SCHEDULES
Section 43.
SCHEDULE 1U.K. The Commission for Racial Equality
Modifications etc. (not altering text)
Incorporation and statusE+W+S
1—On the appointment by the Secretary of State of the first Commissioners, the Commission shall come into existence as a body corporate.
2(1)The commission is not an emanation of the Crown, and shall not act or be treated as the servant or agent of the Crown.
(2)Accordingly—
(a)neither the Commission nor a Commissioner or member of its staff as such is entitled to any status, immunity, privilege or exemption enjoyed by the Crown;
(b)the Commissioners and members of the staff of the Commission as such are not civil servants; and
(c)the Commission’s property is not property of, or held on behalf of, the Crown.
Tenure of office of CommissionersE+W+S
3(1)A Commissioner shall hold and vacate his office in accordance with the terms of his appointment.
(2)A person shall not be appointed a Commissioner for more than five years.
(3)With the consent of the Commissioner concerned, the Secretary of State may alter the terms of an appointment so as to make a full-time Commissioner into a part-time Commissioner or vice versa, or for any other purpose.
(4)A Commissioner may resign by notice to the Secretary of State.
(5)The Secretary of State may terminate the appointment of a Commissioner if satisfied that—
(a)without the consent of the Commission, he failed to attend the meetings of the Commission during a continuous period of six months beginning not earlier than nine months before the termination; or
(b)he is an undischarged bankrupt, or has made an arrangement with his creditors, or is insolvent within the meaning of paragraph 9(2) of Schedule 3 to the Conveyancing and Feudal Reform (Scotland) Act 1970; or
(c)he is by reason of physical or mental illness, or for any other reason, incapable of carrying out his duties.
(6)Past service as a Commissioner is no bar to re-appointment.
Tenure of office of chairman and deputy chairmenE+W+S
4(1)The chairman and each deputy chairman shall hold and vacate his office in accordance with the terms of his appointment, and may resign by notice to the Secretary of State.
(2)The office of the chairman or a deputy chairman is vacated if he ceases to be a Commissioner.
(3)Past service as chairman or a deputy chairman is no bar to re-appointment.
Remuneration of CommissionersE+W+S
5The Secretary of State may pay, or make such payments towards the provision of, such remuneration, pensions, allowances or gratuities to or in respect of the Commissioners or any of them as, with the consent of the Minister for the Civil Service, he may determine.
6Where a person ceases to be a Commissioner otherwise than on the expiry of his term of office, and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may, with the consent of the Minister for the Civil Service, direct the Commission to make to that person a payment of such amount as, with the consent of that Minister, the Secretary of State may determine.
Additional CommissionersE+W+S
7(1)Paragraphs 2(2), 3(1) and (6), and 6 shall apply to additional Commissioners appointed under section 48(2) as they apply to Commissioners.
(2)The Commission may pay, or make such payments towards the provision of, such remuneration, pensions, allowances or gratuities to or in respect of an additional Commissioner as the Secretary of State, with the consent of the Minister for the Civil Service, may determine.
(3)With the approval of the Secretary of State and the consent of the additional Commissioner concerned, the Commission may alter the terms of an appointment of an additional Commissioner so as to make a full-time additional Commissioner into a part-time additional Commissioner or vice versa, or for any other purpose.
(4)An additional Commissioner may resign by notice to the Commission.
(5)The Secretary of State, or the Commission acting with the approval of the Secretary of State, may terminate the appointment of an additional Commissioner if satisfied that—
(a)without reasonable excuse he failed to carry out the duties for which he was appointed during a continuous period of three months beginning not earlier than six months before the termination; or
(b)he is a person such as is mentioned in paragraph 3(5)(b); or
(c)he is by reason of physical or mental illness, or for any other reason, incapable of carrying out his duties.
(6)The appointment of an additional Commissioner shall terminate at the conclusion of the investigation for which he was appointed, if not sooner.
StaffE+W+S
8The Commission may, after consultation with the Secretary of State, appoint such officers and servants as they think fit, subject to the approval of the Minister for the Civil Service as to numbers and as to remuneration and other terms and conditions of service.
9(1)Employment with the Commission shall be included among the kinds of employment to which a superannuation scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) the words “Commission for Racial Equality” shall be inserted after the words “Commission on Industrial Relations".
(2)Where a person who is employed by the Commission and is by reference to that employment a participant in a scheme under section 1 of the Superannuation Act 1972 becomes a Commissioner or an additional Commissioner, the Minister for the Civil Service may determine that his service as a Commissioner or additional Commissioner shall be treated for the purposes of the scheme as service as an employee of the Commission.
10(1)In this paragraph—
“the new Commission” means the Commission for Racial Equality;
“present Commission employee” means a person who immediately before the repeal date is employed by the Community Relations Commission;
“private pension scheme” means a scheme for the payment of pensions, allowances or gratuities other than one made under section 1 of the Superannuation Act 1972;
“the repeal date” means the date on which the repeal of the Race Relations Act 1968 by this Act takes effect.
(2)If a present Commission employee enters the employment of the new Commission on the repeal date and on so doing elects to be covered for his service in that employment by a private pension scheme in which he was a participant in respect of his service in the employment of the Community Relations Commission, the new Commission may make such payments towards the provison of benefits to or in respect of him under that scheme (or any other private pension scheme replacing it) as may be determined by the new Commission with the consent of the Secretary of State given with the approval of the Minister for the Civil Service; and it shall be the duty of the new Commission and those Ministers in the exercise of their functions under this sub-paragraph to ensure that his rights under the scheme do not become less advantageous than they were when he entered the employment of the new Commission.
