Parliamentary Commissioner Act 1967

SCHEDULES

Section 2.

[F1 SCHEDULE 1 U.K. Pensions and other benefits

Textual Amendments

F1 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

Modifications etc. (not altering text)

C1 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 U.K.

1 U.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)

C2 Sch. 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 day U.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)

C3 Sch. 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 scheme U.K.

3 U.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 scheme U.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)

C4 Sch. 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 scheme U.K.

5 U.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 scheme U.K.

6 U.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, election U.K.

7 U.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.

Regulations U.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)

C5 Sch. 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 Fund U.K.

9 U.K. Any pension or other benefit granted by virtue of this Schedule shall be charged on, and issued out of, the Consolidated Fund.

Interpretation U.K.

10 U.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)

  [F2 section 1 of the Pension Schemes Act 1993], or

  (b)

  [F3 section 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

F2 Sch. 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

F3 Sch. 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

Section 4

F4 SCHEDULE 2 U.K. DEPARTMENTS Etc. SUBJECT TO INVESTIGATION

Textual Amendments

F4 Sch. 2 substituted (20.1.2006) by The Parliamentary Commissioner (No. 2) Order 2005 (S.I. 2005/3430), art. 2, Sch.

• Adult Learning Inspectorate.

• Administration of Radioactive Substances Advisory Committee.

• Advisory Board on the Registration of Homeopathic Products.

• Advisory Committee on Borderline Substances.

• Advisory Committee on Clinical Excellence Awards.

• Advisory Committee on Dangerous Pathogens.

• Advisory Committee on Novel Foods and Processes.

• Advisory, Conciliation and Arbitration Service.

• Advisory Council on Historical Manuscripts.

• Advisory Council on National Records and Archives.

• Advisory Council on Public Records.

• Advisory Group on Hepatitis.

• Advisory Panel on Beacon Councils.

• Advisory Panel on Standards for the Planning Inspectorate.

• Agricultural Dwelling House Advisory Committees.

• Agricultural Wages Board for England and Wales.

• Agricultural wages committees.

• Alcohol Education and Research Council.

• Arts and Humanities Research Council.

• Arts Council of England.

• The Director of the Assets Recovery Agency.

• Authorised Conveyancing Practitioners Board.

• Biotechnology and Biological Sciences Research Council.

• Board of Trade.

• Boundary Commission for England.

• Boundary Commission for Northern Ireland.

• Boundary Commission for Scotland.

• Boundary Commission for Wales.

• British Association for Central and Eastern Europe.

• British Council.

• British Educational Communications and Technology Agency.

• British Film Institute.

• British Hallmarking Council.

• British Library Board.

• British Museum.

• British Pharmacopoeia Commission.

• British Potato Council.

• British Tourist Authority.

• Building Regulations Advisory Committee.

• Cabinet Office.

• Council for the Central Laboratory of the Research Councils.

• Central Bureau for Educational Visits and Exchanges.

• Central Office of Information.

• Central Police Training and Development Authority.

• The Certification Officer.

• Charity Commission.

• The Chief Inspector of Criminal Justice for Northern Ireland.

• Children and Family Court Advisory and Support Service.

• Civil Aviation Authority.

• Civil Justice Council.

• Coal Authority.

• Commission for Architecture and the Built Environment.

• Commission for Healthcare Audit and Inspection.

• Commission for the New Towns.

• Commission for Patient and Public Involvement in Health.

• Commission for Racial Equality.

• Commission for Social Care Inspection.

• Committee on the Biological Safety of Blood and Tissues for Transplantation.

• Committee on Carcinogenicity of Chemicals in Food, Consumer Products and the Environment.

• Committee on the Medical Aspects of Air Pollutants.

• Committee on Medical Aspects of Radiation in the Environment.

• Committee on Mutagenicity of Chemicals in Food, Consumer Products and the Environment.

• Committee on the Safety of Devices.

• Committee on the Safety of Medicines.

• Committee on Standards in Public Life.

• Committee on Toxicity of Chemicals in Food, Consumer Products and the Environment.

• Commonwealth Scholarship Commission in the United Kingdom.

