Parliamentary Commissioner Act 1967 (c. 13)

Parliamentary Commissioner Act 1967

1967 CHAPTER 13

An Act to make provision for the appointment and functions of a Parliamentary Commissioner for the investigation of administrative action taken on behalf of the Crown, and for purposes connected therewith.

[22nd March 1967]

Extent Information

E1 For application to Northern Ireland see s. 13

Modifications etc. (not altering text)

C1 Act: for any reference to the Education Assets Board there is substituted (1.10.1998) a reference to the Education Transfer Council by virtue of 1998 c. 31, s. 136; S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I

C2 Act modified (E.W.) (31.3.1991) by S.I. 1991/517, art. 6(2).

Act modified (E.W.) (28.3.1991) by S.I. 1991/710, art. 9(2)

C3 Act modified by S.I. 1989/814, art. 15(2), by S.I. 1989/1359, art. 15(2) and by S.I. 1989/2470, art. 16(2)

C4 Act modified (E.W.) (11.3.1992 for specified purposes and 1.6.1992 otherwise) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 21(8), Sch. para. 7(2); S.I. 1992/725, arts.2, 3.

C5 Act modified (E.W.) by Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 79, 175, 195, 208, Sch. 6 para. 8(2)

C6 Act amended by 1990/419, art. 18(2) and by 1990/1024, art. 14(2)

C7 Act applied (with modifications) (30.9.1992) by S.I. 1992/2257, art. 16(2).

C8 Act modified (E.W.S.) (1.1.1993) by Transport and Works Act 1992 (c. 42), s. 23(10); S.I. 1992/2784, art. 2(a), Sch. 1.

Act extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 17

Act extended (1.4.1995) by S.I. 1995/401, art. 9

Act modified (S.) (27.5.1997) by 1997 c. 8, ss. 48, 131, 154, 169, 180, Sch. 4 para. 8(2) (with ss. 64, 219)

Act modified (S.) (27.5.1997) by 1997 c. 9, ss. 20(4), 35(5), Sch. 3 para. 7(2) (with s. 45(5))

Act modified (S.) (27.5.1997) by 1997 c. 10, ss.19, 40(2), Sch. para. 7(2) (with ss. 9(3), 10(5), 38(6))

Act modified (3.3.1999) by S.I. 1999/527, art. 6

Act modified (1.4.2002) by S.I. 2001/3962, art. 7(2)

Commencement Information

I1 Act wholly in force at 1.4.1967 see s. 14(2).

The Parliamentary Commissioner for Administration U.K.

1 Appointment and tenure of office. U.K.

(1) For the purpose of conducting investigations in accordance with the following provisions of this Act there shall be appointed a Commissioner, to be known as the Parliamentary Commissioner for Administration.

(2) Her Majesty may by Letters Patent from time to time appoint a person to be the Commissioner, and any person so appointed shall (subject to [F1 Subsections (3) and (3A)] of this section) hold office during good behaviour.

(3) A person appointed to be the Commissioner may be relieved of office by Her Majesty at his own request, or may be removed from office by Her Majesty in consequence of Addresses from both Houses of Parliament, and shall in any case vacate office on completing the year of service in which he attains the age of sixty-five years.

[F2 (3A) Her Majesty may declare the office of Commissioner to have been vacated if satisfied that the person appointed to be the Commissioner is incapable for medical reasons—

(a) of performing the duties of his office; and

(b) of requesting to be relieved of it.]

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F1 Words substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 2(1)(a)

F2 S. 1(3A) inserted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 2(1)(b)

F3 S. 1(4) repealed by House of Commons Disqualification Act 1975 (c. 24, SIF 89), Sch. 3 and Northern Ireland Assembly Disqualification Act 1975 (c. 25, SIF 29:3), Sch. 3 Pt. I

F4 S. 1(5) repealed by Tribunals and Inquiries Act 1971 (c. 62, SIF 127), Sch. 4 Pt. I

2 Salary and pension. U.K.

[F5 (1) There shall be paid to the holder of the office of Commissioner the same salary as if he were employed in the civil service of the State in such appointment as the House of Commons may by resolution from time to time determine; and a resolution under this subsection may take effect from the date on which it is passed or from such other date as may be specified in the resolution.

(2) In relation to any time before the first resolution under subsection (1) above takes effect, the salary payable to the holder of the office of Commissioner shall be the same salary as if he were employed in the civil service of the State as a Permanent Secretary.]

(3) The provisions of Schedule 1 to this Act shall have effect with respect to the pensions and other benefits to be paid to or in respect of persons who have held office as Commissioner.

(4) The salary payable to a holder of the office of Commissioner shall be abated by the amount of any pension payable to him in respect of any public office in the United Kingdom or elsewhere to which he had previously been appointed or elected; . . . F6

[F7 (4A) In computing the salary of a former holder of the office of Commissioner for the purposes of the said Schedule 1—

(a) any abatement of that salary under subsection (4) above,

(b) any temporary abatement of that salary in the national interest, and

(c) any voluntary surrender of that salary in whole or in part,

shall be disregarded.]

(5) Any salary, pension or other benefit payable by virtue of this section shall be charged on and issued out of the Consolidated Fund.

Textual Amendments

F5 S. 2(1)(2) substituted (1.1.1975) by Parliamentary and other Pensions and Salaries Act 1976 (c. 48, SIF 89), s 6(2)(5)

F6 Words repealed (1.1.1975) by Parliamentary and other Pensions and Salaries Act 1976 (c. 48, SIF 89), s 6(4)(5), Sch.

