SCHEDULES
F3C5SCHEDULE 1 Pensions and other benefits
Sch. 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 day
C11
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.
Transitional provision for persons appointed before the appointed day
C22
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—
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.
Effect of election to continue in former scheme
3
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 scheme
C34
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—
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.
Effect of election for, or to continue in, the civil service scheme
5
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 scheme
6
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, election
7
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.
Regulations
C48
1
The Treasury may make regulations for purposes supplementary to the other provisions of this Schedule.
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.
Pensions and benefits to be charged on the Consolidated Fund
9
Any pension or other benefit granted by virtue of this Schedule shall be charged on, and issued out of, the Consolidated Fund.
Interpretation
10
In this Schedule—
“the 1981 Act” means the Judicial Pensions Act 1981;
“the 1993 Act” means the Judicial Pensions and Retirement Act 1993;
“the appointed day” means the day on which Part II of Schedule 4 to the 1993 Act comes into force;
“the former enactments” means Schedule 1 to this Act, as it had effect from time to time before the appointed day;
“judicial pension scheme” means any public service pension scheme, as defined in—
- a
F1section 1 of the Pension Schemes Act 1993, or
- b
F2section 1 of the Pension Schemes (Northern Ireland) Act 1993,
under which pensions and other benefits are payable in respect of service in one or more qualifying judicial offices, within the meaning of the 1993 Act, but does not include the civil service scheme;
- a
“the old judicial scheme” means the statutory scheme of pensions and other benefits applicable under or by virtue of the 1981 Act to the judicial offices listed in section 1 of that Act.
F7X1F8C10SCHEDULE 2 Departments Etc. Subject to Investigation
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).
Sch. 2 substituted (14.3.2005) by The Parliamentary Commissioner Order 2005 (S. I. 2005/249), art. 2, Sch. 1
Sch. 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
F10Advisory Board on Family Law
F10Advisory Committee on Novel Foods and Processes
Advisory, Conciliation and Arbitration Service.
F10Advisory Council on Public Records
F10Agricultural Dwelling House Advisory Committees
F11Agricultural Wages Board for England and Wales
Agricultural wages committees.
F12Ministry of Agriculture, Fisheries and Food
F11Alcohol Education and Research Council
F10Apple and Pear Research Council
F13Arts Council of England
F14Arts Council of Wales (Cyngor Celfyddydau Cymru)
Arts Council of Great Britain.
F15Scottish Arts Council
F16Director of the Assets Recovery Agency.
F10Authorised Conveyancing Practitioners Board
F10Boundary Commission for Northern Ireland
F11Britain-Russia Centre and the British East-West Centre
F11British Association for Central and Eastern Europe
British Council.
F10British Educational Communications and Technology Agency
F10British Hallmaking Council
British Library Board.
F10British Museum
F10British Potato Council
F10British Tourist Authority
F10Broadcasting Standards Commission
F17Building Societies Commission.
F11Cabinet Office
Central Police Training and Development Authority
Certification Officer.
F20F19Central Statistical Office of the Chancellor of the Exchequer
Charity Commission.
F20Children and Family Court Advisory and Support Service.
F10Civil Aviation Authority
F10Civil Justice Council
F21Office of the Minister for the Civil Service
Civil Service Commission.
F10Clinical Standards Advisory Group
F22Commission for Health Improvement
F23The Commission for Patient and Public Involvement in Health.
F24Commissioner for Protection Against Unlawful Industrial Action
F10Commissioner for the Rights of Trade Union Members
F10Committee for Monitoring Agreements on Tobacco Advertising and Sponsorship
F10Committee of Investigation for Great Britain
F10Committee on Standards in Public Life
F25Commonwealth InstituteF10Commonwealth Scholarship Commission in the United Kingdom
F10Community Development Foundation
F11Competition Commission
F10Consumer Panel
F10Consumers’ Committee for Great Britain under the Agricultural Marketing Act 1958
F26Coal Authority.
Co-operative Development Agency.
F27Countryside Agency
F28Countryside Commission for Scotland
F29Countryside Council for Wales.