(3)Where a person who is employed by the new Commission and is in respect of that employment a participant in a private pension scheme becomes a Commissioner or an additional Commissioner, his service as a Commissioner or additional Commissioner may be treated for the purposes of the scheme as service as an employee of the new Commission.
11The Employers' Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the Commission.
Advisory committeesE+W+S
12The Commission may, with the approval of the Secretary of State, appoint advisory committees for the purpose of such of their functions as they think fit.
Proceedings and businessE+W+S
13(1)Subject to the provisions of this Act—
(a)the Commission shall discharge their functions in accordance with arrangements made by the Commission and approved by the Secretary of State; and
(b)arrangements so made and approved may provide for the discharge under the general direction of the Commission of any of the Commission’s functions by a committee of the Commission, or by two or more Commissioners.
(2)Anything done by or in relation to a committee of the Commission or Commissioners in the discharge of the Commission’s functions shall have the same effect as if done by or in relation to the Commission.
14The validity of any proceedings of the Commission shall not be affected by any vacancy among the members of the Commission or by any defect in the appointment of any Commissioner or additional Commissioner.
15The quorum for meetings of the Commission shall in the first instance be determined by a meeting of the Commission attended by not less than five Commissioners.
FinanceE+W+S
16The Secretary of State shall pay to the Commission expenses incurred or to be incurred by them under paragraph 6, 7, 8 or 10 of this Schedule or paragraph 7 of Schedule 2, and, with the consent of the Minister for the Civil Service and the Treasury, shall pay to the Commission such sums as the Secretary of State thinks fit for enabling the Commission to meet other expenses.
Modifications etc. (not altering text)
17(1)The accounting year of the Commission shall be the twelve months ending on 31st March.
(2)It shall be the duty of the Commission—
(a)to keep proper accounts and proper records in relation to the accounts;
(b)to prepare in respect of each accounting year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury; and
(c)to send copies of the statement to the Secretary of State and the Comptroller and Auditor General before the end of the month of November next following the accounting year to which the statement relates.
(3)The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this Schedule and shall lay copies of each statement and of his report before each House of Parliament.
Disqualification ActsE+W+S
18(1)In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 and Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified under those Acts), there shall (at the appropriate place in alphabetical order) be inserted the following entry:— “ The Commission for Racial Equality ”
(2)In Part III of Schedule 1 to each of those Acts of 1975 (other disqualifying offices) there shall (at the appropriate place in alphabetical order) be inserted the following entry:— “ Additional Commissioner of the Commission of Racial Equality ”
Editorial Information
Marginal Citations
[SCHEDULE 1AE+W+SBodies and other persons subject to general statutory duty]
[PART IE+W+S ORIGINAL CATEGORIES OF BODIES AND OTHER PERSONS]
Ministers of the Crown and government departmentsE+W+S
Editorial Information
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1(1)A Minister of the Crown or government department.
(2)Sub-paragraph (1) does not include the Security Service, the Intelligence Service or the Government Communications Headquarters.
Editorial Information
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Scottish AdministrationE+W+S
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2(1)An office-holder in the Scottish Administration within the meaning given by section 126(7)(a) of the Scotland Act 1998.
(2)Members of the staff of the Scottish Administration within the meaning given by section 126(7)(b) of that Act.
Editorial Information
Textual Amendments
Marginal Citations
National Assembly for WalesE+W+S
Editorial Information
Textual Amendments
Valid from 01/04/2007
3AThe National Assembly for Wales Commission.
3(1)The National Assembly for Wales.
(2)An Assembly subsidiary as defined by section 99(4) of the Government of Wales Act 1998.
Editorial Information
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Marginal Citations
Valid from 01/04/2007
Welsh Assembly GovernmentE+W+S
3B(1)The Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.
(2)A subsidiary of the Welsh Ministers (as defined by section 134(4) of the Government of Wales Act 2006)..
Armed forcesE+W+S
Editorial Information
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4Any of the naval, military or air forces of the Crown.
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National Health Service: England and WalesE+W+S
Editorial Information
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5A Health Authority established under section 8 of the National Health Service Act 1977.
Editorial Information
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Marginal Citations
Valid from 01/04/2007
5AA Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.
6A special health authority established under section 11 of that Act.
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7A primary care trust established under section 16A of that Act.
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8A National Health Service trust established under section 5 of the National Health Service and Community Care Act 1990.
Editorial Information
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Marginal Citations
Valid from 01/04/2004
8AAn NHS foundation trust.
National Health Service: ScotlandE+W+S
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9A Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978.
Editorial Information
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Marginal Citations
10A Special Health Board constituted under section 2 of that Act.
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11A National Health Service Trust established under section 12A of that Act.
Editorial Information
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Local governmentE+W+S
Editorial Information
Textual Amendments
12A local authority within the meaning of the Local Government Act 1972, namely—
(a)in England, a county council, a London borough council, a district council or a parish council;
(b)in Wales, a county council, a county borough council or a community council.
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13A council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
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Marginal Citations
14A community council established under section 51 of the Local Government (Scotland) Act 1973.
Editorial Information
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Marginal Citations
15The Greater London Authority.
Editorial Information
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16The Common Council of the City of London in its capacity as a local authority or port health authority.
Editorial Information
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17The Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple, in his capacity as a local authority.