F7 S. 2(4A) inserted (1.1.1975) by Parliamentary and other Pensions and Salaries Act 1976 (c. 48, SIF 89), s. 6(4)(5).

3 Administrative provisions. U.K.

(1) The Commissioner may appoint such officers as he may determine with the approval of the Treasury as to numbers and conditions of service.

(2) Any function of the Commissioner under this Act may be performed by any officer of the Commissioner authorised for that purpose by the Commissioner [F8 , by any member of the staff so authorised of the Welsh Administration Ombudsman or of the Health Service Commissioner for Wales or by any officer so authorised of the Health Service Commissioner for England or of the Health Service Commissioner for Scotland.]

(3) The expenses of the Commissioner under this Act, to such amount as may be sanctioned by the Treasury, shall be defrayed out of moneys provided by Parliament.

Textual Amendments

F8 Words in s. 3(2) substituted (1.7.1999) by 1998 c. 38, s. 125, Sch. 12 para. 5 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

Modifications etc. (not altering text)

C9 S. 3(2) extended (1.7.1999) by S.I. 1999/1351, arts. 1, 17(1)(a) (with art.3); S.I. 1998/3178, art. 3

[F9 3A Appointment of acting Commissioner. U.K.

(1) Where the office of Commissioner becomes vacant, Her Majesty may, pending the appointment of a new Commissioner, appoint a person under this section to act as the Commissioner at any time during the period of twelve months beginning with the date on which the vacancy arose.

(2) A person appointed under this section shall hold office during Her Majesty’s pleasure and, subject to that, shall hold office—

(a) until the appointment of a new Commissioner or the expiry of the period of twelve months beginning with the date on which the vacancy arose, whichever occurs first; and

(b) in other respects, in accordance with the terms and conditions of his appointment which shall be such as the Treasury may determine.

(3) A person appointed under this section shall, while he holds office, be treated for all purposes, except those of section 2 of this Act, as the Commissioner.

(4) Any salary, pension or other benefit payable by virtue of this section shall be charged on and issued out of the Consolidated Fund].

Textual Amendments

F9 S. 3(3A) inserted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 6(1)

Investigation by the Commissioner U.K.

[F10 4 Departments etc. subject to investigation. U.K.

(1) Subject to the provisions of this section and to the notes contained in Schedule 2 to this Act, this Act applies to the government departments, corporations and unincorporated bodies listed in that Schedule; and references in this Act to an authority to which this Act applies are references to any such corporation or body.

(2) Her Majesty may by Order in Council amend Schedule 2 to this Act by the alteration of any entry or note, the removal of any entry or note or the insertion of any additional entry or note.

(3) An Order in Council may only insert an entry if—

(a) it relates—

(i) to a government department; or

(ii) to a corporation or body whose functions are exercised on behalf of the Crown; or

(b) it relates to a corporation or body—

(i) which is established by virtue of Her Majesty’s prerogative or by an Act of Parliament or an Order in Council or order made under an Act of Parliament or which is established in any other way by a Minister of the Crown in his capacity as a Minister or by a government department;

(ii) at least half of whose revenues derive directly from money provided by Parliament, a levy authorised by an enactment, a fee or charge of any other description so authorised or more than one of those sources; and

(iii) which is wholly or partly constituted by appointment made by Her Majesty or a Minister of the Crown or government department.

[F11 (3A) No entry shall be made if the result of making it would be that the Parliamentary Commissioner could investigate action which can be investigated by the Welsh Administration Ombudsman under Schedule 9 to the Government of Wales Act 1998.]

[F12 (3B) No entry shall be made in respect of–

(a) the Scottish Administration of any part of it;

(b) any Scottish public authority with mixed functions or no reserved functions within the meaning of the Scotland Act 1998; or

(c) the Scottish Parliamentary Corporate Body.]

(4) No entry shall be made in respect of a corporation or body whose sole activity is, or whose main activities are, included among the activities specified in subsection (5) below.

(5) The activities mentioned in subsection (4) above are—

(a) the provision of education, or the provision of training otherwise than under the M1 Industrial Training Act 1982;

(b) the development of curricula, the conduct of examinations or the validation of educational courses;

(c) the control of entry to any profession or the regulation of the conduct of members of any profession;

(d) the investigation of complaints by members of the public regarding the actions of any person or body, or the supervision or review of such investigations or of steps taken following them.

(6) No entry shall be made in respect of a corporation or body operating in an exclusively or predominantly commercial manner or a corporation carrying on under national ownership an industry or undertaking or part of an industry or undertaking.

(7) Any statutory instrument made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8) In this Act—

(a) any reference to a government department to which this Act applies includes a reference to any of the Ministers or officers of such a department; and

(b) any reference to an authority to which this Act applies includes a reference to any members or officers of such an authority].

Textual Amendments

F10 S. 4 substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 1(1)

F11 S. 4(3A) inserted (1.7.1999) by 1998 c. 38, s. 125, Sch. 12 para. 6 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F12 S. 4(3B) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(1)(2)

Marginal Citations

M1 1982 c. 10(43:1).

5 Matters subject to investigation. U.K.

(1) Subject to the provisions of this section, the Commissioner may investigate any action taken by or on behalf of a government department or other authority to which this Act applies, being action taken in the exercise of administrative functions of that department or authority, in any case where—

(a) a written complaint is duly made to a member of the House of Commons by a member of the public who claims to have sustained injustice in consequence of maladministration in connection with the action so taken; and

(b) the complaint is referred to the Commissioner, with the consent of the person who made it, by a member of that House with a request to conduct an investigation thereon.

