SCHEDULES
SCHEDULE 1U.K. Pensions and Other Benefits
Modifications etc. (not altering text)
1A person appointed to be the Commissioner may, within such period and in such manner as may be prescribed by regulations under this Schedule, elect between the statutory [F1scheme of pensions and other benefits applicable to the judicial offices listed in [F2section 1 of the M1Judicial Pensions Act 1981] and the scheme of pensions and other benefits applicable by virtue of section 1 of the M2Superannuation Act 1972 to the civil service of the State] (in this Schedule referred to respectively as the judicial scheme and the civil service scheme), and if he does not so elect shall be treated as having elected for the civil service scheme.
Textual Amendments
F1Words substituted by Superannuation Act 1972 (c. 11, SIF 101A:1), Sch. 6 para. 63
F2Words substituted by Judicial Pensions Act 1981 (c. 20, SIF 71:2), Sch. 3 para. 3(2)
Marginal Citations
M11981 c. 20(71:2).
M21972 c. 11(101A:1).
2Where a person so appointed elects for the judicial scheme, a pension may be granted to him on ceasing to hold office as Commissioner if he has held that office for not less than five years and either—
(a)has attained the age of sixty-five years; or
(b)is disabled by permanent infirmity for the performance of the duties of that office;
and (subject to regulations under this Schedule) the provisions of the [F3sections 2 to 4 and 17 to 24 of the M3Judicial Pensions Act 1981,] shall apply in relation to him and his service as Commissioner as they apply in relation to the holders of judicial offices listed in F3[section 1 of the Judicial Pensions Act 1981 and service in any such office].
Textual Amendments
F3Words substituted by Judicial Pensions Act 1981 (c. 20, SIF 71:2), Sch. 3 para. 3(3)
Marginal Citations
M31981 c. 20(71:2).
3Where a person so appointed elects for the civil service scheme, [F4the principal civil service pension scheme within the meaning of section 2 of the M4Superannuation 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 [F4employment] in the civil service of the State.
Textual Amendments
F4Words substituted by Superannuation Act 1972 (c. 11, SIF 101A:1), Sch. 6 para. 64
Marginal Citations
M41972 c. 11(101A:1).
4The Treasury may by statutory instrument make regulations for purposes supplementary to the foregoing provisions of this Schedule; and such regulations may, without prejudice to section 38 of the M5Superannuation 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 persons to whom the judicial scheme or the civil service scheme has applied or applies in respect of any service other than service as Commissioner, including provisions—
(a)for aggregating other service falling within the judicial scheme with service as Commissioner, or service a Commissioner with such other service, for the purposes of determining qualification for or the amount of benefit under that scheme;
(b)for increasing the amount of the benefit payable under the judicial scheme, 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 which would have been payable thereunder if he had retired from that office on the ground of permanent infirmity immediately before his appointment;
(c)for limiting the amount of benefit payable under the judicial scheme, in the case of a person to whom the civil service scheme applied in respect of service before his appointment as Commissioner, by reference to the difference between the amount of the benefit granted in his case under the civil service scheme and the amount which would be payable under the judicial scheme if that service had been service as Commissioner.
Marginal Citations
M51965 c. 74(101A:1).
5Any statutory instrument made by virtue of this Schedule shall be subject to annulment in pursuance of a resolution of the House of Commons.
[F5X1F6SCHEDULE 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
F5Sch. 2 substituted (14.3.2005) by The Parliamentary Commissioner Order 2005 (S. I. 2005/249), art. 2, Sch. 1
F6Sch. 2 substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 1(2), Sch. 1
Modifications etc. (not altering text)
C2Sch. 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
[F8Advisory Board on Family Law]
[F8Advisory Committee on Novel Foods and Processes]
Advisory, Conciliation and Arbitration Service.
[F8Advisory Council on Public Records]
[F8Agricultural Dwelling House Advisory Committees]
[F9Agricultural Wages Board for England and Wales]
Agricultural wages committees.
[F10Ministry of Agriculture, Fisheries and Food]
[F9Alcohol Education and Research Council]
[F8Apple and Pear Research Council]
[F11Arts Council of England]
[F12Arts Council of Wales (Cyngor Celfyddydau Cymru)]
Arts Council of Great Britain.
[F13Scottish Arts Council]
[F14Director of the Assets Recovery Agency.]
[F8Authorised Conveyancing Practitioners Board]
[F8Boundary Commission for Northern Ireland]
[F9Britain-Russia Centre and the British East-West Centre]
[F9British Association for Central and Eastern Europe]
British Council.
[F8British Educational Communications and Technology Agency]
[F8British Hallmaking Council]
British Library Board.
[F8British Museum]
[F8British Potato Council]
[F8British Tourist Authority]
[F8Broadcasting Standards Commission]
[F15Building Societies Commission.]
[F9Cabinet Office]
Central Police Training and Development Authority
Certification Officer.
[F17F18Central Statistical Office of the Chancellor of the Exchequer]
Charity Commission.
[F17Children and Family Court Advisory and Support Service.]
[F8Civil Aviation Authority]
[F8Civil Justice Council]
[F19Office of the Minister for the Civil Service]
Civil Service Commission.
[F8Clinical Standards Advisory Group]
[F20Commission for Health Improvement]
[F21The Commission for Patient and Public Involvement in Health.]
[F22Commissioner for Protection Against Unlawful Industrial Action]
[F8Commissioner for the Rights of Trade Union Members]
[F8Committee for Monitoring Agreements on Tobacco Advertising and Sponsorship]
[F8Committee of Investigation for Great Britain]
[F8Committee on Standards in Public Life]
[F23Commonwealth Institute]
[F8Commonwealth Scholarship Commission in the United Kingdom]
[F8Community Development Foundation]
[F9Competition Commission]
[F8Consumer Panel]
[F8Consumers’ Committee for Great Britain under the Agricultural Marketing Act 1958]
[F24Coal Authority.]