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18The Council of the Isles of Scilly.
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Textual Amendments
19A parish meeting constituted under section 13 of the Local Government Act 1972.
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Marginal Citations
20Any charter trustees constituted under section 246 of that Act.
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21A fire authority constituted by a combination scheme under section 5 or 6 of the Fire Services Act 1947.
22A waste disposal authority established by virtue of an order under section 10(1) of the Local Government Act 1985.
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23A water or sewerage authority constituted under section 62 of the Local Government etc. (Scotland) Act 1994.
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Marginal Citations
24A port health authority constituted by an order under section 2 of the Public Health (Control of Disease) Act 1984.
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S
25
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26A licensing board constituted under section 1 of the Licensing (Scotland) Act 1976.
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27An internal drainage board which is continued in being by virtue of section 1 of the Land Drainage Act 1991.
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[28A local probation board established under section 4 of the Criminal Justice and Court Services Act 2000.]
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29A joint authority established under Part IV of the Local Government Act 1985 (fire services, civil defence and transport).
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30A joint board within the meaning of section 235(1) of the Local Government (Scotland) Act 1973.
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31The London Fire and Emergency Planning Authority.
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32A body corporate established pursuant to an order under section 67 of the Local Government Act 1985 (transfer of functions to successors of residuary bodies, etc.).
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33A body corporate established pursuant to an order under section 22 of the Local Government Act 1992 (residuary bodies).
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34The Broads Authority established by section 1 of the Norfolk and Suffolk Broads Act 1988.
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35A joint committee constituted in accordance with section 102(1)(b) of the Local Government Act 1972.
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36A joint board which is continued in being by virtue of section 263(1) of that Act.
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37A joint authority established under section 21 of the Local Government Act 1992.
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Marginal Citations
38A Passenger Transport Executive for a passenger transport area within the meaning of Part II of the Transport Act 1968.
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Marginal Citations
39Transport for London.
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40The London Development Agency.
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41A regional development agency established under the Regional Development Agencies Act 1998 (other than the London Development Agency).
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42Scottish Enterprise and Highland and Islands Enterprise, established under the Enterprise and New Towns (Scotland) Act 1990.
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Marginal Citations
43A National Park authority established by an order under section 63 of the Environment Act 1995.
Editorial Information
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Marginal Citations
44A joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the Town and Country Planning Act 1990.
Editorial Information
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45A magistrates’ courts committee established under section 27 of the Justices of the Peace Act 1997.
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Other educational bodiesE+W+S
46Governing bodies of—
(a)educational establishments maintained by local education authorities;
(b)institutions within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992); or
(c)institutions within the higher education sector (within the meaning of section 91(5) of the Act of 1992).
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47The managers of a grant-aided school (within the meaning of section 135 of the Education (Scotland) Act 1980).
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48The managers of a central institution (within the meaning of section 135 of the Act of 1980).
49The board of management of a self-governing school (within the meaning of the Self-Governing Schools etc. (Scotland) Act 1989).
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50The board of management of a college of further education (within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992).
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51The governing body of an institution within the higher education sector (within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992).
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Other housing bodiesE+W+S
52The Housing Corporation.
Editorial Information
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Valid from 08/09/2008
52AThe Homes and Communities Agency.
53Scottish Homes.
54A housing action trust established under Part III of the Housing Act 1988.
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PoliceE+W+S
55A police authority established under section 3 of the Police Act 1996.
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56A police authority established under section 2 of the Police (Scotland) Act 1967.
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Marginal Citations
57The Metropolitan Police Authority established under section 5B of the Police Act 1996.
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Marginal Citations
58The Common Council of the City of London in its capacity as a police authority.
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59The Service Authority for the National Criminal Intelligence Service.
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60The Service Authority for the National Crime Squad.
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Textual Amendments
[PART IIE+W+S BODIES AND OTHER PERSONS ADDED AFTER COMMENCEMENT OF GENERAL STATUTORY DUTY]
HealthE+W+S
The Administration of Radioactive Substances Advisory Committee.
Valid from 01/10/2008
The Care Quality Commission.
Valid from 11/11/2004
[Commission for Healthcare Audit and Inspection]
The Commission for Health Improvement.
Valid from 11/11/2004
[Commission for Social Care Inspection]
The Commons Services Agency for the NHS in Scotland.
The Council for Professions Supplementary to Medicine, in respect of its public functions.
The Dental Practice Board.
The English National Board for Nursing, Midwifery and Health Visiting.
Valid from 01/04/2005
[The Health Protection Agency.]
The Human Fertilisation and Embryology Authority.
The Joint Committee on Postgraduate Training for General Practice.
The Joint Committee on Vaccination and Immunisation.
The Mental Welfare Commission for Scotland.
The National Biological Standards Board.
Valid from 25/01/2010
The Office of the Health Professions Adjudicator.
Valid from 08/05/2003
[The Postgraduate Medical Education and Training Board.]
The Public Health Laboratory Service Board.
The Royal College of Anaesthetists, in respect of its public functions.
The Royal College of General Practitioners, in respect of its public functions.
The Royal College of Midwives, in respect of its public functions.
The Royal College of Nursing, in respect of its public functions.
The Royal College of Obstetricians and Gynaecologists, in respect of its public functions.
The Royal College of Ophthalmologists, in respect of its public functions.
The Royal College of Paediatrics and Child Health, in respect of its public functions.
The Royal College of Pathologists, in respect of its public functions.