(2) Except as hereinafter provided, the Commissioner shall not conduct an investigation under this Act in respect of any of the following matters, that is to say—

(a) any action in respect of which the person aggrieved has or had a right of appeal, reference or review to or before a tribunal constituted by or under any enactment or by virtue of Her Majesty’s prerogative;

(b) any action in respect of which the person aggrieved has or had a remedy by way of proceedings in any court of law:

Provided that the Commissioner may conduct an investigation notwithstanding that the person aggrieved has or had such a right or remedy if satisfied that in the particular circumstances it is not reasonable to expect him to resort or have resorted to it.

[F13 (2A) Subsection (2)(a) of this section shall have effect in relation to the right of a person to make a complaint of unlawful discrimination under the Fair Employment and Treatment (Northern Ireland) Order 1998 as if it were such a right of appeal, reference or review as is mentioned in that subsection.]

(3) Without prejudice to subsection (2) of this section, the Commissioner shall not conduct an investigation under this Act in respect of any such action or matter as is described in Schedule 3 to this Act.

(4) Her Majesty may by Order in Council amend the said Schedule 3 so as to exclude from the provisions of that Schedule such actions or matters as may be described in the Order; and any statutory instrument made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) In determining whether to initiate, continue or discontinue an investigation under this Act, the Commissioner shall, subject to the foregoing provisions of this section, act in accordance with his own discretion; and any question whether a complaint is duly made under this Act shall be determined by the Commissioner.

[F14 (5A) For the purposes of this section, administrative functions of a government department to which this Act applies include functions exercised by the department on behalf of the Scottish Ministers by virtue of section 93 of the Scotland Act 1998.

(5B) The Commissioner shall not conduct an investigation under this Act in respect of any action concerning Scotland and not relating to reserved matters which is taken by or on behalf of a cross-border public authority within the meaning of the Scotland Act 1998.]

[F15 (6) For the purposes of this section, administrative functions exercisable by any person appointed by the Lord Chancellor as a member of the administrative staff of any court or tribunal shall be taken to be administrative functions of the Lord Chancellor’s Department or, in Northern Ireland, of the Northern Ireland Court Service.]

[F16 (7) For the purposes of this section, administrative functions exercisable by any person appointed as a member of the administrative staff of a relevant tribunal—

(a) by a government department or authority to which this Act applies; or

(b) with the consent (whether as to remuneration and other terms and conditions of service or otherwise) of such a department or authority,

shall be taken to be administrative functions of that department or authority.

(8) In subsection (7) of this section, “relevant tribunal” means a tribunal listed in Schedule 4 to this Act.

(9) Her Majesty may by Order in Council amend the said Schedule 4 by the alteration or removal of any entry or the insertion of any additional entry; and any statutory instrument made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

[F17 (9A) No entry shall be made in the said Schedule 4 in respect of the holder of any office in the Scottish Administration which is not a ministerial office or in respect of any Scottish public authority with mixed functions or no reserved functions within the meaning of the Scotland Act 1998.]

Textual Amendments

F13 S. 5(2A) inserted (N.I.) (1.3.1999) by S.I. 1998/3162 (N.I. 21), art. 1(2), Sch. 3; S.R. 1999/81, art. 3

F14 S. 5(5A)(5B) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(3)(a)

F15 S. 5(6) added by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 110(1)

F16 S. 5(7)-(9) inserted (5.9.1994) by 1994 c. 14, ss. 1(1), 3(2)

F17 S. 5(9A) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(3)(b)

Modifications etc. (not altering text)

C10 S. 5 modified (1.10.1998) by 1998 c. 31, ss. 25, 145(3), Sch. 5 para. 9 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt. I

C11 S. 5(2)(a) extended by Fair Employment (Northern Ireland) Act 1976 (c. 25, SIF 43:1), s. 58(2)(a)

C12 S. 5(2)(b) excluded by Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), s. 22

S. 5(2)(b) excluded (2.12.1999) by 1998 c. 47, s. 78(2)(a); S.I. 1999/3209, art. 2, Sch.

6 Provisions relating to complaints. U.K.

(1) A complaint under this Act may be made by any individual, or by any body of persons whether incorporated or not, not being—

(a) a local authority or other authority or body constituted for purposes of the public service or of local government or for the purposes of carrying on under national ownership any industry or undertaking or part of an industry or undertaking;

[F18 (b) any other authority or body within subsection (1A) below.

(1A) An authority or body is within this subsection if–

(a) its members are appointed by–

(i) Her Majesty;

(ii) any Minister of the Crown;

(iii) any government department;

(iv) the Scottish Ministers;

(v) the First Minister; or

(vi) the Lord Advocate, or

(b) its revenues consist wholly or mainly of–

(i) money provided by Parliament; or

(ii) sums payable out of the Scottish Consolidated Fund (directly or indirectly).]

(2) Where the person by whom a complaint might have been made under the foregoing provisions of this Act has died or is for any reason unable to act for himself, the complaint may be made by his personal representative or by a member of his family or other individual suitable to represent him; but except as aforesaid a complaint shall not be entertained under this Act unless made by the person aggrieved himself.

(3) A complaint shall not be entertained under this Act unless it is made to a member of the House of Commons not later than twelve months from the day on which the person aggrieved first had notice of the matters alleged in the complaint; but the Commissioner may conduct an investigation pursuant to a complaint not made within that period if he considers that there are special circumstances which make it proper to do so.

