SCHEDULES
Section 2.
[F1SCHEDULE 1U.K. Pensions and other benefits
Textual Amendments
F1Sch. 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
Modifications etc. (not altering text)
C1Sch. 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 dayU.K.
1U.K.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.
Modifications etc. (not altering text)
C2Sch. 1 paras. 1, 2 (as substituted by 1993 c. 8) restricted (5.2.1994) by 1993 c. 46, ss. 1(3), 22(4), Sch. 1 para. 9(3)
Transitional provision for persons appointed before the appointed dayU.K.
2(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—U.K.
(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.
Modifications etc. (not altering text)
C3Sch. 1 paras. 1, 2 (as substituted by 1993 c. 8) restricted (5.2.1994) by 1993 c. 46, ss. 1(3), 22(4), Sch. 1 para. 9(3)
Effect of election to continue in former schemeU.K.
3U.K.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 schemeU.K.
4(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—U.K.
(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.
Modifications etc. (not altering text)
C4Sch. 1 para. 4 (as substituted by 1993 c. 8) modified (5.2.1994) by 1993 c. 46, ss. 1(3), 22(4), Sch. 1 para. 9(2)
Effect of election for, or to continue in, the civil service schemeU.K.
5U.K.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 schemeU.K.
6U.K.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, electionU.K.
7U.K.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.
RegulationsU.K.
8(1)The Treasury may make regulations for purposes supplementary to the other provisions of this Schedule.U.K.
(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.
Modifications etc. (not altering text)
C5Sch. 1 para. 8 (as substituted by 1993 c. 8) modified (5.2.1994) by 1993 c. 46, ss. 1(3), 22(4), Sch. 1 paras. 9(2), 10(b)
Pensions and benefits to be charged on the Consolidated FundU.K.
9U.K.Any pension or other benefit granted by virtue of this Schedule shall be charged on, and issued out of, the Consolidated Fund.
InterpretationU.K.
10U.K.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—
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;
“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.]
Textual Amendments
F2Sch. 1 para. 10: Words in definition substituted (7.2.1994) by 1993 c. 48, ss. 190, 193(2), Sch. 8 para.1; S. I. 1994/86, art. 2
F3Sch. 1 para. 10: Words in definition substituted (7.2.1994) by 1993 c. 49, ss. 184, 186(2), Sch. 7 para.7; S.R. 1994/17, art. 2
[F4X1F5SCHEDULE 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
F4Sch. 2 substituted (14.3.2005) by The Parliamentary Commissioner Order 2005 (S. I. 2005/249), art. 2, Sch. 1
F5Sch. 2 substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 1(2), Sch. 1
Modifications etc. (not altering text)
C6Sch. 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
[F7Advisory Board on Family Law]
[F7Advisory Committee on Novel Foods and Processes]
Advisory, Conciliation and Arbitration Service.
[F7Advisory Council on Public Records]
[F7Agricultural Dwelling House Advisory Committees]
[F8Agricultural Wages Board for England and Wales]
Agricultural wages committees.
[F9Ministry of Agriculture, Fisheries and Food]
[F8Alcohol Education and Research Council]
[F7Apple and Pear Research Council]
[F10Arts Council of England]
[F11Arts Council of Wales (Cyngor Celfyddydau Cymru)]
Arts Council of Great Britain.
[F12Scottish Arts Council]
[F13Director of the Assets Recovery Agency.]
[F7Authorised Conveyancing Practitioners Board]
[F7Boundary Commission for Northern Ireland]
[F8Britain-Russia Centre and the British East-West Centre]
[F8British Association for Central and Eastern Europe]
British Council.
[F7British Educational Communications and Technology Agency]
[F7British Hallmaking Council]
British Library Board.
[F7British Museum]
[F7British Potato Council]
[F7British Tourist Authority]
[F7Broadcasting Standards Commission]
[F14Building Societies Commission.]
[F8Cabinet Office]
Central Police Training and Development Authority
Certification Officer.
[F16F17Central Statistical Office of the Chancellor of the Exchequer]
Charity Commission.
[F16Children and Family Court Advisory and Support Service.]
[F7Civil Aviation Authority]
[F7Civil Justice Council]
[F18Office of the Minister for the Civil Service]
Civil Service Commission.
[F7Clinical Standards Advisory Group]
[F19Commission for Health Improvement]
[F20The Commission for Patient and Public Involvement in Health.]