Co-operative Development Agency.
[F25Countryside Agency]
[F26Countryside Commission for Scotland]
[F27Countryside Council for Wales.]
Crafts Council.
[F28Crofters Commission]
Crown Estate Office.
[F29Department for Culture, Media, and Sport.]
Customs and Excise.
[F32Deer Commission for Scotland]
Ministry of Defence.
[F8Design Council]
Development Commission.
[F33 Disability Rights Commission]
[F34United Kingdom Ecolabelling Board]
[F35The Department for Education and Employment.]
[F8Docklands Light Railway]
[F36Education Assets Board.]
[F37Department for Education]
[F38 Department for Education and Skills]
Central Bureau for Educational Visits and Exchanges.
[F39Electoral Commission.]
[F40F8East Midlands Region Electricity Consumers’ Committee]
[F40[F41Office of the Director General of Electricity Supply.]]
[F42Department of Employment]
[F43Department of Energy]
[F44Department of the Environment]
[F45 Department for Environment, Food and Rural Affairs]
[F46Department for Transport]
[F47Department for Work and Pensions]
[F48English National Board for Nursing, Midwifery and Health Visiting]
[F49English Nature]
[F50[F51The Department of the Environment, Transport and the Regions.]]
[F52Environment Agency]
[F52Scottish Environment Protection Agency]
Equal Opportunities Commission.
Export Credits Guarantee Department.
[F53Office of the Director General of Fair Trading.]
British Film Institute.
[F8Fleet Air Arm Museum]
[F8Food Advisory Committee]
[F8Food from Britain]
[F54Food Standards Agency]
[F8Football Licensing Authority]
Foreign and Commonwealth Office.
Forestry Commission.
[F15Registry of Friendly Societies.]
[F8Further Education Funding Council for England]
[F9Gaming Board for Great Britain]
[F56Gas and Electricity Consumer Council.]
[F56Gas and Electricity Markets Authority.]
[F40Office of the Director General of Gas Supply.]
[F8Geffrye Museum]
[F8Gene Therapy Advisory Committee]
[F57General Social Care Council.]
[F7General Teaching Council for Scotland]
[F58Department of Health.]
Health and Safety Commission.
Health and Safety Executive.
. . . F59
[F60Highlands and Islands Development Board]
[F8Higher Education Funding Council for England]
Historic Buildings and Monuments Commission for England.
[F8Historic Royal Palaces]
[F8Home-Grown Cereals Authority]
Home Office.
[F8Horniman Museum and Gardens]
Horserace Betting Levy Board.
[F8Horticultural Development Council]
Housing Corporation.
[F61Housing for Wales]
[F62Human Fertilisation and Embryology Authority.]
[F63The Immigration Services Commissioner]
[F8Imperial War Museum]
Central Office of Information.
[F64Information Commissioner.]
Inland Revenue.
[F65Department for International Developement.]
[F66 Intervention Board for Agricultural Produce.]
[F8Investors in People UK]
[F8Joint Nature Conservation Committee]
Land Registry.
[F67Legal Aid Board]
[F68Scottish Legal Aid Board.]
[F69Legal Services Commission]
[F70The 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.
[F7Local Government Boundary Commission for Scotland]
[F71Local Government Commission for England.]
[F8London Regional Passengers’ Committee]
[F8Lord Chancellor’s Advisory Committee on Legal Education and Conduct]
The Lord Chancellor’s Department.
Lord President of the Council’s Office.
. . . F72
. . . F73
[F8Marshall Aid Commemoration Commission]
[F8Meat and Livestock Commission]
[F74Medical Practices Committee.]
[F75Scottish Medical Practices Committee.]
[F8Medical Workforce Standing Advisory Committee]
[F40[F8Merseyside and North Wales Region Electricity Consumers’ Committee]]
[F8Milk Development Council]
[F8Millennium Commission]
[F76Monopolies and Mergers Commission]
Museums and Galleries Commission.
[F8Museum of London]
[F8Museum of Science and Industry in Manchester]
[F8National Army Museum]
[F8National Biological Standards Board (UK)]
[F77National Care Standards Commission.]
[F8National Consumer Council]
National Debt Office.
[F8National Employers’ Liaison Committee]
[F8National Endowment for Science, Technology and the Arts]
[F8National Film and Television School]
[F8National Forest Company]
[F7National Galleries of Scotland]
[F8National Gallery]
[F7National Library of Scotland]
[F7National Museums of Scotland]
[F78National Rivers Authority]
[F79Department of National Heritage.]
Trustees of the National Heritage Memorial Fund.
[F80Office of the Director General of the National Lottery]
[F81National Lottery Commission]
[F8National Lottery Charities Board]
Department for National Savings.
[F82Scottish Natural Heritage.]
[F8National Maritime Museum]
[F8National Museum of Science and Industry]
[F8National Museums and Galleries on Merseyside]
[F8National Portrait Gallery]
[F8National Radiological Protection Board]
[F8Natural History Museum]
Nature Conservancy Council.
[F85Nature Conservancy Council for Scotland]
[F8New Millennium Experience Company Ltd]
[F8New Opportunities Fund]
Commission for the New Towns.
Development corporations for new towns.
[F40[F8North Eastern Region Electricity Consumers’ Committee]]
[F40[F9North of Scotland Region Electricity Consumers’ Committee]]
[F40[F8North Western Region Electricity Consumers’ Committee]]
Northern Ireland Court Service.
[F8Northern Ireland Human Rights Commission]
Northern Ireland Office.
[F86Northern Ireland Policing Board]
[F11Occupational pensions Board]
[F87The Occupational Pensions Regulatory Authority]
[F88Office of the Commissioner for Protection Against Unlawful Industrial Action]
[F8Oil and Pipelines Agency]
[F8Parliamentary Boundary Commission for England]
[F9Parliamentary Boundary Commission for Scotland]
[F8Parliamentary Boundary Commission for Wales]
[F8Parole Board]
[F7Parole Board for Scotland]
[F89The Pensions Compensation Board]
Ordnance Survey.