The Royal College of Physicians, in respect of its public functions.
The Royal College of Psychiatrists, in respect of its public functions.
The Royal College of Radiologists, in respect of its public functions.
The Royal College of Speech and Language Therapists, in respect of its public functions.
The Royal College of Surgeons of England, in respect of its public functions.
The Scottish Dental Practice Board.
The Scottish Hospital Endowments Research Trust.
The Scottish Hospital Trust.
The Scottish Medical Practices Committee.
The Specialist Training Authority of the Medical Royal Colleges.
The Standing Dental Advisory Committee.
The Standing Medical Advisory Committee.
The Standing Nursing and Midwifery Advisory Committee.
The Standing Pharmaceutical Advisory Committee.
The Unrelated Live Transplant Regulatory Authority.
The Welsh Committee for Professional Development of Pharmacy.
The Welsh Dental Committee.
The Welsh Medical Committee.
The Welsh National Board for Nursing, Midwifery and Health Visiting.
The Welsh Nursing and Midwifery Committee.
The Welsh Optometric Committee.
The Welsh Pharmaceutical Committee.
EducationE+W+S
The Adult Learning Inspectorate.
The British Educational Communication and Technology Agency.
A City Academy established by an agreement under section 482 of the Education Act 1996.
A City College for the Technology of the Arts established by an agreement under section 482 of the Education Act 1996.
A City Technology College established by an agreement under section 482 of the Education Act 1996.
A college of further education maintained by an education authority, in the exercise of its further education functions in providing courses of further education within the meaning of section 1(5)(b)(ii) of the Education (Scotland) Act 1980.
Community Learning Scotland.
The Construction Industry Training Board.
The Engineering Construction Industry Training Board.
The General Teaching Council for England.
The General Teaching Council for Scotland.
The General Teaching Council for Wales.
The Higher Education Funding Council for England.
The Higher Education Funding Council for Wales.
The Learning and Skills Council for England.
Learning and Teaching Scotland.
The National Council for Education and Training for Wales.
Newbattle Abbey College.
The Qualifications and Curriculum Authority.
The Qualifications, Curriculum and Assessment Authority for Wales.
The Quality Assurance Agency for Higher Education.
Sabhal Mòr Ostaig College.
The School Teachers’ Review Body.
Valid from 03/10/2005
[The Scottish Further and Higher Education Funding Council.]
The Scottish Further Education Funding Council.
The Scottish Further Education Unit, in respect of its public functions.
The Scottish Higher Education Funding Council.
The Scottish Qualifications Authority.
The Students Loans Company.
The Teacher Training Agency.
Valid from 01/04/2010
[The Young People's Learning Agency for England.]
PoliceE+W+S
The British Transport Police.
The Chief Constable for the Ministry of Defence Police appointed by the Secretary of State under section 1(3) of the Ministry of Defence Police Act 1987.
Valid from 01/03/2005
The Civil Nuclear Police Authority.
Valid from 01/03/2005
The chief constable of the Civil Nuclear Constabulary.
A chief constable of a police force maintained under section 2 of the Police Act 1996.
A chief constable of a police force maintained under section 1 of the Police (Scotland) Act 1967.
The Commissioner of Police for the City of London.
The Commissioner of Police of the Metropolis.
Valid from 01/04/2007
[The National Policing Improvement Agency.]
The Police Complaints Authority.
The Police Information Technology Organisation.
The Police Negotiating Board.
A Selection Panel for Independent Members of Police Authorities.
Libraries, museums and artsE+W+S
The Advisory Committee on Sites of Special Scientific Interest.
The Advisory Council on Public Records.
The Ancient Monuments Board for Scotland.
The Ancient Monuments Board for Wales.
The Arts Council of England.
The Arts Council of Wales.
The British Library.
The British Museum.
The British Tourist Authority.
The Commission for Architecture and the Built Environment.
The Countryside Council for Wales.
The Design Council.
English Nature.
The English Tourist Board.
The Film Council.
The Geffrye Museum.
The Historic Buildings and Monuments Commission for England.
The Historic Buildings Council for Scotland.
The Historic Buildings Council for Wales.
The Historic Royal Palaces Trust.
The Horniman Museum.
The Imperial War Museum.
The Library and Information Services Council (Wales).
The Millennium Commission.
Valid from 31/12/2004
[The Museum, Archives and Libraries Council]
The Museum of London.
The Museum of Science and Industry in Manchester.
The National Endowment for Science, Technology and the Arts.
The National Galleries of Scotland.
The National Gallery.
The National Heritage Memorial Fund.
The National Library of Scotland.
The National Library of Wales.
The National Lottery Charities Board.
The National Maritime Museum.
National Museums and Galleries on Merseyside.
National Museums and Galleries of Wales.
National Museums of Scotland.
The National Portrait Gallery.
The Natural History Museum.
The Registrar of Public Lending Right.
Resource: The Council for Museums, Archives and Libraries.
The Royal Armouries.
The Royal Botanic Garden, Edinburgh.
The Royal Botanic Gardens, Kew.
The Royal Commission on Ancient and Historical Monuments of Scotland.
The Royal Commission on Ancient and Historical Monuments of Wales.
The Royal Commission on Historical Manuscripts.
The Royal Fine Art Commission for Scotland.
The Science Museum.
The Scottish Arts Council.
Scottish Natural Heritage.
Scottish Screen.
Scottish Sports Council.
The Scottish Tourist Board.