[F21Commissioner for Protection Against Unlawful Industrial Action]
[F7Commissioner for the Rights of Trade Union Members]
[F7Committee for Monitoring Agreements on Tobacco Advertising and Sponsorship]
[F7Committee of Investigation for Great Britain]
[F7Committee on Standards in Public Life]
[F22Commonwealth Institute]
[F7Commonwealth Scholarship Commission in the United Kingdom]
[F7Community Development Foundation]
[F8Competition Commission]
[F7Consumer Panel]
[F7Consumers’ Committee for Great Britain under the Agricultural Marketing Act 1958]
[F23Coal Authority.]
Co-operative Development Agency.
[F24Countryside Agency]
[F25Countryside Commission for Scotland]
[F26Countryside Council for Wales.]
Crafts Council.
[F27Crofters Commission]
Crown Estate Office.
[F28Department for Culture, Media, and Sport.]
Customs and Excise.
[F31Deer Commission for Scotland]
Ministry of Defence.
[F7Design Council]
Development Commission.
[F32 Disability Rights Commission]
[F33United Kingdom Ecolabelling Board]
[F34The Department for Education and Employment.]
[F7Docklands Light Railway]
[F35Education Assets Board.]
[F36Department for Education]
[F37 Department for Education and Skills]
Central Bureau for Educational Visits and Exchanges.
[F38Electoral Commission.]
[F39F7East Midlands Region Electricity Consumers’ Committee]
[F39[F40Office of the Director General of Electricity Supply.]]
[F41Department of Employment]
[F42Department of Energy]
[F43Department of the Environment]
[F44 Department for Environment, Food and Rural Affairs]
[F45Department for Transport]
[F46Department for Work and Pensions]
[F47English National Board for Nursing, Midwifery and Health Visiting]
[F48English Nature]
[F49[F50The Department of the Environment, Transport and the Regions.]]
[F51Environment Agency]
[F51Scottish Environment Protection Agency]
Equal Opportunities Commission.
Export Credits Guarantee Department.
[F52Office of the Director General of Fair Trading.]
British Film Institute.
[F7Fleet Air Arm Museum]
[F7Food Advisory Committee]
[F7Food from Britain]
[F53Food Standards Agency]
[F7Football Licensing Authority]
Foreign and Commonwealth Office.
Forestry Commission.
[F14Registry of Friendly Societies.]
[F7Further Education Funding Council for England]
[F8Gaming Board for Great Britain]
[F55Gas and Electricity Consumer Council.]
[F55Gas and Electricity Markets Authority.]
[F39Office of the Director General of Gas Supply.]
[F7Geffrye Museum]
[F7Gene Therapy Advisory Committee]
[F56General Social Care Council.]
[F6General Teaching Council for Scotland]
[F57Department of Health.]
Health and Safety Commission.
Health and Safety Executive.
. . . F58
[F59Highlands and Islands Development Board]
[F7Higher Education Funding Council for England]
Historic Buildings and Monuments Commission for England.
[F7Historic Royal Palaces]
[F7Home-Grown Cereals Authority]
Home Office.
[F7Horniman Museum and Gardens]
Horserace Betting Levy Board.
[F7Horticultural Development Council]
Housing Corporation.
[F60Housing for Wales]
[F61Human Fertilisation and Embryology Authority.]
[F62The Immigration Services Commissioner]
[F7Imperial War Museum]
Central Office of Information.
[F63Information Commissioner.]
Inland Revenue.
[F64Department for International Developement.]
[F65 Intervention Board for Agricultural Produce.]
[F7Investors in People UK]
[F7Joint Nature Conservation Committee]
Land Registry.
[F66Legal Aid Board]
[F67Scottish Legal Aid Board.]
[F68Legal Services Commission]
[F69The 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.
[F6Local Government Boundary Commission for Scotland]
[F70Local Government Commission for England.]
[F7London Regional Passengers’ Committee]
[F7Lord Chancellor’s Advisory Committee on Legal Education and Conduct]
The Lord Chancellor’s Department.
Lord President of the Council’s Office.
. . . F71
. . . F72
[F7Marshall Aid Commemoration Commission]
[F7Meat and Livestock Commission]
[F73Medical Practices Committee.]
[F74Scottish Medical Practices Committee.]
[F7Medical Workforce Standing Advisory Committee]
[F39[F7Merseyside and North Wales Region Electricity Consumers’ Committee]]
[F7Milk Development Council]
[F7Millennium Commission]
[F75Monopolies and Mergers Commission]
Museums and Galleries Commission.