[F18Office of Population Censuses and Surveys]
[F90Consumer Council for Postal Services]
[F91Police Information Technology Organisation]
[F93Postal Services Commission]
[F8Probation Board for Northern Ireland]
[F94Commissioner for Protection Against Unlawful Industrial Action]
Registrar of Public Lending Right.
Public Record Office.
[F95 Office of Fair Trading]
[F8Qualifications Curriculum Authority]
[F98The International Rail Regulator.]
[F100The Rail Regulator.]
Scottish Record Office.
Commission for Racial Equality.
[F101Rail Passengers’ Committees.]
[F101Rail Passengers’ Council.]
[F16[F8Rail Users’ Consultative Committee for Eastern England]]
[F16[F8Rail Users’ Consultative Committee for North Eastern England]]
[F16[F8Rail Users’ Consultative Committee for North Western England]]
[F16[F8Rail Users’ Consultative Committee for Southern England]]
[F16[F8Rail Users’ Consultative Committee for the Midlands]]
[F16[F8Rail Users’ Consultative Committee for Western England]]
[F8Remploy Ltd]
[F102Red Deer Commission]
[F75Department of the Registers of Scotland]
[F75General Register Office, Scotland]
[F103Agriculture and Food Research Council]
[F11Biotechnology and Biological Sciences Research Council]
[F11Council for the Central Laboratory of Research Councils]
Economic and Social Research Council.
[F11Engineering and Physical Sciences Research Council]
Medical Research Council.
Natural Environment Research Council.
[F11Particle Physics and Astronomy Research Council]
[F104Science and Engineering Research Council]
[F105The International Rail Regulator]
[F106Regional development agencies]
[F107(other than the London Development Agency)]
Residuary Bodies.
[F8Reviewing Committee on the Export of Works of Art]
[F108Office of the Commissioner for the Rights of Trade Union Members]
[F8Royal Air Force Museum]
[F8Royal Armouries Museum]
[F7Royal Botanic Garden, Edinburgh]
[F8Royal Botanic Gardens, Kew]
[F8 Royal Commission on Historical Manuscripts]
[F7Royal Commission on the Ancient and Historical Monuments of Scotland]
[F8Royal Commission on the Historical Monuments of England]
[F8Royal Marines Museum]
Royal Mint.
[F8Royal Naval Museum]
[F8Royal Navy Submarine Museum]
[F109Office of Her Majesty’s Chief Inspector of Schools in Wales.]
[F8Scientific Committee on Tobacco and Health]
[F7Scottish Agricultural Wages Board]
[F7Scottish Children’s Reporter Administration]
[F7Scottish Community Education Council]
[F7Scottish Consultative Council on the Curriculum]
[F7Scottish Council for Educational Technology]
[F75Scottish Courts Administration.]
[F110Scottish Environmental Protection Agency]
[F7Scottish Further Education Funding Council]
[F7Scottish Further Education Unit]
[F7Scottish Higher Education Funding Council]
[F111Scottish Homes.]
Scottish Office.
[F7Scottish Qualifications Authority]
[F7Scottish Screen Ltd]
[F7Scottish Studentship Selection Committee]
[F7Scottish Water and Sewerage Customers’ Council]
[F8Sea Fish Industry Authority]
[F112Office of the Secretary of State for Scotland]
[F113The Service Authority for the National Crime Squad.]
[F113The Service Authority for the National Criminal Intelligence Service.]
[F8Sir John Soane’s Museum]
Council for Small Industries in Rural Areas.
[F58Department of Social Security.]
Central Council for Education and Training in Social Work.
[F40[F8South Eastern Region Electricity Consumers’ Committee]]
[F40[F8South of Scotland Region Electricity Consumers’ Committee]]
[F40[F8South Wales Region Electricity Consumers’ Committee]]
[F40[F8South Western Region Electricity Consumers’ Committee]]
Sports Council.
[F114English Sports Council]
Scottish Sports Council.
[F114United Kingdom Sports Council.]
[F115Sports Council for Wales.]
[F116The Staff Commission for Wales (Comisiwn Staff Cymru).]
[F117Standards Board for England.]
[F8Standing Dental Advisory Committee]
[F8Standing Medical Advisory Committee]
[F8Standing Nursing and Midwifery Advisory Committee]
[F8Standing Pharmaceutical Advisory Committee]
Stationery Office.
[F118Strategic Rail Authority.]
[F119 The Office for National Statistics.]
[F8Tate Gallery]
[F8Teacher Training Agency]
Office of the Director General of Telecommunications.
[F8The Great Britain-China Centre]
[F8The Simpler Trade Procedures Board]
English Tourist Board.
[F75Scottish Tourist Board.]
[F115Wales 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.
. . . F120
[F121Traffic Director for London.]
[F44Department of Transport, Local Government and the Regions]
[F8Treasure Valuation Committee]
Treasury.
Treasury Solicitor.
[F8United Kingdom Atomic Energy Authority]
[F8United Kingdom Register of Organic Food Standards]
[F8United Kingdom Xenotransplantation Interim Regulatory Authority]
[F8Unrelated Live Transplant Regulatory Authority]
Urban development corporations [F122established for urban development areas wholly in England].
[F123Urban Regeneration Agency.]
[F8Victoria and Albert Museum]
[F124Development Board for Rural Wales]
[F8Wallace Collection]
[F8War Pensions Committees]
[F125Office of the Director General of Water Services.]
[F126Bwrdd yr Iaith Gymraeg (Welsh Language Board)]
Welsh Office.