• Community Development Foundation.

• Competition Commission.

• Construction Industry Training Board.

• Consumer Council for Postal Services.

• Countryside Agency.

• Crown Estate Office.

• Culture East Midlands.

• Culture North East.

• Culture North West.

• Culture South East.

• Culture South West.

• Customs and Excise.

• Dental Vocational Training Authority.

• Department for Constitutional Affairs.

• Department for Culture, Media and Sport.

• Department for Education and Skills.

• Department for Environment, Food and Rural Affairs.

• Department of Health.

• Department for International Development.

• Department of Trade and Industry.

• Department for Transport.

• Department for Work and Pensions.

• Design Council.

• Disability Rights Commission.

• Disabled Persons Transport Advisory Committee.

• Economic and Social Research Council.

• Electoral Commission.

• Engineering Construction Industry Training Board

• Engineering and Physical Sciences Research Council.

• English Nature.

• English Sports Council.

• English Tourist Board.

• Environment Agency.

• Equal Opportunities Commission.

• Expert Advisory Group on AIDS.

• Export Credits Guarantee Department.

• The Director of Fair Access to Higher Education.

• Fleet Air Arm Museum.

• Food from Britain.

• Food Standards Agency.

• Football Licensing Authority.

• Foreign and Commonwealth Office.

• Forestry Commission.

• Gaming Board for Great Britain.

• Gangmasters Licensing Authority.

• Gas and Electricity Consumer Council.

• Gas and Electricity Markets Authority.

• Geffrye Museum.

• Gene Therapy Advisory Committee.

• General Social Care Council.

• Genetics and Insurance Committee.

• Government Actuary's Department.

• The Great Britain-China Centre.

• Health and Safety Commission.

• Health and Safety Executive.

• Health Protection Agency.

• Her Majesty's Stationery Office.

• Her Majesty's Treasury.

• Higher Education Funding Council for England.

• Historic Buildings and Monuments Commission for England.

• Historic Royal Palaces.

• Home-Grown Cereals Authority.

• Home Office.

• Horniman Museum and Gardens.

• Horserace Betting Levy Board.

• Horticultural Development Council.

• Housing Corporation.

• Human Fertilisation and Embryology Authority.

• Human Genetics Commission.

• The Immigration Services Commissioner.

• Imperial War Museum.

• Independent Advisory Group on Sexual Health and HIV.

• Independent Reconfiguration Panel.

• The Independent Regulator of NHS Foundation Trusts.

• Independent Review Body for the Advertising of Medicines.

• Independent Review Panel on the Classification of Borderline Medicines.

• Independent Scientific Group on Cattle TB.

• The Information Commissioner.

• Inland Revenue.

• The International Rail Regulator.

• Investors in People UK.

• Joint Committee on Vaccination and Immunisation.

• Joint Nature Conservation Committee.

• Land Registry.

• Learning and Skills Council for England.

• Legal Services Commission.

• The 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.

• Living East.

• The Lord President of the Council's Office.

• Marshall Aid Commemoration Commission.

• Meat and Livestock Commission.

• Medical Research Council.

• Medical Workforce Standing Advisory Committee.

• Medicines Commission.

• Milk Development Council.

• Millennium Commission.

• Ministry of Defence.

• Museum of London.

• Museum of Science and Industry in Manchester.

• Museums, Archives and Libraries Council.

• National Army Museum.

• National Biological Standards Board (UK).

• National Community Forum.

• National Consumer Council.

• National Employer Advisory Board.

• National Endowment for Science, Technology and the Arts.

• National Forest Company.

• National Gallery.

• National Health Service-wide Clearing Service.

• National Heritage Memorial Fund.

• National Lottery Charities Board.

• National Lottery Commission.

• National Maritime Museum.

• National Museum of Science and Industry.

• National Museums and Galleries on Merseyside.

• National Portrait Gallery.

• National Radiological Protection Board.

• National Specialist Commissioning Advisory Group.

• Natural Environment Research Council.

• Natural History Museum.

• New Opportunities Fund.

• Northern Ireland Court Service.

• Northern Ireland Human Rights Commission.

