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.
F8X1F9C12SCHEDULE 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
F11Advisory Board on Family Law
F11Advisory Committee on Novel Foods and Processes
Advisory, Conciliation and Arbitration Service.
F11Advisory Council on Public Records
F11Agricultural Dwelling House Advisory Committees
F12Agricultural Wages Board for England and Wales
Agricultural wages committees.
F13Ministry of Agriculture, Fisheries and Food
F12Alcohol Education and Research Council
F11Apple and Pear Research Council
F14Arts Council of England
F15Arts Council of Wales (Cyngor Celfyddydau Cymru)
Arts Council of Great Britain.
F16Scottish Arts Council
F17Director of the Assets Recovery Agency.
F11Authorised Conveyancing Practitioners Board
F11Boundary Commission for Northern Ireland
F12Britain-Russia Centre and the British East-West Centre
F12British Association for Central and Eastern Europe
British Council.
F11British Educational Communications and Technology Agency
F11British Hallmaking Council
British Library Board.
F11British Museum
F11British Potato Council
F11British Tourist Authority
F11Broadcasting Standards Commission
F18Building Societies Commission.
F12Cabinet Office
Central Police Training and Development Authority
Certification Officer.
F21F20Central Statistical Office of the Chancellor of the Exchequer
Charity Commission.
F21Children and Family Court Advisory and Support Service.
F11Civil Aviation Authority
F11Civil Justice Council
F22Office of the Minister for the Civil Service
Civil Service Commission.
F11Clinical Standards Advisory Group
F23Commission for Health Improvement
F24The Commission for Patient and Public Involvement in Health.
F25Commissioner for Protection Against Unlawful Industrial Action
F11Commissioner for the Rights of Trade Union Members
F11Committee for Monitoring Agreements on Tobacco Advertising and Sponsorship
F11Committee of Investigation for Great Britain
F11Committee on Standards in Public Life
F26Commonwealth InstituteF11Commonwealth Scholarship Commission in the United Kingdom
F11Community Development Foundation
F12Competition Commission
F11Consumer Panel
F11Consumers’ Committee for Great Britain under the Agricultural Marketing Act 1958
F27Coal Authority.
Co-operative Development Agency.
F28Countryside Agency
F29Countryside Commission for Scotland
F30Countryside Council for Wales.
Crafts Council.
F31Crofters Commission
Crown Estate Office.
F32Department for Culture, Media, and Sport.
Customs and Excise.
F35Deer Commission for Scotland
Ministry of Defence.
F11Design Council
Development Commission.
F36 Disability Rights Commission
F37United Kingdom Ecolabelling Board
F38The Department for Education and Employment.
F11Docklands Light Railway
F39Education Assets Board.
F40Department for Education
F41 Department for Education and Skills
Central Bureau for Educational Visits and Exchanges.
F42Electoral Commission.
F45Department of Employment
F46Department of Energy
F47Department of the Environment
F48 Department for Environment, Food and Rural Affairs
F49Department for Transport
F50Department for Work and Pensions
F51English National Board for Nursing, Midwifery and Health Visiting
F52English Nature
F53F54The Department of the Environment, Transport and the Regions.
F55Environment Agency
F55Scottish Environment Protection Agency
Equal Opportunities Commission.
Export Credits Guarantee Department.
F56Office of the Director General of Fair Trading.British Film Institute.
F11Fleet Air Arm Museum
F11Food Advisory Committee
F11Food from Britain
F57Food Standards Agency
F11Football Licensing Authority
Foreign and Commonwealth Office.
Forestry Commission.
F18Registry of Friendly Societies.
F11Further Education Funding Council for England
F12Gaming Board for Great Britain
F59Gas and Electricity Consumer Council.
F59Gas and Electricity Markets Authority.
F43Office of the Director General of Gas Supply.
F11Geffrye Museum
F11Gene Therapy Advisory Committee
F60General Social Care Council.
F10General Teaching Council for Scotland
F61Department of Health.
Health and Safety Commission.
Health and Safety Executive.
. . . F62
F63Highlands and Islands Development Board
F11Higher Education Funding Council for England
Historic Buildings and Monuments Commission for England.
F11Historic Royal Palaces
F11Home-Grown Cereals Authority
Home Office.
F11Horniman Museum and Gardens
Horserace Betting Levy Board.
F11Horticultural Development Council
Housing Corporation.
F64Housing for Wales
F65Human Fertilisation and Embryology Authority.
