch. 2 repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)
F57Entry in Sch. 2 inserted (1.4.2001) by 2000 c. 43, s. 11, Sch. 2 para. 17; S.I. 2001/919, art. 2(a)(e)
F58Sch. 2: entries repealed (1.4.1996) by S.I. 1996/273, art. 5(1), Sch. 2 para. 15(a)
F59Sch. 2: entry (which was inserted by S.I. 1987/2039, art. 4(1)(b)) omitted (6.7.1992) by virtue of S.I. 1992/1296, art. 6(1), Sch. para. 3(b)
F60Sch. 2: entry inserted (1.11.1999 for E.W. and otherwise 11.5.2001) by 1999 c. 8, s. 19, Sch. 2 para. 17; S.I. 1999/2793, art. 2(1)(b), Sch. 2; S.I. 2001/1985, art. 2(3)(b)
F61Entry in Sch. 2 inserted (1.1.2003) by 2002 c. 17, ss. 20(11), 42(3), Sch. 6 para. 17; S.I. 2002/3190, art. 2
F62Entry in Sch. 2 inserted (15.3.1999) by S.I. 1999/277, art. 2 and entry repealed (25.10.1999) by S.I. 1999 c. 26, s. 44, Sch. 9(6); S.I. 1999/2830, art. 2(3), Sch. 2 Pt. I (with Sch. 3 para. 4)
F63Sch. 2: entry repealed (7.1.2003) by 2002 c. 39, ss. 1(4), 3, 4(2), Sch. 1 para. 1, Sch. 3
F64Sch. 2: entry inserted (5.7.1994) by 1994 c. 21, s. 1, Sch. 1 Pt. I, para. 10
F65Sch. 2: “Countryside Agency”substituted for “Countryside Commission”(20.2.1999) by S.I. 1999/416, art. 3(d), Sch. 1 para. 3 (and by S.I. 1999/2028, art. 2 it is provided (19.8.1999) that the words “Countryside Commission”shall be deleted and the words “Countryside Agency”shall be inserted)
F66Sch. 2: entry repealed (1.4.1992) by Natural Heritage (Scotland) Act 1991 (c. 28), s. 27(2), Sch. 11; S.I. 1991/2633, art. 4
F67Entry inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 128(5), Sch. 6 para. 23(a) and entry repealed (1.7.1999) by 1998 c. 38, s. 152, Sch. 18 Pt. I (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F68Entry in Sch. 2 repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(5) Pt. IV ; S.I. 1998/3178, art. 3
F69Sch. 2: entry inserted (22.8.1997) by S.I. 1997/1744, art. 2(2), Sch. para. 2
F70Entry in Sch. 2 repealed (30.1.2001) by 2000 c. 36, ss. 18(4), 86, 87(2)(c)(d), Sch. 2 Pt. I para. 4, Sch. 8 Pt. II (with ss. 56, 78)
F71Sch. 2: “Data Protection Commissioner”substituted for “Data Protection Registrar”(1.3.2000) by 1998 c. 29, s. 74(1), Sch. 15 para. 2; S.I. 2000/183, art. 2(1)
F72Sch. 2: entry inserted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 3(b) and entry repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(5)(a), Pt. IV; S.I. 1998/3178, art. 3
F73Entry in Sch. 2 inserted (13.4.2000) by S.I. 2000/739, art. 2
F74Sch. 2: entry inserted (1.11.1992) by S.I. 1992/2383, reg. 2, Sch. Pt. I para. 9 and omitted (19.5.1999) by virtue of S.I. 1999/931, reg. 7
F75Sch. 2: entry inserted (1.1.1996) by S.I. 1995/2986, art. 11, Sch. para. 5 and entry repealed (27.6.2002) by S.I. 2002/1397, art. 12, Sch. 1 Pt. I para. 4(a)
F76Entry inserted by Education Reform Act 1988 (c. 40, SIF 40:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 67
F77Sch. 2: entry substituted (6.7.1992) ("Department for Education" substituted for "Department for Education and Science") by S.I. 1992/1296, art. 6(1), Sch. para. 3 and entry repealed (1.1.1996) by S.I. 1995/2986, art. 11, Sch. para. 5(a)
F78Entry in Sch. 2 inserted (27.6.2002) by S.I. 2002/1397, art. 12, Sch. Pt. I para. 4(b)
F79Entry in Sch. 2 inserted (16.2.2001) by 2000 c. 41, s. 158(1), Sch. 21 para. 2; S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)
F80Entries in Sch. 2 repealed (7.11.2000) by 2000 c. 27, s. 108, Sch. 8; S.I. 2000/2974, art. 2, Sch. (subject to arts. 3-12)
