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 (6.2.2012) by The Parliamentary Commissioner (No. 2) Order 2011 (S.I. 2011/2986), art. 1(1), Sch.

Modifications etc. (not altering text)

C6 Sch. 2 applied (with modifications) (1.7.2022) by The Health and Care Act 2022 (Commencement No. 2 and Transitional and Saving Provision) Regulations 2022 (S.I. 2022/734), reg. 7 (with regs. 13, 29, 30)

• Administration of Radioactive Substances Advisory Committee.

• [F5 Advanced Research and Invention Agency.]

• F6 ...

• Advisory Committee on Animal Feedingstuffs.

• F6 ...

• F6 ...

• Advisory Committee on Clinical Excellence Awards.

• Advisory Committee on Consumer Engagement.

• F6 ...

• F6 ...

• F7 ...

• F6 ...

• Advisory Committee on Microbiological Safety of Food.

• F6 ...

• Advisory Committee on Novel Foods and Processes.

• F8 ...

• Advisory Committee on Releases to the Environment.

• F6 ...

• Advisory, Conciliation and Arbitration Service.

• Advisory Council on Historical Manuscripts.

• F9 ...

• Advisory Council on the Misuse of Drugs.

• Advisory Council on National Records and Archives.

• Advisory Council on Public Records.

• F6 ...

• Advisory Group on Military Medicines.

• Advisory Panel on Public Sector Information.

• F10 ...

• F11 ...

• F10 ...

• Agriculture and Horticulture Development Board.

• F12 ...

• Animals Procedures Committee.

• Appeal Officer for Community Interest Companies.

• F13 ...

• Arts Council of England.

• Big Lottery Fund.

• F13 ...

• Board of the Pension Protection Fund.

• Board of Trade.

• [F14 Board of Trustees of the Science Museum.]

• Boundary Commission for England.

• Boundary Commission for Northern Ireland.

• Boundary Commission for Scotland.

• Boundary Commission for Wales.

• British Council.

• British Film Institute.

• British Hallmarking Council.

• British Library Board.

• British Museum.

• British Pharmacopoeia Commission.

• British Tourist Authority.

• [F15 British Transport Police Authority.]

• Building Regulations Advisory Committee for England.

• Cabinet Office.

• Capital for Enterprise Limited.

• Care Quality Commission.

• Central Advisory Committee on Pensions and Compensation.

• Central Bureau for Educational Visits and Exchanges.

• F6 ...

• The Certification Officer.

• Charity Commission.

• F16 ...

• F17 ...

• F18 ...

• Children and Family Court Advisory and Support Service.

• Civil Aviation Authority.

• Civil Justice Council.

• Coal Authority.

• F6 ...

• Commission for Equality and Human Rights.

• F10 ...

• Commission on Human Medicines.

• Commissioner for Victims and Witnesses.

• F6 ...

• F6 ...

• The Committee on Climate Change.

• F6 ...

• F6 ...

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

• Committee on Radioactive Waste Management.

• F6 ...

• 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.

• [F19 Community rehabilitation companies.]

• F20 ...

• [F21 Competition and Markets Authority.]

• Competition Service.

• Construction Industry Training Board.

• Consumer Council for Water.

• Council for Science and Technology.

• Crown Estate Office.

• Defence Nuclear Safety Committee.

• Defence Scientific Advisory Council.

• DEFRA Science Advisory Council.

• [F22 Department for Business, Energy and Industrial Strategy]

• F23 ...

• F24 ...

• Department for Culture, Media and Sport.

• Department for Education.

• Department for Environment, Food and Rural Affairs.

• F25 ...

• [F22 Department for International Trade]

• [F26 Department for Levelling Up, Housing and Communities]

• Department for Transport.

• Department for Work and Pensions.

• F23 ...

• Department of Health [F27 and Social Care].

• F6 ...

• [F28 Director of Labour Market Enforcement]

• F29 ...

• Disabled Persons Transport Advisory Committee.

• [F30 Disclosure and Barring Service.]

• F13 ...

• Electoral Commission.

• [F15 Electricity Settlements Company Ltd.]

• Engineering Construction Industry Training Board.

• F13 ...

• English Sports Council.

• English Tourist Board.

• Environment Agency.

• F10 ...