F66The Immigration Services Commissioner
F11Imperial War Museum
Central Office of Information.
F67Information Commissioner.
Inland Revenue.
F68Department for International Developement.
F69 Intervention Board for Agricultural Produce.
F11Investors in People UK
F11Joint Nature Conservation Committee
Land Registry.
F70Legal Aid Board
F71Scottish Legal Aid Board.
F72Legal Services Commission
F73The 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.
F10Local Government Boundary Commission for Scotland
F74Local Government Commission for England.
F11London Regional Passengers’ Committee
F11Lord Chancellor’s Advisory Committee on Legal Education and Conduct
The Lord Chancellor’s Department.
Lord President of the Council’s Office.
. . . F75
. . . F76
F11Marshall Aid Commemoration Commission
F11Meat and Livestock Commission
F77Medical Practices Committee.
F78Scottish Medical Practices Committee.
F11Medical Workforce Standing Advisory Committee
F43F11Merseyside and North Wales Region Electricity Consumers’ Committee
F11Milk Development Council
F11Millennium Commission
F79Monopolies and Mergers Commission
Museums and Galleries Commission.
F11Museum of London
F11Museum of Science and Industry in Manchester
F11National Army Museum
F11National Biological Standards Board (UK)
F80National Care Standards Commission.
F11National Consumer Council
National Debt Office.
F11National Employers’ Liaison Committee
F11National Endowment for Science, Technology and the Arts
F11National Film and Television School
F11National Forest Company
F10National Galleries of Scotland
F11National Gallery
F10National Library of Scotland
F10National Museums of Scotland
F81National Rivers Authority
F82Department of National Heritage.
Trustees of the National Heritage Memorial Fund.
F83Office of the Director General of the National Lottery
F84National Lottery Commission
F11National Lottery Charities Board
Department for National Savings.
F85Scottish Natural Heritage.
F11National Maritime Museum
F11National Museum of Science and Industry
F11National Museums and Galleries on Merseyside
F11National Portrait Gallery
F11National Radiological Protection Board
F11Natural History Museum
Nature Conservancy Council.
F88Nature Conservancy Council for Scotland
F11New Millennium Experience Company Ltd
F11New Opportunities Fund
Commission for the New Towns.
Development corporations for new towns.
F43F12North of Scotland Region Electricity Consumers’ Committee
Northern Ireland Court Service.
F11Northern Ireland Human Rights Commission
Northern Ireland Office.
F89Northern Ireland Policing Board
F14Occupational pensions Board
F90The Occupational Pensions Regulatory Authority
[F91Office of the Commissioner for Protection Against Unlawful Industrial Action]
F11Oil and Pipelines Agency
F11Parliamentary Boundary Commission for England
F12Parliamentary Boundary Commission for Scotland
F11Parliamentary Boundary Commission for Wales
F11Parole Board
F10Parole Board for Scotland
F92The Pensions Compensation Board
Ordnance Survey.
F20Office of Population Censuses and Surveys
F93Consumer Council for Postal Services
F94Police Information Technology Organisation
F96Postal Services Commission
F11Probation Board for Northern Ireland
F97Commissioner for Protection Against Unlawful Industrial Action
Registrar of Public Lending Right.
Public Record Office.
F98 Office of Fair Trading
F11Qualifications Curriculum Authority
F101The International Rail Regulator.
F103The Rail Regulator.
Scottish Record Office.
Commission for Racial Equality.
F104Rail Passengers’ Committees.
F104Rail Passengers’ Council.
F19F11Rail Users’ Consultative Committee for Eastern England
F19F11Rail Users’ Consultative Committee for North Eastern England
F19F11Rail Users’ Consultative Committee for North Western England
F19F11Rail Users’ Consultative Committee for Southern England
F19F11Rail Users’ Consultative Committee for Western England
F11Remploy Ltd
F105Red Deer Commission
F78Department of the Registers of Scotland
F78General Register Office, Scotland
F106Agriculture and Food Research Council
F14Biotechnology and Biological Sciences Research Council
F14Council for the Central Laboratory of Research Councils
Economic and Social Research Council.
F14Engineering and Physical Sciences Research Council
Medical Research Council.
Natural Environment Research Council.
F14Particle Physics and Astronomy Research Council
F107Science and Engineering Research Council
F108The International Rail Regulator
F109Regional development agencies
F110(other than the London Development Agency)
Residuary Bodies.