Crafts Council.
F30Crofters Commission
Crown Estate Office.
F31Department for Culture, Media, and Sport.
Customs and Excise.
F34Deer Commission for Scotland
Ministry of Defence.
F10Design Council
Development Commission.
F35 Disability Rights Commission
F36United Kingdom Ecolabelling Board
F37The Department for Education and Employment.
F10Docklands Light Railway
F38Education Assets Board.
F39Department for Education
F40 Department for Education and Skills
Central Bureau for Educational Visits and Exchanges.
F41Electoral Commission.
F44Department of Employment
F45Department of Energy
F46Department of the Environment
F47 Department for Environment, Food and Rural Affairs
F48Department for Transport
F49Department for Work and Pensions
F50English National Board for Nursing, Midwifery and Health Visiting
F51English Nature
F52F53The Department of the Environment, Transport and the Regions.
F54Environment Agency
F54Scottish Environment Protection Agency
Equal Opportunities Commission.
Export Credits Guarantee Department.
F55Office of the Director General of Fair Trading.British Film Institute.
F10Fleet Air Arm Museum
F10Food Advisory Committee
F10Food from Britain
F56Food Standards Agency
F10Football Licensing Authority
Foreign and Commonwealth Office.
Forestry Commission.
F17Registry of Friendly Societies.
F10Further Education Funding Council for England
F11Gaming Board for Great Britain
F58Gas and Electricity Consumer Council.
F58Gas and Electricity Markets Authority.
F42Office of the Director General of Gas Supply.
F10Geffrye Museum
F10Gene Therapy Advisory Committee
F59General Social Care Council.
F9General Teaching Council for Scotland
F60Department of Health.
Health and Safety Commission.
Health and Safety Executive.
. . . F61
F62Highlands and Islands Development Board
F10Higher Education Funding Council for England
Historic Buildings and Monuments Commission for England.
F10Historic Royal Palaces
F10Home-Grown Cereals Authority
Home Office.
F10Horniman Museum and Gardens
Horserace Betting Levy Board.
F10Horticultural Development Council
Housing Corporation.
F63Housing for Wales
F64Human Fertilisation and Embryology Authority.
F65The Immigration Services Commissioner
F10Imperial War Museum
Central Office of Information.
F66Information Commissioner.
Inland Revenue.
F67Department for International Developement.
F68 Intervention Board for Agricultural Produce.
F10Investors in People UK
F10Joint Nature Conservation Committee
Land Registry.
F69Legal Aid Board
F70Scottish Legal Aid Board.
F71Legal Services Commission
F72The 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.
F9Local Government Boundary Commission for Scotland
F73Local Government Commission for England.
F10London Regional Passengers’ Committee
F10Lord Chancellor’s Advisory Committee on Legal Education and Conduct
The Lord Chancellor’s Department.
Lord President of the Council’s Office.
. . . F74
. . . F75
F10Marshall Aid Commemoration Commission
F10Meat and Livestock Commission
F76Medical Practices Committee.
F77Scottish Medical Practices Committee.
F10Medical Workforce Standing Advisory Committee
F42F10Merseyside and North Wales Region Electricity Consumers’ Committee
F10Milk Development Council
F10Millennium Commission
F78Monopolies and Mergers Commission
Museums and Galleries Commission.
F10Museum of London
F10Museum of Science and Industry in Manchester
F10National Army Museum
F10National Biological Standards Board (UK)
F79National Care Standards Commission.
F10National Consumer Council
National Debt Office.
F10National Employers’ Liaison Committee
F10National Endowment for Science, Technology and the Arts
F10National Film and Television School
F10National Forest Company
F9National Galleries of Scotland
F10National Gallery
F9National Library of Scotland
F9National Museums of Scotland
F80National Rivers Authority
F81Department of National Heritage.
Trustees of the National Heritage Memorial Fund.
F82Office of the Director General of the National Lottery
F83National Lottery Commission
F10National Lottery Charities Board
Department for National Savings.