[F8Westminster Foundation for Democracy]
[F8Wine Standards Board of the Vintners’ Company]
[F8Women’s National Commission]
[F8Yorkshire Region Electricity Consumers’ Committee]
[F127Youth Justice Board]
[F9Youth 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
F7Sch. 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
F8Entries in Sch. 2 inserted (15.3.1999) by S.I. 1999/277, art. 2
F9Entries in Sch. 2 inserted (19.8.1999) by S.I. 1999/2028, art. 2
F10Entry in Sch. 2 repealed (27.3.2002) by S.I. 2002/794, art. 5(2), Sch. 2 (with art. 6)
F11Sch. 2: entries inserted (31.7.1995) by virtue of S.I. 1995/1615, art. 2
F12Sch. 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
F13Sch. 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
F14Sch. 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)
F15Entries in Sch. 2 repealed (1.12.2001) by S.I. 2001/3649, art. 274
F16Entries 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)
F17Entry 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)
F18Sch. 2: entries repealed (1.4.1996) by S.I. 1996/273, art. 5(1), Sch. 2 para. 15(a)
F19Sch. 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)
F20Sch. 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)
F21Entry 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
F22Entry 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)
F23Sch. 2: entry repealed (7.1.2003) by 2002 c. 39, ss. 1(4), 3, 4(2), Sch. 1 para. 1, Sch. 3
F24Sch. 2: entry inserted (5.7.1994) by 1994 c. 21, s. 1, Sch. 1 Pt. I, para. 10
F25Sch. 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)
F26Sch. 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
F27Entry 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
F28Entry 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
F29Sch. 2: entry inserted (22.8.1997) by S.I. 1997/1744, art. 2(2), Sch. para. 2
F30Entry 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)
F31Sch. 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)
F32Sch. 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
F33Entry in Sch. 2 inserted (13.4.2000) by S.I. 2000/739, art. 2
F34Sch. 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
F35Sch. 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)
F36Entry inserted by Education Reform Act 1988 (c. 40, SIF 40:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 67
F37Sch. 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)
F38Entry in Sch. 2 inserted (27.6.2002) by S.I. 2002/1397, art. 12, Sch. Pt. I para. 4(b)
F39Entry 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)
F40Entries 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)
F41Entry inserted by Electricity Act 1989 (c. 29, SIF 44:1), ss. 1(5), 112(3), Sch. 1 para. 7, Sch. 17 para. 35(1)
F42Sch. 2: entry repealed (1.1.1996) by S.I. 1995/2986, art. 11, Sch. para. 5(a)
F43Sch. 2: entry repealed (5.7.1992) by S.I. 1992/1314, art. 5
F44Sch. 2: entries repealed (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. para. 2(a)
F45Entry in Sch. 2 inserted (27.3.2002) by S.I. 2002/794, art. 5(1), Sch. 1 para. 14 (with arts. 5(3), 6)
F46Entry in Sch. 2 inserted (13.8.2001) by S.I. 2001/2568, art. 16, Sch. para. 2(b)
F47Entry in Sch. 2 inserted (27.6.2002) by S.I. 2002/1397, art. 12, Sch. Pt. I para. 4(b)
F48Entry 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))
F49Entry in Sch. 2 inserted (30.1.2001) by 2000 c. 37, ss. 73(4), 103(2), Sch. 8 para. 2(c)
F50Entry in Sch. 2 repealed (13.8.2001) by S.I. 2001/2568, art. 16, Sch. para. 2(a)
F51Sch. 2: entry inserted (26.1.1998) by S.I. 1997/2791, art. 6(1), Sch. para. 2(b)
F52Sch. 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
F53Sch. 2: entry repealed (1.4.2003) by 2002 c. 40, s. 278, Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3)
F54Sch. 2: entry inserted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 3; S.I. 2000/1066, art. 2
F55Sch. 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
F56Entries 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.
F57Entry 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)
F58Entry 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)
F59Entry repealed by S.I. 1988/1843, art. 5(2)(a)
F60Words repealed (1.4.1991) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. III
F61Sch. 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
F62Entry inserted by Human Fertilisation and Embryology Act 1990 (c. 37, SIF 83:1), s. 5(3), Sch. 1 para. 14
F63Sch. 2: entry inserted (22.5.2000) by 1999 c. 33, s. 83, Sch. 5 para. 25; S.I. 2000/1282, art. 2, Sch.
F64Entry 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)
F65Sch. 2: entry inserted (22.8.1997) by S.I. 1997/1749, art. 8
F66Entry in Sch. 2 repealed (15.11.2001) by S.I. 2001/3686, reg. 6(2)
F67Sch. 2: entry repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I; S.I. 2000/774, art. 2(c), Sch.