F81Entry inserted by Electricity Act 1989 (c. 29, SIF 44:1), ss. 1(5), 112(3), Sch. 1 para. 7, Sch. 17 para. 35(1)
F82Sch. 2: entry repealed (1.1.1996) by S.I. 1995/2986, art. 11, Sch. para. 5(a)
F83Sch. 2: entry repealed (5.7.1992) by S.I. 1992/1314, art. 5
F84Sch. 2: entries repealed (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. para. 2(a)
F85Entry in Sch. 2 inserted (27.3.2002) by S.I. 2002/794, art. 5(1), Sch. 1 para. 14 (with arts. 5(3), 6)
F86Entry in Sch. 2 inserted (13.8.2001) by S.I. 2001/2568, art. 16, Sch. para. 2(b)
F87Entry in Sch. 2 inserted (27.6.2002) by S.I. 2002/1397, art. 12, Sch. Pt. I para. 4(b)
F88Entry in Sch. 2 inserted (15.3.1999) by S.I. 1999/277, art. 2 and entry omitted (in accordance with art. 1(2)(3) of the amending S.I.) by virtue of S.I. 2002/253, art. 54, Sch. 5 (with art. 3(18))
F89Entry in Sch. 2 inserted (30.1.2001) by 2000 c. 37, ss. 73(4), 103(2), Sch. 8 para. 2(c)
F90Entry in Sch. 2 repealed (13.8.2001) by S.I. 2001/2568, art. 16, Sch. para. 2(a)
F91Sch. 2: entry inserted (26.1.1998) by S.I. 1997/2791, art. 6(1), Sch. para. 2(b)
F92Sch. 2: entries inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 11(a) (with ss. 7(6), 115, 117, 120, Sch. 23 para. 10(3)); S.I. 1996/186, art. 3
F93Sch. 2: entry repealed (1.4.2003) by 2002 c. 40, s. 278, Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3)
F94Sch. 2: entry inserted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 3; S.I. 2000/1066, art. 2
F95Sch. 2: entry inserted (8.6.1992) by Friendly Societies Act 1992 (c. 40), s. 1, Sch. 1 para. 12; S.I. 1992/1325, art. 2
F96Entries in Sch. 2 inserted (1.11.2000) by 2000 c. 27, s. 108, Sch. 6 Pt. III para. 43; S.I. 2000/2917, art. 2, Sch.
F97Entry in Sch. 2 inserted (7.5.2001 for E.) by 2000 c. 14, ss. 6, 54, 66, 122, Sch. 1 para. 24; S.I. 2001/1536, art. 2(2)(a)(ii)
F98Entry inserted by S.I. 1988/1843, art. 5(2)(b) and entry repealed (27.6.2002) by S.I. 2002/1397, art. 12, Sch. Pt. I para. 4(a)
F99Entry repealed by S.I. 1988/1843, art. 5(2)(a)
F100Words repealed (1.4.1991) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. III
F101Sch. 2: entry repealed (1.11.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. VI (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5
F102Entry inserted by Human Fertilisation and Embryology Act 1990 (c. 37, SIF 83:1), s. 5(3), Sch. 1 para. 14
F103Sch. 2: entry inserted (22.5.2000) by 1999 c. 33, s. 83, Sch. 5 para. 25; S.I. 2000/1282, art. 2, Sch.
F104Entry in Sch. 2 inserted (30.1.2001) by 2000 c. 36, ss. 18(4), 87(2)(c), Sch. 2 Pt. I para. 4 (with ss. 7(1)(7), 56, 78)
F105Sch. 2: entry inserted (22.8.1997) by S.I. 1997/1749, art. 8
F106Entry in Sch. 2 repealed (15.11.2001) by S.I. 2001/3686, reg. 6(2)
F107Sch. 2: entry repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I; S.I. 2000/774, art. 2(c), Sch.
F108Entry inserted by S.I. 1988/585, art. 2 and entry repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(5)(a), Pt. IV; S.I. 1998/3178, art. 3
F109Sch. 2: entry inserted (1.4.2000) by 1999 c. 22, s. 24, Sch. 4 para. 2; S.I. 2000/774, art. 2(a)
F110Sch. 2: entry inserted (1.11.2003) by 1999 c. 22, ss. 51, 108(1), Sch. 8 para. 9; S.I. 2003/2571, art. 2
F111Sch. 2: entry inserted (6.3.1992) by Local Government Act 1992 (c. 19), s. 12, Sch. 2 para. 11
F112Entry repealed by S.I. 1987/2039, art. 4(1)(a)
F113Entry repealed by Employment Act 1988 (c. 19, SIF 43:5), s. 33(2), Sch. 4
F114Entry in Sch. 2 repealed (1.4.2002) by 2001 c. 15, s. 67, Sch. 6 Pt. 1 (with ss. 64(a), 65(4)); S.I. 2002/1095, art. 2(3), Sch.