Sir John Soane’s Museum.
Sport England.
The Sports Council for Wales.
The Tate Gallery.
The Theatres Trust.
The Treasure Valuation Committee.
The UK Sports Council.
The Victoria and Albert Museum.
Valid from 29/03/2007
[VisitScotland.]
The Wales Tourist Board.
The Wallace Collection.
Public corporations and nationalised industriesE+W+S
The Bank of England, in respect of its public functions.
The British Broadcasting Corporation, in respect of its public functions.
The Broadcasting Standards Commission, in respect of its public functions.
The Channel Four Television Corporation, in respect of its public functions.
The Civil Aviation Authority.
The Coal Authority.
The Covent Garden Market Authority.
A Customer Service Committee maintained under section 28 of the Water Industry Act 1991.
The Independent Television Commission, in respect of its public functions.
The Radio Authority, in respect of its public functions.
Sianel Pedwar Cymru (Welsh Fourth Channel Authority), in respect of its public functions.
The United Kingdom Atomic Energy Authority, in respect of its public functions.
Regulatory, audit and inspectionE+W+S
The Accounts Commission for Scotland.
The Advisory, Conciliation and Arbitration Service (ACAS).
The Association of Authorised Public Accountants.
The Association of Certified Chartered Accountants.
The Association of Child Psychotherapy.
The Audit Commission for Local Authorities and the National Health Service in England and Wales.
Audit Scotland.
The British Hallmarking Council.
The British Standards Institute.
The Chartered Institute of Patent Agents, in respect of its public functions.
The Council for Licensed Conveyancers, in respect of its public functions.
The Engineering Council.
The Financial Services Authority.
The General Chiropratic Council.
The General Council of the Bar of England and Wales, in respect of its public functions.
The General Dental Council.
The General Medical Council.
The General Optical Council.
The General Osteopathic Council.
Valid from 27/09/2010
[The General Pharmaceutical Council.]
The General Social Care Council.
Valid from 09/07/2003
[The Health Professions Council.]
The Insolvency Practitioners Association.
The Institute of Chartered Accountants in England and Wales.
The Institute of Chartered Accountants of Scotland.
The Institute of Legal Executives, in respect of its public functions.
The Institute of Trade Mark Attorneys.
The Law Society of England and Wales, in respect of its public functions.
The Law Society of Scotland, in respect of its public functions.
Valid from 01/04/2005
[Her Majesty’s Inspectorate of Court Administration]
Her Majesty’s Magistrates’ Courts Service Inspectorate.
The Master of the Court of the Faculties of the Archbishop of Canterbury, in respect of its public functions.
The National Audit Office.
Valid from 04/04/2011
The Office for Budget Responsibility.
The Royal Pharmaceutical Society of Great Britain, in respect of its statutory functions and the regulation of the pharmacy profession.
The United Kingdom Central Council for Nursing, Midwifery and Health Visiting, in respect of its public functions.
ResearchE+W+S
The Alcohol Education and Research Council.
The Apple and Pear Research Council.
The Biotechnology and Biological Sciences Research Council.
The Council for the Central Laboratory of the Research Councils.
The Economic and Social Research Council.
The Engineering and Physical Sciences Research Council.
The Fire Service Research and Training Trust.
The Horticultural Development Council.
The Medical Research Council.
The Natural Environment Research Council.
The Particle Physics and Astronomy Research Council.
Other Bodies, etc.E+W+S
Valid from 01/11/2007
The Administrative Justice and Tribunals Council.
The Advisory Committee on Hazardous Substances.
The Advisory Committee on Pesticides.
The Advisory Committee on Releases to the Environment.
The Advisory Council on the Misuse of Drugs.
An Agricultural Dwelling House Advisory Committee established under the Rent (Agriculture) Act 1976.
The Agricultural Wages Board for England and Wales.
An Agricultural Wages Committee.
Valid from 29/02/2008
The Agriculture and Horticulture Development Board.
The Animal Procedures Committee.
A Board of Visitors established under section 6(2) of the Prison Act 1952.
The Britain-Russia Centre.
The British Association for Central and Eastern Europe.
The British Council.
The British Potato Council.
The British Waterways Board.
The British Wool Marketing Board.
The Building Regulations Advisory Committee.
Prospective
The Building Regulations Advisory Committee for Wales.
The Building Standards Advisory Committee.
The Central Advisory Committee on War Pensions.
The Children and Family Court Advisory and Support Service.
The Civil Justice Council.
The Civil Procedure Rule Committee.
Valid from 17/12/2009
A combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.
Valid from 18/04/2006
Commission for Equality and Human Rights
The Commission for Racial Equality.
Valid from 01/10/2006
Commission for Rural Communities.
The Commissioner for Local Administration in Scotland.
Valid from 26/11/2008
The Committee on Climate Change.
The Commonwealth Scholarship Commission in the United Kingdom.
The Community Development Foundation.
The Consumer Council for Postal Services.
The Council on Tribunals.
The Criminal Injuries Compensation Authority.
The Crofters’ Commission.
The Crown Court Rule Committee.
The Deer Commission for Scotland.
The Disability Living Allowance Advisory Board.
The Disability Rights Commission.
The Disabled Persons Transport Advisory Committee.
Valid from 17/12/2009
An economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009.
The Electoral Commission.
English Partnerships.
The Environment Agency.
The Environment Agency Advisory Committee for Wales.
The Equal Opportunities Commission.
