Parliamentary Commissioner Act 1967 (c. 13)

SCHEDULES

SCHEDULE 3 U.K. Matters not subject to investigation

1 U.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.

[F1 2 (1) Action 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 other than, U.K.

(a) 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;

(b) action which is taken by an officer within a control zone or a supplementary control zone; or

(c) action which is taken by a British sea-fishery officer.

(2) In this paragraph—

(a) “control zone” has the meaning given collectively by Schedule 1 to the Channel Tunnel (International Arrangements) Order 1993, Schedule 1 to the Channel Tunnel (Miscellaneous Provisions) Order 1994 and regulation 2 of the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003;

(b) “supplementary control zone” has the meaning given by Schedule 1 to the Channel Tunnel (International Arrangements) Order 1993;

(c) “British sea-fishery officer” has the meaning given by section 7 of the Sea Fisheries Act 1968.]

Textual Amendments

F1 Sch. 3 para. 2 substituted (20.1.2006) by The Parliamentary Commissioner (No. 2) Order 2005 (S.I. 2005/3430), art. 3

3 U.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.

[F2 4 U.K. Action taken by the Secretary of State under the Extradition Act 2003.]

Textual Amendments

F2 Sch. 3 para. 4 substituted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 219, 221, Sch. 3 para. 2; S.I. 2003/3103, art. 2 (subject to savings in Order)

Modifications etc. (not altering text)

C1 Para. 4 extended by Fugitive Offenders Act 1967 (c. 68, SIF 48), s. 21(4)

5 U.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)

C2 Sch. 3 para. 5 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(a)

6 U.K. The commencement or conduct of civil or criminal proceedings before any court of law in the United Kingdom, of [F3 service law proceedings (as defined by section 324(5) of the Armed Forces Act 2006) (anywhere)] or the M1 Air Force Act 1955, or of proceedings before any international court or tribunal.

Textual Amendments

F3 Words in Sch. 3 para. 6 substituted (28.3.2009 for specified purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 48(a); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C3 Sch. 3 para. 6 modified (24.4.2009 for certain purposes and 31.10.2009 otherwise) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 205, Sch. 1 para. 9

Marginal Citations

M1 1955 c. 19(7:1).

[F4 6A U.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

F4 Sch. 3 para. 6A inserted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 110(2)

[F5 6B (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

F5 Sch. 3 para. 6B inserted (5.9.1994) by 1994 c. 14, ss. 1(2), 3(2)

Modifications etc. (not altering text)

C4 Sch. 3 para. 6B(2) extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(b)

6C U.K. F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Sch. 3 para. 6C omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 25

7 U.K. Any 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 F7 . . . the High Court of Justiciary or the [F8 Court Martial Appeal Court].

Textual Amendments

F7 Sch. 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.

F8 Words in Sch. 3 para. 7 substituted (28.3.2009 for specified purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 48(b); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C5 Sch. 3 para. 7 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(a)

C6 Sch. 3 para. 7 continued (28.2.1999) by S.I. 1999/652, art. 3(2)

8 [F9 (1)] Action taken on behalf of F10 ... the Secretary of State by [F11 a Strategic Health Authority,] F10 [F12 ... , a Primary Care Trust, [F13 or] a Special Health Authority] F10 .... U.K.

[F14 (2) For the purposes of this paragraph, action taken by a [F15 Strategic Health Authority,] F16 ..., Special Health Authority or Primary Care Trust in the exercise of functions of the Secretary of State shall be regarded as action taken on his behalf.]

Textual Amendments

F9 Sch. 3 para. 8 renumbered (8.2.2000) as Sch. 3 para. 8(1) by S.I. 2000/90, art. 3(1), Sch. 1 para. 5 (with art. 2(5))

F10 Words in Sch. 3 para. 8(1) omitted (13.2.2009) by virtue of The Parliamentary Commissioner Order 2008 (S.I. 2008/3115), art. 3(1)

F11 Words in Sch. 3 para. 8(1) inserted (1.10.2002) by S.I. 2002/2469, reg. 4, Sch. 1 Pt. 1 para. 3(a) (with reg. 2(4))

F12 Words in Sch. 3 para. 8 substituted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 5(a) (with art. 2(5))

F13 Word in Sch. 3 para. 8(1) inserted (13.2.2009) by The Parliamentary Commissioner Order 2008 (S.I. 2008/3115), art. 3(2)

F14 Sch. 3 para. 8(2) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 5(b) (with art. 2(5))

F15 Words in Sch. 3 para. 8(2) inserted (1.10.2002) by S.I. 2002/2469, reg. 4, Sch. 1 Pt. 1 para. 3(b) (with reg. 2(4))

F16 Words in Sch. 3 para. 8(2) omitted (13.2.2009) by virtue of The Parliamentary Commissioner Order 2008 (S.I. 2008/3115), art. 4

Modifications etc. (not altering text)

C7 Sch. 3 para. 8 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(a)

9 U.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)

C8 Sch. 3 para. 9 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(c)

10 [F17 (1)] Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters, in relation to— U.K.

(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 [F18 to 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.

[F19 (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 M2 Overseas Development and Co-operation Act 1980 [F20 or pursuant to the exercise of his powers under Part I of the International Development Act 2002] 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

F17 Sch. 3 para. 10 renumbered as Sch. 3 para. 10(1) by S.I. 1983/1707, art. 2(a)

F18 Words substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39 SIF 89), s. 1(3)(c)

F19 Sch. 3 para. 10(2) inserted by S.I. 1983/1707, art. 21(b)

F20 Words in Sch. 3 para. 10(2)(a) inserted (17.6.2002) by 2002 c. 1, s. 19, Sch. 3 para. 2; S.I. 2002/1408, art. 2

Modifications etc. (not altering text)

C9 Sch. 3 para. 10 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(c)

Marginal Citations

M2 1980 c. 63(88).

11 U.K. The grant of honours, awards or privileges within the gift of the Crown, including the grant of Royal Charters.

[F21 12 (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

F21 Sch. 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