F115Sch. 2: entries repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(5)(a), Pt. IV; S.I. 1998/3178, art. 3
F116Sch. 2: entry inserted (15.3.1999) by S.I. 1999/277, art. 2; and deleted (19.8.1999) by S.I. 1999/2028, art. 2
F117Entry in Sch. 2 inserted (9.4.2001 for E.) by 2000 c. 14, ss. 6, 54, 66, 122, Sch. 1 para. 24; S.I. 2001/1193, art. 2(3)(b)
F118Sch. 2: entry repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 11(c)(i), Sch. 24 (with ss. 7(6), 115, 117, 120, Sch. 23 para. 10(3)); S.I. 1996/186, art. 3
F119Sch. 2: entry inserted (3.7.1992) by S.I. 1992/1311, art. 12(1)(a)
F120Sch. 2: entry inserted (25.10.1993) by 1993 c. 39, s. 3, Sch. 2 para. 7; S.I. 1993/2632, art. 2 and entry repealed (1.4.1999) by 1998 c. 22, ss. 1, 26, Sch. 1 Pt. III para. 9(b); Sch. 5 Pt. I; S.I. 1999/650, art. 2
F121Sch. 2: entry inserted (1.4.1999) by 1998 c. 22, s. 1(5), Sch. 1 Pt. III para. 9(a); S.I. 1999/650, art. 2
F122Sch. 2: entry inserted (27.11.1991) by Natural Heritage (Scotland) Act 1991 (c. 28), s. 27(1), Sch. 10 para. 3; S.I. 1991/2633, art. 3, Sch. and entry repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(5)(a), Pt. IV; S.I. 1998/3178, art. 3
F123Entry in Sch. 2 repealed (30.1.2001) by 2000 c. 37, ss. 73(4), 102, 103(2), Sch. 8 para. 2(c), Sch. 16 Pt. III
F124Sch. 2: entry inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 128(5), Sch. 6 para. 23(b) and repealed (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. III
F125Sch. 2: entry repealed (1.4.1992) by Natural Heritage (Scotland) Act 1991 (c. 28), s. 27(2), Sch. 11; S.I. 1991/2633, art. 4
F126Entry in Sch. 2 inserted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 2; S.R. 2001/396, art. 2, Sch.
F127Sch. 2: entry inserted (1.4.1996) by 1995 c. 26, s. 1(5), Sch. 1 para. 10; S.I. 1996/778, art. 2(3), Sch. Pt. III
F128Sch. 2: entry inserted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para. 2; and repealed (25.10.1999) by S.I. 1999 c. 26, s. 44, Sch. 9(6); S.I. 1999/2830, art. 2(3), Sch. 2 Pt. I (with Sch. 3 para. 4)
F129Sch. 2: entry inserted (1.8.1996) by 1996 c. 26, s. 78(8), Sch. 2 para. 9; S.I. 1996/1412, art. 2(1), Sch. Pt. I
F130Entry in Sch. 2 inserted (1.1.2001) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 9; S.I. 2000/2957, art. 2(2), Sch. 2
F131Sch. 2: entry inserted (1.4.1998) by 1997 c. 50, s. 134(1), Sch. 9 para. 7; S.I. 1998/354, art. 2
F132Entries in Sch. 2 repealed (1.1.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(2), Sch. 2
F133Sch. 2: entry inserted (1.4.2000) by S.I. 1999/2107, reg. 3(4)
F134Sch. 2: entry inserted (15.3.1999) by S.I. 1999/277, art. 2 and entry repealed (25.10.1999) by 1999 c. 26, s. 44, Sch. 9(6); S.I. 1999/2830, art. 2(3), Sch. 2 Pt. I
F135Entry in Sch. 2 inserted (1.4.2003) by 2002 c. 40, ss. 1, 279, Sch. 1 para. 14; S.I. 2003/766, art. 2, Sch. (with art. 3)
F136Sch. 2: words inserted (6.7.1992) by S.I. 1992/1296, art. 6(1), Sch. para. 3(c) and deleted (19.8.1999) by S.I. 1999/2028, art. 2
F137Sch. 2: words inserted (6.7.1992) by S.I. 1992/1296, art. 6(1), Sch. para. 3(c) and entry repealed (1.1.1996) by S.I. 1995/2985, art. 5(1), Sch. para. 2(a)
F138Sch. 2: entry inserted (1.1.1993) by S.I. 1992/3060, reg. 7(6), Sch. 2 para. 7
F139Sch. 2: entry inserted (5.11.1993) by 1993 c. 43, s. 1(6), Sch. 1 para. 7(a)
F140Sch. 2: entry inserted (5.11.1993) by 1993 c. 43, s. 1(6), Sch. 1 para. 7(b)
F141Entries in Sch. 2 inserted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 16; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)
F142Sch. 2: entry repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 3(b), Sch. 2
F143Sch. 2: entry deleted (31.7.1995) by S.I. 1995/1615, art. 2
F144Sch. 2: entry deleted (31.7.1995) by S.I. 1995/1615, art. 2
F145Sch. 2: entry inserted (27.7.1998) by S.I. 1998/1340, reg. 9(6), Sch. 2 para. 7
F146Sch. 2: entry inserted (25.11.1998 for specified purposes and otherwise 3.7.2000) by 1998 c. 45, s. 32, Sch. 7 para. 2; S.I. 1998/2952, art. 2(2); S.I. 2000/1173, art. 2(2)(c)
F147Sch. 2: words inserted (8.5.2000) by 1999 c. 29, s. 394(6); S.I. 2000/801, art. 2(b), Sch. Pt. 2
F148Entry inserted by Employment Act 1988 (c. 19, SIF 43:5), s. 19, Sch. 1 para. 12 and repealed (25.10.1999) by 1999 c. 26, s. 44, Sch. 9(6); S.I. 1999/2830, art. 2(3), Sch. 2 Pt. I (with Sch. 3 para. 4)
F149Sch. 2: entry inserted (E.W.) (31.8.1992) by 1992 c. 38, ss. 1(b), Sch. 1 para. 8; S.I. 1992/1157, art. 2, Sch. (and the said Sch. 1 para. 8 expressed to be brought into force as respects Scotland (1.5.1993) by S.I. 1993/1190, art. 2); amendment continued (1.11.1996) by 1996 c. 57, ss. 47(1), 48(2), Sch. 6 para. 1 and entry repealed (1.7.1999) by 1998 c. 38, s. 152, Sch. 18 Pt. I (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F150Sch. 2: entry inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 11(a) (with ss. 7(6), 115, 117, 120, Sch. 23 para. 10(3)); S.I. 1996/186, art. 3 and entry repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(5)(a), Pt. IV; S.I. 1998/3178, art. 3