The Family Proceedings Rule Committee.
The Firearms Consultative Committee.
The Fisheries (Electricity) Committee.
Food From Britain.
The Gaming Board for Great Britain.
The Gas and Electricity Consumer Council.
The Government Hospitality Advisory Committee for the Purchase of Wine.
The Great Britain-China Centre.
The Health and Safety Commission.
The Health and Safety Executive.
The Hill Farming Advisory Committee for Scotland.
The Hill Farming Advisory Sub-Committee for Wales.
The Home-Grown Cereals Authority.
The Honours Scrutiny Committee.
The Horserace Betting Levy Board.
The Horserace Totalisator Board.
Valid from 01/11/2007
An Independent Monitoring Board appointed under section 6(2) of the Prison Act 1952.
The Industrial Injuries Advisory Council.
The Information Commissioner.
The Inland Waterways Amenity Advisory Council.
The Insolvency Rules Committee.
Investors in People UK.
The Joint Nature Conservation Committee.
The Land Registration Rule Committee.
The Law Commission.
The Legal Services Commission.
The Legal Services Consultative Panel.
The Local Government Boundary Commission for Scotland.
The Local Government Boundary Commission for Wales.
The Local Government Commission for England.
The Low Pay Commission.
The Magistrates’ Courts Rule Committee.
Valid from 12/01/2010
The Marine Management Organisation.
The Marshall Aid Commemoration Commission.
The Meat and Livestock Commission.
The Milk Development Council.
The National Consumer Council.
The National Forest Company.
The National Radiological Protection Board.
Valid from 02/05/2006
Natural England.
The New Opportunities Fund.
The Northern Lighthouse Board.
The Oil and Pipelines Agency.
Valid from 30/03/2006
The Olympic Delivery Authority.
The Overseas Service Pensions Scheme Advisory Board.
Valid from 01/04/2008
A probation trust.
Valid from 01/04/2008
A provider of probation services (other than the Secretary of State or a probation trust), in respect of its statutory functions and the carrying out by it of activities of a public nature in pursuance of arrangements made with it under section 3(2) of the Offender Management Act 2007.
A Regional Flood Defence Committee established under section 14 of the Environment Act 1995.
The Scottish Agricultural Wages Board.
Valid from 01/11/2007
The Scottish Committee of the Administrative Justice and Tribunals Council.
The Scottish Conveyancing and Executry Services Board.
The Scottish Environment Protection Agency.
The Scottish Industrial Development Advisory Board.
The Scottish Law Commission.
The Scottish Legal Aid Board.
The Scottish Parliamentary Corporate Body.
The Scottish Records Advisory Council.
The Sea Fish Industry Authority.
The Sentencing Advisory Panel.
Valid from 01/04/2006
The Serious Organised Crime Agency.
The Social Security Advisory Committee.
The Strategic Rail Authority.
The Trinity House Lighthouse Service.
Valid from 05/07/2010
The trustee corporation established by section 75 of the Pensions Act 2008.
A Visiting Committee appointed under section 152 of the Immigration and Asylum Act 1999 for an immigration detention centre.
The Wales New Deal Advisory Task Force.
A War Pensions Committee.
Valid from 11/11/2005
The Water Industry Commission for Scotland.
The Water Industry Commissioner for Scotland.
Valid from 01/11/2007
The Welsh Committee of the Administrative Justice and Tribunals Council.
The Welsh Development Agency.
The Welsh Industrial Development Advisory Board.
The Welsh Language Board.
The Welsh Scientific Advisory Committee.
The Westminster Foundation for Democracy.
The Wilton Park Academic Council.
The Wine Standards Board of the Vintners’ Company.
The Youth Justice Board for England and Wales.
Valid from 31/12/2003
PART III E+W+SBODIES AND OTHER PERSONS ADDED ON 31ST DECEMBER 2003
Local GovernmentE+W+S
A National Park authority established by a designation order made under section 6 of the National Parks (Scotland) Act 2000.
HealthE+W+S
The Commission for Patient and Public Involvement in Health.
The Council for the Regulation of Health Care Professionals.
The Health Professions Council.
The Nursing and Midwifery Council.
The Royal College of Physicians and Surgeons of Glasgow, in respect of its public functions.
The Royal College of Physicians of Edinburgh, in respect of its public functions.
The Royal College of Surgeons of Edinburgh, in respect of its public functions.
EducationE+W+S
The National College of School Leadership.
PoliceE+W+S
The Central Police Training and Development Authority (“CENTREX”).
The Director-General of the National Crime Squad.
The Independent Police Complaints Commission.
A Port Police Force established under an order made under section 14 of the Harbours Act 1964.
The Port Police Force established under Part X of the Port of London Act 1968.
A Port Police Force established under section 79 of the Harbours, Docks and Piers Clauses Act 1847.
Regulatory, audit and inspectionE+W+S
The Association of International Accountants, in respect of its public functions.
The Financial Reporting Review Panel.
The National Lottery Commission.
The Scottish Information Commissioner.
The Scottish Commission for the Regulation of Care.
The Scottish Social Services Council.
The Security Industry Authority.
The Standards Board for England.
Other Bodies etc.E+W+S
The Countryside Agency.
The Historic Environment Advisory Council for Scotland.
The League for the Exchange of Commonwealth Teachers.
The Pensions Compensation Board
The Royal College of Veterinary Surgeons, in respect of its public functions.
The Royal Commission on Environmental Pollution.
