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Parliamentary Commissioner Act 1967

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Changes over time for: Parliamentary Commissioner Act 1967 (Schedules only)

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Version Superseded: 15/11/2004

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Point in time view as at 01/01/2004.

Changes to legislation:

Parliamentary Commissioner Act 1967 is up to date with all changes known to be in force on or before 23 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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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—

    (a)

    [F2section 1 of the Pension Schemes Act 1993], or

    (b)

    [F3section 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;

  • 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

Modifications etc. (not altering text)

  • [F6X2Accounts Commission for Scotland]

  • [F7Adult Learning Inspectorate]

  • [F8[F9Advisory Board on Family Law]]

  • [F9Advisory Committee on Novel Foods and Processes]

  • Advisory, Conciliation and Arbitration Service.

  • [F10Advisory Council on Historical Manuscripts]

  • [F11Advisory Council on National Records and Archives]

  • [F9Advisory Council on Public Records]

  • [F9Agricultural 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]

  • [F14[F9Apple and Pear Research Council]]

  • [F15Arts Council of England]

  • [F16Arts Council of Wales (Cyngor Celfyddydau Cymru)]

  • [F17Arts Council of Great Britain.]

  • [F18Scottish Arts Council]

  • [F19Director of the Assets Recovery Agency.]

  • [F20The Arts and Humanities Research Council.]

  • [F9Authorised Conveyancing Practitioners Board]

  • [F9Boundary Commission for Northern Ireland]

  • [F12Britain-Russia Centre and the British East-West Centre]

  • [F12British Association for Central and Eastern Europe]

  • British Council.

  • [F9British Educational Communications and Technology Agency]

  • [F9British Hallmaking Council]

  • British Library Board.

  • [F9British Museum]

  • [F9British Potato Council]

  • [F9British Tourist Authority]

  • [F21[F9Broadcasting Standards Commission]]

  • [F22Building Societies Commission.]

  • [F12Cabinet Office]

  • Central Police Training and Development Authority

  • [F23F9Central Rail Users’ Consultative Committee]

  • Certification Officer.

  • [F24F25Central Statistical Office of the Chancellor of the Exchequer]

  • Charity Commission.

  • [F24Children and Family Court Advisory and Support Service.]

  • [F9Civil Aviation Authority]

  • [F9Civil Justice Council]

  • [F26F27Office of the Minister for the Civil Service]

  • [F28Civil Service Commission.]

  • [F29[F9Clinical Standards Advisory Group]]

  • [F30Commission for Healthcare Audit and Inspection.]

  • [[F31F32 Commission for Health Improvement]]

  • [F26The Commission for Patient and Public Involvement in Health.]

  • [F33Commission for Social Care Inspection.]

  • [F34[F35Commissioner for Protection Against Unlawful Industrial Action]]

  • [[F36F9 Commissioner for the Rights of Trade Union Members]]

  • [F9Committee for Monitoring Agreements on Tobacco Advertising and Sponsorship]

  • [[F37F9 Committee of Investigation for Great Britain]]

  • [F9Committee on Standards in Public Life]

  • [F38Commonwealth Institute]

  • [F9Commonwealth Scholarship Commission in the United Kingdom]

  • [F9Community Development Foundation]

  • [F12Competition Commission]

  • [[F39F9 Consumer Panel]]

  • [[F40F9 Consumers’ Committee for Great Britain under the Agricultural Marketing Act 1958]]

  • [F41Coal Authority.]

  • Co-operative Development Agency.

  • [F42Countryside Agency]

  • [F43Countryside Commission for Scotland]

  • [F44Countryside Council for Wales.]

  • [F45Crafts Council.]

  • [F46Crofters Commission]

  • Crown Estate Office.

  • [F47Department for Culture, Media, and Sport.]

  • Customs and Excise.

  • [F48[F49Data Protection Commissioner]]

  • [F50Deer Commission for Scotland]

  • Ministry of Defence.

  • [F9Design Council]

  • Development Commission.

  • [F51 Disability Rights Commission]

  • [F52Disabled Persons Transport Advisory Committee]

  • [F53United Kingdom Ecolabelling Board]

  • [F54The Department for Education and Employment.]

  • [[F55F9 Docklands Light Railway]]

  • [F56Education Assets Board.]

  • [F57Department for Education]

  • [F58 Department for Education and Skills]

  • Central Bureau for Educational Visits and Exchanges.

  • [F59Electoral Commission.]

  • [F60F9East Midlands Region Electricity Consumers’ Committee]

  • [F60F9Eastern Region Electricity Consumers’ Committee]

  • [F60[F61Office of the Director General of Electricity Supply.]]

  • [F62Department of Employment]

  • [F63Department of Energy]

  • [F64Department of the Environment]

  • [F65 Department for Environment, Food and Rural Affairs]

  • [F66Department for Transport]

  • [F67Department for Work and Pensions]

  • [F68English National Board for Nursing, Midwifery and Health Visiting]

  • [F69English Nature]

  • [F70[F71The Department of the Environment, Transport and the Regions.]]