F151Entry inserted (E.W.S.) by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 1, 3, Sch. 2 para. 2(a) and entry repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(5)(a), Pt. IV; S.I. 1998/3178, art. 3
F152Entry in Sch. 2 inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(5)(b); S.I. 1998/3178, art. 3
F153Entries in Sch. 2 inserted (1.4.2001) by 2001 c. 16, s. 128, Sch. 6 Pt. 3 para. 56; S.I. 2002/344, art. 3(k)
F154Sch. 2: entries inserted (18.11.1996) by S.I. 1996/2601, art. 2
F155Sch. 2: entries repealed (1.7.1999) by 1998 c. 38, s. 152, Sch. 18 Pt. I (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F157Entry in Sch. 2 inserted (19.12.2000 for E. and 19.12.2000 for specified purposes for W. and otherwise 28.7.2001) by 2000 c. 22, ss. 57, 108(4), Sch. 4 para. 17; S.I. 2000/3335, art. 1(2), 2
F158Entry in Sch. 2 inserted (15.1.2001) by 2000 c. 38, s. 204, Sch. 14 para. 27; S.I. 2000/3376, art. 2
F159Sch. 2: entry inserted (1.4.1996) by S.I. 1996/273, art. 5(1), Sch. 2 para. 15(b)
F160Entry inserted by Employment Act 1988 (c. 19, SIF 43:5), s. 33, Sch. 3 para. 8 and entry repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt I
F161Sch. 2: entry inserted (1.10.1991) by Road Traffic Act 1991 (c. 40), s. 52(2), Sch. 5 para. 11; S.I. 1991/2054, art. 3, Sch.
F162Sch. 2: words in entry “Urban development corporations”inserted (1.7.1999) by 1998 c. 38, s. 125, Sch. 12 para. 9(a) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F163Sch. 2: entry inserted (10.11.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 3(1); S.I. 1993/2762, art. 3
F164Sch. 2: entry repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4
F165Entry inserted by Water Act 1989 (c. 15, SIF 130), ss. 5, 58(7), 101(1), 141(6), 160(1)(2)(4), 189(4)–(10), 190, 193(1), Sch. 3 para. 6, Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
F166Sch. 2: entry inserted (21.12.1993) by 1993 c. 38, ss. 4, 36(1), Sch. 1 para. 5; and entry repealed (1.7.1999) by 1998 c. 38, s. 152, Sch. 18 Pt. I (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F167Sch. 2: entry inserted (15.3.1999) by S.I. 1999/277, art. 2 and entry deleted (19.8.1999) by S.I. 1999/2028, art. 2
Yn ddilys o 24/02/2003
[F168A1In the case of the Director of the Assets Recovery Agency an investigation under this Act may be conducted only in respect of the exercise of functions vested in him by virtue of a notice served on the Commissioners of Inland Revenue under section 317(2), 321(2) or 322(2) of the Proceeds of Crime Act 2002 (Inland Revenue functions).]
Textual Amendments
F168Sch. 2 Note A1 inserted (24.2.2003) by 2002 c. 29, ss. 456, 458(1), Sch. 11 para. 2(3); S.I. 2003/120, art. 2, Sch. (subject to arts. 3-7)
Yn ddilys o 16/12/2003
A2The reference to the Department for Constitutional Affairs includes the Lord Chancellor’s Department and the Public Trustee
1The reference to the Ministry of Defence includes the Defence Council, the Admiralty Board, the Army Board and the Air Force Board.
[F1691AThe reference to the Environment Agency is a reference to that Agency in relation to all its functions other than its flood defence functions, within the meaning of the M7Water Resources Act 1991 [F170; and no investigation under this Act shall be conducted in respect of any action in connection with functions of the Environment Agency in relation to Wales (within the meaning of the Government of Wales Act 1998).].]
Textual Amendments
F169Sch. 2 Note 1A inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 11(b) (with ss. 7(6), 115, 117, 120, Sch. 23 para. 10(3)(temp.)); S.I. 1996/186, art. 3
F170Sch. 2 Note 1A: words inserted (1.7.1999) by 1998 c. 38, ss. 125, 158(1), Sch. 12 para. 9(b) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
Marginal Citations
[F1711B In the case of the Forestry Commission no investigation under this Act shall be conducted in respect of any action in connection with functions of the Forestry Commissioners in relation to Wales (within the meaning of the Government of Wales Act 1998).]
Textual Amendments
F171Sch. 2 Note 1B inserted (1.7.1999) by 1998 c. 38, ss. 125, 158(1) Sch. 12 para. 9(c) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
2The reference to the Registry of Friendly Societies includes the Central Office, the Office of the Assistant Registrar of Friendly Societies for Scotland and the Office of the Chief Registrar and the Industrial Assurance Commissioner.