(4) [F19 Except as provided in subsection (5) below] A complaint shall not be entertained under this Act unless the person aggrieved is resident in the United Kingdom (or, if he is dead, was so resident at the time of his death) or the complaint relates to action taken in relation to him while he was present in the United Kingdom or on an installation in a designated area within the meaning of the M2 Continental Shelf Act 1964 or on a ship registered in the United Kingdom or an aircraft so registered, or in relation to rights or obligations which accrued or arose in the United Kingdom or on such an installation, ship or aircraft.

[F20 (5) A complaint may be entertained under this Act in circumstances not falling within subsection (4) above where—

(a) the complaint relates to action taken in any country or territory outside the United Kingdom by an officer (not being an honorary consular officer) in the exercise of a consular function on behalf of the Government of the United Kingdom; and

(b) the person aggrieved is a citizen of the United Kingdom and Colonies who, under section 2 of the M3 Immigration Act 1971, has the right of abode in the United Kingdom.]

Textual Amendments

F18 S. 6(1)(b)(1A) substituted for s. 6(1)(b) (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(4)

F19 Words inserted by Parliamentary Commissioner (Consular Complaints) Act 1981 (c. 11, SIF 89), s. 1.

F20 S. 6(5) inserted by Parliamentary Commissioner (Consular Complaints) Act 1981 (c. 11, SIF 89) s. 1.

Modifications etc. (not altering text)

C13 S. 6(3) modified by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 10(4)

Marginal Citations

M2 1964 c. 29(86).

M3 1971 c. 77(101A:1)

7 Procedure in respect of investigations. U.K.

(1) Where the Commissioner proposes to conduct an investigation pursuant to a complaint under this Act, he shall afford to the principal officer of the department or authority concerned, and to any other person who is alleged in the complaint to have taken or authorised the action complained of, an opportunity to comment on any allegations contained in the complaint.

(2) Every such investigation shall be conducted in private, but except as aforesaid the procedure for conducting an investigation shall be such as the Commissioner considers appropriate in the circumstances of the case; and without prejudice to the generality of the foregoing provision the Commissioner may obtain information from such persons and in such manner, and make such inquiries, as he thinks fit, and may determine whether any person may be represented, by counsel or solicitor or otherwise, in the investigation.

(3) The Commissioner may, if he thinks fit, pay to the person by whom the complaint was made and to any other person who attends or furnishes information for the purposes of an investigation under this Act—

(a) sums in respect of expenses properly incurred by them;

(b) allowances by way of compensation for the loss of their time,

in accordance with such scales and subject to such conditions as may be determined by the Treasury.

(4) The conduct of an investigation under this Act shall not affect any action taken by the department or authority concerned, or any power or duty of that department or authority to take further action with respect to any matters subject to the investigation; but where the person aggrieved has been removed from the United Kingdom under any Order in force under the M4 Aliens Restriction Acts 1914 M5 and 1919 or under [F21 the M6 Immigration Act 1971], he shall, if the Commissioner so directs, be permitted to re-enter and remain in the United Kingdom, subject to such conditions as the Secretary of State may direct, for the purposes of the investigation.

Textual Amendments

F21 Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a)

Modifications etc. (not altering text)

C14 S. 7 applied with modifications (S.) by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), s. 95

Marginal Citations

M4 1914 c. 12.

M5 1919 c. 92(62).

M6 1971 c. 77(62).

8 Evidence. U.K.

(1) For the purposes of an investigation under this Act the Commissioner may require any Minister, officer or member of the department or authority concerned or any other person who in his opinion is able to furnish information or produce documents relevant to the investigation to furnish any such information or produce any such document.

(2) For the purposes of any such investigation the Commissioner shall have the same powers as the Court in respect of the attendance and examination of witnesses (including the administration of oaths or affirmations and the examination of witnesses abroad) and in respect of the production of documents.

(3) No obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to persons in Her Majesty’s service, whether imposed by any enactment or by any rule of law, shall apply to the disclosure of information for the purposes of an investigation under this Act; and the Crown shall not be entitled in relation to any such investigation to any such privilege in respect of the production of documents or the giving of evidence as is allowed by law in legal proceedings.

(4) No person shall be required or authorised by virtue of this Act to furnish any information or answer any question relating to proceedings of the Cabinet or of any committee of the Cabinet or to produce so much of any document as relates to such proceedings; and for the purposes of this subsection a certificate issued by the Secretary of the Cabinet with the approval of the Prime Minister and certifying that any information, question, document or part of a document so relates shall be conclusive.

(5) Subject to subsection (3) of this section, no person shall be compelled for the purposes of an investigation under this Act to give any evidence or produce any document which he could not be compelled to give or produce in [F22 civil] proceedings before the Court.

Textual Amendments

F22 Word inserted (E.W.) by Civil Evidence Act 1968 (c. 64, SIF 47), s. 17(1)(b)

Modifications etc. (not altering text)

C15 S. 8 applied with modifications (S.) by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), s. 95

9 Obstruction and contempt. U.K.

(1) If any person without lawful excuse obstructs the Commissioner or any officer of the Commissioner in the performance of his functions under this Act, or is guilty of any act or omission in relation to an investigation under this Act which, if that investigation were a proceeding in the Court, would constitute contempt of court, the Commissioner may certify the offence to the Court.