  • [F72Environment Agency]

  • [F72Scottish Environment Protection Agency]

  • Equal Opportunities Commission.

  • Export Credits Guarantee Department.

  • [F73Office of the Director General of Fair Trading.]

  • British Film Institute.

  • [F9Fleet Air Arm Museum]

  • [[F74F9 Food Advisory Committee]]

  • [F9Food from Britain]

  • [F75Food Standards Agency]

  • [F9Football Licensing Authority]

  • Foreign and Commonwealth Office.

  • Forestry Commission.

  • [F22[F76Friendly Societies Commission]]

  • [F22Registry of Friendly Societies.]

  • [[F77F9 Further Education Funding Council for England]]

  • [F12Gaming Board for Great Britain]

  • [F78Gangmasters Licensing Authority]

  • [F60[F9Gas Consumers’ Council.]]

  • [F79Gas and Electricity Consumer Council.]

  • [F79Gas and Electricity Markets Authority.]

  • [F60Office of the Director General of Gas Supply.]

  • [F9Geffrye Museum]

  • [F9Gene Therapy Advisory Committee]

  • [F80General Social Care Council.]

  • [F6General Teaching Council for Scotland]

  • [F81Government Actuary’s Department.]

  • [F82Department of Health.]

  • [F83Health Protection Agency.]

  • Health and Safety Commission.

  • Health and Safety Executive.

  • . . . F84

  • [F85Highlands and Islands Development Board]

  • [F9Higher Education Funding Council for England]

  • Historic Buildings and Monuments Commission for England.

  • [F9Historic Royal Palaces]

  • [F9Home-Grown Cereals Authority]

  • Home Office.

  • [F9Horniman Museum and Gardens]

  • [F86Horserace Betting Levy Board.]

  • [F9Horticultural Development Council]

  • Housing Corporation.

  • [F87Housing for Wales]

  • [F88Human Fertilisation and Embryology Authority.]

  • [F89The Immigration Services Commissioner]

  • [F9Imperial War Museum]

  • [F90The Independent Regulator of NHS Foundation Trusts.]

  • Central Office of Information.

  • [F91Information Commissioner.]

  • Inland Revenue.

  • [F92Department for International Developement.]

  • [F93 Intervention Board for Agricultural Produce.]

  • [F9Investors in People UK]

  • [F9Joint Nature Conservation Committee]

  • Land Registry.

  • [F94Learning and Skills Council for England]

  • [F95Legal Aid Board]

  • [F96Scottish Legal Aid Board.]

  • [F97Legal Services Commission]

  • [F98The 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]

  • [F99[F100 Local Government Commission for England.]]

  • [F60[F9London Region Electricity Consumers’ Committee]]

  • [[F101F9 London Regional Passengers’ Committee]]

  • [F9[F102 Lord Chancellor’s Advisory Committee on Legal Education and Conduct]]

  • [F103The Department for Constitutional Affairs]

  • Lord President of the Council’s Office.

  • . . . F104

  • . . . F105

  • [F9Marshall Aid Commemoration Commission]

  • [F9Meat and Livestock Commission]

  • [F106Medical Practices Committee.]

  • [F107Scottish Medical Practices Committee.]

  • [F9Medical Workforce Standing Advisory Committee]

  • [F60[F9Merseyside and North Wales Region Electricity Consumers’ Committee]]

  • [F60[F9Midlands Region Electricity Consumers’ Committee]]

  • [F9Milk Development Council]

  • [F9Millennium Commission]

  • [F108Monopolies and Mergers Commission]

  • [F109Museums and Galleries Commission.]

  • [F9Museum of London]

  • [F9Museum of Science and Industry in Manchester]

  • [F9National Army Museum]

  • [F9National Biological Standards Board (UK)]

  • [F110[F111National Care Standards Commission.]]

  • [F112The National Community Forum]

  • [F9National Consumer Council]

  • National Debt Office.

  • [F9National Employers’ Liaison Committee]

  • [F9National Endowment for Science, Technology and the Arts]

  • [[F113F9 National Film and Television School]]

  • [F9National Forest Company]

  • [F6National Galleries of Scotland]

  • [F9National Gallery]

  • [F6National Library of Scotland]

  • [F6National Museums of Scotland]

  • [F114National Rivers Authority]

  • [F115Department of National Heritage.]

  • Trustees of the National Heritage Memorial Fund.

  • [F116Office of the Director General of the National Lottery]

  • [F117National Lottery Commission]

  • [F9National Lottery Charities Board]

  • [F118Department for National Savings.]

  • [F119Scottish Natural Heritage.]

  • [F9National Maritime Museum]

  • [F9National Museum of Science and Industry]

  • [F9National Museums and Galleries on Merseyside]

  • [F9National Portrait Gallery]

  • [F9National Radiological Protection Board]

  • [F9Natural History Museum]

  • Nature Conservancy Council.