• Northern Ireland Legal Services Commission.

• Northern Ireland Office.

• Northern Ireland Policing Board.

• Nuclear Decommissioning Authority.

• Nutrition Forum.

• Occupational Pensions Regulatory Authority.

• Office of Her Majesty's Chief Inspector of Schools in England.

• Office of Communications.

• Office of the Deputy Prime Minister.

• Office of the Director General of Water Services.

• Office of Fair Trading.

• Office for National Statistics.

• Office of Rail Regulation.

• Office of the Regulator of Community Interest Companies.

• Office of the Secretary of State for Scotland.

• The Official Solicitor to the Supreme Court.

• Oil and Pipelines Agency.

• Ordnance Survey.

• Parole Board.

• Particle Physics and Astronomy Research Council.

• Patient Information Advisory Group.

• Partnerships for Schools.

• Pensions Compensation Board.

• Police Information Technology Organisation.

• Postal Services Commission.

• Postgraduate Medical Education and Training Board.

• Probation Board for Northern Ireland.

• The Registrar of Public Lending Right.

• Public Record Office.

• Qualifications and Curriculum Authority.

• Rail Passengers' Committees.

• Rail Passengers' Council.

• Regional development agencies (other than the London Development Agency).

• Remploy Ltd.

• Residuary Bodies.

• Reviewing Committee on the Export of Works of Art.

• Royal Air Force Museum.

• Royal Armouries Museum.

• Royal Botanic Gardens, Kew.

• Royal Commission on Historical Manuscripts.

• Royal Marines Museum.

• Royal Mint.

• Royal Naval Museum.

• Royal Navy Submarine Museum.

• Scientific Advisory Committee on Nutrition.

• Sea Fish Industry Authority.

• Sector Skills Development Agency.

• Security Industry Authority.

• Service Authority for the National Crime Squad.

• Service Authority for the National Criminal Intelligence Service.

• SITPRO Ltd.

• Sir John Soane's Museum.

• Specialist Advisory Committee on Antimicrobial Resistance.

• Spongiform Encephalopathy Advisory Committee.

• Standards Board for England.

• Standing Dental Advisory Committee.

• Standing Medical Advisory Committee.

• Standing Nursing and Midwifery Advisory Committee.

• Standing Pharmaceutical Advisory Committee.

• Statistics Commission.

• Strategic Rail Authority.

• Sustainable Development Commission.

• Tate Gallery.

• Teacher Training Agency.

• Treasure Valuation Committee.

• The Treasury Solicitor.

• UK Film Council.

• United Kingdom Advisory Panel for Healthcare Workers Infected with Blood borne Viruses.

• United Kingdom Atomic Energy Authority.

• United Kingdom Sports Council.

• United Kingdom Xenotransplantation Interim Regulatory Authority.

• Unlinked Anonymous Surveys Steering Group.

• Unrelated Live Transplant Regulatory Authority.

• Urban development corporations established for urban development areas wholly in England.

• Urban Regeneration Agency.

• Valuation Tribunal Service.

• Victoria and Albert Museum.

• Wales Office.

• Wallace Collection.

• War pensions committees.

• West Midlands Life.

• Westminster Foundation for Democracy.

• Wider Health Working Group.

• Wine Standards Board.

• Women's National Commission.

• Yorkshire Culture.

• Youth Justice Board for England and Wales.

• Zoos Forum.

NOTES U.K.

General U.K.

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, did so only when it was a department or authority to which this Act applied.

Assets Recovery Agency U.K.

In the case of the Director of the Assets Recovery Agency an investigation 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 F5 (Inland Revenue functions).

Textual Amendments

F5 2002 c. 29.

Cabinet Office U.K.

The 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.

Commission for the New Towns U.K.

In the case of the Commission for the New Towns no investigation is to be conducted in respect of any action in connection with functions in relation to housing.

Department for Constitutional Affairs U.K.

The reference to the Department for Constitutional Affairs includes the Lord Chancellor's Department and the Public Trustee.

Environment Agency U.K.

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 Water Resources Act 1991 F6 ; and no investigation is to 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 F7 ).