(2) Where an offence is certified under this section, the Court may inquire into the matter and, after hearing any witnesses who may be produced against or on behalf of the person charged with the offence, and after hearing any statement that may be offered in defence, deal with him in any manner in which the Court could deal with him if he had committed the like offence in relation to the Court.

(3) Nothing in this section shall be construed as applying to the taking of any such action as is mentioned in subsection (4) of section 7 of this Act.

Modifications etc. (not altering text)

C16 S. 9 applied with modifications (S.) by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), s. 95

10 Reports by Commissioner. U.K.

(1) In any case where the Commissioner conducts an investigation under this Act or decides not to conduct such an investigation, he shall send to the member of the House of Commons by whom the request for investigation was made (or if he is no longer a member of that House, to such member of that House as the Commissioner thinks appropriate) a report of the results of the investigation or, as the case may be, a statement of his reasons for not conducting an investigation.

(2) In any case where the Commissioner conducts an investigation under this Act, he shall also send a report of the results of the investigation to the principal officer of the department or authority concerned and to any other person who is alleged in the relevant complaint to have taken or authorised the action complained of.

(3) If, after conducting an investigation under this Act, it appears to the Commissioner that injustice has been caused to the person aggrieved in consequence of maladministration and that the injustice has not been, or will not be, remedied, he may, if he thinks fit, lay before each House of Parliament a special report upon the case.

(4) The Commissioner shall annually lay before each House of Parliament a general report on the performance of his functions under this Act and may from time to time lay before each House of Parliament such other reports with respect to those functions as he thinks fit.

(5) For the purposes of the law of defamation, any such publication as is hereinafter mentioned shall be absolutely privileged, that is to say—

(a) the publication of any matter by the Commissioner in making a report to either House of Parliament for the purposes of this Act;

(b) the publication of any matter by a member of the House of Commons in communicating with the Commissioner or his officers for those purposes or by the Commissioner or his officers in communicating with such a member for those purposes;

(c) the publication by such a member to the person by whom a complaint was made under this Act of a report or statement sent to the member in respect of the complaint in pursuance of subsection (1) of this section;

(d) the publication by the Commissioner to such a person as is mentioned in subsection (2) of this section of a report sent to that person in pursuance of that subsection.

11 Provision for secrecy of information. U.K.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

(2) Information obtained by the Commissioner or his officers in the course of or for the purposes of an investigation under this Act shall not be disclosed except—

(a) for the purposes of the investigation and of any report to be made thereon under this Act;

(b) for the purposes of any proceedings for an offence under [F24 the Official Secrets Acts 1911 to 1989] alleged to have been committed in respect of information obtained by the Commissioner or any of his officers by virtue of this Act or for an offence of perjury alleged to have been committed in the course of an investigation under this Act or for the purposes of an inquiry with a view to the taking of such proceedings; or

(c) for the purposes of any proceedings under section 9 of this Act;

and the Commissioner and his officers shall not be called upon to give evidence in any proceedings (other than such proceedings as aforesaid) of matters coming to his or their knowledge in the course of an investigation under this Act.

[F25 (2A) Where the Commissioner also holds office as [F26 Welsh Administration Ombudsman or] a Health Service Commissioner and a person initiates a complaint to him in his capacity as [F27 Welsh Administration Ombudsman or a Health Service Commissioner] which relates partly to a matter with respect to which that person has previously initiated a complaint under this Act, or subsequently initiates such a complaint, information obtained by the Commissioner or his officers in the course of or for the purposes of investigating the complaint under this Act may be disclosed for the purposes of his carrying out his functions in relation to the other complaint.]

(3) A Minister of the Crown may give notice in writing to the Commissioner, with respect to any document or information specified in the notice, or any class of documents or information so specified, that in the opinion of the Minister the disclosure of that document or information, or of documents or information of that class, would be prejudicial to the safety of the State or otherwise contrary to the public interest; and where such a notice is given nothing in this Act shall be construed as authorising or requiring the Commissioner or any officer of the Commissioner to communicate to any person or for any purpose any document or information specified in the notice, or any document or information of a class so specified.

(4) The references in this section to a Minister of the Crown include references to the Commissioners of Customs and Excise and the Commissioners of Inland Revenue.

Textual Amendments

F23 S. 11(1) repealed by Official Secrets Act 1989 (c. 6, SIF 39:2), s. 16(4), Sch. 2

F24 Words substituted by Official Secrets Act 1989 (c. 6, SIF 39:2), s. 16(3), Sch. 1 para. 1

F25 S. 11(2A) inserted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 4(1)

F26 Words in s. 11(2A) substituted (1.4.1999) by 1998 c. 38, ss. 125, 158, Sch. 12 para. 7(a) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F27 Words in s. 11(2A) substituted (1.4.1999) by 1998 c. 38, ss. 125, 158, Sch. 12 para. 7(b) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

Modifications etc. (not altering text)

C17 S. 11 applied with modifications (S.) by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), s. 95

C18 S. 11(2) excluded (S.) by Local Government (Scotland) Act 1975 (c. 30, SIF 81:2), s. 31(5)

C19 S. 11(2A) extended (1.7.1999) by S.I. 1999/1351, arts. 1, 17(1)(b); S.I. 1998/3178, art. 3

[F28 11A Consultations between Parliamentary Commissioner and [F29 Welsh Administration Ombudsman or] Health Service Commissioners. U.K.