F11Reviewing Committee on the Export of Works of Art
F111Office of the Commissioner for the Rights of Trade Union Members
F11Royal Air Force Museum
F11Royal Armouries Museum
F10Royal Botanic Garden, Edinburgh
F11Royal Botanic Gardens, Kew
F11 Royal Commission on Historical Manuscripts
F10Royal Commission on the Ancient and Historical Monuments of Scotland
F11Royal Commission on the Historical Monuments of England
F11Royal Marines Museum
Royal Mint.
F11Royal Naval Museum
F11Royal Navy Submarine Museum
F112Office of Her Majesty’s Chief Inspector of Schools in Wales.
F11Scientific Committee on Tobacco and Health
F10Scottish Agricultural Wages Board
F10Scottish Children’s Reporter Administration
F10Scottish Community Education Council
F10Scottish Consultative Council on the Curriculum
F10Scottish Council for Educational Technology
F78Scottish Courts Administration.
F113Scottish Environmental Protection Agency
F10Scottish Further Education Funding Council
F10Scottish Further Education Unit
F10Scottish Higher Education Funding Council
F114Scottish Homes.
Scottish Office.
F10Scottish Qualifications Authority
F10Scottish Screen Ltd
F10Scottish Studentship Selection Committee
F10Scottish Water and Sewerage Customers’ Council
F11Sea Fish Industry Authority
F115Office of the Secretary of State for Scotland
F116The Service Authority for the National Crime Squad.
F116The Service Authority for the National Criminal Intelligence Service.
F11Sir John Soane’s Museum
Council for Small Industries in Rural Areas.
F61Department of Social Security.
Central Council for Education and Training in Social Work.
F43F11South of Scotland Region Electricity Consumers’ Committee
Sports Council.
F117English Sports Council
Scottish Sports Council.
F117United Kingdom Sports Council.
F118Sports Council for Wales.
F119The Staff Commission for Wales (Comisiwn Staff Cymru).
F120Standards Board for England.
F11Standing Dental Advisory Committee
F11Standing Medical Advisory Committee
F11Standing Nursing and Midwifery Advisory Committee
F11Standing Pharmaceutical Advisory Committee
Stationery Office.
F121Strategic Rail Authority.
F122 The Office for National Statistics.
F11Tate Gallery
F11Teacher Training Agency
Office of the Director General of Telecommunications.
F11The Great Britain-China Centre
F11The Simpler Trade Procedures Board
English Tourist Board.
F78Scottish Tourist Board.
F118Wales 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.
. . . F123
F124Traffic Director for London.
F47Department of Transport, Local Government and the Regions
F11Treasure Valuation Committee
Treasury.
Treasury Solicitor.
F11United Kingdom Atomic Energy Authority
F11United Kingdom Register of Organic Food Standards
F11United Kingdom Xenotransplantation Interim Regulatory Authority
F11Unrelated Live Transplant Regulatory Authority
Urban development corporations F125established for urban development areas wholly in England.
F126Urban Regeneration Agency.
F11Victoria and Albert Museum
F127Development Board for Rural Wales
F11Wallace Collection
F11War Pensions Committees
F128Office of the Director General of Water Services.
F129Bwrdd yr Iaith Gymraeg (Welsh Language Board)
Welsh Office.
F11Westminster Foundation for Democracy
F11Wine Standards Board of the Vintners’ Company
F11Women’s National Commission
F11Yorkshire Region Electricity Consumers’ Committee
F130Youth Justice Board
F12Youth Justice Board for England and Wales
NOTES
F131A1
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.
F1381A
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.
F1391B
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 F132. . . does not include the Privy Council Office.
6
The references to the F133Office of Public Service F134. . . and the Treasury do not include the Cabinet Office, but subject to that include the subordinate departments of the F133Office of Public Service F134. . . and of the Treasury and the office of any Minister whose expenses are defrayed out of moneys provided by Parliament for service of the F133Office of Public Service F134. . . 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.
F1358A
In the case of Scottish Homes no investigation shall be conducted under this Act in respect of any of its actions as a landlord.
F1369. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F13711
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 F140, 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 F141other 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 . . . F142.
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.
F1536C
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.
C9C107
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 F6. . . the High Court of Justiciary or the Courts-Martial Appeal Court.
C138
Action taken on behalf of the Minister of Health or the Secretary of State by a F144Health Authority, a Special Health AuthorityF145except the Rampton Hospital Review BoardF146 . . . 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.
C119
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.
C1410
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.
F1522
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.
F712
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.