Scottish Water.
The Sector Skills Development Agency.
SITPRO Ltd, in respect of its public functions.
A Water Customer Consultation Panel established by an order pursuant to section 2(1) of the Water Industry (Scotland) Act 2002.
Valid from 31/12/2004
PART IV E+W+SBodies and other Persons added on 31st December 2004
Health E+W+S
The Commission for Healthcare Audit and Inspection
Independent Regulator of NHS Foundation Trusts
Regulatory, Audit and Inspection E+W+S
The Commission for Social Care Inspection
The Office of Communications (Ofcom)
The Social Fund Commissioner of the Independent Review Service
Other Bodies etc E+W+S
Bòrd na Gàidhlig (Alba)
National Museum for Science and Industry
Remploy Limited
Royal Parks in England
UK Sport
Women’s National Commission
Valid from 03/10/2006
PART V E+W+SBODIES AND OTHER PERSONS ADDED ON 3RD OCTOBER 2006
Libraries, museums and artsE+W+S
Architecture and Design Scotland.
The Arts and Humanities Research Council.
The Scottish Library and Information Council.
The Scottish Museums Council.
Regulatory, audit and inspectionE+W+S
The Football Licensing Authority.
The Gas and Electricity Markets Authority.
The Pensions Regulator.
Other bodies etc.E+W+S
Bòrd na Gàidhlig.
The Board of the Pension Protection Fund.
The British Transport Police Authority.
A chief officer of a community justice authority appointed under section 4 of the Management of Offenders etc. (Scotland) Act 2005 .
A Chief Officer of a relevant authority appointed under section 7 of the Fire (Scotland) Act 2005 .
The Commissioner for Children and Young People in Scotland.
A community justice authority established under section 3 of the Management of Offenders etc. (Scotland) Act 2005.
A joint fire and rescue board constituted by a scheme under section 2(1) of the Fire (Scotland) Act 2005.
The Mobility and Access Committee for Scotland.
The Office for Fair Access.
The panel constituted under Schedule 4 to the Rent (Scotland) Act 1984 .
The Risk Management Authority.
Scottish UfI Ltd.
Scottish UfI Trust Ltd.
Transport Partnerships created under the Transport (Scotland) Act 2005 .
Section 79.
SCHEDULE 2E+W+S Transitional Provisions
InterpretationE+W+S
1In this Schedule—
“the 1968 Act” means the Race Relations Act 1968;
“the repeal date” means the date on which the repeal of the 1968 Act by this Act takes effect;
“the Board” means the Race Relations Board.
EnforcementE+W+S
2The repeal of the 1968 Act shall not—
(a)invalidate any injunction or order granted or made under section 21 or 23 of that Act which is in force immediately before the repeal date; or
(b)remove from any court any jurisdiction which, but for that repeal, it would have in relation to any such injunction or order.
3Any proceedings under section 19 or 20 of the 1968 Act which are pending immediately before the repeal date may be continued on and after that date by the Commission as if that Act had not been repealed and the Commission were the Board.
4(1)Where a complaint such as is mentioned in section 15(1) or 16(1) of the 1968 Act was made but not disposed of before the repeal date, the relevant provisions of the 1968 Act shall, notwithstanding their repeal, continue to apply in relation to the complaint and the act complained of, but as if anything falling to be done in that connection by or in relation to the Board or a conciliation committee fell to be done by or in relation to the Commission or, in so far as the Commission may so direct, a committee appointed for that purpose by the Commission.
(2)For the purposes of this paragraph the relevant provisions of the 1968 Act are—
(a)for a complaint such as is mentioned in section 15(1) of that Act, sections 15, 18 to 24 and 27 to 29 of that Act; or
(b)for a complaint such as is mentioned in section 16(1) of that Act, section 16(1) of, Schedule 2 to, and sections 18 to 24 and 27 to 29 of, that Act.
5Where a complaint such as is mentioned in section 15(1) or 16(1) of the 1968 Act could have been, but was not, made before the repeal date in respect of an act done before that date, the relevant provisions of the 1968 Act (within the meaning of paragraph 4) shall, notwithstanding their repeal, continue to apply in relation to that act and any such complaint made in respect of it, but as if anything falling to be done in that connection by or in relation to the Board or a conciliation committee fell to be done as mentioned in paragraph 4(1).
6(1)Where—
(a)an investigation under subsection (1) of section 17 of the 1968 Act was begun but not completed before the repeal date; or
(b)a matter was before that date referred for investigation under that subsection but was at that date still awaiting investigation; or
(c)an investigation under that subsection having been completed before that date, some action arising out of the investigation would have fallen to be taken or continued under the 1968 Act on or after that date if that Act had not been repealed,
the relevant provisions of the 1968 Act shall, notwithstanding their repeal, continue to apply in relation to the investigation and its subject-matter, but as if anything falling to be done in that connection by or in relation to the Board or a conciliation committee fell to be done as mentioned in paragraph 4(1).
(2)For the purposes of this paragraph the relevant provisions of the 1968 Act are section 17(1) of, Schedule 3 to, and sections 18 to 24 and 27 to 29 of, that Act.
7The Commission—
(a)may pay to members of any committee appointed by the Commission for the purposes of paragraph 4, 5 or 6 travelling or other allowances in accordance with such scales as may be approved by the Secretary of State with the consent of the Treasury, and may defray any other expenses of such a committee to such amount as may be so approved; and
(b)shall pay to any assessors appointed by the Commission under section 18 of the 1968 Act such remuneration and allowances as the Commission may, with the consent of the Treasury and after consultation with the Secretary of State, determine.
