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—

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

Section 4

[F4SCHEDULE 2U.K.DEPARTMENTS ETC. SUBJECT TO INVESTIGATION

Textual Amendments

Textual Amendments

F5Sch. 2: entries omitted (1.4.2013) by virtue of The Parliamentary Commissioner Order 2013 (S.I. 2013/238), arts. 1(1), 2(b)

F9Sch. 2: entries omitted (6.4.2015) by virtue of The Parliamentary Commissioner Order 2015 (S.I. 2015/214), arts. 1, 2(3)

F12Sch. 2: entries omitted (31.10.2018 except the entries relating to the Medical Research Council and the Science and Technology Facilities Council, 30.3.2020 for the entry relating to the Science and Technology Facilities Council) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 5; S.I. 2018/1054, reg. 2(d)(iii); S.I. 2020/321, reg. 2(d)(iii)

F15Sch. 2: entry omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 32

F41Sch. 2: entry omitted (1.4.2013) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 2; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

F47Sch. 2: entry omitted (1.4.2013) by virtue of The Parliamentary Commissioner Order 2013 (S.I. 2013/238), arts. 1(1), 2(c)

F55Sch. 2: entry omitted (1.4.2013) by virtue of The Parliamentary Commissioner Order 2013 (S.I. 2013/238), arts. 1(1), 2(d)

F63Sch. 2: entry omitted (6.4.2015) by virtue of The Parliamentary Commissioner Order 2015 (S.I. 2015/214), arts. 1, 2(4)

F66Sch. 2: entry omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 2; S.I. 2012/924, art. 2

F68Sch. 2: entry repealed (1.7.2012 at 0.02 a.m.) by Public Bodies Act 2011 (c. 24), s. 38(3), Sch. 6 Note 1; S.I. 2012/1662, art. 2(2)(b)

F80Sch. 2: entry omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 5 para. 2; S.I. 2012/924, art. 2

F83Sch. 2: entry omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 2; S.I. 2012/924, art. 2

NOTES

Textual Amendments

F84Sch. 2: paragraph in Notes relating to Health Protection Agency omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 7 para. 1(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

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.

[F872(1)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 other than,U.K.

(a)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;

(b)action which is taken by an officer within a control zone or a supplementary control zone; or

(c)action which is taken by a British sea-fishery officer.

(2)In this paragraph—

(a)“control zone” has the meaning given collectively by Schedule 1 to the Channel Tunnel (International Arrangements) Order 1993, Schedule 1 to the Channel Tunnel (Miscellaneous Provisions) Order 1994 and regulation 2 of the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003;

(b)“supplementary control zone” has the meaning given by Schedule 1 to the Channel Tunnel (International Arrangements) Order 1993;

(c)“British sea-fishery officer” has the meaning given by section 7 of the Sea Fisheries Act 1968.]

Textual Amendments

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.

[F884U.K.Action taken by the Secretary of State under the Extradition Act 2003.]

Textual Amendments

F88Sch. 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)

C7Sch. 3 para. 5 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(a)

6U.K.The commencement or conduct of civil or criminal proceedings before any court of law in the United Kingdom, of [F89service law proceedings (as defined by section 324(5) of the Armed Forces Act 2006) (anywhere)] or the M1Air Force Act 1955, or of proceedings before any international court or tribunal.

Textual Amendments

F89Words in Sch. 3 para. 6 substituted (28.3.2009 for specified purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 48(a); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C8Sch. 3 para. 6 modified (24.4.2009 for certain purposes and 31.10.2009 otherwise) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 205, Sch. 1 para. 9

Marginal Citations

[F906AU.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

[F916B(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

F91Sch. 3 para. 6B inserted (5.9.1994) by 1994 c. 14, ss. 1(2), 3(2)

Modifications etc. (not altering text)

C9Sch. 3 para. 6B(2) extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(b)

6CU.K.F92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

7U.K.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 F93. . . the High Court of Justiciary or the [F94Court Martial Appeal Court].

Textual Amendments

F93Sch. 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.