• The Ethics Group: National DNA Database.

• Ethnic Minority Business Forum.

• F6 ...

• Export Credits Guarantee Department.

• F31 ...

• Film Industry Training Board for England and Wales.

• F32 ...

• Food Standards Agency.

• [F33 Foreign, Commonwealth and Development Office.]

• [F34 The Forensic Science Regulator.]

• Forestry Commission.

• Fuel Poverty Advisory Group.

• Gambling Commission.

• [F35 Gangmasters and Labour Abuse Authority].

• Gas and Electricity Markets Authority.

• Geffrye Museum.

• F6 ...

• General Advisory Committee on Science.

• F36 ...

• F6 ...

• Government Actuary’s Department.

• Government Equalities Office.

• The Great Britain-China Centre.

• [F37 Groceries Code Adjudicator.]

• Health and Safety Executive.

• [F38 Health and Social Care Information Centre.]

• [F39 Health Education England]

• F40 ...

• [F41 Health Research Authority.]

• Her Majesty’s Revenue and Customs.

• Her Majesty’s Stationery Office.

• Her Majesty’s Treasury.

• F6 ...

• F42 ...

• High Speed Two (HS2) Ltd.

• Historic Buildings and Monuments Commission for England.

• Historic Royal Palaces.

• Home Office.

• Homes and Communities Agency.

• The Horniman Public Museum and Public Park Trust.

• Horserace Betting Levy Board.

• Human Fertilisation and Embryology Authority.

• F6 ...

• Human Tissue Authority.

• The Immigration Services Commissioner.

• Imperial War Museum.

• F6 ...

• Independent Advisory Panel on Deaths in Custody.

• Independent Agricultural Appeals Panel.

• Independent Commission for Aid Impact.

• Independent Living Fund (2006).

• [F15 Independent Medical Expert Group.]

• [F43 Independent Monitoring Authority for the Citizens' Rights Agreements.]

• Independent Reconfiguration Panel.

• F44 ...

• F6 ...

• F6 ...

• F45 ...

• Independent Scientific Group on Cattle TB.

• Industrial Development Advisory Board.

• Industrial Injuries Advisory Council.

• The Information Commissioner.

• F46 ...

• F6 ...

• F6 ...

• Joint Nature Conservation Committee.

• Land Registry.

• Law Commission.

• The Leasehold Advisory Service.

• F47 ...

• The following general lighthouse authorities—

  (a)

  the Corporation of the Trinity House of Deptford Strond;

  (b)

  the Commissioners of Northern Lighthouses.

• F48 ...

• Local Government Boundary Commission for England.

• [F15 Low Carbon Contracts Company Ltd.]

• Low Pay Commission.

• The Marine Management Organisation.

• Marshall Aid Commemoration Commission.

• F6 ...

• [F13 Medical Research Council.]

• F6 ...

• Ministry of Defence.

• F49 ...

• Ministry of Justice.

• [F50 Money and Pensions Service.]

• F51 ...

• F6 ...

• Museums, Libraries and Archives Council.

• [F52 National Advisory Group on Clinical Audit and Enquiries.]

• The National Archives.

• National Army Museum.

• F53 ...

• F54 ...

• [F55 National Crime Agency.]

• [F56 The National Data Guardian for Health and Social Care.]

• National Employer Advisory Board.

• National Employment Savings Trust Corporation.

• F57 ...

• National Forest Company.

• National Gallery.

• National Heritage Memorial Fund.

• F58 ...

• [F59 National Institute for Health and Care Excellence.]

• F6 ...

• F60 ...

• National Maritime Museum.

• National Museum of the Royal Navy.

• F61 ...

• National Museums and Galleries on Merseyside.

• F62 ...

• National Portrait Gallery.

• Natural England.

• F13 ...

• Natural History Museum.

• [F63 Natural Resources Body for Wales.]

• Northern Ireland Human Rights Commission.

• Northern Ireland Office.

• Nuclear Decommissioning Authority.

• Nuclear Liabilities Financing Assurance Board.

• Nuclear Liabilities Fund.

• Nuclear Research Advisory Council.

• Nutrition Forum.

• Office for Budget Responsibility.

• [F64 The Office for Environmental Protection.]

• [F65 Office for Nuclear Regulation.]

