FIRST SCHEDULE Definition of Public Records
1
The provisions of this Schedule shall have effect for determining what are public records for the purposes of this Act.
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).
PART I | |
|---|---|
BODIES AND ESTABLISHMENTS UNDER GOVERNMENT DEPARTMENTS | |
Responsible Government Department | |
F4Department for Environment, Food and Rural Affairs. | F5... Agricultural Wages Committees. F6The Animal Sentience Committee. Organisation known as the “National Farm Survey”. Official seed testing station for England and Wales. |
F7Department for Science, Innovation and Technology | Meteorological Office. |
F8... | F9... |
F10Department of Health | National Health Service Authorities F11including F12F13NHS England F14, integrated care boards, F15Primary Care TrustsF16, National Health Service trusts and NHS foundation trusts other than local health authorities F17and 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). F18Commissioner for Patient Safety. F19Family Practitioner Committees F20for localities in England F21health service hospitals, within the meaning of the National Health Service Act 1977F22, 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, and records of private patients admitted under section five of the said Act. F23records of property passing to F24Regional, Area or District Health Authorities or special health authorities under sections 23 to 26 of the M1 National Health Service Reorganisation Act 1973 F25, 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 F26Regional, Area or District Health Authority or special health authority under section 21 or 22 of the said Act 1973F27, 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 F28records of trust property passing to F29F13NHS EnglandF30, an integrated care board, a F31Strategic Health Authority, Health Authority, Special Health Authority or Primary Care Trust by virtue of the Health Authorities Act 1995 F32, under section 213 of the National Health Service Act 2006 or section 161 of the National Health Service (Wales) Act 2006, F33... or held by F34F13NHS EnglandF30, an integrated care board or F35a Strategic Health Authority or a Health Authority under section 90 or 91 of F36the 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 F37by virtue of section 2 and section 13X of, or F38paragraph 23 of Schedule 1B to, that Act, or under paragraph 8 of Schedule 5 to the National Health Service (Wales) Act 2006. F39... |
Home Office | Office of Commissioner of Police of the Metropolis. Office of Receiver for the Metropolitan Police District. |
F40Department of Employment | National Dock Labour Board. National Institute of Houseworkers Limited. Wages Boards and Wages Councils. |
F41Department of Social Security | National Insurance Advisory Committee. Industrial Injuries Advisory Council. F42Attendance Allowance Board. National Insurance and Industrial Injuries Joint Authorities. Workmen’s Compensation Supplementation Board. Pneumoconiosis and Byssinosis Benefit Board. F43... F44... |
F45Department of Transport | Air Transport Advisory Council. Air Registration Board. F46Airworthiness Requirements Board, Civil Aviation Authority. F47Strategic Rail Authority. |
F48Ministry of Justice | F49Legal Aid Board F50... |
PART II
OTHER ESTABLISHMENTS AND ORGANISATIONS
F51...
F52An advocate for victims of major incidents appointed under Part 2 of the Victims and Prisoners Act 2024.
F53Advanced Research and Invention Agency.
Anglo-Egyptian Resettlement Board.
F54Armouries
F55...
F56The Big Lottery Fund.
F57The Board of the Pension Protection Fund.
F58The Board of Trustees of the National Museums and Galleries on Merseyside.
F59British Coal Corporation
F60British Council.
British Museum (including the Natural History Museum).
F61Care Council for Wales.
F62The Care Quality Commission F63and the Healthwatch England committee.
Catering Wages Commission.
F64Central Police Training and Development Authority
F65Child Maintenance and Enforcement Commission.
F66...
F67Civil Nuclear Police Authority.
F68Coal Authority
Coal Industry Social Welfare Organisation.
F69Commission for Architecture and the Built Environment.
F70The Commission for Equality and Human Rights.
F71...
F72...
F73Commission on Industrial Relations
F74Commission for Patient and Public Involvement in Health.
F75Commission for Rural Communities.
F76...
F77The Committee on Climate Change.
F78 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).
F79Competition and Markets Authority.
F80...
F81Competition Service
F82Compliance Officer for the Independent Parliamentary Standards Authority.
F83...
F84Consumer Council for Water.
F85...
F86...
F87Criminal Cases Review Commission
F88Crown 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.
F89Crown Agents Holding and Realisation Board.
F90...
F91...