(1) Where, at any stage in the course of conducting an investigation under this Act, the Commissioner forms the opinion that the complaint relates partly to a matter within the jurisdiction of [F30 the Welsh Administration Ombudsman or of] the Health Service Commissioner for England, Wales or Scotland, he shall—

(a) unless he also holds [F31 the office concerned], consult about the complaint with him; and

(b) if he considers it necessary, inform the person initiating the complaint under [F32 the Government of Wales Act 1998 or] this Act of the steps necessary to initiate a complaint under [F33 the Health Service Commissioners Act 1993.]

(2) Where by virtue of subsection (1) above the Commissioner consults with the [F34 Welsh Administration Ombudsman or a] Health Service Commissioner in relation to a complaint under this Act, he may consult him about any matter relating to the complaint, including—

(a) the conduct of any investigation into the complaint; and

(b) the form, content and publication of any report of the results of such an investigation.

(3) Nothing in section 11(2) of this Act shall apply in relation to the disclosure of information by the Commissioner or any of his officers in the course of consultations held in accordance with this section].

Textual Amendments

F28 S. 11A inserted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 4(2)

F29 Words in sidenote inserted (1.7.1999) by 1998 c. 38, s. 125, Sch. 12 para. 8(4) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F30 Words in s. 11A(1) substituted (1.7.1999) by 1998 c. 38, s. 125, Sch. 12 para. 8(2)(a) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F31 Words in s. 11A(1)(a) substituted (1.7.1999) by 1998 c. 38, s. 125, Sch. 12 para. 8(2)(b) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F32 Words in s. 11A(1)(b) substituted (1.7.1999) by 1998 c. 38, s. 125, Sch. 12 para. 8(2)(c) (with ss. 139(2), 158(2)); S.I. 1999/1290, art. 4

F33 Words in s. 11A(1)(b) substituted (5.2.1994) by 1993 c. 46, ss. 20, 22(4), Sch. 2 para. 1

F34 Words in s. 11A(2) inserted (1.7.1999) by 1998 c. 38, s. 125, Sch. 12 para. 8(3) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

Modifications etc. (not altering text)

C20 S. 11A extended (1.7.1999) by S.I. 1999/1351, arts. 1, 17(1)(c); S.I. 1998/3178, art. 3

Valid from 01/08/2007

[F35 11ZAA Collaborative working between the Parliamentary Commissioner and other Commissioners U.K.

(1) If at any stage in the course of conducting an investigation under this Act the Commissioner forms the opinion that the complaint relates partly to a matter within the jurisdiction of —

(a) the Health Service Commissioner for England,

(b) a Local Commissioner, or

(c) both,

he may, subject to subsection (2) of this section, conduct an investigation under this Act jointly with that Commissioner or those Commissioners.

(2) The Commissioner must obtain the consent of the person aggrieved or any person acting on his behalf in accordance with subsection (2) of section 6 of this Act before agreeing to a joint investigation referred to in subsection (1) of this section.

(3) If the Commissioner forms the opinion that a complaint which is being investigated by—

(a) the Health Service Commissioner for England,

(b) a Local Commissioner, or

(c) both,

relates partly to a matter within his jurisdiction, he may, subject to subsection (4) of this section, conduct an investigation under this Act jointly with that Commissioner or those Commissioners.

(4) The Commissioner may not investigate a complaint jointly with another person under subsection (3) of this section unless the complaint has been made in accordance with section 5 of this Act.

(5) If the Commissioner conducts an investigation of a complaint jointly with another person, the requirements of section 10 (so far as relating to a case where the Commissioner conducts an investigation under this Act) may be satisfied by a report made jointly with that person.

(6) Apart from identifying the government department or other authority concerned, a report prepared by virtue of subsection (5) of this section by the Commissioner and a Local Commissioner shall not—

(a) mention the name of any person, or

(b) contain any particulars which, in the opinion of the Commissioner and the Local Commissioner, are likely to identify any person,

unless, after taking into account the public interest as well as the interests of the complainant and of persons other than the complainant, the Commissioner and the Local Commissioner consider it necessary to mention the name of that person or to include in the report any such particulars.

(7) Nothing in subsection (6) of this section prevents a report—

(a) mentioning the name of, or

(b) containing particulars likely to identify,

the Mayor of London or any member of the London Assembly.]

Textual Amendments

F35 S. 11ZAA inserted (1.8.2007) by The Regulatory Reform (Collaboration etc. between Ombudsmen) Order 2007 (S.I. 2007/1889), art. 2

Valid from 30/01/2001

[F36 11AA Disclosure of information by Parliamentary Commissioner to Information Commissioner. U.K.

(1) The Commissioner may disclose to the Information Commissioner any information obtained by, or furnished to, the Commissioner under or for the purposes of this Act if the information appears to the Commissioner to relate to—

(a) a matter in respect of which the Information Commissioner could exercise any power conferred by—

(i) Part V of the Data Protection Act 1998 (enforcement),

(ii) section 48 of the Freedom of Information Act 2000 (practice recommendations), or

(iii) Part IV of that Act (enforcement), or

(b) the commission of an offence under—

(i) any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or

(ii) section 77 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).

(2) Nothing in section 11(2) of this Act shall apply in relation to the disclosure of information in accordance with this section.]

Textual Amendments

F36 S. 11AA inserted (30.1.2001) by 2000 c. 36, ss. 76(2), 87(2)(b), Sch. 7 para. 2 (with ss. 56, 78)

[F37 11B The Criminal Injuries Compensation Scheme. U.K.