• Office for Standards in Education, Children’s Services and Skills.

• [F66 Office for Students.]

• F67 ...

• Office of the Children’s Commissioner.

• Office of Communications.

• F20 ...

• Office of Public Sector Information.

• Office of Qualifications and Examinations Regulation.

• [F68 Office of Rail and Road].

• Office of the Regulator of Community Interest Companies.

• Office of the Secretary of State for Scotland.

• Official receiver.

• The Official Solicitor to the Supreme Court.

• F69 ...

• F10 ...

• Ordnance Survey.

• Parades Commission for Northern Ireland.

• Parole Board.

• F6 ...

• Passengers’ Council.

• The Pensions Regulator.

• F70 ...

• F71 ...

• Public Record Office.

• [F72 Pubs Code Adjudicator.]

• F73 ...

• F74 ...

• Regional Advisory Committees.

• F75 ...

• [F76 The Registrar of Consultant Lobbyists]

• Registrar General for England and Wales.

• [F77 The Regulator of Social Housing]

• [F78 Regulatory Policy Committee]

• Remploy Ltd.

• F6 ...

• Residuary Bodies.

• Reviewing Committee on the Export of Works of Art and Objects of Cultural Interest.

• Royal Air Force Museum.

• Royal Armouries Museum.

• Royal Botanic Gardens, Kew.

• Royal Commission on Historical Manuscripts.

• Royal Mint.

• Science Advisory Committee on the Medical Implications of Less Lethal Weapons.

• F13 ...

• F6 ...

• Sea Fish Industry Authority.

• Security Industry Authority.

• Sentencing Council for England and Wales.

• F79 ...

• F80 ...

• [F81 Single Source Regulations Office.]

• Sir John Soane’s Museum.

• [F82 Small Business Commissioner.]

• F83 ...

• [F84 Social Mobility and Child Poverty Commission]

• Social Science Research Committee.

• Social Security Advisory Committee.

• Sports Grounds Safety Authority.

• F85 ...

• Statistics Board.

• [F86 A strategic highways company for the time being appointed under Part 1 of the Infrastructure Act 2015.]

• Supreme Court.

• F6 ...

• Tate Gallery.

• F13 ...

• The Theatres Trust.

• F87 ...

• [F88 Trade Remedies Authority.]

• Treasure Valuation Committee.

• The Treasury Solicitor.

• UK Anti-Doping Ltd.

• F6 ...

• UK Commission for Employment and Skills.

• F6 ...

• UK National Authority Advisory Group.

• F6 ...

• United Kingdom Atomic Energy Authority.

• [F89 United Kingdom Research and Innovation.]

• United Kingdom Sports Council.

• F6 ...

• Unlinked Anonymous Surveys Steering Group.

• F6 ...

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

• Valuation Tribunal Service.

• Veterinary Products Committee.

• F90 ...

• Victoria and Albert Museum.

• Wales Office.

• Wallace Collection.

• War pensions committees.

• Water Services Regulation Authority.

• Westminster Foundation for Democracy.

• F6 ...

• F91 ...

• Youth Justice Board for England and Wales.

Textual Amendments

F5 Words in Sch. 2 inserted (25.1.2023) by Advanced Research and Invention Agency Act 2022 (c. 4), s. 13(1), Sch. 3 para. 2; S.I. 2023/58, reg. 2

F6 Sch. 2: entries omitted (1.4.2013) by virtue of The Parliamentary Commissioner Order 2013 (S.I. 2013/238), arts. 1(1), 2(b)

F7 Sch. 2: entry repealed (22.7.2012) by The Advisory Committee on Hazardous Substances (Abolition) Order 2012 (S.I. 2012/1923), art. 1(2), Sch.