  • [F120[F121Nature Conservancy Council for England.]]

  • [F122Nature Conservancy Council for Scotland]

  • [F9New Millennium Experience Company Ltd]

  • [F9New Opportunities Fund]

  • Commission for the New Towns.

  • [F123Development corporations for new towns.]

  • [F60[F9North Eastern Region Electricity Consumers’ Committee]]

  • [F60[F12North of Scotland Region Electricity Consumers’ Committee]]

  • [F60[F9North Western Region Electricity Consumers’ Committee]]

  • Northern Ireland Court Service.

  • [F9Northern Ireland Human Rights Commission]

  • [F124The Northern Ireland Legal Services Commission]

  • Northern Ireland Office.

  • [F125Northern Ireland Policing Board]

  • [F126Nuclear Decommissioning Authority.]

  • [[F127F15 Occupational Pensions Board]]

  • [F128The Occupational Pensions Regulatory Authority]

  • [F9Oil and Pipelines Agency]

  • [F129The Office of Communications]

  • [[F130F9 Boundary Commission for England]]

  • [F12[F131Boundary Commission for Scotland]]

  • [[F132F9Boundary Commission for Wales]]

  • [F9Parole Board]

  • [F6Parole Board for Scotland]

  • [F133The Pensions Compensation Board]

  • Ordnance Survey.

  • [F25Office of Population Censuses and Surveys]

  • [F134Consumer Council for Postal Services]

  • [F135Police Information Technology Organisation]

  • [F136[F9Post Office Users’ Council for Northern Ireland]]

  • [F136[F9Post Office Users’ Council for Scotland]]

  • [F136[F9Post Office Users’ Council for Wales]]

  • [F136[F9Post Office Users’ National Council]]

  • [F137Postal Services Commission]

  • [F9Probation Board for Northern Ireland]

  • Registrar of Public Lending Right.

  • Public Record Office.

  • [F138 Office of Fair Trading]

  • [F139Office of Public Service][F140and Science] .

  • [[F141F9Qualifications and Curriculum Authority]]

  • [F142The International Rail Regulator.]

  • [F23[F143The Director of Passenger Rail Franchising.]]

  • [F144[F145The Office of Rail Regulation]]

  • Scottish Record Office.

  • Commission for Racial Equality.

  • [F146Rail Passengers’ Committees.]

  • [F146Rail Passengers’ Council.]

  • [F23[F9Rail Users’ Consultative Committee for Eastern England]]

  • [F23[F9Rail Users’ Consultative Committee for North Eastern England]]

  • [F23[F9Rail Users’ Consultative Committee for North Western England]]

  • [F23[F9Rail Users’ Consultative Committee for Scotland]]

  • [F23[F9Rail Users’ Consultative Committee for Southern England]]

  • [F23[F9Rail Users’ Consultative Committee for the Midlands]]

  • [F23[F9Rail Users’ Consultative Committee for Wales]]

  • [F23[F9Rail Users’ Consultative Committee for Western England]]

  • [F9Remploy Ltd]

  • [F147Red Deer Commission]

  • [F107Department of the Registers of Scotland]

  • [F107General Register Office, Scotland]

  • [F148Agriculture and Food Research Council]

  • [F15Biotechnology and Biological Sciences Research Council]

  • [F15Council for the Central Laboratory of Research Councils]

  • Economic and Social Research Council.

  • [F15Engineering and Physical Sciences Research Council]

  • Medical Research Council.

  • Natural Environment Research Council.

  • [F15Particle Physics and Astronomy Research Council]

  • [F149Science and Engineering Research Council]

  • [F150The International Rail Regulator]

  • [F151Regional development agencies]

  • [F152(other than the London Development Agency)]

  • [F153Office of the Regulator of Community Interest Companies.]

  • Residuary Bodies.

  • [F154Resource: The Council for Museums, Archives and Libraries]

  • [F9Reviewing Committee on the Export of Works of Art]

  • [F155Office of the Commissioner for the Rights of Trade Union Members]

  • [F9Royal Air Force Museum]

  • [F9Royal Armouries Museum]

  • [F6Royal Botanic Garden, Edinburgh]

  • [F9Royal Botanic Gardens, Kew]

  • [F9 Royal Commission on Historical Manuscripts]

  • [F6Royal Commission on the Ancient and Historical Monuments of Scotland]

  • [F9Royal Commission on the Historical Monuments of England]

  • [F9Royal Marines Museum]

  • Royal Mint.

  • [F9Royal Naval Museum]

  • [F9Royal Navy Submarine Museum]

  • [F156Office of Her Majesty’s Chief Inspector of Schools in Wales.]

  • [F9Scientific 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]

  • [F107Scottish Courts Administration.]

  • [F157Scottish Environmental Protection Agency]

  • [F6Scottish Further Education Funding Council]

  • [F6Scottish Further Education Unit]

  • [F6Scottish Higher Education Funding Council]

  • [F158Scottish Homes.]

