SCHEDULES

C4C5 FIRST SCHEDULE Definition of Public Records

Annotations:
Modifications etc. (not altering text)
C4

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Sch. 1 excluded (E.W.S.) (1.4.1994) by 1993 c. 43, s. 125(6); S.I. 1994/571, art. 5 (with art. 7) (which exclusion was repealed (18.7.1996) by 1996 c. 42, s. 8(2)(3))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

C5

Sch. 1: power to amend conferred (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 84; S.I. 2011/2329, art. 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 F1, civil partnerships 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 F2or

e

to Welsh public records (as defined in F3the Government of Wales Act 2006).

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

F4Department 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.

F5Ministry of Defence

Meteorological Office.

F6. . .

F7. . .

F8Department of Health

National Health Service Authorities F9including F10Primary Care TrustsF11, National Health Service trusts and NHS foundation trusts other than local health authorities F12and 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).

F13Family Practitioner CommitteesF14for localities in England

F15health service hospitals, within the meaning of the National Health Service Act 1977F16, 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.

F17 records of property passing to F18 Regional, Area or District Health Authorities or special health authorities under sections 23 to 26 of the M1 National Health Service Reorganisation Act 1973 F19 , section 92 of the National Health Service Act 1977, section 213 of the National Health Service Act 2006 or section 161 of the National Health Service (Wales) Act 2006

records of property held by a F20Regional,Area or District Health Authority or special health authority under section 21 or 22 of the said Act 1973F21, section 90 or 91 of the National Health Service Act 1977, section 218 of the National Health Service Act 2006 or paragraph 8 of Schedule 6 to that Act, or paragraph 8 of Schedule 5 to the National Health Service (Wales) Act 2006

F22records of trust property passing to a F23Strategic Health Authority, Health Authority, Special Health Authority or Primary Care Trust by virtue of the Health Authorities Act 1995 F24, under section 213 of the National Health Service Act 2006 or section 161 of the National Health Service (Wales) Act 2006, or held by F25a Strategic Health Authority or a Health Authority under section 90 or 91 of F26the National Health Service Act 1977, section 218 of the National Health Service Act 2006, paragraph 12 of Schedule 2 to, or paragraph 8 of Schedule 6 to, that Act, or paragraph 8 of Schedule 5 to the National Health Service (Wales) Act 2006.

F27. . .

Home Office

Office of Commissioner of Police of the Metropolis.

Office of Receiver for the Metropolitan Police District.

F28Department of Employment

National Dock Labour Board.

National Institute of Houseworkers Limited.

Wages Boards and Wages Councils.

F29Department of Social Security

National Insurance Advisory Committee.

Industrial Injuries Advisory Council.

F30Attendance Allowance Board.

National Insurance and Industrial Injuries Joint Authorities.

Workmen’s Compensation Supplementation Board.

Pneumoconiosis and Byssinosis Benefit Board.

F31. . .

F32. . .

F33Department of Transport

Air Transport Advisory Council.

Air Registration Board.

F34Airworthiness Requirements Board, Civil Aviation Authority.

F35Strategic Rail Authority.

F36Ministry of Justice

F37Legal Aid Board

F38Legal Services Commission

C2PART II

OTHER ESTABLISHMENTS AND ORGANISATIONS

  • F39...

  • Anglo-Egyptian Resettlement Board.

  • F40Armouries

  • F41Arts and Humanities Research Council.

  • F42The Big Lottery Fund.

  • F43The Board of the Pension Protection Fund.

  • F44The Board of Trustees of the National Museums and Galleries on Merseyside.

  • F45British Coal Corporation

  • F46British Council.

  • British Museum (including the Natural History Museum).

  • F47Care Council for Wales.

  • F48The Care Quality Commission.

  • Catering Wages Commission.

  • F49Central Police Training and Development Authority

  • F50Child Maintenance and Enforcement Commission.

  • F152The Child Poverty Commission.

  • F51Civil Nuclear Police Authority.

  • F52Coal Authority

  • Coal Industry Social Welfare Organisation.

  • F53Commission for Architecture and the Built Environment.

  • F54The Commission for Equality and Human Rights.

  • F55...

  • F56...

  • F57Commission on Industrial Relations

  • F58Commission for Patient and Public Involvement in Health.

  • F59Commission for Rural Communities.

  • F60...

  • F61The Committee on Climate Change.

  • F161 The company that was nominated under section 62 of the Postal Services Act 2000 (reorganisation of the Post Office: transfer of property etc to nominated company).