[F7Museum of London]
[F7Museum of Science and Industry in Manchester]
[F7National Army Museum]
[F7National Biological Standards Board (UK)]
[F76National Care Standards Commission.]
[F7National Consumer Council]
National Debt Office.
[F7National Employers’ Liaison Committee]
[F7National Endowment for Science, Technology and the Arts]
[F7National Film and Television School]
[F7National Forest Company]
[F6National Galleries of Scotland]
[F7National Gallery]
[F6National Library of Scotland]
[F6National Museums of Scotland]
[F77National Rivers Authority]
[F78Department of National Heritage.]
Trustees of the National Heritage Memorial Fund.
[F79Office of the Director General of the National Lottery]
[F80National Lottery Commission]
[F7National Lottery Charities Board]
Department for National Savings.
[F81Scottish Natural Heritage.]
[F7National Maritime Museum]
[F7National Museum of Science and Industry]
[F7National Museums and Galleries on Merseyside]
[F7National Portrait Gallery]
[F7National Radiological Protection Board]
[F7Natural History Museum]
Nature Conservancy Council.
[F84Nature Conservancy Council for Scotland]
[F7New Millennium Experience Company Ltd]
[F7New Opportunities Fund]
Commission for the New Towns.
Development corporations for new towns.
[F39[F7North Eastern Region Electricity Consumers’ Committee]]
[F39[F8North of Scotland Region Electricity Consumers’ Committee]]
[F39[F7North Western Region Electricity Consumers’ Committee]]
Northern Ireland Court Service.
[F7Northern Ireland Human Rights Commission]
Northern Ireland Office.
[F85Northern Ireland Policing Board]
[F10Occupational pensions Board]
[F86The Occupational Pensions Regulatory Authority]
[F87Office of the Commissioner for Protection Against Unlawful Industrial Action]
[F7Oil and Pipelines Agency]
[F7Parliamentary Boundary Commission for England]
[F8Parliamentary Boundary Commission for Scotland]
[F7Parliamentary Boundary Commission for Wales]
[F7Parole Board]
[F6Parole Board for Scotland]
[F88The Pensions Compensation Board]
Ordnance Survey.
[F17Office of Population Censuses and Surveys]
[F89Consumer Council for Postal Services]
[F90Police Information Technology Organisation]
[F92Postal Services Commission]
[F7Probation Board for Northern Ireland]
[F93Commissioner for Protection Against Unlawful Industrial Action]
Registrar of Public Lending Right.
Public Record Office.
[F94 Office of Fair Trading]
[F7Qualifications Curriculum Authority]
[F97The International Rail Regulator.]
[F99The Rail Regulator.]
Scottish Record Office.
Commission for Racial Equality.
[F100Rail Passengers’ Committees.]
[F100Rail Passengers’ Council.]
[F15[F7Rail Users’ Consultative Committee for Eastern England]]
[F15[F7Rail Users’ Consultative Committee for North Eastern England]]
[F15[F7Rail Users’ Consultative Committee for North Western England]]
[F15[F7Rail Users’ Consultative Committee for Southern England]]
[F15[F7Rail Users’ Consultative Committee for the Midlands]]
[F15[F7Rail Users’ Consultative Committee for Western England]]
[F7Remploy Ltd]
[F101Red Deer Commission]
[F74Department of the Registers of Scotland]
[F74General Register Office, Scotland]
[F102Agriculture and Food Research Council]
[F10Biotechnology and Biological Sciences Research Council]
[F10Council for the Central Laboratory of Research Councils]
Economic and Social Research Council.
[F10Engineering and Physical Sciences Research Council]
Medical Research Council.
Natural Environment Research Council.
[F10Particle Physics and Astronomy Research Council]
[F103Science and Engineering Research Council]
[F104The International Rail Regulator]
[F105Regional development agencies]
[F106(other than the London Development Agency)]
Residuary Bodies.
[F7Reviewing Committee on the Export of Works of Art]
[F107Office of the Commissioner for the Rights of Trade Union Members]
[F7Royal Air Force Museum]
[F7Royal Armouries Museum]
[F6Royal Botanic Garden, Edinburgh]
[F7Royal Botanic Gardens, Kew]
[F7 Royal Commission on Historical Manuscripts]
[F6Royal Commission on the Ancient and Historical Monuments of Scotland]
[F7Royal Commission on the Historical Monuments of England]
[F7Royal Marines Museum]
Royal Mint.