F8 Sch. 2: entry repealed (27.3.2015) by The Public Bodies (Abolition of the Advisory Committees on Pesticides) Order 2015 (S.I. 2015/978), art. 1(2), Sch. Pt. 1

F9 Sch. 2: entry omitted (17.3.2015) by virtue of The Public Bodies (Abolition of the Library Advisory Council for England) Order 2015 (S.I. 2015/850), arts. 1(2), 3(2)

F10 Sch. 2: entries omitted (6.4.2015) by virtue of The Parliamentary Commissioner Order 2015 (S.I. 2015/214), arts. 1, 2(3)

F11 Sch. 2: entry repealed (25.6.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 20 para. 2; S.I. 2013/1455, art. 2(c), Sch. 1 (with art. 4(2))

F12 Sch. 2: entry omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 20 para. 1(a) (with Sch. 20 para. 4); S.I. 2012/1319, art. 2(3)

F13 Sch. 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)

F14 Sch. 2: entry inserted (1.4.2013) by The Parliamentary Commissioner Order 2013 (S.I. 2013/238), arts. 1(1), 2(d)

F15 Sch. 2: entries inserted (6.4.2015) by The Parliamentary Commissioner Order 2015 (S.I. 2015/214), arts. 1, 2(2)

F16 Sch. 2: entry omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 32

F17 Sch. 2: entry omitted (1.8.2012) by virtue of The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 109(a)

F18 Sch. 2: entry repealed (8.5.2012) by Welfare Reform Act 2012 (c. 5), s. 150(2)(j), Sch. 13 para. 15(a)

F19 Sch. 2: entry inserted (6.4.2015) by The Parliamentary Commissioner Order 2015 (S.I. 2015/214), arts. 1, 2(4)

F20 Sch. 2: entries omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 26 (with art. 3)

F21 Sch. 2: entry inserted (1.10.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 4 para. 22; S.I. 2013/2227, art. 2(j) (with art. 3)

F22 Sch. 2: entries inserted (9.11.2016) by The Secretaries of State for Business, Energy and Industrial Strategy, for International Trade and for Exiting the European Union and the Transfer of Functions (Education and Skills) Order 2016 (S.I. 2016/992), art. 1(2), Sch. para. 2(b) (with art. 13)

F23 Sch. 2: entries omitted (9.11.2016) by virtue of The Secretaries of State for Business, Energy and Industrial Strategy, for International Trade and for Exiting the European Union and the Transfer of Functions (Education and Skills) Order 2016 (S.I. 2016/992), art. 1(2), Sch. para. 2(a) (with art. 13)

F24 Sch. 2: entry omitted (11.4.2018) by virtue of The Secretaries of State for Health and Social Care and for Housing, Communities and Local Government and Transfer of Functions (Commonhold Land) Order 2018 (S.I. 2018/378), art. 1(2), Sch. para. 2(a) (with art. 14)

F25 Sch. 2: entry omitted (30.9.2020) by virtue of The Transfer of Functions (Secretary of State for Foreign, Commonwealth and Development Affairs) Order 2020 (S.I. 2020/942), art. 1(2), Sch. para. 4(a)

F26 Words in Sch. 2 inserted (8.12.2021) by The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 2(b) (with art. 12)

F27 Sch. 2: words in entry inserted (11.4.2018) by The Secretaries of State for Health and Social Care and for Housing, Communities and Local Government and Transfer of Functions (Commonhold Land) Order 2018 (S.I. 2018/378), art. 1(2), Sch. para. 2(b) (with art. 14)

F28 Sch. 2: entry inserted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 3 para. 2(a); S.I. 2016/603, reg. 3(u)

F29 Sch. 2: entry repealed (7.2.2013) by The Public Bodies (Abolition of the Disability Living Allowance Advisory Board) Order 2013 (S.I. 2013/252), art. 1(2), Sch. Pt. 1

F30 Sch. 2: entry inserted (15.10.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 130 (with s. 97); S.I. 2012/2521, art. 2(e)

F31 Sch. 2: entry omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 2(a); S.I. 2018/241, reg. 2(s)

F32 Sch. 2: entry repealed (18.7.2014) by The Public Bodies (Abolition of Food from Britain) Order 2014 (S.I. 2014/1924), art. 1(3), Sch.