  • Scottish Office.

  • [F6Scottish Qualifications Authority]

  • [F6Scottish Screen Ltd]

  • [F6Scottish Studentship Selection Committee]

  • [F6Scottish Water and Sewerage Customers’ Council]

  • [F9Sea Fish Industry Authority]

  • [F159Office of the Secretary of State for Scotland]

  • [F160Sector Skills Development Agency]

  • [F161Security Industry Authority.]

  • [F162The Service Authority for the National Crime Squad.]

  • [F162The Service Authority for the National Criminal Intelligence Service.]

  • [F9Sir John Soane’s Museum]

  • [F163Council for Small Industries in Rural Areas.]

  • [F82Department of Social Security.]

  • [F164Central Council for Education and Training in Social Work.]

  • [F60[F9South Eastern Region Electricity Consumers’ Committee]]

  • [F60[F9South of Scotland Region Electricity Consumers’ Committee]]

  • [F60[F9South Wales Region Electricity Consumers’ Committee]]

  • [F60[F9South Western Region Electricity Consumers’ Committee]]

  • [F60[F9Southern Region Electricity Consumers’ Committee]]

  • [F165Sports Council.]

  • [F166English Sports Council]

  • Scottish Sports Council.

  • [F166United Kingdom Sports Council.]

  • [F167Sports Council for Wales.]

  • [F168[F169The Staff Commission for Wales (Comisiwn Staff Cymru).]]

  • [F170Standards Board for England.]

  • [F9Standing Dental Advisory Committee]

  • [F9Standing Medical Advisory Committee]

  • [F9Standing Nursing and Midwifery Advisory Committee]

  • [F9Standing Pharmaceutical Advisory Committee]

  • [F171Her Majesty’s Stationery Office]

  • [F172Strategic Rail Authority.]

  • [F173 The Office for National Statistics.]

  • [F9Tate Gallery]

  • [F9Teacher Training Agency]

  • [F174Office of the Director General of Telecommunications.]

  • [F9The Great Britain-China Centre]

  • [[F175F9SITPRO Ltd]]

  • English Tourist Board.

  • [F107Scottish Tourist Board.]

  • [F167Wales Tourist Board]

  • Board of Trade.

  • Department of Trade and Industry.

  • [F176Agricultural Training Board.]

  • [F177Clothing and Allied Products Industry Training Board.]

  • Construction Industry Training Board.

  • [F178Engineering Construction Industry Training Board]

  • [F179Hotel and Catering Industry Training Board.]

  • [F180Plastics Processing Industry Training Board.]

  • [F181Road Transport Industry Training Board.]

  • . . . F182

  • [F183[F184 Traffic Director for London.]]

  • [F64Department of Transport, Local Government and the Regions]

  • [F9Treasure Valuation Committee]

  • Treasury.

  • Treasury Solicitor.

  • [F9United Kingdom Atomic Energy Authority]

  • [F185UK Film Council]

  • [[F186F9 United Kingdom Register of Organic Food Standards]]

  • [F9United Kingdom Xenotransplantation Interim Regulatory Authority]

  • [F9Unrelated Live Transplant Regulatory Authority]

  • Urban development corporations [F187established for urban development areas wholly in England].

  • [F188Urban Regeneration Agency.]

  • [F189Valuation Tribunal Service.]

  • [F9Victoria and Albert Museum]

  • [F190Development Board for Rural Wales]

  • [F9Wallace Collection]

  • [F9War Pensions Committees]

  • [F191Office of the Director General of Water Services.]

  • [F192Bwrdd yr Iaith Gymraeg (Welsh Language Board)]

  • [F193Wales Office]

  • [F9Westminster Foundation for Democracy]

  • [F9Wine Standards Board of the Vintners’ Company]

  • [F9Women’s National Commission]

  • [[F194F9 Yorkshire Region Electricity Consumers’ Committee]]

  • [F195Youth Justice Board]

  • [F12Youth 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 16.12.2003 and before 14.3.2005 (repealed text is retained). For previous amendment history, please refer to earlier versions.

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

F9Entries in Sch. 2 inserted (15.3.1999) by S.I. 1999/277, art. 2

F12Entries in Sch. 2 inserted (19.8.1999) by S.I. 1999/2028, art. 2

F13Entry in Sch. 2 repealed (27.3.2002) by S.I. 2002/794, art. 5(2), Sch. 2 (with art. 6)

F15Sch. 2: entries inserted (31.7.1995) by virtue of S.I. 1995/1615, art. 2

F16Sch. 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

F18Sch. 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

F19Sch. 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)

F22Entries in Sch. 2 repealed (1.12.2001) by S.I. 2001/3649, art. 274

F23Entries 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)

F24Entry 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)

F25Sch. 2: entries repealed (1.4.1996) by S.I. 1996/273, art. 5(1), Sch. 2 para. 15(a)

F26Entry 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

F27Sch. 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)

F32Sch. 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)

