SCHEDULES

F1X1F2C1SCHEDULE 2 Departments Etc. Subject to Investigation

Annotations:
Editorial Information
X1

Sch. 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).

Modifications etc. (not altering text)

NOTES

F3A1

In 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).

A2

The reference to the Department for Constitutional Affairs includes the Lord Chancellor’s Department and the Public Trustee

1

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

F111A

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 M1Water Resources Act 1991.

F121B

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).

2

The 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.

3

In 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.

4

The 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).

5

The reference to the Lord President of the Council’s Office F4. . . does not include the Privy Council Office.

6

The references to the F5Office of Public Service F6. . . and the Treasury do not include the Cabinet Office, but subject to that include the subordinate departments of the F5Office of Public Service F6. . . and of the Treasury and the office of any Minister whose expenses are defrayed out of moneys provided by Parliament for service of the F5Office of Public Service F6. . . or the Treasury.

7

In the case of the Commission for the New Towns F7or 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.

8

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

F88A

In the case of Scottish Homes no investigation shall be conducted under this Act in respect of any of its actions as a landlord.

F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

In 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.

10

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

F1011

In 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.

13

In 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 F13, or

b

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