Textual Amendments

F6 1991 c. 57; section 221(1) substituted by the Environment Act 1995, s 120(1), Sch 22, para 177(1), (7).

F7 1998 c. 38.

Forestry Commission U.K.

In the case of the Forestry Commission no investigation is to 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).

Government Actuary's Department U.K.

In the case of the Government Actuary's Department an investigation may be conducted 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 F8 , or

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

Textual Amendments

F8 1982 c. 50; repealed by S.I. 2001/3649.

Health Protection Agency U.K.

In the case of the Health Protection Agency F9 no investigation is to be conducted in relation to any action taken by or on behalf of that Agency in the exercise in or as regards Scotland of any function to the extent that the function is exercisable within devolved competence (within the meaning of section 54 of the Scotland Act 1998 F10 ).

Textual Amendments

F9 At the date on which this Order was made, section 1 of the Health Protection Agency Act 2004 which establishes this agency was not in force.

F10 1998 c. 46.

HM Treasury U.K.

The reference to Her Majesty's 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 Her Majesty's Treasury.

Corporation of the Trinity House of Deptford Strond U.K.

In the case of the Corporation of the Trinity House of Deptford Strond an investigation may be conducted only in respect of action in connection with its functions as a general lighthouse authority.

Lord President of the Council's Office U.K.

The reference to the Lord President of the Council's Office does not include the Privy Council Office.

Ministry of Defence U.K.

The reference to the Ministry of Defence includes the Defence Council, the Admiralty Board, the Army Board and the Air Force Board.

Treasury Solicitor U.K.

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

Urban Development Corporation U.K.

In the case of an urban development corporation no investigation is to be conducted in respect of any action in connection with functions in relation to town and country planning.

Urban Regeneration Agency U.K.

In the case of the Urban Regeneration Agency no investigation is to be conducted in respect of any action in connection with functions in relation to town and country planning.

SCHEDULE 3 U.K. Matters not subject to investigation

1 U.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.

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 [F11 other 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 . . . F12 .]

Textual Amendments

F11 Words added by S.I. 1979/915, art. 2

F12 Words repealed by S.I. 1988/1985, art. 2

3 U.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.

[F13 4 U.K. Action taken by the Secretary of State under the Extradition Act 2003.]

Textual Amendments

F13 Sch. 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)

C6 Para. 4 extended by Fugitive Offenders Act 1967 (c. 68, SIF 48), s. 21(4)

5 U.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)

C7 Sch. 3 para. 5 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(a)

6 The commencement or conduct of civil or criminal proceedings before any court of law in the United Kingdom, of proceedings at any place under the M1 Naval Discipline Act 1957, the M2 Army Act 1955 or the M3 Air Force Act 1955, or of proceedings before any international court or tribunal.

Marginal Citations

M1 1957 c. 53(7:1).

M2 1955 c. 18(7:1).

M3 1955 c. 19(7:1).

[F14 6A U.K. Action taken by any person appointed by the Lord Chancellor as a member of the administrative staff of any court or tribunal, so far as that action is taken at the direction, or on the authority (whether express or implied), of any person acting in a judicial capacity or in his capacity as a member of the tribunal.]

Textual Amendments

F14 Sch. 3 para. 6A inserted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 110(2)

[F15 6B (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

F15 Sch. 3 para. 6B inserted (5.9.1994) by 1994 c. 14, ss. 1(2), 3(2)

Modifications etc. (not altering text)

C8 Sch. 3 para. 6B(2) extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(b)

[F16 6C 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.]

Textual Amendments

F16 Sch. 3 para. 6C inserted (8.11.1995) by 1995 c. 53, s. 10(2)(3)

7 Any exercise of the prerogative of mercy or of the power of a Secretary of State to make a reference in respect of any person to F17 . . . the High Court of Justiciary or the Courts-Martial Appeal Court.

Textual Amendments

F17 Sch. 3 para. 7: words repealed (31.3.1997) by 1995 c. 35, s. 29(2), Sch. 3; S.I. 1997/402, arts. 3(f), 4.