F34Entry 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)

F38Sch. 2: entry repealed (7.1.2003) by 2002 c. 39, ss. 1(4), 3, 4(2), Sch. 1 para. 1, Sch. 3

F41Sch. 2: entry inserted (5.7.1994) by 1994 c. 21, s. 1, Sch. 1 Pt. I, para. 10

F42Sch. 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)

F47Sch. 2: entry inserted (22.8.1997) by S.I. 1997/1744, art. 2(2), Sch. para. 2

F48Entry 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)

F49Sch. 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)

F51Entry in Sch. 2 inserted (13.4.2000) by S.I. 2000/739, art. 2

F53Sch. 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

F54Sch. 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)

F57Sch. 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)

F58Entry in Sch. 2 inserted (27.6.2002) by S.I. 2002/1397, art. 12, Sch. Pt. I para. 4(b)

F59Entry 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)

F60Entries 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)

F62Sch. 2: entry repealed (1.1.1996) by S.I. 1995/2986, art. 11, Sch. para. 5(a)

F63Sch. 2: entry repealed (5.7.1992) by S.I. 1992/1314, art. 5

F64Sch. 2: entries repealed (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. para. 2(a)

F65Entry in Sch. 2 inserted (27.3.2002) by S.I. 2002/794, art. 5(1), Sch. 1 para. 14 (with arts. 5(3), 6)

F66Entry in Sch. 2 inserted (13.8.2001) by S.I. 2001/2568, art. 16, Sch. para. 2(b)

F67Entry in Sch. 2 inserted (27.6.2002) by S.I. 2002/1397, art. 12, Sch. Pt. I para. 4(b)

F68Entry 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))

F69Entry in Sch. 2 inserted (30.1.2001) by 2000 c. 37, ss. 73(4), 103(2), Sch. 8 para. 2(c)

F70Entry in Sch. 2 repealed (13.8.2001) by S.I. 2001/2568, art. 16, Sch. para. 2(a)

F71Sch. 2: entry inserted (26.1.1998) by S.I. 1997/2791, art. 6(1), Sch. para. 2(b)

F73Sch. 2: entry repealed (1.4.2003) by 2002 c. 40, s. 278, Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3)

F79Entries 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.

F80Entry 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)

F82Entry 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)

F84Entry repealed by S.I. 1988/1843, art. 5(2)(a)

F87Sch. 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

F89Sch. 2: entry inserted (22.5.2000) by 1999 c. 33, s. 83, Sch. 5 para. 25; S.I. 2000/1282, art. 2, Sch.

F91Entry 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)

F92Sch. 2: entry inserted (22.8.1997) by S.I. 1997/1749, art. 8

F93Entry in Sch. 2 repealed (15.11.2001) by S.I. 2001/3686, reg. 6(2)

F104Entry repealed by S.I. 1987/2039, art. 4(1)(a)

F106Entry 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.

F108Sch. 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

F110Entry 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)

F115Sch. 2: entry inserted (3.7.1992) by S.I. 1992/1311, art. 12(1)(a)

F120Entry 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

F125Entry 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.

F127Sch. 2: entry deleted (16.12.2003) by The Parliamentary Commissioner Order 2003 (S.I. 2003/2921), art. 3(b) and entry also said to be repealed (22.7.2004) by virtue of Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 5 Group 12}

F134Entry 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

F136Entries 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

F137Sch. 2: entry inserted (1.4.2000) by S.I. 1999/2107, reg. 3(4)

F138Entry 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)

F139Sch. 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

F140Sch. 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)

F142Sch. 2: entry inserted (1.1.1993) by S.I. 1992/3060, reg. 7(6), Sch. 2 para. 7

F143Sch. 2: entry inserted (5.11.1993) by 1993 c. 43, s. 1(6), Sch. 1 para. 7(a)

F144Sch. 2: entry inserted (5.11.1993) by 1993 c. 43, s. 1(6), Sch. 1 para. 7(b)

F146Entries 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)

F147Sch. 2: entry repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 3(b), Sch. 2

F148Sch. 2: entry deleted (31.7.1995) by S.I. 1995/1615, art. 2

F149Sch. 2: entry deleted (31.7.1995) by S.I. 1995/1615, art. 2

F150Sch. 2: entry inserted (27.7.1998) by S.I. 1998/1340, reg. 9(6), Sch. 2 para. 7

F151Sch. 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)

F156Sch. 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

F161Entry in Sch. 2 inserted (prosp.) by 2001 c. 12, ss. 1, 26(2), Sch. 1 para. 19

F162Entries 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)

F166Sch. 2: entries inserted (18.11.1996) by S.I. 1996/2601, art. 2

F167Sch. 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

F168Sch. 2: entry inserted (5.7.1994) by 1994 c. 19, s. 40(4), Sch. 14, para. 11

F170Entry 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

F172Entry in Sch. 2 inserted (15.1.2001) by 2000 c. 38, s. 204, Sch. 14 para. 27; S.I. 2000/3376, art. 2

F173Sch. 2: entry inserted (1.4.1996) by S.I. 1996/273, art. 5(1), Sch. 2 para. 15(b)

F187Sch. 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

F192Sch. 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

F195Sch. 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.