3In the case of the Corporation of the Trinity House of Deptford Strond an investigation under this Act may only be conducted in respect of action in connection with their functions as a general lighthouse authority.
4The reference to the Lord Chancellor’s Department includes the department of the Accountant General of the Supreme Court and the department of the Public Trustee (whether or not either office is held by the Permanent Secretary to the Lord Chancellor).
5The reference to the Lord President of the Council’s Office F172. . . does not include the Privy Council Office.
Textual Amendments
F172Words in Sch. 2 Note 5 omitted (3.7.1992) by virtue of S.I. 1992/1311, art. 12(1)(b)
[F1736The reference to the Cabinet Office does not include any of the Secretariats, the Joint Intelligence Organisation or the office of the Secretary of the Cabinet and Head of the Home Civil Service, but includes the executive agencies of the Cabinet Office and the office of any Minister whose expenses are defrayed out of moneys provided by Parliament for the service of the Cabinet Office, and the reference to the Treasury includes its subordinate departments and the office of any Minister whose expenses are defrayed out of moneys provided by Parliament for the service of the Treasury.]
Textual Amendments
F173Sch. 2 Note 6 substituted (19.8.1999) by S.I. 1999/2028, art. 3
7In the case of the Commission for the New Towns [F174or a development corporation for a new town], no investigation shall be conducted under this Act in respect of any action in connection with functions in relation to housing.
Textual Amendments
F174Sch. 2 Note 7: Words substituted (1.10.1998) by 1998 c. 38, s. 129, Sch. 15 para. 2 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4
8The reference to the Treasury Solicitor does not include a reference to Her Majesty’s Procurator General.
[F1758AIn the case of Scottish Homes no investigation shall be conducted under this Act in respect of any of its actions as a landlord.]
Textual Amendments
F175Note 8A inserted (1.4.1989) (E.W.S.) after Note 8 by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 1, 3, Sch. 2 para. 2(b)
F1769
Textual Amendments
F176Note 9 inserted (7.7.1989 (E.W.), 1.9.1989 (S.) (N.I.)) after Note 8 by Water Act 1989 (c. 15, SIF 130), ss. 1, 58(7), 101(1), 141(6), 160(1)(2)(4), 189(4)–(10), 190, 193(1), Sch. 1 para. 11(b), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
Sch. 2 Note 9 (as inserted by 1989 c. 15) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 11(c)(ii), Sch. 24 (with ss. 7(6), 115, 117, 120, Sch. 23 para. 10(3)); S.I. 1996/186, art. 3
9In the case of an urban development corporation no investigation under this Act shall be conducted in respect of any action in connection with functions in relation to town and country planning.
10In relation to any function exercised on behalf of the Crown by a department or authority to which this Act applies which was previously exercisable on behalf of the Crown by a department or authority to which this Act does not apply, the reference to the department or authority to which this Act applies includes a reference to the other department or authority if the other department or authority—
(a)ceased to exercise the function before the commencement of this Act; or
(b)where it exercised the function after the commencement of this Act, only did so when it was a department or authority to which this Act applied.
[F17711In the case of the Urban Regeneration Agency no investigation under this Act shall be conducted in respect of any action in connection with functions in relation to town and country planning.]
Textual Amendments
F177Sch. 2 Note 11 inserted (10.11.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 3(2); S.I. 1993/2762, art.3
Yn ddilys o 15/11/2004
13In the case of the Government Actuary’s Department an investigation may be conducted under this Act only in respect of the giving of advice by the Government Actuary’s Department on or before 26 April 2001 relating to the exercise of functions under-
(a)Part 2 of the Insurance Companies Act 1982 F178, or
(b)any other enactment relating to the regulation of insurance companies within the meaning of that Act.
Textual Amendments
F1781982 c. 50; repealed by S.I. 2001/3649.
1U.K.Action taken in matters certified by a Secretary of State or other Minister of the Crown to affect relations or dealings between the Government of the United Kingdom and any other Government or any international organisation of States or Governments.
2Action taken, in any country or territory outside the United Kingdom, by or on behalf of any officer representing or acting under the authority of Her Majesty in respect of the United Kingdom, or any other officer of the Government of the United Kingdom [F179other than action which is taken by an officer (not being an honorary consular officer) in the exercise of a consular function on behalf of the government of the United Kingdom . . . F180.]
Textual Amendments
F179Words added by S.I. 1979/915, art. 2
F180Words repealed by S.I. 1988/1985, art. 2
3U.K.Action taken in connection with the administration of the government of any country or territory outside the United Kingdom which forms part of Her Majesty’s dominions or in which Her Majesty has jurisdiction.
4Action taken by the Secretary of State under the M8Extradition Act 1870 [F181, the Fugitive Offenders Act 1967 or the Extradition Act 1989].
Textual Amendments
F181Words substituted by Extradition Act 1989 (c. 33, SIF 48), s. 36(1)
Modifications etc. (not altering text)
C30Para. 4 extended by Fugitive Offenders Act 1967 (c. 68, SIF 48), s. 21(4)
Marginal Citations
M81870 c. 52(48).
5U.K.Action taken by or with the authority of the Secretary of State for the purposes of investigating crime or of protecting the security of the State, including action so taken with respect to passports.