  • F62Competition Commission.

  • F63Competition Service

  • F157Compliance Officer for the Independent Parliamentary Standards Authority.

  • F64...

  • F65Consumer Council for Water.

  • F66Council for Healthcare Regulatory Excellence

  • F67...

  • F68Criminal Cases Review Commission

  • F69Crown 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.

  • F70Crown Agents Holding and Realisation Board.

  • C3F71...

  • F72...

  • F73A development agency established under section 1 of the Regional Development Agencies Act 1998.

  • Development Commission.

  • F74Director of Fair Access to Higher Education

  • F75...

  • F76Economic and Social Research Council.

  • F77Electoral Commission.

  • F78. . .

  • F79Engineering and Physical Sciences Research Council.

  • F80...

  • F81The Environment Agency

  • C3F82 Funding Agency for Schools

  • F83Further Education Funding Council for England.

  • F84...

  • F162Gangmasters Licensing Authority

  • F64...

  • F85General Social Care Council.

  • F86General Teaching Council for England.

  • F87General Teaching Council for Wales.

  • F83Higher Education Funding Council for England.

  • F88...

  • F89Historic Buildings and Monuments Commission for England

  • F90The Homes and Communities Agency.

  • F91Human Tissue Authority.

  • Imperial War Museum.

  • F92The Independent Parliamentary Standards Authority.

  • F93Information Commissioner.

  • F94Infrastructure Planning Commission.

  • Irish Sailors’ and Soldiers’ Land Trust.

  • F155...

  • F95The Legal Services Board.

  • F96The Legal Services Consultative Panel.

  • F97 The Legal Services Ombudsman

  • F98Local Better Regulation Office.

  • F153Local Government Boundary Commission for England.

  • London Museum.

  • F99The Lord Chancellor’s Advisory Committee on Legal Education and Conduct

  • F100. . .

  • F148The Marine Management Organisation.

  • F101Medical Research Council.

  • F102...

  • F103F104Monopolies and Mergers Commission.

  • F105National Audit Office

  • F55...

  • F106. . .

  • F107The National Consumer Council.

  • National Gallery.

  • F102...

  • F108National Lottery Commission.

  • National Maritime Museum.

  • F80...

  • F109National Policing Improvement Agency.

  • National Portrait Gallery.

  • National Savings Committee.

  • F110Natural England.

  • F111Natural Environment Research Council.

  • F112...

  • F102...

  • F113Nuclear Decommissioning Authority.

  • F114Occupational Pensions Regulatory Authority.

  • F159Office for Budget Responsibility.

  • F115Office of Communications.

  • F116...

  • F117Office of Fair Trading.

  • F149The Office of the Health Professions Adjudicator.

  • F118The Office for Legal Complaints.

  • F119Office for Tenants and Social Landlords.

  • F120Olympic Delivery Authority.

  • F121Olympic Lottery Distributor.

  • F122The Ombudsman for the Board of the Pension Protection Fund.

  • F150Passengers’ Council.

  • F123Pensions Compensation Board.

  • F124Pensions Ombudsman.

  • F125The Pensions Regulator.

  • F126Personal Accounts Delivery Authority

  • F127Police Information Technology Organisation

  • F160....

  • F160...

  • F161A Post Office company within the meaning of Part 1 of the Postal Services Act 2011.

  • F154Qualifications and Curriculum Development Agency

  • F128...

  • F129Rail Passengers’ Committees.

  • F151...

  • Remploy Limited.

  • F130Royal Botanic Gardens, Kew

  • Royal Greenwich Observatory.

  • F161A Royal Mail company within the meaning of Part 1 of the Postal Services Act 2011.

  • C3F131School Curriculum and Assessment Authority

  • C3F132...

  • F133Science Museum

  • F134Security Industry Authority.

  • F135Serious Organised Crime Agency.

  • F136...

  • F137...

  • F138The Simpler Trade Procedures Board.

  • Tate Gallery.

  • F139...

  • F140Technology Strategy Board.

  • F141Traffic Director for London

  • F142Training and Development Agency for Schools

  • F143. . .

  • F158The trustee corporation established by section 75 of the Pensions Act 2008.

  • Trustee Savings Banks Inspection Committee.

  • United Kingdom Atomic Energy Authority.

  • University Grants Committee.

  • F144Valuation Tribunal Service.

  • F145Victoria and Albert Museum

  • Wallace Collection.

  • War Works Commission.

  • F156Young People’s Learning Agency for England.

  • 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 F146....

F1473A

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.