[F196A1In 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

F196Sch. 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)

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.

[F1971AThe 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 [F198; and no investigation under this Act shall be conducted in respect of any action in connection with functions of the Environment Agency in relation to Wales (within the meaning of the Government of Wales Act 1998).].]

Textual Amendments

F197Sch. 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

F198Sch. 2 Note 1A: words inserted (1.7.1999) by 1998 c. 38, ss. 125, 158(1), Sch. 12 para. 9(b) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

Marginal Citations

[F1991B 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

F199Sch. 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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F2002

Textual Amendments

F200Sch. 2 Note 2 repealed (1.12.2001) by S.I. 2001/3649, arts. 1(1), 274

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.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

4F201. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

5The reference to the Lord President of the Council’s Office F202. . . does not include the Privy Council Office.

Textual Amendments

F202Words in Sch. 2 Note 5 omitted (3.7.1992) by virtue of S.I. 1992/1311, art. 12(1)(b)

[F2036The reference to the Cabinet Office does not include any of the Secretariats, the Joint Intelligence Organisation or the office of the Secretary of the Cabinet and Head of the Home Civil Service, but includes the executive agencies of the Cabinet Office and the office of any Minister whose expenses are defrayed out of moneys provided by Parliament for the service of the Cabinet Office, and the reference to the Treasury includes its subordinate departments and the office of any Minister whose expenses are defrayed out of moneys provided by Parliament for the service of the Treasury.]

Textual Amendments

F203Sch. 2 Note 6 substituted (19.8.1999) by S.I. 1999/2028, art. 3

7In the case of the Commission for the New Towns [F204or a development corporation for a new town], no investigation shall be conducted under this Act in respect of any action in connection with functions in relation to housing.

Textual Amendments

F204Sch. 2 Note 7: Words substituted (1.10.1998) by 1998 c. 38, s. 129, Sch. 15 para. 2 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4

8The reference to the Treasury Solicitor does not include a reference to Her Majesty’s Procurator General.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

8AF205. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F2069

Textual Amendments

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.

[F20711In 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

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 F208, or

(b)any other enactment relating to the regulation of insurance companies within the meaning of that Act.

Textual Amendments

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 [F209other 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 . . . F210.]

Textual Amendments

F209Words added by S.I. 1979/915, art. 2

F210Words 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.

[F2114U.K.Action taken by the Secretary of State under the Extradition Act 2003.]

Textual Amendments

F211Sch. 3 para. 4 substituted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 219, 221, Sch. 3 para. 2; S.I. 2003/3103, art. 2 (subject to savings in Order)

Modifications etc. (not altering text)

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 M2Naval Discipline Act 1957, the M3Army Act 1955 or the M4Air Force Act 1955, or of proceedings before any international court or tribunal.

Marginal Citations

[F2126AU.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.]

[F2136B(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

F213Sch. 3 para. 6B inserted (5.9.1994) by 1994 c. 14, ss. 1(2), 3(2)

Modifications etc. (not altering text)

[F2146CAction 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

F214Sch. 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 F215. . . the High Court of Justiciary or the Courts-Martial Appeal Court.

Textual Amendments

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)

8[F216(1)] Action taken on behalf of the Minister of Health or the Secretary of State by [F217a Strategic Health Authority,][F218a Health Authority, a Primary Care Trust, a Special Health Authority][F219except the Rampton Hospital Review Board][F220 . . . F221 the Rampton Hospital Board], [F222the Broadmoor Hospital Board or the Moss Side and Park Lane Hospitals Board,][F223. . . a Health Board or the Common Services Agency for the Scottish Health Service][F224by the Dental Practice Board or the Scottish Dental Practice Board], or by the Public Health Laboratory Service Board.

[F225(2)For the purposes of this paragraph, action taken by a [F226Strategic Health Authority,] Health Authority, Special Health Authority or Primary Care Trust in the exercise of functions of the Secretary of State shall be regarded as action taken on his behalf.]

Textual Amendments

F216Sch. 3 para. 8 renumbered (8.2.2000) as Sch. 3 para. 8(1) by S.I. 2000/90, art. 3(1), Sch. 1 para. 5 (with art. 2(5))

F217Words in Sch. 3 para. 8(1) inserted (1.10.2002) by S.I. 2002/2469, reg. 4, Sch. 1 Pt. 1 para. 3(a) (with reg. 2(4))

F218Words in Sch. 3 para. 8 substituted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 5(a) (with art. 2(5))

F219Words inserted by S.I. 1981/736, art. 2

F220Words inserted by S.I. 1986/1168, art. 2

F221Word repealed by S.I. 1987/661, art. 2(a)

F222Words inserted by S.I. 1987/661, art. 2(b)

F223Sch. 3 para. 8: words repealed (28.6.1995) by 1995 c. 17, s. 5(1), Sch. 3

F224Words in Sch. 3 para. 8 inserted (5.2.1994) by 1993 c. 46, ss. 20, 22(4), Sch. 2 para. 2

F225Sch. 3 para. 8(2) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 5(b) (with art. 2(5))

F226Words in Sch. 3 para. 8(2) inserted (1.10.2002) by S.I. 2002/2469, reg. 4, Sch. 1 Pt. 1 para. 3(b) (with reg. 2(4))

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[F227(1)]Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters, in relation to—U.K.