F92A development agency established under section 1 of the Regional Development Agencies Act 1998.
Development Commission.
F93...
F94...
F55...
F95Electoral Commission.
F96...
F55...
F97...
F98The Environment Agency
F99 Funding Agency for Schools
F100Further Education Funding Council for England.
F101...
F102Gambling Commission.
F103Gangmasters and Labour Abuse Authority
F83...
F104General Social Care Council.
F105...
F106General Teaching Council for Wales.
F107...
F108Health Research Authority.
F109Health Services Safety Investigations Body (except for any record that is prohibited from being disclosed by section 122 of the Health and Care Act 2022).
F110...
F111...
F112Historic Buildings and Monuments Commission for England
F113The Homes and Communities Agency.
F114Human Tissue Authority.
Imperial War Museum.
F115Independent Monitoring Authority for the Citizens’ Rights Agreements.
F116Independent Office for Police Conduct.
F117The Independent Parliamentary Standards Authority.
F118The Independent System Operator and Planner designated in accordance with section 162 of the Energy Act 2023.
F119The Infected Blood Compensation Authority.
F120Information Commissioner.
F121Infrastructure Planning Commission.
Irish Sailors’ and Soldiers’ Land Trust.
F122...
F123The Legal Services Board.
F124The Legal Services Consultative Panel.
F125...
F126Local Better Regulation Office.
F127Local Government Boundary Commission for England.
London Museum.
F128The Lord Chancellor’s Advisory Committee on Legal Education and Conduct
F129...
F130The Marine Management Organisation.
F132...
F133Money and Pensions Service.
F134...
F135National Audit Office
F71...
F136The National Citizen Service Trust.
F137The National Data Guardian for Health and Social Care.
F138...
F139...
National Gallery.
F132...
F140...
National Maritime Museum.
F97...
F141...
National Portrait Gallery.
National Savings Committee.
F142Natural England.
F55...
F143...
F132...
F144Nuclear Decommissioning Authority.
F145Occupational Pensions Regulatory Authority.
F146Office for Budget Responsibility.
F147Office of Communications.
F148...
F80...
F149The Office for Environmental Protection.
F150The Office of the Health Professions Adjudicator.
F151The Office for Legal Complaints.
F152Office for Nuclear Regulation
F153Office for Students.
F154...
F155...
F156Olympic Lottery Distributor.
F157The Ombudsman for the Board of the Pension Protection Fund.
F158Passengers’ Council.
F159Pensions Compensation Board.
F160Pensions Ombudsman.
F161The Pensions Regulator.
F162...
F163Police Information Technology Organisation
F164....
F164...
F78A Post Office company within the meaning of Part 1 of the Postal Services Act 2011.
F165The Professional Standards Authority for Health and Social Care
F166...
F167...
F168Rail Passengers’ Committees.
F169...
F170The Registrar of Consultant Lobbyists
F171The Regulator of Social Housing
Remploy Limited.
F172Royal Botanic Gardens, Kew
Royal Greenwich Observatory.
F78A Royal Mail company within the meaning of Part 1 of the Postal Services Act 2011.
F173School Curriculum and Assessment Authority
F174...
F175Science Museum
F176Service Police Complaints Commissioner.
F177Security Industry Authority.
F178...
F179...
F180...
F181The Simpler Trade Procedures Board.
F182...
F183Social Mobility and Child Poverty Commission
F184A strategic highways company for the time being appointed under Part 1 of the Infrastructure Act 2015.
Tate Gallery.
F185...
F55...
F186Trade Remedies Authority.
F187Traffic Director for London
F188...
F189...
F190The trustee corporation established by section 75 of the Pensions Act 2008.
Trustee Savings Banks Inspection Committee.
United Kingdom Atomic Energy Authority.
F191United Kingdom Research and Innovation.
University Grants Committee.
F192Valuation Tribunal Service.
F193Victoria and Albert Museum
Wallace Collection.
War Works Commission.
F194...
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 F195....
F1963A
(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.