F33 Sch. 2: entry substituted (30.9.2020) by The Transfer of Functions (Secretary of State for Foreign, Commonwealth and Development Affairs) Order 2020 (S.I. 2020/942), art. 1(2), Sch. para. 4(b)

F34 Words in Sch. 2 inserted (25.7.2022) by Forensic Science Regulator Act 2021 (c. 14), s. 13(4), Sch. para. 8 (with s. 12); S.I. 2022/856, regs. 1(2), 2(a)

F35 Sch. 2: entry substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 3 para. 2(b); S.I. 2016/603, reg. 3(u)

F36 Sch. 2: entry omitted (1.8.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 50(b); S.I. 2012/1319, art. 2(4)

F37 Sch. 2: entry inserted (25.6.2013) by Groceries Code Adjudicator Act 2013 (c. 19), ss. 21(1), 25; S.I. 2013/1236, art. 2

F38 Sch. 2: entry inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 19 para. 2; S.I. 2013/160, art. 2(2) (with arts. 7-9)

F39 Sch. 2: entry inserted (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 5 para. 31; S.I. 2014/3186, art. 2(f)

F40 Sch. 2: entry omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 7 para. 1(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F41 Sch. 2: entry inserted (1.1.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 7 para. 23; S.I. 2014/2473, art. 5(m)

F42 Sch. 2: entry omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 2(b); S.I. 2018/241, reg. 2(s)

F43 Sch. 2: entry inserted (19.3.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 2 para. 17 (with Sch. 2 para. 37); S.I. 2020/317, reg. 3(b)(i)

F44 Sch. 2: entry omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 13 para. 3(1)(b); S.I. 2012/1319, art. 2(3)

F45 Sch. 2: entry omitted (1.12.2012) by virtue of The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 14 (with Pt. 4)

F46 Sch. 2: entry repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 74, Sch. 25 Pt. 20; S.I. 2012/628, art. 7

F47 Sch. 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)

F48 Sch. 2: entry repealed (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 17 (with Sch. 2)

F49 Words in Sch. 2 omitted (8.12.2021) by virtue of The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 2(a) (with art. 12)

F50 Sch. 2: entry inserted (6.4.2019) by The Financial Guidance and Claims Act 2018 (Naming and Consequential Amendments) Regulations 2019 (S.I. 2019/383), reg. 1(1), Sch. para. 2(b)

F51 Words in Sch. 2 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 3; S.I. 2022/734, reg. 2(a), Sch. (with regs. 7, 13, 29, 30)

F52 Sch. 2: entry inserted (1.4.2013) by The Parliamentary Commissioner Order 2013 (S.I. 2013/238), arts. 1(1), 2(c)

F53 Sch. 2: entry omitted (1.4.2013) by virtue of The Parliamentary Commissioner Order 2013 (S.I. 2013/238), arts. 1(1), 2(c)

F54 Sch. 2: entry omitted (1.4.2014) by virtue of The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 2 (with Sch. 1 para. 28, 2 paras. 13-15)

F55 Sch. 2: entry inserted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 18(2)(a); S.I. 2013/1682, art. 3(v)

F56 Sch. 2: entry inserted (1.4.2019) by Health and Social Care (National Data Guardian) Act 2018 (c. 31), s. 5(1), Sch. 2 para. 2; S.I. 2019/580, reg. 2

F57 Sch. 2: entry omitted (1.4.2012) by virtue of The Public Bodies (Abolition of the National Endowment for Science, Technology and the Arts) Order 2012 (S.I. 2012/964), arts. 1(2), 3(1), Sch.

F58 Sch. 2: entry omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 20 para. 9(1)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F59 Sch. 2: entry inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 17 para. 2; S.I. 2013/160, art. 2(2) (with arts. 7-9)

F60 Sch. 2: entry omitted (1.10.2013) by virtue of The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013 (S.I. 2013/2329), art. 1(2), Sch. para. 18 (with art. 8, Sch. para. 43)

F61 Sch. 2: entry omitted (1.4.2013) by virtue of The Parliamentary Commissioner Order 2013 (S.I. 2013/238), arts. 1(1), 2(d)

F62 Sch. 2: entry omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 18(2)(b)(i); S.I. 2013/1682, art. 3(v)

F63 Sch. 2: entry inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 80(2) (with Sch. 7)

F64 Words in Sch. 2 inserted (17.11.2021) by Environment Act 2021 (c. 30), s. 147(3), Sch. 1 para. 22 (with s. 144); S.I. 2021/1274, reg. 2(i)

F65 Sch. 2: entry inserted (10.3.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 54; S.I. 2014/251, art. 3(f)(ii)

F66 Sch. 2: entry inserted (1.1.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 1 para. 17; S.I. 2017/788, reg. 2(b)