(a)service in any of the armed forces of the Crown, including reserve and auxiliary and cadet forces;

(b)service in any office or employment under the Crown or under any authority [F228to 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.

[F229(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 M5Overseas Development and Co-operation Act 1980 [F230or pursuant to the exercise of his powers under Part I of the International Development Act 2002] or

(b)the provision of any allowance, grant or supplement or any benefit (other than those relating to superannuation) arising from the designation of any person in accordance with such an agreement.]

Textual Amendments

F227Sch. 3 para. 10 renumbered as Sch. 3 para. 10(1) by S.I. 1983/1707, art. 2(a)

F228Words substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39 SIF 89), s. 1(3)(c)

F229Sch. 3 para. 10(2) inserted by S.I. 1983/1707, art. 21(b)

F230Words in Sch. 3 para. 10(2)(a) inserted (17.6.2002) by 2002 c. 1, s. 19, Sch. 3 para. 2; S.I. 2002/1408, art. 2

Modifications etc. (not altering text)

C14Sch. 3 para. 10 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(c)

Marginal Citations

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

[F23112(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.]

[F232F233X3Schedule 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 8.5.1998 and before 14.3.2005 (repealed text is retained). For previous amendment history, please refer to earlier versions.

Textual Amendments

F232Sch. 4 inserted (5.9.1994) by 1994 c. 14, s. 1(3)

  • [F234Adjudicators appointed under article 7 (1) (b) of the Criminal Injuries Compensation (Northern Ireland) Order 2002 F235]

  • [F236Agricultural Land Tribunals constituted under section 73 of the Agriculture Act 1947 F237.]

  • [F236Central Arbitration Committee constituted under section 259 of the Trade Union and Labour Relations (Consolidation) Act 1992 F238.]

  • [F239Appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998]

  • [F236Commons Commissioners constituted under section 17 of the Commons Registration Act 1965 F240.]

  • [F241Competition Appeal Tribunal constituted under section 12 of the Enterprise Act 2002.]

  • [F236Copyright Tribunal constituted under section 145 of the Copyright Designs and Patents Act 1988 F242.]

  • [F243[F244Court of the Lord Lyon provision for whose powers and constitution was made in the Lyon King of Arms Act 1592 F245 and the Lyon King of Arms Act 1867 F246.]]

  • [F247Tribunals constituted in Great Britain under regulations made under section 4 of the M6Vaccine Damage Payments Act 1979.]

  • [F236Dairy Produce Quota Tribunal for England and Wales constituted under regulation 6 of the Dairy Produce Quotas Regulations 1984 F248 and continued in existence under regulation 35 of, and Schedule 6 to, the Dairy Produce Quotas Regulations 1994 F249.]

  • [F243[F244Dairy Produce Quota Tribunal for Scotland constituted under regulation 6 of the Dairy Produce Quotas Regulations 1984 F250 and continued in existence under regulation 35 of, and Schedule 6 to, the Dairy Produce Quotas Regulations 1994 F251.]]

  • [F252Information Tribunal constituted under section 6 of the Data Protection Act 1998].

  • [F247 Social security appeal tribunals constituted under section 41 of the M7Social Security Administration Act 1992.]

  • [F247Disability appeal tribunals constituted under section 43 of that Act.]

  • [F236Employment Appeal Tribunal established under section 87 of the Employment Protection Act 1975 F253 and continued in existence under section 135 of, and Schedule 11 to, the Employment Protection (Consolidation) Act 1978 F254.]

  • [F255Financial Services and Markets Tribunal constituted under section 132 of the Financial Services and Markets Act 2000.]

  • [F243[F256Financial Services Tribunal constituted under section 96 of the Financial Services Act 1986 F257.]]

  • [F236Foreign Compensation Commission constituted under section 1 of the Foreign Compensation Act 1950 F258.]

  • [F236Horserace Betting Levy Appeal Tribunal for England and Wales constituted under section 29 of the Betting, Gaming and Lotteries Act 1963 F259.]

  • [F236The 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 F260.]

  • [F236Independent Schools Tribunals for England and Wales constituted under section 72 of, and Schedule 6 to, the Education Act 1944 F261.]

  • [F243[F244Independent Schools Tribunals for Scotland constituted under section 100 of, and Schedule 2 to, the Education (Scotland) Act 1980 F262.]]