Modifications etc. (not altering text)

C9 Sch. 3 para. 7 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(a)

C10 Sch. 3 para. 7 continued (28.2.1999) by S.I. 1999/652, art. 3(2)

8 [F18 (1)] Action taken on behalf of the Minister of Health or the Secretary of State by [F19 a Strategic Health Authority,][F20 a Health Authority, a Primary Care Trust, a Special Health Authority][F21 except the Rampton Hospital Review Board][F22 . . . F23 the Rampton Hospital Board], [F24 the Broadmoor Hospital Board or the Moss Side and Park Lane Hospitals Board,][F25 . . . a Health Board or the Common Services Agency for the Scottish Health Service][F26 by the Dental Practice Board or the Scottish Dental Practice Board], or by the Public Health Laboratory Service Board.

[F27 (2) For the purposes of this paragraph, action taken by a [F28 Strategic 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

F18 Sch. 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))

F19 Words 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))

F20 Words 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))

F21 Words inserted by S.I. 1981/736, art. 2

F22 Words inserted by S.I. 1986/1168, art. 2

F23 Word repealed by S.I. 1987/661, art. 2(a)

F24 Words inserted by S.I. 1987/661, art. 2(b)

F25 Sch. 3 para. 8: words repealed (28.6.1995) by 1995 c. 17, s. 5(1), Sch. 3

F26 Words in Sch. 3 para. 8 inserted (5.2.1994) by 1993 c. 46, ss. 20, 22(4), Sch. 2 para. 2

F27 Sch. 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))

F28 Words 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)

C11 Sch. 3 para. 8 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(a)

9 U.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)

C12 Sch. 3 para. 9 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(c)

10 [F29 (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 [F30 to 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.

[F31 (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 M4 Overseas Development and Co-operation Act 1980 [F32 or 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

F29 Sch. 3 para. 10 renumbered as Sch. 3 para. 10(1) by S.I. 1983/1707, art. 2(a)

F30 Words substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39 SIF 89), s. 1(3)(c)

F31 Sch. 3 para. 10(2) inserted by S.I. 1983/1707, art. 21(b)

F32 Words 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)

C13 Sch. 3 para. 10 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(c)

Marginal Citations

M4 1980 c. 63(88).

11 U.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

[F33 12 (1) Action not otherwise within this Schedule which is taken in the course of administrative functions exercised at the direction, or on the authority (whether express or implied), of a judge of any court established under the law of England and Wales or Northern Ireland. U.K.

(2) In this paragraph “judge” includes—

(a) a person appointed under section 89 of, and Part 2 or 3 of Schedule 2 to, the Supreme Court Act 1981, and

(b) a Master or District Judge appointed under section 70 of, and Schedule 3 to, the Judicature (Northern Ireland) Act 1978.]

Textual Amendments

F33 Sch. 3 para. 12 inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 145, 148, Sch. 17 para. 6(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 28

Section 5(8)

SCHEDULE 4 U.K. RELEVANT TRIBUNALS FOR THE PURPOSES OF SECTION 5(7)

• Adjudicators appointed under article 7(1)(b) of the Criminal Injuries Compensation (Northern Ireland) Order 2002 F34 .

• Agricultural Land Tribunals constituted under section 73 of the Agriculture Act 1947 F35 .

• Appeal tribunals constituted under Chapter 1 of Part 1 of the Social Security Act 1998 F36 .

• The appeal tribunal established for Scotland under section 29 of the Betting, Gaming and Lotteries Act 1963 F37 which is known as the Horserace Betting Levy Appeal Tribunal for Scotland.

• Tribunals of Appeal constituted under section 109 of the London Building Acts (Amendment) Act 1939 F38 .

• Care Standards Tribunal constituted under section 9 of the Protection of Children Act 1999 F39 .

• Central Arbitration Committee constituted under section 259 of the Trade Union and Labour Relations (Consolidation) Act 1992 F40 .

• Commons Commissioners constituted under section 17 of the Commons Registration Act 1965 F41 .

• Competition Appeal Tribunal constituted under section 12 of the Enterprise Act 2002 F42 .

• Copyright Tribunal constituted under section 145 of the Copyright, Designs and Patents Act 1988 F43 .