8(1)An order under section 19 of the 1968 Act appointing a county court to have jurisdiction under, and assigning to it a district for the purposes of, that section, or providing for the discontinuance of any jurisdiction of a county court for those purposes, shall, so far as it is in force immediately before the repeal date, have effect with the necessary modifications as if made under section 67(1) for the purposes of this Act.
In its application on or after the repeal date by virtue of paragraph 3, 4, 5 or 6, section 19 of the 1968 Act shall have effect as if—
(a)subsections (3) to (5) were omitted; and
(b)any reference to, or to the district assigned to, a county court appointed to have jurisdiction thereunder were a reference to, or to the district of, a designated county court;
and section 67(6) shall apply in relation to proceedings under that section in its application as aforesaid as if they were proceedings under this Act.
Regulations under s. 27(9) of 1968 ActE+W+S
9Any regulations under section 27(9) of the 1968 Act shall, so far as they are in force immediately before the repeal date, have effect as if made under section 75(5).
Property, rights and liabilities of Race Relations Board and Community Relations CommissionE+W+S
10(1)On the repeal date all property, rights and liabilities which immediately before that date were property, rights and liabilities of the Board or of the Community Relations Commission shall vest in the Commission for Racial Equality by virtue of this paragraph and without further assurance.
(2)Section 12 of the Finance Act 1895 (which requires Acts to be stamped as conveyances on sale in certain cases) shall not apply to any transfer of property effected by this paragraph.
(3)Any damages recovered by the Commission for Racial Equality on or after the repeal date by virtue of an award made under section 22 of the 1968 Act shall be accounted for by the Commission to the person in respect of whom they were awarded.
StaffE+W+S
11(1)In this . . . paragraph “present employee” means a person who immediately before the repeal date is employed by the Board or the Community Relations Commission.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)For the purposes of—
[(a)the Employment Rights Act 1996 except Part XI;
(b)the Trade Union and Labour Relations (Consolidation) Act 1992; and]
(d)any scheme under section 1 of the Superannuation Act 1972,
there shall be deemed to have been no break at the repeal date in the employment of a present employee who as from that date is employed by the Commission.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Marginal Citations
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12
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S
13
SCHEDULE 3E+W+S
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 79.
SCHEDULE 4E+W+S AMENDMENTS OF SEX DISCRIMINATION ACT 1975
1After section 56 insert the cross-heading “Codes of Practice" and, below it, insert as section 56A a section in terms identical with those of section 47 of this Act except for the following adaptations, namely—
(a)in subsection (1), for “persons of different racial groups" substitute “men and women";
(b)in subsection (8), for “section 74(3)" substitute “section 81(4)".
2(1)After section 58(3) (terms of reference of an investigation) insert as subsection (3A) a subsection in terms identical with those of section 49(4) of this Act.
(2)In section 58(4) for “and (3)" substitute “(3) and (3A)".
3For section 62 (no further sanctions for breach of Act) substitute—
“62 Restriction of proceedings for breach of Act.
“62(1)Except as provided by this Act no proceedings, whether civil or criminal, shall lie against any person in respect of an act by reason that the act is unlawful by virtue of a provision of this Act.
(2)Subsection (1) does not preclude the making of an order of certiorari, mandamus or prohibition.
(3)In Scotland, subsection (1) does not preclude the exercise of the jurisdiction of the Court of Session to entertain an application for reduction or suspension of any order or determination, or otherwise to consider the validity of any order or determination, or to require reasons for any order or determination to be stated.”
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S
4
5(1)In section 66(2) (claims under Part III) after “this subsection" insert “and section 62(1)".
(2)After section 66(5) insert—
“(5A)In Scotland, when any proceedings are brought under this section, in addition to the service on the defender of a copy of the summons or initial writ initiating the action a copy thereof shall be sent as soon as practicable to the Commission in a manner to be prescribed by Act of Sederunt.”
6In section 72(4) (enforcement of sections 38 to 40) omit “an" in the last place where it occurs.
7In section 75(2), after paragraph (d) insert—
“(e)any other form of assistance which the Commission may consider appropriate,”
8In section 76 (period within which proceedings to be brought)—
(a)in subsection (2), for the words from “the period" onwards substitute—
“(a)the period of six months beginning when the act complained of was done; or
(b)in a case to which section 66(5) applies, the period of eight months so beginning.”
(b)for subsection (3) substitute—
“(3)An [employment tribunal], county court or sheriff court shall not consider an application under section 72(2)(a) unless it is made before the end of the period of six months beginning when the act to which it relates was done; and a county court or sheriff court shall not consider an application under section 72(4) unless it is made before the end of the period of five years so beginning.”
Editorial Information
Textual Amendments
9For paragraph 15 of Schedule 3 (accounts) substitute—
“15(1)The accounting year of the Commission shall be the twelve months ending on 31st March.
(2)lt shall be the duty of the Commission—
(a)to keep proper accounts and proper records in relation to the accounts ;
(b)to prepare in respect of each accounting year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury ; and
(c)to send copies of the statement to the Secretary of State and the Comptroller and Auditor General before the end of the month of November next following the accounting year to which the statement relates.
(3)The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this Schedule and shall lay copies of each statement and of his report before each House of Parliament.”
Section 79.
SCHEDULE 5E+W+S REPEALS