F68Entry 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
F69Sch. 2: entry inserted (1.4.2000) by 1999 c. 22, s. 24, Sch. 4 para. 2; S.I. 2000/774, art. 2(a)
F70Sch. 2: entry inserted (1.11.2003) by 1999 c. 22, ss. 51, 108(1), Sch. 8 para. 9; S.I. 2003/2571, art. 2
F71Sch. 2: entry inserted (6.3.1992) by Local Government Act 1992 (c. 19), s. 12, Sch. 2 para. 11
F72Entry repealed by S.I. 1987/2039, art. 4(1)(a)
F73Entry repealed by Employment Act 1988 (c. 19, SIF 43:5), s. 33(2), Sch. 4
F74Entry 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: 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
F76Sch. 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
F77Entry 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 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
F79Sch. 2: entry inserted (3.7.1992) by S.I. 1992/1311, art. 12(1)(a)
F80Sch. 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
F81Sch. 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
F82Sch. 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
F83Entry 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
F84Sch. 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
F85Sch. 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
F86Entry 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 (1.4.1996) by 1995 c. 26, s. 1(5), Sch. 1 para. 10; S.I. 1996/778, art. 2(3), Sch. Pt. III
F88Sch. 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)
F89Sch. 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
F90Entry 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
F91Sch. 2: entry inserted (1.4.1998) by 1997 c. 50, s. 134(1), Sch. 9 para. 7; S.I. 1998/354, art. 2
F92Entries 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
F93Sch. 2: entry inserted (1.4.2000) by S.I. 1999/2107, reg. 3(4)
F94Sch. 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
F95Entry 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)
F96Sch. 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
F97Sch. 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)
F98Sch. 2: entry inserted (1.1.1993) by S.I. 1992/3060, reg. 7(6), Sch. 2 para. 7
F99Sch. 2: entry inserted (5.11.1993) by 1993 c. 43, s. 1(6), Sch. 1 para. 7(a)
F100Sch. 2: entry inserted (5.11.1993) by 1993 c. 43, s. 1(6), Sch. 1 para. 7(b)
F101Entries 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)
F102Sch. 2: entry repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 3(b), Sch. 2
F103Sch. 2: entry deleted (31.7.1995) by S.I. 1995/1615, art. 2
F104Sch. 2: entry deleted (31.7.1995) by S.I. 1995/1615, art. 2
F105Sch. 2: entry inserted (27.7.1998) by S.I. 1998/1340, reg. 9(6), Sch. 2 para. 7
F106Sch. 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)
F107Sch. 2: words inserted (8.5.2000) by 1999 c. 29, s. 394(6); S.I. 2000/801, art. 2(b), Sch. Pt. 2
F108Entry 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)
F109Sch. 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
F110Sch. 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
F111Entry 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
F112Entry 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
F113Entries 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)
F114Sch. 2: entries inserted (18.11.1996) by S.I. 1996/2601, art. 2
F115Sch. 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
F117Entry 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
F118Entry in Sch. 2 inserted (15.1.2001) by 2000 c. 38, s. 204, Sch. 14 para. 27; S.I. 2000/3376, art. 2
F119Sch. 2: entry inserted (1.4.1996) by S.I. 1996/273, art. 5(1), Sch. 2 para. 15(b)
F120Entry 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
F121Sch. 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.
F122Sch. 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
F123Sch. 2: entry inserted (10.11.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 3(1); S.I. 1993/2762, art. 3
F124Sch. 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
F125Entry 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
F126Sch. 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
F127Sch. 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.
Valid from 24/02/2003
[F128A1In 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
F128Sch. 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)
Valid from 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.
Valid from 01/04/1996
[F1291AThe 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 M6Water Resources Act 1991.]
Textual Amendments
F129Sch. 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
Valid from 01/07/1999
[F1301B 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
F130Sch. 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 F131. . . does not include the Privy Council Office.
Textual Amendments
F131Words in Sch. 2 Note 5 omitted (3.7.1992) by virtue of S.I. 1992/1311, art. 12(1)(b)
6The references to the [F132Office of the Minister for the Civil Service] and the Treasury do not include the Cabinet Office, but subject to that include the subordinate departments of the [F132Office of the Minister for the Civil Service] and of the Treasury and the office of any Minister whose expenses are defrayed out of moneys provided by Parliament for service of the [F132Office of the Minister for the Civil Service] or the Treasury.
Textual Amendments
F132Words substituted by S.I. 1987/2039, art. 4(1)(c)
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)
[F1349The reference to the National Rivers Authority is a reference to that Authority in relation to all its functions other than its flood defence functions [F135(within the meaning of the Water Resources Act 1991)].]
Textual Amendments
F134Note 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
F135Note 9: words substituted (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3(1), 4(2), Sch. 1 para. 17
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.
Valid from 11/10/1993
[F13611In 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
F136Sch. 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
Valid from 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 F137, or
(b)any other enactment relating to the regulation of insurance companies within the meaning of that Act.
Textual Amendments
F1371982 c. 50; repealed by S.I. 2001/3649.
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 [F138other 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 . . . F139.]
Textual Amendments
F138Words added by S.I. 1979/915, art. 2
F139Words 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 M7Extradition Act 1870 [F140, the Fugitive Offenders Act 1967 or the Extradition Act 1989].
Textual Amendments
F140Words substituted by Extradition Act 1989 (c. 33, SIF 48), s. 36(1)
Modifications etc. (not altering text)
C3Para. 4 extended by Fugitive Offenders Act 1967 (c. 68, SIF 48), s. 21(4)
Marginal Citations
M71870 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)
C4Sch. 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 M8Naval Discipline Act 1957, the M9Army Act 1955 or the M10Air Force Act 1955, or of proceedings before any international court or tribunal.
[F1416AU.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
Valid from 05/09/1994
[F1426B(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
F142Sch. 3 para. 6B inserted (5.9.1994) by 1994 c. 14, ss. 1(2), 3(2)
Modifications etc. (not altering text)
C5Sch. 3 para. 6B(2) extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(b)
Valid from 08/11/1995
[F1436CAction 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
F143Sch. 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 [F144Regional Health Authority, an Area Health Authority [F145a District Health Authority], a special health authority [F146except the Rampton Hospital Review Board][F147 . . . F148 the Rampton Hospital Board], [F149the Broadmoor Hospital Board or the Moss Side and Park Lane Hospitals Board,] a Family Practitioner Committee, a Health Board or the Common Services Agency for the Scottish Health Service], or by the Public Health Laboratory Service Board.
Textual Amendments
F144Words substituted by National Health Service Reorganisation Act 1973 (c. 32, SIF 113:2), Sch 4. para. 109
F145Words added (E.W.S.) by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1 para. 16
F146Words inserted by S.I. 1981/736, art. 2
F147Words inserted by S.I. 1986/1168, art. 2
F148Word repealed by S.I. 1987/661, art. 2(a)
F149Words inserted by S.I. 1987/661, art. 2(b)
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)
C6Sch. 3 para. 9 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(c)
10[F150(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 [F151to 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.