Modifications etc. (not altering text)
C31Sch. 3 para. 5 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(a)
6The commencement or conduct of civil or criminal proceedings before any court of law in the United Kingdom, of proceedings at any place under the M9Naval Discipline Act 1957, the M10Army Act 1955 or the M11Air Force Act 1955, or of proceedings before any international court or tribunal.
[F1826AU.K.Action taken by any person appointed by the Lord Chancellor as a member of the administrative staff of any court or tribunal, so far as that action is taken at the direction, or on the authority (whether express or implied), of any person acting in a judicial capacity or in his capacity as a member of the tribunal.]
Textual Amendments
[F1836B(1)Action taken by any member of the administrative staff of a relevant tribunal, so far as that action is taken at the direction, or on the authority (whether express or implied), of any person acting in his capacity as a member of the tribunal.U.K.
(2)In this paragraph, “relevant tribunal” has the meaning given by section 5(8) of this Act.]
Textual Amendments
F183Sch. 3 para. 6B inserted (5.9.1994) by 1994 c. 14, ss. 1(2), 3(2)
Modifications etc. (not altering text)
C32Sch. 3 para. 6B(2) extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(b)
[F1846CAction taken by any person appointed under section 5(3)(c) of the Criminal Injuries Compensation Act 1995, so far as that action is taken at the direction, or on the authority (whether express or implied), of any person acting in his capacity as an adjudicator appointed under section 5 of that Act to determine appeals.]
Textual Amendments
F184Sch. 3 para. 6C inserted (8.11.1995) by 1995 c. 53, s. 10(2)(3)
7Any exercise of the prerogative of mercy or of the power of a Secretary of State to make a reference in respect of any person to F185. . . the High Court of Justiciary or the Courts-Martial Appeal Court.
Textual Amendments
F185Sch. 3 para. 7: words repealed (31.3.1997) by 1995 c. 35, s. 29(2), Sch. 3; S.I. 1997/402, arts. 3(f), 4.
Modifications etc. (not altering text)
C33Sch. 3 para. 7 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(a)
C34Sch. 3 para. 7 continued (28.2.1999) by S.I. 1999/652, art. 3(2)
8Action taken on behalf of the Minister of Health or the Secretary of State by a [F186Health Authority, a Special Health Authority][F187except the Rampton Hospital Review Board][F188 . . . F189 the Rampton Hospital Board], [F190the Broadmoor Hospital Board or the Moss Side and Park Lane Hospitals Board,]. . . a Health Board or the Common Services Agency for the Scottish Health Service [F191by the Dental Practice Board or the Scottish Dental Practice Board], or by the Public Health Laboratory Service Board.
Textual Amendments
F186Sch. 3 para. 8: words substituted (28.6.1995) by 1995 c. 17, s. 2(1), Sch. 1 para. 93(a)
F187Words inserted by S.I. 1981/736, art. 2
F188Words inserted by S.I. 1986/1168, art. 2
F189Word repealed by S.I. 1987/661, art. 2(a)
F190Words inserted by S.I. 1987/661, art. 2(b)
F191Words in Sch. 3 para. 8 inserted (5.2.1994) by 1993 c. 46, ss. 20, 22(4), Sch. 2 para. 2
Modifications etc. (not altering text)
C35Sch. 3 para. 8 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(a)
9U.K.Action taken in matters relating to contractual or other commercial transactions, whether within the United Kingdom or elsewhere, being transactions of a government department or authority to which this Act applies or of any such authority or body as is mentioned in paragraph (a) or (b) of subsection (1) of section 6 of this Act and not being transactions for or relating to—
(a)the acquisition of land compulsorily or in circumstances in which it could be acquired compulsorily;
(b)the disposal as surplus of land acquired compulsorily or in such circumstances as aforesaid.
Modifications etc. (not altering text)
C36Sch. 3 para. 9 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(c)
10[F192(1)] Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters, in relation to—
(a)service in any of the armed forces of the Crown, including reserve and auxiliary and cadet forces;
(b)service in any office or employment under the Crown or under any authority [F193to which this Act applies]; or
(c)service in any office or employment, or under any contract for services, in respect of which power to take action, or to determine or approve the action to be taken, in such matters is vested in Her Majesty, any Minister of the Crown or any such authority as aforesaid.
[F194(2)Sub-paragraph (1)(c) above shall not apply to any action (not otherwise excluded from investigation by this Schedule) which is taken by the Secretary of State in connection with:—
(a)the provision of information relating to the terms and conditions of any employment covered by an agreement entered into by him under section 12(1) of the M12Overseas Development and Co-operation Act 1980 or
(b)the provision of any allowance, grant or supplement or any benefit (other than those relating to superannuation) arising from the designation of any person in accordance with such an agreement.]
Textual Amendments
F192Sch. 3 para. 10 renumbered as Sch. 3 para. 10(1) by S.I. 1983/1707, art. 2(a)
F193Words substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39 SIF 89), s. 1(3)(c)
F194Sch. 3 para. 10(2) inserted by S.I. 1983/1707, art. 21(b)
Modifications etc. (not altering text)
C37Sch. 3 para. 10 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(c)
Marginal Citations
M121980 c. 63(88).
11U.K.The grant of honours, awards or privileges within the gift of the Crown, including the grant of Royal Charters.
