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SCHEDULES

Section 2.

[F1SCHEDULE 1U.K. Pensions and other benefits

Textual Amendments

F1Sch. 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)

C1Sch. 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

Persons taking office after the appointed dayU.K.

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)

C2Sch. 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)

Transitional provision for persons appointed before the appointed dayU.K.

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)

C3Sch. 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)

Effect of election to continue in former schemeU.K.

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.

Effect of election for the 1993 schemeU.K.

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)

C4Sch. 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)

Effect of election for, or to continue in, the civil service schemeU.K.

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.

Effect of election to continue in the old judicial schemeU.K.

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.

Time for, and manner of, electionU.K.

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.

RegulationsU.K.

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)

C5Sch. 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)

Pensions and benefits to be charged on the Consolidated FundU.K.

9U.K.Any pension or other benefit granted by virtue of this Schedule shall be charged on, and issued out of, the Consolidated Fund.

InterpretationU.K.

10U.K.In this Schedule—

Textual Amendments

F2Sch. 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

F3Sch. 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

[F4X1F5SCHEDULE 2U.K. Departments Etc. Subject to Investigation]

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

Modifications etc. (not altering text)

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

F6Sch. 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

F7Entries in Sch. 2 inserted (15.3.1999) by S.I. 1999/277, art. 2

F8Entries in Sch. 2 inserted (19.8.1999) by S.I. 1999/2028, art. 2

F9Entry in Sch. 2 repealed (27.3.2002) by S.I. 2002/794, art. 5(2), Sch. 2 (with art. 6)

F10Sch. 2: entries inserted (31.7.1995) by virtue of S.I. 1995/1615, art. 2

F11Sch. 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

F12Sch. 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

F13Sch. 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)

F14Entries in Sch. 2 repealed (1.12.2001) by S.I. 2001/3649, art. 274

F15Entries 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)

F16Entry 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)

F17Sch. 2: entries repealed (1.4.1996) by S.I. 1996/273, art. 5(1), Sch. 2 para. 15(a)

F18Sch. 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)

F19Sch. 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)

F20Entry 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

F21Entry 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)

F22Sch. 2: entry repealed (7.1.2003) by 2002 c. 39, ss. 1(4), 3, 4(2), Sch. 1 para. 1, Sch. 3

F23Sch. 2: entry inserted (5.7.1994) by 1994 c. 21, s. 1, Sch. 1 Pt. I, para. 10

F24Sch. 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)

F28Sch. 2: entry inserted (22.8.1997) by S.I. 1997/1744, art. 2(2), Sch. para. 2

F29Entry 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)

F30Sch. 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)

F32Entry in Sch. 2 inserted (13.4.2000) by S.I. 2000/739, art. 2

F33Sch. 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

F34Sch. 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)

F36Sch. 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)

F37Entry in Sch. 2 inserted (27.6.2002) by S.I. 2002/1397, art. 12, Sch. Pt. I para. 4(b)

F38Entry 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)

F39Entries 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)

F41Sch. 2: entry repealed (1.1.1996) by S.I. 1995/2986, art. 11, Sch. para. 5(a)

F42Sch. 2: entry repealed (5.7.1992) by S.I. 1992/1314, art. 5

F43Sch. 2: entries repealed (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. para. 2(a)

F44Entry in Sch. 2 inserted (27.3.2002) by S.I. 2002/794, art. 5(1), Sch. 1 para. 14 (with arts. 5(3), 6)

F45Entry in Sch. 2 inserted (13.8.2001) by S.I. 2001/2568, art. 16, Sch. para. 2(b)

F46Entry in Sch. 2 inserted (27.6.2002) by S.I. 2002/1397, art. 12, Sch. Pt. I para. 4(b)

F47Entry 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))

F48Entry in Sch. 2 inserted (30.1.2001) by 2000 c. 37, ss. 73(4), 103(2), Sch. 8 para. 2(c)

F49Entry in Sch. 2 repealed (13.8.2001) by S.I. 2001/2568, art. 16, Sch. para. 2(a)

F50Sch. 2: entry inserted (26.1.1998) by S.I. 1997/2791, art. 6(1), Sch. para. 2(b)

F52Sch. 2: entry repealed (1.4.2003) by 2002 c. 40, s. 278, Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3)

F55Entries 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.

F56Entry 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)

F57Entry 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)

F58Entry repealed by S.I. 1988/1843, art. 5(2)(a)

F60Sch. 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

F62Sch. 2: entry inserted (22.5.2000) by 1999 c. 33, s. 83, Sch. 5 para. 25; S.I. 2000/1282, art. 2, Sch.

F63Entry 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)

F64Sch. 2: entry inserted (22.8.1997) by S.I. 1997/1749, art. 8

F65Entry in Sch. 2 repealed (15.11.2001) by S.I. 2001/3686, reg. 6(2)

F71Entry repealed by S.I. 1987/2039, art. 4(1)(a)

F73Entry 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.

F75Sch. 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

F76Entry 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)

F78Sch. 2: entry inserted (3.7.1992) by S.I. 1992/1311, art. 12(1)(a)

F79Sch. 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

F82Entry 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

F85Entry 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.