F67 Sch. 2: entry repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 56, Sch. 25 Pt. 26; S.I. 2012/628, art. 6(i)(j) (with arts. 9, 11, 14, 15, 17)

F68 Sch. 2: entry substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(b)

F69 Sch. 2: entry omitted (2.12.2014) by virtue of The Olympic Delivery Authority (Dissolution) Order 2014 (S.I. 2014/3184), art. 1(2), Sch. para. 9

F70 Sch. 2: entry omitted (6.4.2015) by virtue of The Parliamentary Commissioner Order 2015 (S.I. 2015/214), arts. 1, 2(4)

F71 Sch. 2: entry omitted (1.10.2013) by virtue of The Public Bodies (Abolition of the Registrar of Public Lending Right) Order 2013 (S.I. 2013/2352), art. 1(2), Sch. 1 para. 1 (with art. 8)

F72 Sch. 2: entry inserted (2.5.2016) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 1 para. 23; S.I. 2016/532, reg. 2(a)

F73 Sch. 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

F74 Sch. 2: entry repealed (1.4.2013) by The Public Bodies (Abolition of the Railway Heritage Committee) Order 2013 (S.I. 2013/64), arts. 1(2), 3 (with art. 8)

F75 Sch. 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)

F76 Sch. 2: entry inserted (23.5.2014) by Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4), s. 45(1)(a), Sch. 2 para. 12; S.I. 2014/1236, art. 2(1)(k)

F77 Sch. 2: entry inserted (1.10.2018) by The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 39 (with Pt. 4)

F78 Sch. 2: entry inserted (1.4.2013) by The Parliamentary Commissioner Order 2013 (S.I. 2013/238), arts. 1(1), 2(a)

F79 Sch. 2: entry omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 18(2)(b)(ii); S.I. 2013/1682, art. 3(v)

F80 Sch. 2: entry omitted (6.4.2019) by virtue of The Financial Guidance and Claims Act 2018 (Naming and Consequential Amendments) Regulations 2019 (S.I. 2019/383), reg. 1(1), Sch. para. 2(a)

F81 Sch. 2: entry inserted (14.7.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 4 para. 18; S.I. 2014/1751, art. 3(g)

F82 Sch. 2: entry inserted (6.4.2017) by Enterprise Act 2016 (c. 12), s. 44(5), Sch. 1 para. 18; S.I. 2017/473, reg. 2

F83 Sch. 2: entry repealed (1.8.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 8; S.I. 2012/3090, art. 2(2)(c)

F84 Sch. 2: entry inserted (8.5.2012) by Welfare Reform Act 2012 (c. 5), s. 150(2)(j), Sch. 13 para. 15(b)

F85 Sch. 2: entry repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 1, Sch. 25 Pt. 5; S.I. 2012/628, art. 6(h) (with arts. 9, 11, 14, 15, 17)

F86 Sch. 2: entry inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 69; S.I. 2015/481, reg. 2(a)

F87 Sch. 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

F88 Words in Sch. 2 inserted (1.6.2021) by Trade Act 2021 (c. 10), Sch. 4 para. 36; S.I. 2021/550, reg. 3(c)

F89 Sch. 2: entry inserted (30.3.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 9 para. 19; S.I. 2018/241, reg. 3(d)

F90 Sch. 2: entry repealed (5.11.2013) by The Public Bodies (Abolition of Victims' Advisory Panel) Order 2013 (S.I. 2013/2853), arts. 1(2), 2(2)(a)

F91 Sch. 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

• General

  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.

• Board of the Pension Protection Fund

  In the case of the Board of the Pension Protection Fund, an investigation may be conducted only in respect of action in connection with its functions relating to the financial assistance scheme established by regulations under section 286(1) of the Pensions Act 2004.

• Cabinet Office

  The reference to the Cabinet Office does not include any of the Secretariats (including the intelligence and security functions carried out by the Chairman of the Joint Intelligence Committee and the Prime Minister’s Security Adviser respectively) or the office of the Secretary of the Cabinet. The reference to the Cabinet Office includes the Lord President of the Council’s Office, 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.