F84Scottish Natural Heritage.
F10National Maritime Museum
F10National Museum of Science and Industry
F10National Museums and Galleries on Merseyside
F10National Portrait Gallery
F10National Radiological Protection Board
F10Natural History Museum
Nature Conservancy Council.
F87Nature Conservancy Council for Scotland
F10New Millennium Experience Company Ltd
F10New Opportunities Fund
Commission for the New Towns.
Development corporations for new towns.
F42F11North of Scotland Region Electricity Consumers’ Committee
Northern Ireland Court Service.
F10Northern Ireland Human Rights Commission
Northern Ireland Office.
F88Northern Ireland Policing Board
F13Occupational pensions Board
F89The Occupational Pensions Regulatory Authority
[F90Office of the Commissioner for Protection Against Unlawful Industrial Action]
F10Oil and Pipelines Agency
F10Parliamentary Boundary Commission for England
F11Parliamentary Boundary Commission for Scotland
F10Parliamentary Boundary Commission for Wales
F10Parole Board
F9Parole Board for Scotland
F91The Pensions Compensation Board
Ordnance Survey.
F19Office of Population Censuses and Surveys
F92Consumer Council for Postal Services
F93Police Information Technology Organisation
F95Postal Services Commission
F10Probation Board for Northern Ireland
F96Commissioner for Protection Against Unlawful Industrial Action
Registrar of Public Lending Right.
Public Record Office.
F97 Office of Fair Trading
F10Qualifications Curriculum Authority
F100The International Rail Regulator.
F102The Rail Regulator.
Scottish Record Office.
Commission for Racial Equality.
F103Rail Passengers’ Committees.
F103Rail Passengers’ Council.
F18F10Rail Users’ Consultative Committee for Eastern England
F18F10Rail Users’ Consultative Committee for North Eastern England
F18F10Rail Users’ Consultative Committee for North Western England
F18F10Rail Users’ Consultative Committee for Southern England
F18F10Rail Users’ Consultative Committee for Western England
F10Remploy Ltd
F104Red Deer Commission
F77Department of the Registers of Scotland
F77General Register Office, Scotland
F105Agriculture and Food Research Council
F13Biotechnology and Biological Sciences Research Council
F13Council for the Central Laboratory of Research Councils
Economic and Social Research Council.
F13Engineering and Physical Sciences Research Council
Medical Research Council.
Natural Environment Research Council.
F13Particle Physics and Astronomy Research Council
F106Science and Engineering Research Council
F107The International Rail Regulator
F108Regional development agencies
F109(other than the London Development Agency)
Residuary Bodies.
F10Reviewing Committee on the Export of Works of Art
F110Office of the Commissioner for the Rights of Trade Union Members
F10Royal Air Force Museum
F10Royal Armouries Museum
F9Royal Botanic Garden, Edinburgh
F10Royal Botanic Gardens, Kew
F10 Royal Commission on Historical Manuscripts
F9Royal Commission on the Ancient and Historical Monuments of Scotland
F10Royal Commission on the Historical Monuments of England
F10Royal Marines Museum
Royal Mint.
F10Royal Naval Museum
F10Royal Navy Submarine Museum
F111Office of Her Majesty’s Chief Inspector of Schools in Wales.
F10Scientific Committee on Tobacco and Health
F9Scottish Agricultural Wages Board
F9Scottish Children’s Reporter Administration
F9Scottish Community Education Council
F9Scottish Consultative Council on the Curriculum
F9Scottish Council for Educational Technology
F77Scottish Courts Administration.
F112Scottish Environmental Protection Agency
F9Scottish Further Education Funding Council
F9Scottish Further Education Unit
F9Scottish Higher Education Funding Council
F113Scottish Homes.
Scottish Office.
F9Scottish Qualifications Authority
F9Scottish Screen Ltd
F9Scottish Studentship Selection Committee
F9Scottish Water and Sewerage Customers’ Council
F10Sea Fish Industry Authority
F114Office of the Secretary of State for Scotland
F115The Service Authority for the National Crime Squad.