• Dairy Produce Quota Tribunal for England and Wales constituted under regulation 7 of, and the Schedule to, the Dairy Produce Quotas (General Provisions) Regulations 2002 F44 .

• Dental Vocational Training Authority Appeal body established under regulation 5B National Health Service (General Dental Services) Regulations 1992 F45 .

• Employment Tribunals (England and Wales) and Employment Tribunals (Scotland) established under regulation 5 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 F46 .

• Employment Appeal Tribunal continued in existence under section 20 of the Employment Tribunals Act 1996 F47 .

• Financial Services and Markets Tribunal constituted under section 132 of the Financial Services and Markets Act 2000 F48 .

• Foreign Compensation Commission constituted under section 1 of the Foreign Compensation Act 1950 F49 .

• Horserace Betting Levy Appeal Tribunal for England and Wales constituted under section 29 of the Betting, Gaming and Lotteries Act 1963 F50 .

• Information Tribunal constituted under section 6 of the Data Protection Act 1998 F51 .

• Insolvency Practitioners Tribunal referred to in section 396 of the Insolvency Act 1986 F52 .

• Meat Hygiene Appeals Tribunal constituted under–

  • regulation 6(2) of, and Schedule 15 to, the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 F53 ,

  • regulation 6(2) of, and Schedule 21 to, the Fresh Meat (Hygiene and Inspection) Regulations 1995 F54 , or

  • regulation 5(2) of, and Schedule 12 to, the Wild Game Meat (Hygiene and Inspection) Regulations 1995 F55 .

• Mental Health Review Tribunals constituted under section 65 of, and Schedule 2 to, the Mental Health Act 1983 F56 .

• Misuse of Drugs Advisory Body constituted under section 16(1) of, and Part 2 of Schedule 3 to, the Misuse of Drugs Act 1971 F57 .

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

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

• National Health Service Medicines (Control of Prices and Profits) Appeal Tribunal constituted under regulation 7 of the Health Service Medicines (Price Control Appeals) Regulations 2000 F58 .

• Ombudsman for the Board of the Pension Protection Fund appointed under section 209 of the Pensions Act 2004 F59 .

• Pensions Ombudsman established under section 145 of the Pension Schemes Act 1993 F60 .

• Pensions Regulator Tribunal constituted under section 102 of the Pensions Act 2004 F61 .

• Persons hearing consumer credit licensing appeals appointed under regulation 24 of the Consumer Credit Licensing (Appeals) Regulations 1998 F62 .

• Persons hearing estate agents' appeals appointed under regulation 19 of the Estate Agents (Appeals) Regulations 1981 F63 .

• Plant Varieties and Seeds Tribunal (referred to in section 42 of the Plant Varieties Act 1997 F64 ).

• Reference Committees constituted under section 27 of the Forestry Act 1967 F65 .

• Registered Inspectors of Schools Appeal Tribunals constituted under section 9 of, and Schedule 2 to, the Schools Inspections Act 1996 F66 .

• Rent Assessment Committees constituted under section 65 of, and Schedule 10 to, the Rent Act 1977 F67 and also known as Leasehold Valuation Tribunals for the purpose of determinations pursuant to section 21(1), (2) and (3) F68 of the Leasehold Reform Act 1967 F69 and continued as rent tribunals for the purpose of references pursuant to the provisions in Part V of the Rent Act 1977.

• Special Educational Needs and Disability Tribunal constituted under section 333 of the Education Act 1996 F70 .

• Traffic Commissioners appointed under section 4 of the Public Passenger Vehicles Act 1981 F71 .

• Valuation Tribunals continued in existence under regulation 3 of the Valuation and Community Charge Tribunals Regulations 1989 F72 .

Textual Amendments

F34 SI 2002/796 (NI 1).