[F152(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 M11Overseas 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
F150Sch. 3 para. 10 renumbered as Sch. 3 para. 10(1) by S.I. 1983/1707, art. 2(a)
F151Words substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39 SIF 89), s. 1(3)(c)
F152Sch. 3 para. 10(2) inserted by S.I. 1983/1707, art. 21(b)
Modifications etc. (not altering text)
C7Sch. 3 para. 10 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(c)
Marginal Citations
M111980 c. 63(88).
11U.K.The grant of honours, awards or privileges within the gift of the Crown, including the grant of Royal Charters.
Valid from 03/04/2006
[F15312(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
F153Sch. 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
Valid from 30/01/2008
Section 5
[F154SCHEDULE 4U.K.RELEVANT TRIBUNALS FOR THE PURPOSES OF SECTION 5(7)
Textual Amendments
F154Sch. 4 substituted (30.1.2008) by The Parliamentary Commissioner Order 2007 (S.I. 2007/3470), art. 3, Sch. 2
Adjudicators appointed under article 7(1)(b) of the Criminal Injuries Compensation (Northern Ireland) Order 2002.
Agricultural Land Tribunals constituted under section 73 of the Agriculture Act 1947.
Appeal tribunals constituted under Chapter 1 of Part 1 of the Social Security Act 1998.
The 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.
Tribunals of Appeal constituted under section 109 of the London Building Acts (Amendment) Act 1939.
Care Standards Tribunal constituted under section 9 of the Protection of Children Act 1999.
Central Arbitration Committee constituted under section 259 of the Trade Union and Labour Relations (Consolidation) Act 1992.
Commons Commissioners constituted under section 17 of the Commons Registration Act 1965.
Competition Appeal Tribunal constituted under section 12 of the Enterprise Act 2002.
Copyright Tribunal constituted under section 145 of the Copyright, Designs and Patents Act 1988.
Employment tribunals (England and Wales) and employment tribunals (Scotland) established under regulation 5 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004.
Employment Appeal Tribunal continued in existence under section 20 of the Employment Tribunals Act 1996.
Foreign Compensation Commission constituted under section 1 of the Foreign Compensation Act 1950.
Horserace Betting Levy Appeal Tribunal for England and Wales constituted under section 29 of the Betting, Gaming and Lotteries Act 1963.
Information Tribunal constituted under section 6 of the Data Protection Act 1998.
Insolvency Practitioners Tribunal referred to in section 396 of the Insolvency Act 1986.
Mental Health Review Tribunals constituted under section 65 of, and Schedule 2 to, the Mental Health Act 1983.
National Health Service Medicines (Control of Prices and Profits) Appeal Tribunal constituted under regulation 7 of the Health Service Medicines (Price Control Appeals) Regulations 2000.
Ombudsman for the Board of the Pension Protection Fund appointed under section 209 of the Pensions Act 2004.
Pensions Ombudsman established under section 145 of the Pension Schemes Act 1993.
Persons hearing consumer credit licensing appeals appointed under regulation 24 of the Consumer Credit Licensing (Appeals) Regulations 1998.
Persons hearing estate agents' appeals appointed under regulation 19 of the Estate Agents (Appeals) Regulations 1981.
Plant Varieties and Seeds Tribunal (referred to in section 42 of the Plant Varieties Act 1997).
Reference committees constituted under section 27 of the Forestry Act 1967.
Rent assessment committees constituted under section 65 of, and Schedule 10 to, the Rent Act 1977 (including when exercising the jurisdiction of residential property tribunals as provided for in section 229 of the Housing Act 2004) 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 and continued as rent tribunals for the purpose of references pursuant to the provisions in Part V of the Rent Act 1977.
Special Educational Needs and Disability Tribunal constituted under section 333 of the Education Act 1996.
Traffic commissioners appointed under section 4 of the Public Passenger Vehicles Act 1981.
Valuation tribunals continued in existence under regulation 3 of the Valuation and Community Charge Tribunals Regulations 1989.]
Valid from 14/03/2005
Section 5(8)
SCHEDULE 4U.K.RELEVANT TRIBUNALS FOR THE PURPOSES OF SECTION 5(7)
Adjudicators appointed under article 7(1)(b) of the Criminal Injuries Compensation (Northern Ireland) Order 2002 F155.
Agricultural Land Tribunals constituted under section 73 of the Agriculture Act 1947 F156.
Appeal tribunals constituted under Chapter 1 of Part 1 of the Social Security Act 1998 F157.
The appeal tribunal established for Scotland under section 29 of the Betting, Gaming and Lotteries Act 1963 F158 which is known as the Horserace Betting Levy Appeal Tribunal for Scotland.
Tribunals of Appeal constituted under section 109 of the London Building Acts (Amendment) Act 1939 F159.
Care Standards Tribunal constituted under section 9 of the Protection of Children Act 1999 F160.
Central Arbitration Committee constituted under section 259 of the Trade Union and Labour Relations (Consolidation) Act 1992 F161.
Commons Commissioners constituted under section 17 of the Commons Registration Act 1965 F162.
Competition Appeal Tribunal constituted under section 12 of the Enterprise Act 2002 F163.
Copyright Tribunal constituted under section 145 of the Copyright, Designs and Patents Act 1988 F164.
Dairy Produce Quota Tribunal for England and Wales constituted under regulation 7 of, and the Schedule to, the Dairy Produce Quotas (General Provisions) Regulations 2002 F165.
Dental Vocational Training Authority Appeal body established under regulation 5B National Health Service (General Dental Services) Regulations 1992 F166.
Employment Tribunals (England and Wales) and Employment Tribunals (Scotland) established under regulation 5 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 F167.
Employment Appeal Tribunal continued in existence under section 20 of the Employment Tribunals Act 1996 F168.
Financial Services and Markets Tribunal constituted under section 132 of the Financial Services and Markets Act 2000 F169.
Foreign Compensation Commission constituted under section 1 of the Foreign Compensation Act 1950 F170.