  • [F236[F263Employment Tribunals] (England and Wales) established under regulation 4 of the [F263Employment Tribunals] (Constitution and Rules of Procedure) Regulations 1993 F264.]

  • [F236[F263Employment Tribunals] (Scotland) established under regulation 4 of the [F263Employment Tribunals] (Constitution and Rules of Procedure) (Scotland) Regulations 1993 F265.]

  • [F236Insolvency Practitioners Tribunal referred to in section 396 of the Insolvency Act 1986 F266.]

  • [F243[F244Lands Tribunal for Scotland constituted under section 1 of the Lands Tribunal Act 1949 F267.]]]

  • [F236Meat 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 F268, regulation 6(2) of, and Schedule 21 to, the Fresh Meat (Hygiene and Inspection) Regulations 1995 F269 and regulation 5(2) of, and Schedule 12 to, the Wild Game Meat (Hygiene and Inspection) Regulations 1995 F270[F271other than a Tribunal any of whose members was appointed by the Secretary of State for Scotland or by the Scottish Ministers].]

  • [F272 Medical appeal tribunals constituted under section 50 of that Act.]

  • [F236Misuse of Drugs Advisory Body constituted under section 16(1) of, and Part II of Schedule 3 to, the Misuse of Drugs Act 1971 F273.]

  • [F236Misuse of Drugs Professional Panel constituted under section 16(1) of, and Part III of Schedule 3 to, the Misuse of Drugs Act 1971.]

  • [F236Misuse of Drugs Tribunal constituted under section 16(1) of, and Part I of Schedule 3 to, the Misuse of Drugs Act 1971.]

  • [F243[F274Pensions Appeal Tribunal for Scotland constituted under section 6 of, and the Schedule to, the Pensions Appeal Tribunals Act 1943 F275.]]

  • [F236Pensions Ombudsman established under section 145 of the Pension Schemes Act 1993 F276.]

  • [F236Persons hearing consumer credit licensing appeals appointed under regulation 19 of the Consumer Credit Licensing (Appeals) Regulations 1976 F277.]

  • [F236Persons hearing estate agents’ appeals appointed under regulation 19 of the Estate Agents (Appeals) Regulations 1981 F278.]

  • [F236Plant Varieties and Seeds Tribunal [F279(referred to in section 42 of the Plant Varieties Act 1997)].]

  • [F236Reference Committees constituted under section 27 of the Forestry Act 1967 F280.]

  • [F236Registered Homes Tribunals constituted under section 40 of the Registered Homes Act 1984 F281.]

  • [F236Registered Inspectors of Schools Appeal Tribunals constituted under section 12 of, and Schedule 3 to, the Education (Schools) Act 1992 F282.]

  • [F236Rent Assessment Committees constituted under section 65 of, and Schedule 10 to, the Rent Act 1977 F283 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 F284 as amended by section 142 of, and Schedule 22 to, the Housing Act 1980 F285 and section 91 of the Leasehold Reform, Housing and Urban Development Act 1993 F286 and as rent tribunals for the purpose of references pursuant to the provisions in Part V of the Rent Act 1977 F287 as amended by section 72 of the Housing Act 1980 F288.]

  • [F243[F244Rent Assessment Committees for Scotland constituted under section 44 of, and Schedule 4 to, the Rent (Scotland) Act 1984 F289.]]

  • [F243[F244Scottish Land Court constituted under section 3 of the Small Landholders (Scotland) Act 1911 F290.]]

  • [F291Special Educational Needs and Disability Tribunal]

  • [F292Traffic Commissioners appointed under section 4 of the Public Passenger Vehicles Act 1981 F293]

  • Tribunals of Appeal constituted under section 109 of the London Building Acts (Amendment) Act 1939.

  • [F236Valuation Tribunals established under regulation 3 of the Valuation and Community Charge Tribunals Regulations 1989 F294 as amended by regulation 5 of the Valuation and Community Charge Tribunals (Amendment) Regulations 1993 F295.]

Textual Amendments

F236Sch. 4: entries inserted (23.8.1996) by S.I. 1996/1914, art. 2

F239Entry in Sch. 4 substituted (19.8.1999) by S.I. 1999/2028, art. 4

F243Sch. 4: entries inserted (23.8.1996) by S.I. 1996/1914, art. 2

F244Entries 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

F24630 Vict. c.17.

F247Entries in Sch. 4 deleted (13.4.2000) by S.I. 2000/739, art. 3

F252Entry 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)

F255Entry in Sch. 4 inserted (1.12.2001) by S.I. 2001/3649, art. 275

F263Words 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

F271Words 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

F272Entry in Sch. 4 deleted (6.9.1999) by S.I. 1999/2028, art. 5

F2756 & 7 Geo 6. c.39.

F279Words in the definition in Sch. 4 substituted (8.5.1998) by 1997 c. 66, s. 51(3); S. I. 1998/1028, art. 2

F2901 & 2 Geo 5. c.49.

Marginal Citations

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