F35 1947 c. 48; section 73 (1) amended or substituted by the Agriculture Act 1958, sections 8(1), Sch 1, Part I, para 3. Section 73(3) amended by the Agriculture Act 1958, s8(1), 10(1), Sch 1, Part I, para 3, Sch 3, Part I and substituted by the Agricultural Holdings Act 1986, s 100, Sch 14, para 18. Section 73(4) amended by the Agriculture Act 1958, ss 8(1), 10(1), Sch 1, Part I, para 3, Sch 3, Part I. Section 73(5) amended by the Agriculture Act 1958, ss 8(1), 10(1), Sch 1, Part I, para 3, Sch 3, Part I.

F36 1998 c. 14.

F37 1963 c. 2. Section 29(1) amended by the Horserace Betting Levy Act 1981, s 4(6), Sch, para 2. Section 29(2) amended by the Courts and Legal Services Act 1990, s 71(2), Sch 10, para 16 and by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 48. Section 29(2A) inserted by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 48.

F38 1939 c. 97. Section 109(1)amended by SI 1986/452, art 3, Sch 2, para 3(h), by SI 2001/3500, art 8, Sch 2, Pt I, para 4(b) andby the Courts and Legal Services Act 1990, s 71(2), Sch 10, para 4. Section 109(2) amended by SI 2001/3500, art 8, Sch 2, Pt I, para 4(b).

F39 1999 c. 14. Section 9(2) amended by the Care Standards Act 2000, s 116, Sch 4, para 26(1), (3)(a). Section 9(2) amended by the Criminal Justice and Court Services Act 2000, s 74, Sch 7, Pt II, paras 154, 157(a), the Education Act 2002, s 215(1), Sch 21, para 122(a), s 215(1), Sch 21, para 122(b), s 215(2), Sch 22, Pt 3 and s155, Sch 14, para 6 and the Criminal Justice and Court Services Act 2000, s 74, Sch 7, Pt II, paras 154, 157(d). Section 9(3A)-(3C) inserted by the Care Standards Act 2000, s 116, Sch 4, para 26(1), (3)(b).

F40 1992 c. 52.

F41 1965 c. 64. Section 17(1) amended by the Courts and Legal Services Act 1990, s 71(2), Sch 10, para 26. Section 17(1A) inserted with savings by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 26.

F42 2002 c. 40.

F43 1988 c. 48. Section 145(2) amended by SI 1999/678, art 2(1), Sch. Section 145(3) amended by the Courts and Legal Services Act 1990, s 71(2), Sch 10, para 73.

F44 SI 2002/458.

F45 SI 1992/661; amended by SI 1993/3172, reg 4.

F46 SI 2004/1861.

F47 1996 c. 17.

F48 2000 c. 8.

F49 1950 c. 12. Section 1(2) repealed by the Statute Law (Repeals) Act 1974. Section 1(3) amended by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 25. Section 1(3A) inserted by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 25. Section 1(4) repealed by the House of Commons Disqualification Act 1957, s 14(1), Sch 4, Part I.

F50 1963 c. 2. Section 29(1) amended by the Horserace Betting Levy Act 1981, s 4(6), Schedule, para 2. Section 29(2) amended by the Courts and Legal Services Act 1990, s 71(2), Sch 10, para 16 and by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 48. Section 29(2A) inserted by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 48.

F51 1998 c. 29. Section 6(1) amended by the Freedom of Information Act 2000, s 18(4), Sch 2, Pt I, para 13(1), (2). Section 6(3) amended by the Freedom of Information Act 2000, s 18(4), Sch 2, Pt I, para 13(1), (3). Section 6(4) amended by virtue of SI 1999/678, art 2(1), Schedule and by SI 2003/1887, art 9, Sch 2, para 9(1)(a). Section 6(6) amended by the Freedom of Information Act 2000, s 18(4), Sch 2, Pt II, para 16(a) and by the Freedom of Information Act 2000, s 18(4), Sch 2, Pt II, para 16(b).

F52 1986 c. 45.

F53 SI 1995/540. Schedule 15 para 2, 3 and 4 amended by SI 2000/656, reg 6(4), Sch 4, Pt IV, para 2, and by SSI 2000/62, reg 6(4), Sch 4, Pt IV, para 2.