(1) For the purposes of this Act, administrative functions exercisable by an administrator of the Criminal Injuries Compensation Scheme (“Scheme functions”) shall be taken to be administrative functions of a government department to which this Act applies.

(2) For the purposes of this section, the following are administrators of the Scheme—

(a) a claims officer appointed under section 3(4)(b) of the Criminal Injuries Compensation Act 1995;

(b) a person appointed under section 5(3)(c) of that Act;

(c) the Scheme manager, as defined by section 1(4) of that Act, and any person assigned by him to exercise functions in relation to the Scheme.

(3) The principal officer in relation to any complaint made in respect of any action taken in respect of Scheme functions is—

(a) in the case of action taken by a claims officer, such person as may from time to time be designated by the Secretary of State for the purposes of this paragraph;

(b) in the case of action taken by a person appointed under section 5(3)(c) of the Act of 1995, the chairman appointed by the Secretary of State under section 5(3)(b) of that Act; or

(c) in the case of action taken by the Scheme manager or by any other person mentioned in subsection (2)(c) of this section, the Scheme manager.

(4) The conduct of an investigation under this Act in respect of any action taken in respect of Scheme functions shall not affect—

(a) any action so taken; or

(b) any power or duty of any person to take further action with respect to any matters subject to investigation.]

Textual Amendments

F37 S. 11B inserted (8.11.1995) by 1995 c. 53, s. 10(1)

Modifications etc. (not altering text)

C21 S. 11B(3)(a) extended (1.7.1999) by S.I. 1999/1351, arts. 1, 17(1)(d); S.I. 1998/3178, art. 3

Supplemental U.K.

12 Interpretation. U.K.

(1) In this Act the following expressions have the meanings hereby respectively assigned to them, that is to say—

• “action” includes failure to act, and other expressions connoting action shall be construed accordingly;

• “the Commissioner” means the Parliamentary Commissioner for Administration;

• “the Court” means, in relation to England and Wales the High Court, in relation to Scotland the Court of Session, and in relation to Northern Ireland the High Court of Northern Ireland;

• “enactment” includes an enactment of the Parliament of Northern Ireland, and any instrument made by virtue of an enactment;

• “officer” includes employee;

• “person aggrieved” means the person who claims or is alleged to have sustained such injustice as is mentioned in section 5(1)(a) of this Act;

• “tribunal” includes the person constituting a tribunal consisting of one person.

(2) References in this Act to any enactment are references to that enactment as amended or extended by or under any other enactment.

(3) It is hereby declared that nothing in this Act authorises or requires the Commissioner to question the merits of a decision taken without maladministration by a government department or other authority in the exercise of a discretion vested in that department or authority.

13 Application to Northern Ireland. U.K.

(1) Subject to the provisions of this section, this Act extends to Northern Ireland.

(2) Nothing in this section shall be construed as authorising the inclusion among the departments and authorities to which this Act applies of any department of the Government of Northern Ireland, or any authority [F38 or body] established by or with the authority of the Parliament of Northern Ireland; but this Act shall apply to any such department [F39 authority or body], in relation to any action taken by them as agent for a department or authority to which this Act applies, as it applies to the last-mentioned department or authority.

(3) In section 6 of this Act the references to a Minister of the Crown or government department and to Parliament shall include references to a Minister or department of the Government of Northern Ireland and to the Parliament of Northern Ireland.

(4) In section 8 of this Act the references to the Cabinet shall [F40 include references to the Executive Committee of the Assembly, and in relation to that Committee for the reference to the Prime Minister there shall be substituted a reference to the First Minister and deputy First Minister acting jointly]

Textual Amendments

F38 Words inserted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 1(3)(a)(i)

F39 Words substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 1(3)(a)(ii)

F40 Words in s. 13(4) substituted (2.12.1999) by S.I. 1999/663, arts. 1(2), 2(1), Sch. 1 para. 14; 1998 c. 47, s. 3(1); S.I. 1999/3208, art. 2

Modifications etc. (not altering text)

C22 References to N.I. Prime Minister and Minister to be construed as references to Chief Executive member and heads of N.I. departments respectively: Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), Sch. 5 paras. 5, 7(2)

14 Short title and commencement. U.K.

(1) This Act may be cited as the Parliamentary Commissioner Act 1967.

(2) This Act shall come into force on such date as Her Majesty may by Order in Council appoint.

(3) A complaint under this Act may be made in respect of matters [F41 whenever arising]; and for the purposes of subsection (3) of section 6 of this Act any time elapsing between the date of the passing and the date of the commencement of this Act (but not any time before the first of those dates) shall be disregarded.

Textual Amendments

F41 Words substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 1(3)(b)

Modifications etc. (not altering text)

C23 1.4.1967 appointed under s. 14(2) by S.I. 1967/485

SCHEDULES

Section 2.

[F42 SCHEDULE 1 U.K. Pensions and other benefits

Textual Amendments

F42 Sch. 1 (paras. 1-10) substituted (31.3.1995) for Sch. 1 (paras. 1-5) by 1993 c. 8, ss. 25, 31(2), Sch. 4 Pt. II para.2; S.I. 1995/631, art. 2

Modifications etc. (not altering text)

C24 Sch. 1 (as substituted by 1993 c. 8) extended (5.2.1994) by 1993 c. 46, ss. 1(3), 22(4), Sch. 1 para.7

Sch. 1 (as substituted by 1993 c. 8) modified (5.2.1994) by 1993 c. 46, ss. 1(3), 22(4), Sch. 1 paras.8, 9(5)

Sch. 1 (as substituted by 1993 c. 8): power to modify conferred (5.2.1994) by 1993 c. 46, ss. 1(3), 22(4), Sch. 1 para. 9(2)

Sch. 1 (as substituted by 1993 C. 8): functions transferred (1.4.1995) by 1995/269, art. 3, Sch. para. 3

Persons taking office after the appointed day U.K.