Yn ddilys o 03/04/2006
[F19512(1)Action not otherwise within this Schedule which is taken in the course of administrative functions exercised at the direction, or on the authority (whether express or implied), of a judge of any court established under the law of England and Wales or Northern Ireland.U.K.
(2)In this paragraph “judge” includes—
(a)a person appointed under section 89 of, and Part 2 or 3 of Schedule 2 to, the Supreme Court Act 1981, and
(b)a Master or District Judge appointed under section 70 of, and Schedule 3 to, the Judicature (Northern Ireland) Act 1978.]
Textual Amendments
F195Sch. 3 para. 12 inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 145, 148, Sch. 17 para. 6(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 28
Editorial Information
X3Sch. 4: this version of this provision contains details of amendments coming into force on or after 8.5.1998 and before 14.3.2005 (repealed text is retained). For previous amendment history, please refer to earlier versions.
Textual Amendments
F196Sch. 4 inserted (5.9.1994) by 1994 c. 14, s. 1(3)
F197Sch. 4 substituted (14.3.2005) by The Parliamentary Commissioner Order 2005 (S.I. 2005/249), art. 3, Sch. 2
[F198Adjudicators appointed under article 7 (1) (b) of the Criminal Injuries Compensation (Northern Ireland) Order 2002 F199]
[F200Agricultural Land Tribunals constituted under section 73 of the Agriculture Act 1947 F201.]
[F200Central Arbitration Committee constituted under section 259 of the Trade Union and Labour Relations (Consolidation) Act 1992 F202.]
[F203Appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998]
[F200Commons Commissioners constituted under section 17 of the Commons Registration Act 1965 F204.]
[F205Competition Appeal Tribunal constituted under section 12 of the Enterprise Act 2002.]
[F200Copyright Tribunal constituted under section 145 of the Copyright Designs and Patents Act 1988 F206.]
[F207[F208Court of the Lord Lyon provision for whose powers and constitution was made in the Lyon King of Arms Act 1592 F209 and the Lyon King of Arms Act 1867 F210.]]
[F211Tribunals constituted in Great Britain under regulations made under section 4 of the M13Vaccine Damage Payments Act 1979.]
[F200Dairy Produce Quota Tribunal for England and Wales constituted under regulation 6 of the Dairy Produce Quotas Regulations 1984 F212 and continued in existence under regulation 35 of, and Schedule 6 to, the Dairy Produce Quotas Regulations 1994 F213.]
[F207[F208Dairy Produce Quota Tribunal for Scotland constituted under regulation 6 of the Dairy Produce Quotas Regulations 1984 F214 and continued in existence under regulation 35 of, and Schedule 6 to, the Dairy Produce Quotas Regulations 1994 F215.]]
[F216Information Tribunal constituted under section 6 of the Data Protection Act 1998].
[F211 Social security appeal tribunals constituted under section 41 of the M14Social Security Administration Act 1992.]
[F211Disability appeal tribunals constituted under section 43 of that Act.]
[F200Employment Appeal Tribunal established under section 87 of the Employment Protection Act 1975 F217 and continued in existence under section 135 of, and Schedule 11 to, the Employment Protection (Consolidation) Act 1978 F218.]
[F219Financial Services and Markets Tribunal constituted under section 132 of the Financial Services and Markets Act 2000.]
[F207[F220Financial Services Tribunal constituted under section 96 of the Financial Services Act 1986 F221.]]
[F200Foreign Compensation Commission constituted under section 1 of the Foreign Compensation Act 1950 F222.]
[F200Horserace Betting Levy Appeal Tribunal for England and Wales constituted under section 29 of the Betting, Gaming and Lotteries Act 1963 F223.]
[F200The Appeal Tribunal established for Scotland under section 29 of the Betting, Gaming and Lotteries Act 1963 which is known as the Horserace Betting Levy Appeal Tribunal for Scotland F224.]
[F200Independent Schools Tribunals for England and Wales constituted under section 72 of, and Schedule 6 to, the Education Act 1944 F225.]
[F207[F208Independent Schools Tribunals for Scotland constituted under section 100 of, and Schedule 2 to, the Education (Scotland) Act 1980 F226.]]
[F200[F227Employment Tribunals] (England and Wales) established under regulation 4 of the [F227Employment Tribunals] (Constitution and Rules of Procedure) Regulations 1993 F228.]
[F200[F227Employment Tribunals] (Scotland) established under regulation 4 of the [F227Employment Tribunals] (Constitution and Rules of Procedure) (Scotland) Regulations 1993 F229.]
[F200Insolvency Practitioners Tribunal referred to in section 396 of the Insolvency Act 1986 F230.]
[F207[F208Lands Tribunal for Scotland constituted under section 1 of the Lands Tribunal Act 1949 F231.]]]
[F200Meat Hygiene Appeals Tribunal constituted under regulation 6(2) of, and Schedule 15 to, the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 F232, regulation 6(2) of, and Schedule 21 to, the Fresh Meat (Hygiene and Inspection) Regulations 1995 F233 and regulation 5(2) of, and Schedule 12 to, the Wild Game Meat (Hygiene and Inspection) Regulations 1995 F234[F235other than a Tribunal any of whose members was appointed by the Secretary of State for Scotland or by the Scottish Ministers].]