F94Words in Sch. 3 para. 7 substituted (28.3.2009 for specified purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 48(b); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C10Sch. 3 para. 7 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(a)

C11Sch. 3 para. 7 continued (28.2.1999) by S.I. 1999/652, art. 3(2)

8[F95(1)] Action taken on behalf of F96... the Secretary of State by [F97a local authority, the National Health Service Commissioning Board, a clinical commissioning group] F98... F96[F99... F100..., [F101or] a Special Health Authority] F96....U.K.

[F102(2)For the purposes of this paragraph, action taken by [F103a local authority, the National Health Service Commissioning Board, a clinical commissioning group or] F104... F105... , Special Health Authority F106... in the exercise of functions of the Secretary of State shall be regarded as action taken on his behalf.]

Textual Amendments

F95Sch. 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))

F96Words in Sch. 3 para. 8(1) omitted (13.2.2009) by virtue of The Parliamentary Commissioner Order 2008 (S.I. 2008/3115), art. 3(1)

F97Words in Sch. 3 para. 8(1) inserted (1.10.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 8(a)(i); S.I. 2012/1831, art. 2(2); S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. para. 12)

F99Words 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))

F101Word in Sch. 3 para. 8(1) inserted (13.2.2009) by The Parliamentary Commissioner Order 2008 (S.I. 2008/3115), art. 3(2)

F102Sch. 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))

F103Words in Sch. 3 para. 8(2) inserted (1.10.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 8(b)(i); S.I. 2012/1831, art. 2(2); S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. para. 12)

F105Words in Sch. 3 para. 8(2) omitted (13.2.2009) by virtue of The Parliamentary Commissioner Order 2008 (S.I. 2008/3115), art. 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[F107(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 [F108to 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.

[F109(1A)Sub-paragraph (1)(a) 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 the provision of any allowance, grant, supplement or benefit under—

(a)the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006 (S.I.2006/606); or

(b)the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (S.I. 2011/517).]

[F110(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 M2Overseas Development and Co-operation Act 1980 [F111or 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.]

[F112(3)Sub-paragraph (1)(c) does not apply to any action (not otherwise excluded from investigation by this Schedule) which is taken by the Treasury in connection with—

(a)the provision of information relating to the terms and conditions of any employment covered by an agreement entered into by the Treasury pursuant to the exercise of the Treasury’s powers under Part 1 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 such an agreement.]

Textual Amendments

F107Sch. 3 para. 10 renumbered as Sch. 3 para. 10(1) by S.I. 1983/1707, art. 2(a)

F108Words substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39 SIF 89), s. 1(3)(c)

F110Sch. 3 para. 10(2) inserted by S.I. 1983/1707, art. 21(b)

F111Words 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.

[F11312(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

Section 5

X1[F114SCHEDULE 4U.K.RELEVANT TRIBUNALS FOR THE PURPOSES OF SECTION 5(7)

Editorial Information

X1This version of Sch 4 contains only those entries in force on 3.11.2008 as they stood at that date and reflects insertions, substitutions and repeals made since that date. For information about entries repealed on or before that date and other amendment history, please refer to earlier versions.

Textual Amendments

Textual Amendments

F117Sch. 4: entry repealed (1.12.2010) by Commons Act 2006 (c. 26), s. 56, Sch. 6 Pt. 1 (with s. 60); S.I. 2010/2356, art. 3(3)

F118Sch. 4: entries omitted (12.3.2010) by virtue of The Parliamentary Commissioner Order 2010 (S.I. 2010/239), arts. 1(1), 3

F120Sch. 4: entry omitted (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 6 para. 22(2); S.I. 2015/1732, art. 2(e)(vi) (with art. 7)

F121Sch. 4: entry omitted (13.2.2009) by virtue of The Parliamentary Commissioner Order 2008 (S.I. 2008/3115), art. 5

F122Sch. 4: entry omitted (30.4.2011) by virtue of The Parliamentary Commissioner Order 2011 (S.I. 2011/751), arts. 1(1), 3(a)