[F7Royal Naval Museum]
[F7Royal Navy Submarine Museum]
[F108Office of Her Majesty’s Chief Inspector of Schools in Wales.]
[F7Scientific Committee on Tobacco and Health]
[F6Scottish Agricultural Wages Board]
[F6Scottish Children’s Reporter Administration]
[F6Scottish Community Education Council]
[F6Scottish Consultative Council on the Curriculum]
[F6Scottish Council for Educational Technology]
[F74Scottish Courts Administration.]
[F109Scottish Environmental Protection Agency]
[F6Scottish Further Education Funding Council]
[F6Scottish Further Education Unit]
[F6Scottish Higher Education Funding Council]
[F110Scottish Homes.]
Scottish Office.
[F6Scottish Qualifications Authority]
[F6Scottish Screen Ltd]
[F6Scottish Studentship Selection Committee]
[F6Scottish Water and Sewerage Customers’ Council]
[F7Sea Fish Industry Authority]
[F111Office of the Secretary of State for Scotland]
[F112The Service Authority for the National Crime Squad.]
[F112The Service Authority for the National Criminal Intelligence Service.]
[F7Sir John Soane’s Museum]
Council for Small Industries in Rural Areas.
[F57Department of Social Security.]
Central Council for Education and Training in Social Work.
[F39[F7South Eastern Region Electricity Consumers’ Committee]]
[F39[F7South of Scotland Region Electricity Consumers’ Committee]]
[F39[F7South Wales Region Electricity Consumers’ Committee]]
[F39[F7South Western Region Electricity Consumers’ Committee]]
Sports Council.
[F113English Sports Council]
Scottish Sports Council.
[F113United Kingdom Sports Council.]
[F114Sports Council for Wales.]
[F115The Staff Commission for Wales (Comisiwn Staff Cymru).]
[F116Standards Board for England.]
[F7Standing Dental Advisory Committee]
[F7Standing Medical Advisory Committee]
[F7Standing Nursing and Midwifery Advisory Committee]
[F7Standing Pharmaceutical Advisory Committee]
Stationery Office.
[F117Strategic Rail Authority.]
[F118 The Office for National Statistics.]
[F7Tate Gallery]
[F7Teacher Training Agency]
Office of the Director General of Telecommunications.
[F7The Great Britain-China Centre]
[F7The Simpler Trade Procedures Board]
English Tourist Board.
[F74Scottish Tourist Board.]
[F114Wales 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.
. . . F119
[F120Traffic Director for London.]
[F43Department of Transport, Local Government and the Regions]
[F7Treasure Valuation Committee]
Treasury.
Treasury Solicitor.
[F7United Kingdom Atomic Energy Authority]
[F7United Kingdom Register of Organic Food Standards]
[F7United Kingdom Xenotransplantation Interim Regulatory Authority]
[F7Unrelated Live Transplant Regulatory Authority]
Urban development corporations [F121established for urban development areas wholly in England].
[F122Urban Regeneration Agency.]
[F7Victoria and Albert Museum]
[F123Development Board for Rural Wales]
[F7Wallace Collection]
[F7War Pensions Committees]
[F124Office of the Director General of Water Services.]
[F125Bwrdd yr Iaith Gymraeg (Welsh Language Board)]
Welsh Office.
[F7Westminster Foundation for Democracy]
[F7Wine Standards Board of the Vintners’ Company]
[F7Women’s National Commission]
[F7Yorkshire Region Electricity Consumers’ Committee]
[F126Youth Justice Board]
[F8Youth 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
F6Sch. 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
F7Entries in Sch. 2 inserted (15.3.1999) by S.I. 1999/277, art. 2
F8Entries in Sch. 2 inserted (19.8.1999) by S.I. 1999/2028, art. 2
F9Entry in Sch. 2 repealed (27.3.2002) by S.I. 2002/794, art. 5(2), Sch. 2 (with art. 6)
F10Sch. 2: entries inserted (31.7.1995) by virtue of S.I. 1995/1615, art. 2
F11Sch. 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
F12Sch. 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
F13Sch. 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)
F14Entries in Sch. 2 repealed (1.12.2001) by S.I. 2001/3649, art. 274
F15Entries 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)
F16Entry 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)
F17Sch. 2: entries repealed (1.4.1996) by S.I. 1996/273, art. 5(1), Sch. 2 para. 15(a)
F18Sch. 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)
F19Sch. 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)
F20Entry 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
F21Entry 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)
F22Sch. 2: entry repealed (7.1.2003) by 2002 c. 39, ss. 1(4), 3, 4(2), Sch. 1 para. 1, Sch. 3
F23Sch. 2: entry inserted (5.7.1994) by 1994 c. 21, s. 1, Sch. 1 Pt. I, para. 10
F24Sch. 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)
F25Sch. 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
F26Entry 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
F27Entry 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
F28Sch. 2: entry inserted (22.8.1997) by S.I. 1997/1744, art. 2(2), Sch. para. 2
F29Entry 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)
F30Sch. 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)
F31Sch. 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
F32Entry in Sch. 2 inserted (13.4.2000) by S.I. 2000/739, art. 2
F33Sch. 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
F34Sch. 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)
F35Entry inserted by Education Reform Act 1988 (c. 40, SIF 40:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 67
F36Sch. 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)
F37Entry in Sch. 2 inserted (27.6.2002) by S.I. 2002/1397, art. 12, Sch. Pt. I para. 4(b)
F38Entry 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)
F39Entries 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)
F40Entry inserted by Electricity Act 1989 (c. 29, SIF 44:1), ss. 1(5), 112(3), Sch. 1 para. 7, Sch. 17 para. 35(1)
F41Sch. 2: entry repealed (1.1.1996) by S.I. 1995/2986, art. 11, Sch. para. 5(a)
F42Sch. 2: entry repealed (5.7.1992) by S.I. 1992/1314, art. 5
F43Sch. 2: entries repealed (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. para. 2(a)
F44Entry in Sch. 2 inserted (27.3.2002) by S.I. 2002/794, art. 5(1), Sch. 1 para. 14 (with arts. 5(3), 6)
F45Entry in Sch. 2 inserted (13.8.2001) by S.I. 2001/2568, art. 16, Sch. para. 2(b)
F46Entry in Sch. 2 inserted (27.6.2002) by S.I. 2002/1397, art. 12, Sch. Pt. I para. 4(b)
F47Entry 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))
F48Entry in Sch. 2 inserted (30.1.2001) by 2000 c. 37, ss. 73(4), 103(2), Sch. 8 para. 2(c)
F49Entry in Sch. 2 repealed (13.8.2001) by S.I. 2001/2568, art. 16, Sch. para. 2(a)
F50Sch. 2: entry inserted (26.1.1998) by S.I. 1997/2791, art. 6(1), Sch. para. 2(b)
F51Sch. 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
F52Sch. 2: entry repealed (1.4.2003) by 2002 c. 40, s. 278, Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3)
F53Sch. 2: entry inserted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 3; S.I. 2000/1066, art. 2
F54Sch. 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
F55Entries 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.
F56Entry 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)
F57Entry 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)
F58Entry repealed by S.I. 1988/1843, art. 5(2)(a)
F59Words repealed (1.4.1991) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. III
F60Sch. 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
F61Entry inserted by Human Fertilisation and Embryology Act 1990 (c. 37, SIF 83:1), s. 5(3), Sch. 1 para. 14
F62Sch. 2: entry inserted (22.5.2000) by 1999 c. 33, s. 83, Sch. 5 para. 25; S.I. 2000/1282, art. 2, Sch.
F63Entry 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)
F64Sch. 2: entry inserted (22.8.1997) by S.I. 1997/1749, art. 8
F65Entry in Sch. 2 repealed (15.11.2001) by S.I. 2001/3686, reg. 6(2)
F66Sch. 2: entry repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I; S.I. 2000/774, art. 2(c), Sch.
F67Entry 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
F68Sch. 2: entry inserted (1.4.2000) by 1999 c. 22, s. 24, Sch. 4 para. 2; S.I. 2000/774, art. 2(a)
F69Sch. 2: entry inserted (1.11.2003) by 1999 c. 22, ss. 51, 108(1), Sch. 8 para. 9; S.I. 2003/2571, art. 2
F70Sch. 2: entry inserted (6.3.1992) by Local Government Act 1992 (c. 19), s. 12, Sch. 2 para. 11
F71Entry repealed by S.I. 1987/2039, art. 4(1)(a)
F72Entry repealed by Employment Act 1988 (c. 19, SIF 43:5), s. 33(2), Sch. 4
F73Entry 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.