F115The Service Authority for the National Criminal Intelligence Service.
F10Sir John Soane’s Museum
Council for Small Industries in Rural Areas.
F60Department of Social Security.
Central Council for Education and Training in Social Work.
F42F10South of Scotland Region Electricity Consumers’ Committee
Sports Council.
F116English Sports Council
Scottish Sports Council.
F116United Kingdom Sports Council.
F117Sports Council for Wales.
F118The Staff Commission for Wales (Comisiwn Staff Cymru).
F119Standards Board for England.
F10Standing Dental Advisory Committee
F10Standing Medical Advisory Committee
F10Standing Nursing and Midwifery Advisory Committee
F10Standing Pharmaceutical Advisory Committee
Stationery Office.
F120Strategic Rail Authority.
F121 The Office for National Statistics.
F10Tate Gallery
F10Teacher Training Agency
Office of the Director General of Telecommunications.
F10The Great Britain-China Centre
F10The Simpler Trade Procedures Board
English Tourist Board.
F77Scottish Tourist Board.
F117Wales 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.
. . . F122
F123Traffic Director for London.
F46Department of Transport, Local Government and the Regions
F10Treasure Valuation Committee
Treasury.
Treasury Solicitor.
F10United Kingdom Atomic Energy Authority
F10United Kingdom Register of Organic Food Standards
F10United Kingdom Xenotransplantation Interim Regulatory Authority
F10Unrelated Live Transplant Regulatory Authority
Urban development corporations F124established for urban development areas wholly in England.
F125Urban Regeneration Agency.
F10Victoria and Albert Museum
F126Development Board for Rural Wales
F10Wallace Collection
F10War Pensions Committees
F127Office of the Director General of Water Services.
F128Bwrdd yr Iaith Gymraeg (Welsh Language Board)
Welsh Office.
F10Westminster Foundation for Democracy
F10Wine Standards Board of the Vintners’ Company
F10Women’s National Commission
F10Yorkshire Region Electricity Consumers’ Committee
F129Youth Justice Board
F11Youth Justice Board for England and Wales
NOTES
F130A1
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.
F1371A
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 M2Water Resources Act 1991.
F1381B
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 F131. . . does not include the Privy Council Office.
6
The references to the F132Office of Public Service and Science and the Treasury do not include the Cabinet Office, but subject to that include the subordinate departments of the F132Office of Public Service and Science 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 Public Service and Science or the Treasury.
7
In 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.
8
The reference to the Treasury Solicitor does not include a reference to Her Majesty’s Procurator General.
F1338A
In the case of Scottish Homes no investigation shall be conducted under this Act in respect of any of its actions as a landlord.
F1349
The 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).
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.
F13611
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 F139, or
b
any other enactment relating to the regulation of insurance companies within the meaning of that Act.
SCHEDULE 3 Matters not subject to investigation
1
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.
2
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 F140other 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 . . . F141.
3
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.
C64
C75
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.
6
F46A
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.
F56B
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.
C82
In this paragraph, “relevant tribunal” has the meaning given by section 5(8) of this Act.
F1526C
Action 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.
7
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 the Court of Appeal, the High Court of Justiciary or the Courts-Martial Appeal Court.
C118
Action taken on behalf of the Minister of Health or the Secretary of State by a F143Health Authority, a Special Health AuthorityF144except the Rampton Hospital Review BoardF145 . . . 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.
C99
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.
C1210
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.
F1512
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.
11
The grant of honours, awards or privileges within the gift of the Crown, including the grant of Royal Charters.
F612
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.
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.
F153Schedule 4 Relevant Tribunals for Purposes of Section 5(7)
Sch. 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 M7Vaccine Damage Payments Act 1979.
Child support appeal tribunals constituted under section 21 of the M8Child Support Act 1991.
Social security appeal tribunals constituted under section 41 of the M9Social Security Administration Act 1992.
Disability appeal tribunals constituted under section 43 of that Act.
Medical appeal tribunals constituted under section 50 of that Act.
Sch. 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