F164F165X3Schedule 4 Relevant Tribunals for Purposes of Section 5(7)
Sch. 4: this version of this provision contains details of amendments coming into force on or after 8.5.1998 and before 14.3.2005 (repealed text is retained). For previous amendment history, please refer to earlier versions.
Sch. 4 inserted (5.9.1994) by 1994 c. 14, s. 1(3)
Sch. 4 substituted (14.3.2005) by The Parliamentary Commissioner Order 2005 (S.I. 2005/249), art. 3, Sch. 2
Sch. 4: entry inserted (16.12.2003) by The Parliamentary Commissioner Order 2003 (S.I. 2003/2921), art. 4(a)
Sch. 4: entries inserted (23.8.1996) by S.I. 1996/1914, art. 2
Entry in Sch. 4 substituted (19.8.1999) by S.I. 1999/2028, art. 4
Sch. 4: entry inserted (20.6.2003) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 2, Sch. para.1
Sch. 4: entries inserted (23.8.1996) by S.I. 1996/1914, art. 2
Entries in Sch. 4 omitted (1.7.1999) by virtue of S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(6); S.I. 1998/3178, art. 3
30 Vict. c.17.
Entries in Sch. 4 deleted (13.4.2000) by S.I. 2000/739, art. 3
Entry in Sch. 4 substituted (14.5.2001) by 2000 c. 36, s. 18(4), Sch. 2 Pt. I para. 5 (with ss. 7(1)(7), 56, 78); S.I. 2001/1637, art. 2(b)
Entry in Sch. 4 inserted (1.12.2001) by S.I. 2001/3649, art. 275
Sch. 4: entry deleted (16.12.2003) by The Parliamentary Commissioner Order 2003 (S.I. 2003/2921), art. 4(b)
Words in Sch. 4 substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
Words in Sch. 4 in entry relating to “Meat Hygiene Appeals Tribunal”inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(6); S.I. 1998/3178, art. 3
Entry in Sch. 4 deleted (6.9.1999) by S.I. 1999/2028, art. 5
Sch. 4: entry deleted (16.12.2003) by The Parliamentary Commissioner Order 2003 (S.I. 2003/2921), art. 4(b)
6 & 7 Geo 6. c.39.
Words in the definition in Sch. 4 substituted (8.5.1998) by 1997 c. 66, s. 51(3); S. I. 1998/1028, art. 2
1 & 2 Geo 5. c.49.
Sch. 4: entry substituted (16.12.2003) by The Parliamentary Commissioner Order 2003 (S.I. 2003/2921), art. 4(c)
Sch. 4: entry inserted (16.12.2003) by The Parliamentary Commissioner Order 2003 (S.I. 2003/2921), art.4(a)
F166Adjudicators appointed under article 7 (1) (b) of the Criminal Injuries Compensation (Northern Ireland) Order 2002 F167
F168Agricultural Land Tribunals constituted under section 73 of the Agriculture Act 1947 F169.
F168Central Arbitration Committee constituted under section 259 of the Trade Union and Labour Relations (Consolidation) Act 1992 F170.
F171Appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998
F168Commons Commissioners constituted under section 17 of the Commons Registration Act 1965 F172.
F173Competition Appeal Tribunal constituted under section 12 of the Enterprise Act 2002.
F168Copyright Tribunal constituted under section 145 of the Copyright Designs and Patents Act 1988 F174.
F175
F176Court of the Lord Lyon provision for whose powers and constitution was made in the Lyon King of Arms Act 1592F154 and the Lyon King of Arms Act 1867F155.F177Tribunals constituted in Great Britain under regulations made under section 4 of theM7Vaccine Damage Payments Act 1979.F168Dairy Produce Quota Tribunal for England and Wales constituted under regulation 6 of the Dairy Produce Quotas Regulations 1984 F178 and continued in existence under regulation 35 of, and Schedule 6 to, the Dairy Produce Quotas Regulations 1994 F179.
F175
F176Dairy Produce Quota Tribunal for Scotland constituted under regulation 6 of the Dairy Produce Quotas Regulations 1984F156 and continued in existence under regulation 35 of, and Schedule 6 to, the Dairy Produce Quotas Regulations 1994F157.F180Information Tribunal constituted under section 6 of the Data Protection Act 1998.
F177 Social security appeal tribunals constituted under section 41 of theM8Social Security Administration Act 1992.F177Disability appeal tribunals constituted under section 43 of that Act.F168Employment Appeal Tribunal established under section 87 of the Employment Protection Act 1975 F181 and continued in existence under section 135 of, and Schedule 11 to, the Employment Protection (Consolidation) Act 1978 F182.
