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. | 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 |
PART 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.
F51The Child Poverty Commission.
F52Civil Nuclear Police Authority.
F53Coal Authority
Coal Industry Social Welfare Organisation.
F54Commission for Architecture and the Built Environment.
F55The Commission for Equality and Human Rights.
F56...
F57...
F58Commission on Industrial Relations
F59Commission for Patient and Public Involvement in Health.
F60Commission for Rural Communities.
F61...
F62The Committee on Climate Change.
F63Competition Commission.
F64Competition Service
F65Compliance Officer for the Independent Parliamentary Standards Authority.
F66...
F67Consumer Council for Water.
F68Council for Healthcare Regulatory Excellence
F69...
F70Criminal Cases Review Commission
F71Crown 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.
F72Crown Agents Holding and Realisation Board.
F73...
F74...
F75A development agency established under section 1 of the Regional Development Agencies Act 1998.
Development Commission.
F76Director of Fair Access to Higher Education
F77...
F78Economic and Social Research Council.
F79Electoral Commission.
F80. . .
F81Engineering and Physical Sciences Research Council.
F82...
F83The Environment Agency
F84 Funding Agency for Schools
F85 Further Education Funding Council for England.
F86...
F87Gangmasters Licensing Authority
F66...
F88General Social Care Council.
F89General Teaching Council for England.
F90General Teaching Council for Wales.
F85Higher Education Funding Council for England.
F91...
F92Historic Buildings and Monuments Commission for England
F93The Homes and Communities Agency.
F94Human Tissue Authority.
Imperial War Museum.
F95The Independent Parliamentary Standards Authority.
F96Information Commissioner.
F97Infrastructure Planning Commission.
Irish Sailors’ and Soldiers’ Land Trust.
F98...
F99The Legal Services Board.
F100The Legal Services Consultative Panel.
F101 The Legal Services Ombudsman
F102Local Better Regulation Office.
F103Local Government Boundary Commission for England.
London Museum.
F104The Lord Chancellor’s Advisory Committee on Legal Education and Conduct
F105. . .
F106The Marine Management Organisation.
F107Medical Research Council.
F108...
F111National Audit Office
F56...
F112. . .
F113The National Consumer Council.
National Gallery.
F108...
F114National Lottery Commission.
National Maritime Museum.
F82...
F115National Policing Improvement Agency.
National Portrait Gallery.
National Savings Committee.
F116Natural England.
F117Natural Environment Research Council.
F118...
F108...
F119Nuclear Decommissioning Authority.
F120Occupational Pensions Regulatory Authority.
F121Office of Communications.
F122...
F123Office of Fair Trading.
F124The Office of the Health Professions Adjudicator.
F125The Office for Legal Complaints.
F126Office for Tenants and Social Landlords.
F127Olympic Delivery Authority.
F128Olympic Lottery Distributor.
F129The Ombudsman for the Board of the Pension Protection Fund.
F130Passengers’ Council.
F131Pensions Compensation Board.
F132Pensions Ombudsman.
F133The Pensions Regulator.
F134Personal Accounts Delivery Authority
F135Police Information Technology Organisation
F136Post Office.
F137Post Office company (within the meaning of Part IV of the Postal Services Act 2000).
F138Qualifications and Curriculum Development Agency
F139...
F140Rail Passengers’ Committees.
F141...
Remploy Limited.
F142Royal Botanic Gardens, Kew
Royal Greenwich Observatory.
F143School Curriculum and Assessment Authority
F144...
F145Science Museum
F146Security Industry Authority.
F147Serious Organised Crime Agency.
F148...
F149...
F150The Simpler Trade Procedures Board.
Tate Gallery.
F151...
F152Technology Strategy Board.
F153Traffic Director for London
F154Training and Development Agency for Schools
F155. . .
F156The trustee corporation established by section 75 of the Pensions Act 2008.
Trustee Savings Banks Inspection Committee.
United Kingdom Atomic Energy Authority.
University Grants Committee.
F157Valuation Tribunal Service.
F158Victoria and Albert Museum
Wallace Collection.
War Works Commission.
F159Young 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 F160....
F1613A
(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:—
F162(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);
(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;
F163(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)
records of courts of quarter sessions:
(e)
records of magistrates’ courts;
(f)
records of coroners’ courts;
F164(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;
F165(ja)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(k)
records of F166. . . 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;
F167(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.
F168(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 F173and not being Welsh public records (as defined in F174the 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 Lord Chancellor and the Lord Chancellor 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.
F175SECOND SCHEDULE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F176THIRD SCHEDULE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F177FOURTH SCHEDULE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .