SCHEDULES

Section 4

F1SCHEDULE 2U.K.DEPARTMENTS Etc. SUBJECT TO INVESTIGATION

Editorial Information

X1Sch. 2: this version of this provision contains details of amendments coming into force on or after 30.3.2006 and before 30.1.2008 (repealed text is retained). For previous amendment history, please refer to the earlier version.

Textual Amendments

F12Sch. 2: entry repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 2, Sch. 4; S.I. 2007/2603, art. 2 (subject to art. 3)

F27Sch. 2: entry repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 2, Sch. 4; S.I. 2007/2603, art. 2 (subject to art. 3)

F30Sch. 2: entry repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 2, Sch. 4; S.I. 2007/2603, art. 2 (subject to art. 3)

NOTESU.K.

GeneralU.K.

In 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, did so only when it was a department or authority to which this Act applied.

Assets Recovery AgencyU.K.

In the case of the Director of the Assets Recovery Agency an investigation may be conducted only in respect of the exercise of functions vested in him by virtue of a notice served on the Commissioners for Her Majesty's Revenue and Customs under section 317(2), 321(2) or 322(2) of the Proceeds of Crime Act 2002(Inland Revenue functions).

Cabinet OfficeU.K.

The 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.

Commission for Architecture and the Built EnvironmentU.K.

As from the time that section 87 of the Clean Neighbourhoods and Environment Act 2005 is brought into force, this reference includes a reference to the body established by that section.

Commission for the New TownsU.K.

In the case of the Commission for the New Towns no investigation is to be conducted in respect of any action in connection with functions in relation to housing.

F66Department for Constitutional AffairsU.K.

Environment AgencyU.K.

The 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 Water Resources Act 1991; and no investigation is to be conducted in respect of any action in connection with functions of the Environment Agency in relation to Wales (within the meaning of [F67the Government of Wales Act 2006]).

Textual Amendments

F67Words in Sch. 2 Note substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 8, the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

Forestry CommissionU.K.

In the case of the Forestry Commission no investigation is to be conducted in respect of any action in connection with functions of the Forestry Commissioners in relation to Wales (within the meaning of [F68the Government of Wales Act 2006]).

Textual Amendments

F68Words in Sch. 2 Note substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 8, the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

Government Actuary's DepartmentU.K.

In the case of the Government Actuary's Department an investigation may be conducted 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, or

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

Health Protection AgencyU.K.

In the case of the Health Protection Agency no investigation is to be conducted in relation to any action taken by or on behalf of that Agency in the exercise in or as regards Scotland of any function to the extent that the function is exercisable within devolved competence (within the meaning of section 54 of the Scotland Act 1998).

HM TreasuryU.K.

The reference to Her Majesty's 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 Her Majesty's Treasury; but it does not include National Savings and Investments.

Corporation of the Trinity House of Deptford StrondU.K.

In the case of the Corporation of the Trinity House of Deptford Strond an investigation may be conducted only in respect of action in connection with its functions as a general lighthouse authority.

Lord President of the Council's OfficeU.K.

The reference to the Lord President of the Council's Office does not include the Privy Council Office.

Ministry of DefenceU.K.

The reference to the Ministry of Defence includes the Defence Council, the Admiralty Board, the Army Board and the Air Force Board.

Ministry of JusticeU.K.

The reference to the Ministry of Justice includes the Public Trustee.

Treasury SolicitorU.K.

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

Urban Development CorporationsU.K.

In the case of an urban development corporation no investigation is to be conducted in respect of any action in connection with functions in relation to town and country planning.

Urban Regeneration AgencyU.K.

In the case of the Urban Regeneration Agency no investigation is to be conducted in respect of any action in connection with functions in relation to town and country planning.