  Committee on Climate Change

  In the case of the Committee on Climate Change, no investigation is to be conducted in respect of any action taken by or on behalf of the Committee—

  (a)

  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), or

  (b)

  in connection with functions of the Committee in relation to Wales (within the meaning of the Government of Wales Act 2006).

• Environment Agency

  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; 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 2006).

• Forestry Commission

  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 2006).

• Government Actuary’s Department

  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 26th April 2001 relating to the exercise of functions under—

  (a)

  Part 2 of the Insurance Companies Act 1982, or

  (b)

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

• F92 ...

  F92 ...

• HM Treasury

  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; but it does not include National Savings and Investments.

• Homes and Communities Agency

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

• Corporation of the Trinity House of Deptford Strond

  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.

• Ministry of Defence

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

• Ministry of Justice

  The reference to the Ministry of Justice includes the Public Trustee but does not include the Privy Council Office or the Office of the Judicial Committee of the Privy Council.

• [F93 National Crime Agency]

  In the case of the [F94 National Crime Agency], an investigation may be conducted only in respect of the exercise of functions vested in it by virtue of a notice served on the Commissioners for Her Majesty’s Revenue and Customs under section 317(2), 321(2) or 322(2) of the Proceeds of Crime Act 2002 (Revenue functions).

• Statistics Board

  In the case of the Statistics Board, no investigation is to be conducted in relation to any action taken by or on behalf of the Board in the exercise of any of its functions where the function is being exercised only in relation to Scottish devolved statistics (within the meaning of section 66 of the Statistics and Registration Service Act 2007).

• Supreme Court

  In the case of the Supreme Court an investigation may be conducted only in respect of action taken by administrative staff but not 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.

• Treasury Solicitor

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

• Urban development corporations

  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.]

Textual Amendments

F92 Sch. 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)

F93 Sch. 2: Note title substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 18(3)(a); S.I. 2013/1682, art. 3(v)

F94 Sch. 2: words in Note substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 18(3)(b); S.I. 2013/1682, art. 3(v)

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.

[F95 2 (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

F95 Sch. 3 para. 2 substituted (20.1.2006) by The Parliamentary Commissioner (No. 2) Order 2005 (S.I. 2005/3430), art. 3

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.

[F96 4 U.K. Action taken by the Secretary of State under the Extradition Act 2003.]

Textual Amendments

F96 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)

C7 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)

C8 Sch. 3 para. 5 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(a)

6 U.K. The commencement or conduct of civil or criminal proceedings before any court of law in the United Kingdom, of [F97 service law proceedings (as defined by section 324(5) of the Armed Forces Act 2006) (anywhere)] or the M1 Air Force Act 1955, or of proceedings before any international court or tribunal.

Textual Amendments

F97 Words 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)

C9 Sch. 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

M1 1955 c. 19(7:1).

[F98 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

F98 Sch. 3 para. 6A inserted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 110(2)

[F99 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

F99 Sch. 3 para. 6B inserted (5.9.1994) by 1994 c. 14, ss. 1(2), 3(2)

Modifications etc. (not altering text)

C10 Sch. 3 para. 6B(2) extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(b)

6C U.K. F100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F100 Sch. 3 para. 6C omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 25

7 U.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 F101 . . . the High Court of Justiciary or the [F102 Court Martial Appeal Court].

Textual Amendments

F101 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.

F102 Words 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)

C11 Sch. 3 para. 7 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(a)

C12 Sch. 3 para. 7 continued (28.2.1999) by S.I. 1999/652, art. 3(2)

8 [F103 (1)] Action taken on behalf of F104 ... the Secretary of State by [F105 a local authority, [F106 NHS England], [F107 an integrated care board]] F108 ... F104 [F109 ... F110 ..., [F111 or] a Special Health Authority] F104 .... U.K.

[F112 (2) For the purposes of this paragraph, action taken by [F113 a local authority, [F106 NHS England], [F114 an integrated care board] or] F115 ... F116 ... , Special Health Authority F117 ... in the exercise of functions of the Secretary of State shall be regarded as action taken on his behalf.]