F54 SI 1995/539. Schedule 21 para 2 amended by SI 2000/656, reg 6(3), Sch 4, Pt III, para 7, and SSI 2000/62, reg 6(3), Sch 4, Pt III, para 7 and by SI 1995/3189, reg 2(29). Schedule 21 para 2, 3 and 4 amended by SI 2000/656, reg 6(3), Sch 4, Pt III, para 2, and SSI 2000/62, reg 6(3), Sch 4, Pt III, para 2(1), (2).

F55 SI 1995/2148. Para 2: Schedule 12 paras 1, 2 and 3 amended by SI 2000/656, reg 6(6), Sch 4, Pt VI, para 2, and SSI 2000/62, reg 6(6), Sch 4, Pt VI, para 2.

F56 1983 c. 20. Section 65(1)–(1C) amended by the Health Authorities Act 1995, s 2(1), Sch 1, para 107(6). Schedule 2 para 2 amended by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 40. Schedule 2 para 2A inserted by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 40.

F57 1971 c. 38. Schedule 3, Part 2 para 13(1A) inserted by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 42(3).

F58 SI 2000/124.

F59 2004 c. 35. At the date on which this Order was made, section 209 of the Pensions Act 2004 was not in force.

F60 1993 c. 48. Section 145(1A)–(1C) inserted by the Pensions Act 2004, s 319(1), Sch 12, paras 9, 23. Section 145(2) amended by the Pensions Act 2004, s 274(1). Section 145(3) amended by the Pensions Act 2004, s 274(2). Section 145(4A)–(4C) inserted by the Pensions Act 1995, s 156. Section 145(5) amended by the Pensions Act 1995, ss 173, 177, Sch 6, para 7, Sch 7, Part IV.

F61 2004 c. 35. At the date on which this Order was made, section 102 of the Pensions Act 2004 was not in force.

F62 SI 1998/1203.

F63 SI 1981/1518.

F64 1997 c. 66.

F65 1967 c. 10. Section 27(1) amended by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (22)(a) and by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (22)(b). Section 27(2) amended by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (22)(b). Section 27(3) amended by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (9) and by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (22)(b). Section 27(4) amended by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (22)(c) and by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (22)(d).

F66 1996 c. 57.

F67 1977 c. 42. Schedule 10 para 2 amended by the Housing Act 1980, s 152, Sch 25, para 56, Sch 26. Schedule 10 para 2A inserted by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 56. Schedule 10 para 5 amended by the Housing Act 1980, s 71(2). Schedule 10 para 6A inserted by the Housing Act 1980, s 71(2). Schedule 10 paras 8, 10 amended by the Housing Act 1996, ss 222, 227, Sch 18, para 22(1)(a), Sch 19, Part XIII. Para 8 amended by Housing Act 1980 s 152, Sch 25, para 56(b) and Sch 26. Schedule 10 para 7A inserted by the Housing Act 1980, s 148 and amended by the Housing Act 1996, ss 222, 227, Sch 18, para 22(1)(a), Sch 19, Part XIII. Schedule 10 para 9 amended by the Housing Act 1996, s 222, Sch 18, para 22(2). Schedule 10 para 10 amended by the Housing Act 1980, s 152, Sch 25, para 56, Sch 26.

F68 Repealed with savings by SI 2003/1986, articles 1(2), 2(c)(iv), Sch 1, Pt 1 and Sch 2, para 13.

F69 1967 c. 88. Section 21(1) amended by the Housing Act 1980, s 142, Sch 22. Section 21(1)(ba) inserted by the Housing Act 1996, ss 115, 116, Sch 11, para 1(2). Section 21(1)(cza) inserted by the Commonhold and Leasehold Reform Act 2002, s 149(2) and section 21(1)(ca) inserted by the Housing Act 1996, ss 115, 116, Sch 11, para 1(2). Section 21(2) amended by the Housing Act 1980, s 142, Sch 22.

F70 1996 c. 56. Section 333(1Z) inserted by the Education Act 2002, s 195, Sch 18, paras 1, 4. Section 333(1) amended by the Special Educational Needs and Disability Act 2001, s 42(1), Sch 8, Pt 1, paras 1, 2.

F71 1981 c. 14.

F72 SI 1989/439.