F87Sch. 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)

F89Entry 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

F91Entries 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

F92Sch. 2: entry inserted (1.4.2000) by S.I. 1999/2107, reg. 3(4)

F93Sch. 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

F94Entry 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)

F95Sch. 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

F96Sch. 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)

F97Sch. 2: entry inserted (1.1.1993) by S.I. 1992/3060, reg. 7(6), Sch. 2 para. 7

F98Sch. 2: entry inserted (5.11.1993) by 1993 c. 43, s. 1(6), Sch. 1 para. 7(a)

F99Sch. 2: entry inserted (5.11.1993) by 1993 c. 43, s. 1(6), Sch. 1 para. 7(b)

F100Entries 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)

F101Sch. 2: entry repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 3(b), Sch. 2

F102Sch. 2: entry deleted (31.7.1995) by S.I. 1995/1615, art. 2

F103Sch. 2: entry deleted (31.7.1995) by S.I. 1995/1615, art. 2

F104Sch. 2: entry inserted (27.7.1998) by S.I. 1998/1340, reg. 9(6), Sch. 2 para. 7

F105Sch. 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)

F108Sch. 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

F112Entries 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)

F113Sch. 2: entries inserted (18.11.1996) by S.I. 1996/2601, art. 2

F114Sch. 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

F115Sch. 2: entry inserted (5.7.1994) by 1994 c. 19, s. 40(4), Sch. 14, para. 11

F116Entry 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

F117Entry in Sch. 2 inserted (15.1.2001) by 2000 c. 38, s. 204, Sch. 14 para. 27; S.I. 2000/3376, art. 2

F118Sch. 2: entry inserted (1.4.1996) by S.I. 1996/273, art. 5(1), Sch. 2 para. 15(b)

F121Sch. 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

F125Sch. 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

F126Sch. 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

NOTESU.K.

Yn ddilys o 24/02/2003

[F127A1In 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

F127Sch. 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.

[F1281AThe 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 M1Water Resources Act 1991.]

Textual Amendments

F128Sch. 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

Marginal Citations

Yn ddilys o 01/07/1999

[F1291B 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

F129Sch. 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 F130. . . does not include the Privy Council Office.

Textual Amendments

F130Words in Sch. 2 Note 5 omitted (3.7.1992) by virtue of S.I. 1992/1311, art. 12(1)(b)

6The references to the [F131Office of Public Service F132. . .] and the Treasury do not include the Cabinet Office, but subject to that include the subordinate departments of the [F131Office of Public Service F132. . .] and of the Treasury and the office of any Minister whose expenses are defrayed out of moneys provided by Parliament for service of the [F131Office of Public Service F132. . .] or the Treasury.

Textual Amendments

F131Words in Sch. 2 Note 6 substituted (6.7.1992) by virtue of S.I. 1992/1296, art. 6(1), Sch. para. 3(d)

F132Sch. 2 Note 6: words repealed (1.1.1996) by S.I. 1998/2985, art. 5(1), Sch. para. 2(b)

7In the case of the Commission for the New Towns, a development corporation for a new town or the Development Board for Rural Wales, no investigation shall be conducted under this Act in respect of any action in connection with functions in relation to housing.

8The reference to the Treasury Solicitor does not include a reference to Her Majesty’s Procurator General.

[F1338AIn 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

F133Note 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)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F1349

Textual Amendments

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.

[F13511In 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

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 F136, or

(b)any other enactment relating to the regulation of insurance companies within the meaning of that Act.

Textual Amendments

SCHEDULE 3U.K. Matters not subject to investigation

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 [F137other 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 . . . F138.]

Textual Amendments

F137Words added by S.I. 1979/915, art. 2

F138Words 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 M2Extradition Act 1870 [F139, the Fugitive Offenders Act 1967 or the Extradition Act 1989].

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

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)

C8Sch. 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 M3Naval Discipline Act 1957, the M4Army Act 1955 or the M5Air Force Act 1955, or of proceedings before any international court or tribunal.

Marginal Citations

[F1406AU.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

[F1416B(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

F141Sch. 3 para. 6B inserted (5.9.1994) by 1994 c. 14, ss. 1(2), 3(2)

Modifications etc. (not altering text)

[F1426CAction 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

F142Sch. 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 the Court of Appeal, the High Court of Justiciary or the Courts-Martial Appeal Court.

8Action taken on behalf of the Minister of Health or the Secretary of State by a [F143Health Authority, a Special Health Authority][F144except the Rampton Hospital Review Board][F145 . . . F146 the Rampton Hospital Board], [F147the 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 [F148by the Dental Practice Board or the Scottish Dental Practice Board], or by the Public Health Laboratory Service Board.

Textual Amendments

F143Sch. 3 para. 8: words substituted (28.6.1995) by 1995 c. 17, s. 2(1), Sch. 1 para. 93(a)

F144Words inserted by S.I. 1981/736, art. 2

F145Words inserted by S.I. 1986/1168, art. 2

F146Word repealed by S.I. 1987/661, art. 2(a)

F147Words inserted by S.I. 1987/661, art. 2(b)

F148Words 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)

C10Sch. 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)

C11Sch. 3 para. 9 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(c)

10[F149(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 [F150to 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.

[F151(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 M6Overseas 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

F149Sch. 3 para. 10 renumbered as Sch. 3 para. 10(1) by S.I. 1983/1707, art. 2(a)

F150Words substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39 SIF 89), s. 1(3)(c)

F151Sch. 3 para. 10(2) inserted by S.I. 1983/1707, art. 21(b)

Modifications etc. (not altering text)

C12Sch. 3 para. 10 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(c)

Marginal Citations

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

[F15212(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

[F153X3Schedule 4U.K. Relevant Tribunals for Purposes of Section 5(7)

Editorial Information

X3Sch. 4: this version of this provision contains details of amendments coming into force on or after 23.8.1996 and before 8.5.1998 (repealed text is retained). For previous amendment history, please refer to the earlier version.

Textual Amendments

F153Sch. 4 inserted (5.9.1994) by 1994 c. 14, s. 1(3)

Textual Amendments

F154Sch. 4: entries inserted (23.8.1996) by S.I. 1996/1914, art. 2

F16030 Vict. c.17.

F1826 & 7 Geo 6. c.39.

F1971 & 2 Geo 5. c.49.

Marginal Citations