Textual Amendments

F103 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))

F104 Words 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)

F105 Words 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)

F106 Words in Sch. 3 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F107 Words in Sch. 3 para. 8(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1, Sch. 4 para. 5; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F108 Words in Sch. 3 para. 8(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 8(a)(ii); S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. para. 12)

F109 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))

F110 Words in Sch. 3 para. 8(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 8(a)(iii); S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. para. 12)

F111 Word in Sch. 3 para. 8(1) inserted (13.2.2009) by The Parliamentary Commissioner Order 2008 (S.I. 2008/3115), art. 3(2)

F112 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))

F113 Words 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)

F114 Words in Sch. 3 para. 8(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1, Sch. 4 para. 5; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F115 Words in Sch. 3 para. 8(2) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 8(b)(ii); S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. para. 12)

F116 Words in Sch. 3 para. 8(2) omitted (13.2.2009) by virtue of The Parliamentary Commissioner Order 2008 (S.I. 2008/3115), art. 4

F117 Words in Sch. 3 para. 8(2) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 8(b)(iii); S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. para. 12)

Modifications etc. (not altering text)

C13 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)

C14 Sch. 3 para. 9 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(c)

10 [F118 (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 [F119 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.

[F120 (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).]

[F121 (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 M2 Overseas Development and Co-operation Act 1980 [F122 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.]

[F123 (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

F118 Sch. 3 para. 10 renumbered as Sch. 3 para. 10(1) by S.I. 1983/1707, art. 2(a)

F119 Words substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39 SIF 89), s. 1(3)(c)

F120 Sch. 3 para. 10(1A) inserted (1.4.2013) by The Parliamentary Commissioner Order 2013 (S.I. 2013/238), arts. 1(1), 3

F121 Sch. 3 para. 10(2) inserted by S.I. 1983/1707, art. 21(b)

F122 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

F123 Sch. 3 para. 10(3) inserted (10.1.2018) by The Transfer of Functions (International Development) Order 2017 (S.I. 2017/1283), art. 1(2), Sch. para. 1 (with art. 3)

Modifications etc. (not altering text)

C15 Sch. 3 para. 10 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(c)

Marginal Citations

M2 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.

[F124 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

F124 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

X1 [F125 SCHEDULE 4 U.K. RELEVANT TRIBUNALS FOR THE PURPOSES OF SECTION 5(7)

Editorial Information

X1 This 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

F125 Sch. 4 substituted (30.1.2008) by The Parliamentary Commissioner Order 2007 (S.I. 2007/3470), art. 3, Sch. 2

• F126 ...

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

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

• The 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.

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

• F127 ...

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

• F128 ...

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

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

• F129 ...

• F129 ...

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

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

• F130 ...

• F131 ...

• F132 ...

• 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.

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

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

• F133 ...

• F134 ...

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

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

• Rent assessment committees constituted under section 65 of, and Schedule 10 to, the Rent Act 1977 (including when exercising the jurisdiction of residential property tribunals as provided for in section 229 of the Housing Act 2004) 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 and continued as rent tribunals for the purpose of references pursuant to the provisions in Part V of the Rent Act 1977.

• F127 ...

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

• [F135 The Valuation Tribunal for England established under Schedule 11 to the Local Government Finance Act 1988]]

Textual Amendments

F126 Sch. 4: entry omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 19 para. 3(3) (with arts. 28-31)

F127 Sch. 4: entries omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 26(2)

F128 Sch. 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)

F129 Sch. 4: entries omitted (12.3.2010) by virtue of The Parliamentary Commissioner Order 2010 (S.I. 2010/239), arts. 1(1), 3

F130 Sch. 4: entry omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 2 (with Sch. 5)

F131 Sch. 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)

F132 Sch. 4: entry omitted (13.2.2009) by virtue of The Parliamentary Commissioner Order 2008 (S.I. 2008/3115), art. 5

F133 Sch. 4: entry omitted (30.4.2011) by virtue of The Parliamentary Commissioner Order 2011 (S.I. 2011/751), arts. 1(1), 3(a)

F134 Sch. 4: entry omitted (1.9.2009) by virtue of The Transfer of Functions (Estate Agents Appeals and Additional Scheduled Tribunal) Order 2009 (S.I. 2009/1836), art. 5(1), Sch. 1 para. 1

F135 Sch. 4: entry substituted (30.4.2011) by The Parliamentary Commissioner Order 2011 (S.I. 2011/751), arts. 1(1), 3(b)