Horserace Betting Levy Appeal Tribunal for England and Wales constituted under section 29 of the Betting, Gaming and Lotteries Act 1963 F171.
Information Tribunal constituted under section 6 of the Data Protection Act 1998 F172.
Insolvency Practitioners Tribunal referred to in section 396 of the Insolvency Act 1986 F173.
Meat 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 F174,
regulation 6(2) of, and Schedule 21 to, the Fresh Meat (Hygiene and Inspection) Regulations 1995 F175, or
regulation 5(2) of, and Schedule 12 to, the Wild Game Meat (Hygiene and Inspection) Regulations 1995 F176.
Mental Health Review Tribunals constituted under section 65 of, and Schedule 2 to, the Mental Health Act 1983 F177.
Misuse of Drugs Advisory Body constituted under section 16(1) of, and Part 2 of Schedule 3 to, the Misuse of Drugs Act 1971 F178.
Misuse of Drugs Professional Panel constituted under section 16(1) of, and Part 3 of Schedule 3 to, the Misuse of Drugs Act 1971.
Misuse of Drugs Tribunal constituted under section 16(1) of, and Part 1 of Schedule 3 to, the Misuse of Drugs Act 1971.
National Health Service Medicines (Control of Prices and Profits) Appeal Tribunal constituted under regulation 7 of the Health Service Medicines (Price Control Appeals) Regulations 2000 F179.
Ombudsman for the Board of the Pension Protection Fund appointed under section 209 of the Pensions Act 2004 F180.
Pensions Ombudsman established under section 145 of the Pension Schemes Act 1993 F181.
Pensions Regulator Tribunal constituted under section 102 of the Pensions Act 2004 F182.
Persons hearing consumer credit licensing appeals appointed under regulation 24 of the Consumer Credit Licensing (Appeals) Regulations 1998 F183.
Persons hearing estate agents' appeals appointed under regulation 19 of the Estate Agents (Appeals) Regulations 1981 F184.
Plant Varieties and Seeds Tribunal (referred to in section 42 of the Plant Varieties Act 1997 F185).
Reference Committees constituted under section 27 of the Forestry Act 1967 F186.
Registered Inspectors of Schools Appeal Tribunals constituted under section 9 of, and Schedule 2 to, the Schools Inspections Act 1996 F187.
Rent Assessment Committees constituted under section 65 of, and Schedule 10 to, the Rent Act 1977 F188 and also known as Leasehold Valuation Tribunals for the purpose of determinations pursuant to section 21(1), (2) and (3) F189 of the Leasehold Reform Act 1967 F190 and continued as rent tribunals for the purpose of references pursuant to the provisions in Part V of the Rent Act 1977.
Special Educational Needs and Disability Tribunal constituted under section 333 of the Education Act 1996 F191.
Traffic Commissioners appointed under section 4 of the Public Passenger Vehicles Act 1981 F192.
Valuation Tribunals continued in existence under regulation 3 of the Valuation and Community Charge Tribunals Regulations 1989 F193.
Textual Amendments
F155SI 2002/796 (NI 1).
F1561947 c. 48; section 73 (1) amended or substituted by the Agriculture Act 1958, sections 8(1), Sch 1, Part I, para 3. Section 73(3) amended by the Agriculture Act 1958, s8(1), 10(1), Sch 1, Part I, para 3, Sch 3, Part I and substituted by the Agricultural Holdings Act 1986, s 100, Sch 14, para 18. Section 73(4) amended by the Agriculture Act 1958, ss 8(1), 10(1), Sch 1, Part I, para 3, Sch 3, Part I. Section 73(5) amended by the Agriculture Act 1958, ss 8(1), 10(1), Sch 1, Part I, para 3, Sch 3, Part I.
F1581963 c. 2. Section 29(1) amended by the Horserace Betting Levy Act 1981, s 4(6), Sch, para 2. Section 29(2) amended by the Courts and Legal Services Act 1990, s 71(2), Sch 10, para 16 and by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 48. Section 29(2A) inserted by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 48.
F1591939 c. 97. Section 109(1)amended by SI 1986/452, art 3, Sch 2, para 3(h), by SI 2001/3500, art 8, Sch 2, Pt I, para 4(b) andby the Courts and Legal Services Act 1990, s 71(2), Sch 10, para 4. Section 109(2) amended by SI 2001/3500, art 8, Sch 2, Pt I, para 4(b).
F1601999 c. 14. Section 9(2) amended by the Care Standards Act 2000, s 116, Sch 4, para 26(1), (3)(a). Section 9(2) amended by the Criminal Justice and Court Services Act 2000, s 74, Sch 7, Pt II, paras 154, 157(a), the Education Act 2002, s 215(1), Sch 21, para 122(a), s 215(1), Sch 21, para 122(b), s 215(2), Sch 22, Pt 3 and s155, Sch 14, para 6 and the Criminal Justice and Court Services Act 2000, s 74, Sch 7, Pt II, paras 154, 157(d). Section 9(3A)-(3C) inserted by the Care Standards Act 2000, s 116, Sch 4, para 26(1), (3)(b).
F1621965 c. 64. Section 17(1) amended by the Courts and Legal Services Act 1990, s 71(2), Sch 10, para 26. Section 17(1A) inserted with savings by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 26.
F1641988 c. 48. Section 145(2) amended by SI 1999/678, art 2(1), Sch. Section 145(3) amended by the Courts and Legal Services Act 1990, s 71(2), Sch 10, para 73.
F165SI 2002/458.
F166SI 1992/661; amended by SI 1993/3172, reg 4.
F167SI 2004/1861.
F1701950 c. 12. Section 1(2) repealed by the Statute Law (Repeals) Act 1974. Section 1(3) amended by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 25. Section 1(3A) inserted by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 25. Section 1(4) repealed by the House of Commons Disqualification Act 1957, s 14(1), Sch 4, Part I.