F74Sch. 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
F75Sch. 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
F76Entry 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)
F77Sch. 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
F78Sch. 2: entry inserted (3.7.1992) by S.I. 1992/1311, art. 12(1)(a)
F79Sch. 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
F80Sch. 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
F81Sch. 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
F82Entry 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
F83Sch. 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
F84Sch. 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
F85Entry 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.
F86Sch. 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
F87Sch. 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)
F88Sch. 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
F89Entry 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
F90Sch. 2: entry inserted (1.4.1998) by 1997 c. 50, s. 134(1), Sch. 9 para. 7; S.I. 1998/354, art. 2
F91Entries 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
F92Sch. 2: entry inserted (1.4.2000) by S.I. 1999/2107, reg. 3(4)
F93Sch. 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
F94Entry 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)
F95Sch. 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
F96Sch. 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)
F97Sch. 2: entry inserted (1.1.1993) by S.I. 1992/3060, reg. 7(6), Sch. 2 para. 7
F98Sch. 2: entry inserted (5.11.1993) by 1993 c. 43, s. 1(6), Sch. 1 para. 7(a)
F99Sch. 2: entry inserted (5.11.1993) by 1993 c. 43, s. 1(6), Sch. 1 para. 7(b)
F100Entries 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)
F101Sch. 2: entry repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 3(b), Sch. 2
F102Sch. 2: entry deleted (31.7.1995) by S.I. 1995/1615, art. 2
F103Sch. 2: entry deleted (31.7.1995) by S.I. 1995/1615, art. 2
F104Sch. 2: entry inserted (27.7.1998) by S.I. 1998/1340, reg. 9(6), Sch. 2 para. 7
F105Sch. 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)
F106Sch. 2: words inserted (8.5.2000) by 1999 c. 29, s. 394(6); S.I. 2000/801, art. 2(b), Sch. Pt. 2
F107Entry 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)
F108Sch. 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
F109Sch. 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
F110Entry 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
F111Entry 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
F112Entries 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)
F113Sch. 2: entries inserted (18.11.1996) by S.I. 1996/2601, art. 2
F114Sch. 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
F116Entry 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
F117Entry in Sch. 2 inserted (15.1.2001) by 2000 c. 38, s. 204, Sch. 14 para. 27; S.I. 2000/3376, art. 2
F118Sch. 2: entry inserted (1.4.1996) by S.I. 1996/273, art. 5(1), Sch. 2 para. 15(b)
F119Entry 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
F120Sch. 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.
F121Sch. 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
F122Sch. 2: entry inserted (10.11.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 3(1); S.I. 1993/2762, art. 3
F123Sch. 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
F124Entry 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
F125Sch. 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
F126Sch. 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
[F127A1In 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
F127Sch. 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.
[F1281AThe reference to the Environment Agency is a reference to that Agency in relation to all its functions other than its flood defence functions, within the meaning of the M1Water Resources Act 1991.]
Textual Amendments
F128Sch. 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
[F1291B 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
F129Sch. 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 F130. . . does not include the Privy Council Office.
Textual Amendments
F130Words in Sch. 2 Note 5 omitted (3.7.1992) by virtue of S.I. 1992/1311, art. 12(1)(b)
6The references to the [F131Office of Public Service F132. . .] and the Treasury do not include the Cabinet Office, but subject to that include the subordinate departments of the [F131Office of Public Service F132. . .] and of the Treasury and the office of any Minister whose expenses are defrayed out of moneys provided by Parliament for service of the [F131Office of Public Service F132. . .] or the Treasury.
Textual Amendments
F131Words in Sch. 2 Note 6 substituted (6.7.1992) by virtue of S.I. 1992/1296, art. 6(1), Sch. para. 3(d)
F132Sch. 2 Note 6: words repealed (1.1.1996) by S.I. 1998/2985, art. 5(1), Sch. para. 2(b)
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)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
F1349
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
Sch. 2 Note 9 (as inserted by 1989 c. 15) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 11(c)(ii), Sch. 24 (with ss. 7(6), 115, 117, 120, Sch. 23 para. 10(3)); S.I. 1996/186, art. 3
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.
[F13511In 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
F135Sch. 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 F136, or
(b)any other enactment relating to the regulation of insurance companies within the meaning of that Act.
Textual Amendments
F1361982 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 [F137other 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 . . . F138.]