Records of courts and tribunals
4
(1)
Subject to the provisions of this paragraph, records of the following descriptions shall be public records for the purposes of this Act:—
F197(za)
records of the Supreme Court;
(a)
records of, or held in any department of, the Supreme Court (including any court held under a commission of assize);
F198(aa)
records of the family court;
(b)
records of county courts and of any other superior or inferior court of record established since the passing of the M2County Courts Act 1846;
F199(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)
records of courts of quarter sessions:
(e)
records of magistrates’ courts;
(f)
records of coroners’ courts;
F200(fa)
records of the Court Martial, the Summary Appeal Court or the Service Civilian Court;
(g)
records of courts-martial held whether within or outside the United Kingdom by any of Her Majesty’s forces raised in the United Kingdom;
(h)
records of naval courts held whether within or outside the United Kingdom under the enactments relating to merchant shipping;
(i)
records of any court exercising jurisdiction held by Her Majesty within a country outside Her dominions;
(j)
records of any tribunal (by whatever name called)—
(i)
which has jurisdiction connected with any functions of a department of Her Majesty’s Government in the United Kingdom; or
(ii)
which has jurisdiction in proceedings to which such a government department is a party or to hear appeals from decisions of such a government department;
F201(ja)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(k)
records of F202. . . any Rent Tribunal or Local Valuation Court;
(l)
records of the Industrial Court, of the Industrial Disputes Tribunal, and of the National Arbitration Tribunal (which was replaced by the Industrial Disputes Tribunal);
(m)
records of umpires and deputy-umpires appointed under the M3National Service Act 1948, or the M4Reinstatement in Civil Employment Act 1944;
(n)
records of ecclesiastical courts when exercising the testamentary and matrimonial jurisdiction removed from them by the M5Court of Probate Act 1857, and the M6Matrimonial Causes Act 1857, respectively;
F203(nn)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(o)
records of such other courts or tribunals (by whatever name called) as the Lord Chancellor may by order contained in a statutory instrument specify.
F204(1A)
Records of, or held in any department of, the Supreme Court within sub-paragraph (1)(a) of this paragraph include the records of the Chancery Court of the county palatine of Lancaster and the Chancery Court of the county palatine of Durham (which were abolished by the Courts Act 1971).
(1B)
Records of county courts within sub-paragraph (1)(b) of this paragraph include the records of the following courts (which were abolished by the Courts Act 1971)—
(a)
the Tolzey and Pie Poudre Courts of the City and County of Bristol;
(b)
the Liverpool Court of Passage;
(c)
the Norwich Guildhall Court; and
(d)
the Court of Record for the Hundred of Salford.
(2)
This paragraph shall not apply to any court or tribunal whose jurisdiction extends only to Scotland or Northern Ireland.
(3)
In this paragraph “records” includes records of any proceedings in the court or tribunal in question and includes rolls, writs, books, decrees, bills, warrants and accounts of, or in the custody of, the court or tribunal in question.
Records of the Chancery of England
5
Records in Public Record Office
6
Without prejudice to the foregoing provisions of this Schedule, public records for the purposes of this Act shall include—
(a)
all records within the meaning of the M7Public Record Office Act 1838, or to which that Act was applied, which at the commencement of this Act are in the custody of the Master of the Rolls in pursuance of that Act, and
(b)
all records (within the meaning of the said Act or to which that Act was applied) which at the commencement of this Act are in the Public Record Office and, in pursuance of the said Act, under the charge and superintendence of the Master of the Rolls, and
Power to add further categories of records and to determine cases of doubt
7
(1)
Without prejudice to the Lord Chancellor’s power of making orders under paragraph 4 of this Schedule, Her Majesty may by Order in Council direct that any description of records not falling within the foregoing provisions of this Schedule F209and not being Welsh public records (as defined in F210the Government of Wales Act 2006) shall be treated as public records for the purposes of this Act but no recommendation shall be made to Her Majesty in Council to make an Order under this sub-paragraph unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament.
(2)
A question whether any records or description of records are public records for the purposes of this Act shall be referred to and determined by the F211Secretary of State and the F211Secretary of State shall include his decisions on such questions in his annual report to Parliament and shall from time to time compile and publish lists of the departments, bodies, establishments, courts and tribunals comprised in paragraphs 2, 3 and 4 of this Schedule and lists describing more particularly the categories of records which are, or are not, public records as defined in this Schedule.
Interpretation
8
It is hereby declared that any description of government department, court, tribunal or other body or establishment in this Schedule by reference to which a class of public records is framed extends to a government department, court, tribunal or other body or establishment, as the case may be, which has ceased to exist, whether before or after the passing of this Act.