[F236 Medical appeal tribunals constituted under section 50 of that Act.]
[F200Misuse of Drugs Advisory Body constituted under section 16(1) of, and Part II of Schedule 3 to, the Misuse of Drugs Act 1971 F237.]
[F200Misuse of Drugs Professional Panel constituted under section 16(1) of, and Part III of Schedule 3 to, the Misuse of Drugs Act 1971.]
[F200Misuse of Drugs Tribunal constituted under section 16(1) of, and Part I of Schedule 3 to, the Misuse of Drugs Act 1971.]
[F207[F238Pensions Appeal Tribunal for Scotland constituted under section 6 of, and the Schedule to, the Pensions Appeal Tribunals Act 1943 F239.]]
[F200Pensions Ombudsman established under section 145 of the Pension Schemes Act 1993 F240.]
[F200Persons hearing consumer credit licensing appeals appointed under regulation 19 of the Consumer Credit Licensing (Appeals) Regulations 1976 F241.]
[F200Persons hearing estate agents’ appeals appointed under regulation 19 of the Estate Agents (Appeals) Regulations 1981 F242.]
[F200Plant Varieties and Seeds Tribunal [F243(referred to in section 42 of the Plant Varieties Act 1997)].]
[F200Reference Committees constituted under section 27 of the Forestry Act 1967 F244.]
[F200Registered Homes Tribunals constituted under section 40 of the Registered Homes Act 1984 F245.]
[F200Registered Inspectors of Schools Appeal Tribunals constituted under section 12 of, and Schedule 3 to, the Education (Schools) Act 1992 F246.]
[F200Rent Assessment Committees constituted under section 65 of, and Schedule 10 to, the Rent Act 1977 F247 and also known as Leasehold Valuation Tribunals for the purpose of determinations pursuant to section 21(1), (2) and (3) of the Leasehold Reform Act 1967 F248 as amended by section 142 of, and Schedule 22 to, the Housing Act 1980 F249 and section 91 of the Leasehold Reform, Housing and Urban Development Act 1993 F250 and as rent tribunals for the purpose of references pursuant to the provisions in Part V of the Rent Act 1977 F251 as amended by section 72 of the Housing Act 1980 F252.]
[F207[F208Rent Assessment Committees for Scotland constituted under section 44 of, and Schedule 4 to, the Rent (Scotland) Act 1984 F253.]]
[F207[F208Scottish Land Court constituted under section 3 of the Small Landholders (Scotland) Act 1911 F254.]]
[F255Special Educational Needs and Disability Tribunal]
[F256Traffic Commissioners appointed under section 4 of the Public Passenger Vehicles Act 1981 F257]
Tribunals of Appeal constituted under section 109 of the London Building Acts (Amendment) Act 1939.
[F200Valuation Tribunals established under regulation 3 of the Valuation and Community Charge Tribunals Regulations 1989 F258 as amended by regulation 5 of the Valuation and Community Charge Tribunals (Amendment) Regulations 1993 F259.]
Textual Amendments
F198Sch. 4: entry inserted (16.12.2003) by The Parliamentary Commissioner Order 2003 (S.I. 2003/2921), art. 4(a)
F200Sch. 4: entries inserted (23.8.1996) by S.I. 1996/1914, art. 2
F203Entry in Sch. 4 substituted (19.8.1999) by S.I. 1999/2028, art. 4
F205Sch. 4: entry inserted (20.6.2003) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 2, Sch. para.1
F207Sch. 4: entries inserted (23.8.1996) by S.I. 1996/1914, art. 2
F208Entries in Sch. 4 omitted (1.7.1999) by virtue of S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(6); S.I. 1998/3178, art. 3
F21030 Vict. c.17.
F211Entries in Sch. 4 deleted (13.4.2000) by S.I. 2000/739, art. 3
F216Entry in Sch. 4 substituted (14.5.2001) by 2000 c. 36, s. 18(4), Sch. 2 Pt. I para. 5 (with ss. 7(1)(7), 56, 78); S.I. 2001/1637, art. 2(b)
F219Entry in Sch. 4 inserted (1.12.2001) by S.I. 2001/3649, art. 275
F220Sch. 4: entry deleted (16.12.2003) by The Parliamentary Commissioner Order 2003 (S.I. 2003/2921), art. 4(b)
F227Words in Sch. 4 substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
F235Words in Sch. 4 in entry relating to “Meat Hygiene Appeals Tribunal”inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(6); S.I. 1998/3178, art. 3
F236Entry in Sch. 4 deleted (6.9.1999) by S.I. 1999/2028, art. 5
F238Sch. 4: entry deleted (16.12.2003) by The Parliamentary Commissioner Order 2003 (S.I. 2003/2921), art. 4(b)
F2396 & 7 Geo 6. c.39.
F243Words in the definition in Sch. 4 substituted (8.5.1998) by 1997 c. 66, s. 51(3); S. I. 1998/1028, art. 2
F2541 & 2 Geo 5. c.49.
F255Sch. 4: entry substituted (16.12.2003) by The Parliamentary Commissioner Order 2003 (S.I. 2003/2921), art. 4(c)
F256Sch. 4: entry inserted (16.12.2003) by The Parliamentary Commissioner Order 2003 (S.I. 2003/2921), art.4(a)
Marginal Citations
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