SCHEDULES

C2FIRST SCHEDULE Definition of Public Records

Annotations:
Modifications etc. (not altering text)
C2

Sch. 1 excluded by Transport Act 1968 (c. 73), s. 144(9)

Sch. 1 excluded (E.W.S.) (1.4.1994) by 1993 c. 43, s. 125(6); S.I. 1994/571, art. 5 (with art. 7) (which exclusion was repealed (18.7.1996) by 1996 c. 42, s. 8(2)(3))

Sch. 1 excluded (E.W.S.) (18.9.1996) by 1996 c. 42, ss. 5(3), 8(3)

Departmental records

2

1

Subject to the provisions of this paragraph, administrative and departmental records belonging to Her Majesty, whether in the United Kingdom or elsewhere, in right of Her Majesty’s Government in the United Kingdom and, in particular,—

a

records of, or held in, any department of Her Majesty’s Government in the United Kingdom, or

b

records of any office, commission or other body or establishment whatsoever under Her Majesty’s Government in the United Kingdom,

shall be public records.

2

Sub-paragraph (1) of this paragraph shall not apply—

a

to records of any government department or body which is wholly or mainly concerned with Scottish affairs, or which carries on its activities wholly or mainly in Scotland, or

b

to registers or certified copies of entries in registers being registers or certified copies kept or deposited in the General Register Office under or in pursuance of any enactment, whether past or future, which provides for the registration of births, deaths, marriages or adoptions, or

c

except so far as provided by paragraph 4 of this Schedule, to records of the Duchy of Lancaster, or

d

to records of the office of the Public Trustee relating to individual trusts F1or

e

to Welsh public records (as defined in the Government of Wales Act 1998).

3

1

Without prejudice to the generality of sub-paragraph (1) of the last foregoing paragraph, the administrative and departmental records of bodies and establishments set out in the Table at the end of this paragraph shall be public records, whether or not they are records belonging to Her Majesty.

2

The provisions of this paragraph shall not be taken as applying to records in any museum or gallery mentioned in the said Table which form part of its permanent collections (that is to say records which the museum or gallery has acquired otherwise than by transfer from or arrangements with a government department).

TABLE

C1PART I

BODIES AND ESTABLISHMENTS UNDER GOVERNMENT DEPARTMENTS

Responsible Government Department

F128Department for Environment, Food and Rural Affairs.

Agricultural Wages Board.

Agricultural Wages Committees.

Organisation known as the “National Farm Survey”.

Official seed testing station for England and Wales.

F129Ministry of Defence

Meteorological Office.

F130. . .

F131. . .

F132Department of Health

National Health Service Authorities F133including F134Primary Care Trusts and National Health Service Trusts other than local health authorities F135and Authorities for districts or localities in Wales, or for areas in or consisting of Wales (including National Health Service trusts all of whose hospitals, establishments and facilities are situated in Wales).

F136Family Practitioner CommitteesF137for localities in England

F138health service hospitals, within the meaning of the National Health Service Act 1977F139, in England except—

records of endowments passing to Boards of Governors under section seven of the National Health Service Act 1946.

records relating to funds held by Hospital Boards and Committees under sections fifty-nine and sixty of the said Act, andrecords of private patients admitted under section five of the said Act.

F140records of property passing to F141Regional, Area or District Health Authorities or special health authorities under sections 23 to 26 of the M1National Health Service Reorganisation Act 1973 F142or section 92 of the M2National Health Service Act 1977

records of property held by a F143Regional, Area or District Health Authority or special health authority under section 21 or 22 of the said Act 1973F144or section 90 or 91 of the National Health Service Act 1977

F145records of trust property passing to a F146Strategic Health Authority, Health Authority, Special Health Authority or Primary Care Trust by virtue of the Health Authorities Act 1995 or under section 92 of the National Health Service Act 1977 or held by F147a Strategic Health Authority or a Health Authority under section 90 or 91 of that Act.

F148. . .

Home Office

Office of Commissioner of Police of the Metropolis.

Office of Receiver for the Metropolitan Police District.

F149Department of Employment

National Dock Labour Board.

National Institute of Houseworkers Limited.

Wages Boards and Wages Councils.

F150Department of Social Security

National Insurance Advisory Committee.

Industrial Injuries Advisory Council.

F151Attendance Allowance Board.

National Insurance and Industrial Injuries Joint Authorities.

Workmen’s Compensation Supplementation Board.

Pneumoconiosis and Byssinosis Benefit Board.

F152. . .

F153. . .

F154Department of Transport

Air Transport Advisory Council.

Air Registration Board.

F155Airworthiness Requirements Board, Civil Aviation Authority.

F156Strategic Rail Authority.

F157Lord Chancellor’s Department

F158Legal Aid Board

F159Legal Services Commission

X1C3PART IIOTHER ESTABLISHMENTS AND ORGANISATIONS

  • F3F4Adult Learning Inspectorate

  • Anglo-Egyptian Resettlement Board.

  • F5Armouries

  • F6The Big Lottery Fund.

  • F7The Board of the Pension Protection Fund.

  • F8The Board of Trustees of the National Museums and Galleries on Merseyside.

  • F9British Coal Corporation

  • F10British Council.

  • British Museum (including the Natural History Museum).

  • F11Care Council for Wales.

  • F12the Care Quality Commission.

  • Catering Wages Commission.

  • F13Central Police Training and Development Authority

  • F14Child Maintenance and Enforcement Commission.

  • F15Civil Nuclear Police Authority.

  • F16Coal Authority

  • Coal Industry Social Welfare Organisation.