Textual Amendments
F137Words added by S.I. 1979/915, art. 2
F138Words 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 M2Extradition Act 1870 [F139, the Fugitive Offenders Act 1967 or the Extradition Act 1989].
Textual Amendments
F139Words substituted by Extradition Act 1989 (c. 33, SIF 48), s. 36(1)
Modifications etc. (not altering text)
C7Para. 4 extended by Fugitive Offenders Act 1967 (c. 68, SIF 48), s. 21(4)
Marginal Citations
M21870 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)
C8Sch. 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 M3Naval Discipline Act 1957, the M4Army Act 1955 or the M5Air Force Act 1955, or of proceedings before any international court or tribunal.
[F1406AU.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
[F1416B(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
F141Sch. 3 para. 6B inserted (5.9.1994) by 1994 c. 14, ss. 1(2), 3(2)
Modifications etc. (not altering text)
C9Sch. 3 para. 6B(2) extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(b)
[F1426CAction 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
F142Sch. 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 F143. . . the High Court of Justiciary or the Courts-Martial Appeal Court.
Textual Amendments
F143Sch. 3 para. 7: words repealed (31.3.1997) by 1995 c. 35, s. 29(2), Sch. 3; S.I. 1997/402, arts. 3(f), 4.
Modifications etc. (not altering text)
C10Sch. 3 para. 7 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(a)
C11Sch. 3 para. 7 continued (28.2.1999) by S.I. 1999/652, art. 3(2)
8Action taken on behalf of the Minister of Health or the Secretary of State by a [F144Health Authority, a Special Health Authority][F145except the Rampton Hospital Review Board][F146 . . . F147 the Rampton Hospital Board], [F148the 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 [F149by the Dental Practice Board or the Scottish Dental Practice Board], or by the Public Health Laboratory Service Board.
Textual Amendments
F144Sch. 3 para. 8: words substituted (28.6.1995) by 1995 c. 17, s. 2(1), Sch. 1 para. 93(a)
F145Words inserted by S.I. 1981/736, art. 2
F146Words inserted by S.I. 1986/1168, art. 2
F147Word repealed by S.I. 1987/661, art. 2(a)
F148Words inserted by S.I. 1987/661, art. 2(b)
F149Words in Sch. 3 para. 8 inserted (5.2.1994) by 1993 c. 46, ss. 20, 22(4), Sch. 2 para. 2
Modifications etc. (not altering text)
C12Sch. 3 para. 8 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(a)
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)
C13Sch. 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 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.]
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)
C14Sch. 3 para. 10 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(c)
Marginal Citations
M61980 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
[F154X3Schedule 4U.K. Relevant Tribunals for Purposes of Section 5(7)
Editorial Information
X3Sch. 4: this version of this provision contains details of amendments coming into force on or after 23.8.1996 and before 8.5.1998 (repealed text is retained). For previous amendment history, please refer to the earlier version.
Textual Amendments
F154Sch. 4 inserted (5.9.1994) by 1994 c. 14, s. 1(3)
[F155Agricultural Land Tribunals constituted under section 73 of the Agriculture Act 1947 F156.]
[F155Central Arbitration Committee constituted under section 259 of the Trade Union and Labour Relations (Consolidation) Act 1992 F157.]
Child support appeals tribunals constituted under section 21 of the M7Child Support Act 1991.
[F155Commons Commissioners constituted under section 17 of the Commons Registration Act 1965 F158.]
[F155Copyright Tribunal constituted under section 145 of the Copyright Designs and Patents Act 1988 F159.]
[F155Court of the Lord Lyon provision for whose powers and constitution was made in the Lyon King of Arms Act 1592 F160 and the Lyon King of Arms Act 1867 F161.]
Tribunals constituted in Great Britain under regulations made under section 4 of the M8Vaccine Damage Payments Act 1979.
[F155Dairy Produce Quota Tribunal for England and Wales constituted under regulation 6 of the Dairy Produce Quotas Regulations 1984 F162 and continued in existence under regulation 35 of, and Schedule 6 to, the Dairy Produce Quotas Regulations 1994 F163.]
[F155Dairy Produce Quota Tribunal for Scotland constituted under regulation 6 of the Dairy Produce Quotas Regulations 1984 F164 and continued in existence under regulation 35 of, and Schedule 6 to, the Dairy Produce Quotas Regulations 1994 F165.]
[F155Data Protection Tribunal constituted under section 3 of the Data Protection Act 1984 F166.]