F1711963 c. 2. Section 29(1) amended by the Horserace Betting Levy Act 1981, s 4(6), Schedule, para 2. Section 29(2) amended by the Courts and Legal Services Act 1990, s 71(2), Sch 10, para 16 and by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 48. Section 29(2A) inserted by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 48.
F1721998 c. 29. Section 6(1) amended by the Freedom of Information Act 2000, s 18(4), Sch 2, Pt I, para 13(1), (2). Section 6(3) amended by the Freedom of Information Act 2000, s 18(4), Sch 2, Pt I, para 13(1), (3). Section 6(4) amended by virtue of SI 1999/678, art 2(1), Schedule and by SI 2003/1887, art 9, Sch 2, para 9(1)(a). Section 6(6) amended by the Freedom of Information Act 2000, s 18(4), Sch 2, Pt II, para 16(a) and by the Freedom of Information Act 2000, s 18(4), Sch 2, Pt II, para 16(b).
F174SI 1995/540. Schedule 15 para 2, 3 and 4 amended by SI 2000/656, reg 6(4), Sch 4, Pt IV, para 2, and by SSI 2000/62, reg 6(4), Sch 4, Pt IV, para 2.
F175SI 1995/539. Schedule 21 para 2 amended by SI 2000/656, reg 6(3), Sch 4, Pt III, para 7, and SSI 2000/62, reg 6(3), Sch 4, Pt III, para 7 and by SI 1995/3189, reg 2(29). Schedule 21 para 2, 3 and 4 amended by SI 2000/656, reg 6(3), Sch 4, Pt III, para 2, and SSI 2000/62, reg 6(3), Sch 4, Pt III, para 2(1), (2).
F176SI 1995/2148. Para 2: Schedule 12 paras 1, 2 and 3 amended by SI 2000/656, reg 6(6), Sch 4, Pt VI, para 2, and SSI 2000/62, reg 6(6), Sch 4, Pt VI, para 2.
F1771983 c. 20. Section 65(1)–(1C) amended by the Health Authorities Act 1995, s 2(1), Sch 1, para 107(6). Schedule 2 para 2 amended by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 40. Schedule 2 para 2A inserted by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 40.
F1781971 c. 38. Schedule 3, Part 2 para 13(1A) inserted by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 42(3).
F179SI 2000/124.
F1802004 c. 35. At the date on which this Order was made, section 209 of the Pensions Act 2004 was not in force.
F1811993 c. 48. Section 145(1A)–(1C) inserted by the Pensions Act 2004, s 319(1), Sch 12, paras 9, 23. Section 145(2) amended by the Pensions Act 2004, s 274(1). Section 145(3) amended by the Pensions Act 2004, s 274(2). Section 145(4A)–(4C) inserted by the Pensions Act 1995, s 156. Section 145(5) amended by the Pensions Act 1995, ss 173, 177, Sch 6, para 7, Sch 7, Part IV.
F1822004 c. 35. At the date on which this Order was made, section 102 of the Pensions Act 2004 was not in force.
F183SI 1998/1203.
F184SI 1981/1518.
F1861967 c. 10. Section 27(1) amended by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (22)(a) and by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (22)(b). Section 27(2) amended by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (22)(b). Section 27(3) amended by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (9) and by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (22)(b). Section 27(4) amended by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (22)(c) and by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (22)(d).
F1881977 c. 42. Schedule 10 para 2 amended by the Housing Act 1980, s 152, Sch 25, para 56, Sch 26. Schedule 10 para 2A inserted by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 56. Schedule 10 para 5 amended by the Housing Act 1980, s 71(2). Schedule 10 para 6A inserted by the Housing Act 1980, s 71(2). Schedule 10 paras 8, 10 amended by the Housing Act 1996, ss 222, 227, Sch 18, para 22(1)(a), Sch 19, Part XIII. Para 8 amended by Housing Act 1980 s 152, Sch 25, para 56(b) and Sch 26. Schedule 10 para 7A inserted by the Housing Act 1980, s 148 and amended by the Housing Act 1996, ss 222, 227, Sch 18, para 22(1)(a), Sch 19, Part XIII. Schedule 10 para 9 amended by the Housing Act 1996, s 222, Sch 18, para 22(2). Schedule 10 para 10 amended by the Housing Act 1980, s 152, Sch 25, para 56, Sch 26.
F189Repealed with savings by SI 2003/1986, articles 1(2), 2(c)(iv), Sch 1, Pt 1 and Sch 2, para 13.
F1901967 c. 88. Section 21(1) amended by the Housing Act 1980, s 142, Sch 22. Section 21(1)(ba) inserted by the Housing Act 1996, ss 115, 116, Sch 11, para 1(2). Section 21(1)(cza) inserted by the Commonhold and Leasehold Reform Act 2002, s 149(2) and section 21(1)(ca) inserted by the Housing Act 1996, ss 115, 116, Sch 11, para 1(2). Section 21(2) amended by the Housing Act 1980, s 142, Sch 22.
F1911996 c. 56. Section 333(1Z) inserted by the Education Act 2002, s 195, Sch 18, paras 1, 4. Section 333(1) amended by the Special Educational Needs and Disability Act 2001, s 42(1), Sch 8, Pt 1, paras 1, 2.
F193SI 1989/439.
Valid from 05/09/1994
[F194Schedule 4U.K. Relevant Tribunals for Purposes of Section 5(7)
Textual Amendments
F194Sch. 4 inserted (5.9.1994) by 1994 c. 14, s. 1(3)
Tribunals constituted in Great Britain under regulations made under section 4 of the M12Vaccine Damage Payments Act 1979.
Child support appeal tribunals constituted under section 21 of the M13Child Support Act 1991.
Social security appeal tribunals constituted under section 41 of the M14Social Security Administration Act 1992.
Disability appeal tribunals constituted under section 43 of that Act.
Medical appeal tribunals constituted under section 50 of that Act.]