  • F17Commission for Architecture and the Built Environment.

  • F18The Commission for Equality and Human Rights.

  • F19F20 Commission for Health Improvement.

  • F21Commission for Healthcare Audit and Inspection

  • F22Commission on Industrial Relations

  • F23Commission for Patient and Public Involvement in Health.

  • F24Commission for Rural Communities.

  • F25Commission for Social Care Inspection

  • F26The Committee on Climate Change.

  • F27Competition Commission.

  • F28Competition Service

  • F29F30Consumer Council for Postal Services.

  • F31Consumer Council for Water.

  • F32Council for the Regulation of Health Care Professionals.

  • F33F34Countryside Council for Wales

  • F35Criminal Cases Review Commission

  • F36Crown Agents for Overseas Governments and Administrations (before and after their reconstitution as a body corporate) except when acting for governments or authorities outside Her Majesty’s dominions.

  • F37Crown Agents Holding and Realisation Board.

  • F38F39C4Curriculum and Assessment Authority for Wales

  • F40F41the Data Protection Commissioner

  • F42A development agency established under section 1 of the Regional Development Agencies Act 1998.

  • Development Commission.

  • F43Director of Fair Access to Higher Education

  • F44F45Disability Rights Commission.

  • F46Electoral Commission.

  • F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F48F49English Nature.

  • F50The Environment Agency

  • F51C4Funding Agency for Schools

  • F52 Further Education Funding Council for England.

  • F53F52Further Education Funding Council for Wales.

  • F29F54Gas and Electricity Consumer Council.

  • F55General Social Care Council.

  • F56General Teaching Council for England.

  • F57General Teaching Council for Wales.

  • F52Higher Education Funding Council for England.

  • F58F52Higher Education Funding Council for Wales.

  • F59Historic Buildings and Monuments Commission for England

  • F60The Homes and Communities Agency.

  • F61Human Tissue Authority.

  • Imperial War Museum.

  • F62Information Commissioner.

  • Irish Sailors’ and Soldiers’ Land Trust.

  • F63Learning and Skills Council for England.

  • F64The Legal Services Board.

  • F65The Legal Services Consultative Panel.

  • F66 The Legal Services Ombudsman

  • F67Local Better Regulation Office.

  • London Museum.

  • F68The Lord Chancellor’s Advisory Committee on Legal Education and Conduct

  • F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F70F71Millennium Commission.

  • F72F73Monopolies and Mergers Commission.

  • F74National Audit Office

  • F19F75National Care Standards Commission

  • F76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F77The National Consumer Council.

  • National Gallery.

  • F70F78National Lottery Charities Board.

  • F79National Lottery Commission.

  • National Maritime Museum.

  • F48F80Countryside Agency

  • F81National Policing Improvement Agency.

  • National Portrait Gallery.

  • National Savings Committee.

  • F82Natural England.

  • F83F84Nature Conservancy Council for England

  • F70F85New Opportunities Fund.

  • F86Nuclear Decommissioning Authority.

  • F87Occupational Pensions Regulatory Authority.

  • F88Office of Communications.

  • F89Office of F90the Director General of Fair Trading.

  • F91Office of Fair Trading.

  • F92Office for Tenants and Social Landlords.

  • F93Olympic Delivery Authority.

  • F94Olympic Lottery Distributor.

  • F95The Ombudsman for the Board of the Pension Protection Fund.

  • F96Pensions Compensation Board.

  • F97Pensions Ombudsman.

  • F98The Pensions Regulator.

  • F99Personal Accounts Delivery Authority

  • F100Police Information Technology Organisation

  • F101Post Office.

  • F102Post Office company (within the meaning of Part IV of the Postal Services Act 2000).

  • F103Qualifications and Curriculum Authority

  • F104F105Qualifications, Curriculum and Assessment Authority for Wales

  • F106Rail Passengers’ Committees.

  • F107Rail Passengers’ Council.

  • Remploy Limited.

  • F108Royal Botanic Gardens, Kew

  • Royal Greenwich Observatory.

  • F109C4School Curriculum and Assessment Authority

  • F110F51C4Schools Funding Council for Wales

  • F111Science Museum

  • F112Security Industry Authority.

  • F113Serious Organised Crime Agency.

  • F114F115The Service Authority for the National Crime Squad.

  • F116F117The Service Authority for the National Criminal Intelligence Service.

  • F118The Simpler Trade Procedures Board.

  • Tate Gallery.

  • F119F120Teacher Training Agency

  • F121Technology Strategy Board.

  • F122Traffic Director for London

  • F123Training and Development Agency for Schools

  • F124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • Trustee Savings Banks Inspection Committee.

  • United Kingdom Atomic Energy Authority.

  • University Grants Committee.

  • F125Valuation Tribunal Service.

  • F126Victoria and Albert Museum

  • Wallace Collection.

  • War Works Commission.

  • Any body established for the purpose of determining the boundaries of constituencies of the Parliament of the United Kingdom, or of local authorities in England F127or Wales.

F23A

1

Her Majesty may by Order in Council amend the Table at the end of paragraph 3 of this Schedule by adding to either Part of the Table an entry relating to any body or establishment—

a

which, at the time when the Order is made, is specified in Schedule 2 to the Parliamentary Commissioner Act 1967 (departments, etc. subject to investigation), or

b

in respect of which an entry could, at that time, be added to Schedule 2 to that Act by an Order in Council under section 4 of that Act (which confers power to amend that Schedule).

2

An Order in Council under this paragraph may relate to a specified body or establishment or to bodies or establishments falling within a specified description.

3

An Order in Council under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.