F183Financial Services and Markets Tribunal constituted under section 132 of the Financial Services and Markets Act 2000.
F175
F184Financial Services Tribunal constituted under section 96 of the Financial Services Act 1986F158.F168Foreign Compensation Commission constituted under section 1 of the Foreign Compensation Act 1950 F185.
F168Horserace Betting Levy Appeal Tribunal for England and Wales constituted under section 29 of the Betting, Gaming and Lotteries Act 1963 F186.
F168The 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 F187.
F168Independent Schools Tribunals for England and Wales constituted under section 72 of, and Schedule 6 to, the Education Act 1944 F188.
F175
F176Independent Schools Tribunals for Scotland constituted under section 100 of, and Schedule 2 to, the Education (Scotland) Act 1980F159.F168F189Employment Tribunals (England and Wales) established under regulation 4 of the F189Employment Tribunals (Constitution and Rules of Procedure) Regulations 1993 F190.
F168F189Employment Tribunals (Scotland) established under regulation 4 of the F189Employment Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 1993 F191.
F168Insolvency Practitioners Tribunal referred to in section 396 of the Insolvency Act 1986 F192.
F175
F176Lands Tribunal for Scotland constituted under section 1 of the Lands Tribunal Act 1949F160.F168Meat 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 F193, regulation 6(2) of, and Schedule 21 to, the Fresh Meat (Hygiene and Inspection) Regulations 1995 F194 and regulation 5(2) of, and Schedule 12 to, the Wild Game Meat (Hygiene and Inspection) Regulations 1995 F195F196other than a Tribunal any of whose members was appointed by the Secretary of State for Scotland or by the Scottish Ministers.
F197 Medical appeal tribunals constituted under section 50 of that Act.F168Misuse of Drugs Advisory Body constituted under section 16(1) of, and Part II of Schedule 3 to, the Misuse of Drugs Act 1971 F198.
F168Misuse of Drugs Professional Panel constituted under section 16(1) of, and Part III of Schedule 3 to, the Misuse of Drugs Act 1971.
F168Misuse of Drugs Tribunal constituted under section 16(1) of, and Part I of Schedule 3 to, the Misuse of Drugs Act 1971.
F175
F199Pensions Appeal Tribunal for Scotland constituted under section 6 of, and the Schedule to, the Pensions Appeal Tribunals Act 1943F161.F168Pensions Ombudsman established under section 145 of the Pension Schemes Act 1993 F200.
F168Persons hearing consumer credit licensing appeals appointed under regulation 19 of the Consumer Credit Licensing (Appeals) Regulations 1976 F201.
F168Persons hearing estate agents’ appeals appointed under regulation 19 of the Estate Agents (Appeals) Regulations 1981 F202.
F168Plant Varieties and Seeds Tribunal F203(referred to in section 42 of the Plant Varieties Act 1997).
F168Reference Committees constituted under section 27 of the Forestry Act 1967 F204.
F168Registered Homes Tribunals constituted under section 40 of the Registered Homes Act 1984 F205.
F168Registered Inspectors of Schools Appeal Tribunals constituted under section 12 of, and Schedule 3 to, the Education (Schools) Act 1992 F206.
F168Rent Assessment Committees constituted under section 65 of, and Schedule 10 to, the Rent Act 1977 F207 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 F208 as amended by section 142 of, and Schedule 22 to, the Housing Act 1980 F209 and section 91 of the Leasehold Reform, Housing and Urban Development Act 1993 F210 and as rent tribunals for the purpose of references pursuant to the provisions in Part V of the Rent Act 1977 F211 as amended by section 72 of the Housing Act 1980 F212.
F175
F176Rent Assessment Committees for Scotland constituted under section 44 of, and Schedule 4 to, the Rent (Scotland) Act 1984F162.F175
F176Scottish Land Court constituted under section 3 of the Small Landholders (Scotland) Act 1911F163.F213Special Educational Needs and Disability Tribunal
F214Traffic Commissioners appointed under section 4 of the Public Passenger Vehicles Act 1981 F215
Tribunals of Appeal constituted under section 109 of the London Building Acts (Amendment) Act 1939.
F168Valuation Tribunals established under regulation 3 of the Valuation and Community Charge Tribunals Regulations 1989 F216 as amended by regulation 5 of the Valuation and Community Charge Tribunals (Amendment) Regulations 1993 F217.
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