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.
[F155Employment Appeal Tribunal established under section 87 of the Employment Protection Act 1975 F167 and continued in existence under section 135 of, and Schedule 11 to, the Employment Protection (Consolidation) Act 1978 F168.]
[F155Financial Services Tribunal constituted under section 96 of the Financial Services Act 1986 F169.]
[F155Foreign Compensation Commission constituted under section 1 of the Foreign Compensation Act 1950 F170.]
[F155Horserace Betting Levy Appeal Tribunal for England and Wales constituted under section 29 of the Betting, Gaming and Lotteries Act 1963 F171.]
[F155The 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 F172.]
[F155Independent Schools Tribunals for England and Wales constituted under section 72 of, and Schedule 6 to, the Education Act 1944 F173.]
[F155Independent Schools Tribunals for Scotland constituted under section 100 of, and Schedule 2 to, the Education (Scotland) Act 1980 F174.]
[F155Industrial Tribunals (England and Wales) established under regulation 4 of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993 F175.]
[F155Industrial Tribunals (Scotland) established under regulation 4 of the Industrial Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 1993 F176.]
[F155Insolvency Practitioners Tribunal referred to in section 396 of the Insolvency Act 1986 F177.]
[F155Lands Tribunal for Scotland constituted under section 1 of the Lands Tribunal Act 1949 F178.]
[F155Meat 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 F179, regulation 6(2) of, and Schedule 21 to, the Fresh Meat (Hygiene and Inspection) Regulations 1995 F180 and regulation 5(2) of, and Schedule 12 to, the Wild Game Meat (Hygiene and Inspection) Regulations 1995 F181.]
Medical appeal tribunals constituted under section 50 of that Act.]
[F155Misuse of Drugs Advisory Body constituted under section 16(1) of, and Part II of Schedule 3 to, the Misuse of Drugs Act 1971 F182.]
[F155Misuse of Drugs Professional Panel constituted under section 16(1) of, and Part III of Schedule 3 to, the Misuse of Drugs Act 1971.]
[F155Misuse of Drugs Tribunal constituted under section 16(1) of, and Part I of Schedule 3 to, the Misuse of Drugs Act 1971.]
[F155Pensions Appeal Tribunal for Scotland constituted under section 6 of, and the Schedule to, the Pensions Appeal Tribunals Act 1943 F183.]
[F155Pensions Ombudsman established under section 145 of the Pension Schemes Act 1993 F184.]
[F155Persons hearing consumer credit licensing appeals appointed under regulation 19 of the Consumer Credit Licensing (Appeals) Regulations 1976 F185.]
[F155Persons hearing estate agents’ appeals appointed under regulation 19 of the Estate Agents (Appeals) Regulations 1981 F186.]
[F155Plant Varieties and Seeds Tribunal constituted under section 10 of, and Schedule 4 to, the Plant Varieties and Seeds Act 1964 F187.]
[F155Reference Committees constituted under section 27 of the Forestry Act 1967 F188.]
[F155Registered Homes Tribunals constituted under section 40 of the Registered Homes Act 1984 F189.]
[F155Registered Inspectors of Schools Appeal Tribunals constituted under section 12 of, and Schedule 3 to, the Education (Schools) Act 1992 F190.]
[Rent Assessment Committees constituted under section 65 of, and Schedule 10 to, the Rent Act 1977 F191 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 F192 as amended by section 142 of, and Schedule 22 to, the Housing Act 1980 F193 and section 91 of the Leasehold Reform, Housing and Urban Development Act 1993 F194 and as rent tribunals for the purpose of references pursuant to the provisions in Part V of the Rent Act 1977 F195 as amended by section 72 of the Housing Act 1980 F196.]
[F155Rent Assessment Committees for Scotland constituted under section 44 of, and Schedule 4 to, the Rent (Scotland) Act 1984 F197.]
[F155Scottish Land Court constituted under section 3 of the Small Landholders (Scotland) Act 1911 F198.]
[F155Special Educational Needs Tribunal constituted under section 177 of the Education Act 1993 F199.]
[F155Tribunals of Appeal constituted under section 109 of the London Building Acts (Amendment) Act 1939 F200.]
[F155Valuation Tribunals established under regulation 3 of the Valuation and Community Charge Tribunals Regulations 1989 F201 as amended by regulation 5 of the Valuation and Community Charge Tribunals (Amendment) Regulations 1993 F202.]