1 U.K. A person who first holds office as the Commissioner on or after the appointed day shall be entitled, if he was a member of a judicial pension scheme immediately before he first holds that office, to elect between—

(a) the scheme of pensions and other benefits under that judicial pension scheme (his “former scheme”);

(b) (if different from his former scheme) the scheme of pensions and other benefits constituted by Part I of the 1993 Act (“the 1993 scheme”); and

(c) the scheme of pensions and other benefits applicable under section 1 of the Superannuation Act 1972 to the civil service of the State (“the civil service scheme”);

and, if he is not entitled to make an election under this paragraph, or if he is so entitled but fails to make such an election, he shall be treated as if he had been so entitled and had elected for the civil service scheme.

Modifications etc. (not altering text)

C25 Sch. 1 paras. 1, 2 (as substituted by 1993 c. 8) restricted (5.2.1994) by 1993 c. 46, ss. 1(3), 22(4), Sch. 1 para. 9(3)

Transitional provision for persons appointed before the appointed day U.K.

2 (1) If a person who held the office of Commissioner before the appointed day has made an election under the former enactments for the old judicial scheme, he shall be entitled to make an election under this sub-paragraph between— U.K.

(a) the old judicial scheme; and

(b) the 1993 scheme;

and, if he fails to make an election under this sub-paragraph, he shall be taken to have elected for the old judicial scheme.

(2) If a person who held the office of Commissioner before the appointed day—

(a) has made an election under the former enactments for the civil service scheme, or

(b) has failed to make an election under those enactments (so that he is taken to have elected for the civil service scheme),

he shall be treated as if he had been entitled to make an election under this Schedule and had elected for the civil service scheme.

Modifications etc. (not altering text)

C26 Sch. 1 paras. 1, 2 (as substituted by 1993 c. 8) restricted (5.2.1994) by 1993 c. 46, ss. 1(3), 22(4), Sch. 1 para. 9(3)

Effect of election to continue in former scheme U.K.

3 U.K. Where a person elects under this Schedule for his former scheme, that scheme shall, subject to regulations under this Schedule, apply as if his service as Commissioner were service which was subject, in his case, to that scheme.

Effect of election for the 1993 scheme U.K.

4 (1) A person who elects under paragraph 1(b) or 2(1)(b) above for the 1993 scheme, shall be entitled, when he ceases to hold office as Commissioner, to a pension under Part I of the 1993 Act at the appropriate annual rate (within the meaning of that Act) if he has held that office for at least 5 years and either— U.K.

(a) he has attained the age of 65; or

(b) he is disabled by permanent infirmity for the performance of the duties of the office;

and, subject to the following provisions of, and regulations under, this Schedule, the provisions of Part I of that Act (other than sections 1(1) to (4) and 2) and of sections 19, 20 and 23 of, and Schedule 2 to, that Act (which provide for benefits in respect of earnings in excess of pension-capped salary, appeals and transfer of accrued rights) shall apply in relation to him and his service in the office of Commissioner as they apply in relation to a person to whom Part I of that Act applies.

(2) Subject to regulations under this Schedule, in the application of provisions of the 1993 Act by virtue of sub-paragraph (1) above, a person who elects for the 1993 scheme shall be treated—

(a) as if the office of Commissioner were a qualifying judicial office (within the meaning of that Act) by virtue of inclusion among the offices specified in Part I of Schedule 1 to that Act;

(b) as if his election under this Schedule were an election such as is mentioned in paragraph (d) of section 1(1) of that Act (so that, in particular, section 12 of that Act, which provides for the transfer of accrued rights into the scheme, applies);

(c) as if his pension by virtue of this Schedule were a pension under section 2 of that Act (and, accordingly, a judicial pension, within the meaning of that Act); and

(d) for the purpose of determining, in the event of his death, the rate of any surviving spouse’s or children’s pension payable under sections 5 to 8 of that Act in respect of his service as Commissioner, as if references in those sections to the annual rate of the deceased’s judicial pension were references—

(i) where a pension had commenced to be paid to him by virtue of sub-paragraph (1) above, to the appropriate annual rate of that pension; or

(ii) where no such pension had commenced to be paid to him, to the rate that would have been the appropriate annual rate of the pension payable to him by virtue of sub-paragraph (1)(b) above, had he not died, but been disabled by permanent infirmity for the performance of the duties of his office on and after the date of death;

and, in the application of that Act to the Commissioner (whether by virtue of paragraph 1(a) or (b) or 2(1)(b) above) the references to the appropriate Minister in sections 13 (election for personal pension), 19 (benefits in respect of earnings in excess of pension-capped salary) and 20 (appeals) of, and Schedule 2 (transfer of accrued rights) to, that Act shall be taken as references to the Treasury and the power conferred by paragraph 2 of that Schedule to make regulations shall be exercisable by the Treasury.

Modifications etc. (not altering text)

C27 Sch. 1 para. 4 (as substituted by 1993 c. 8) modified (5.2.1994) by 1993 c. 46, ss. 1(3), 22(4), Sch. 1 para. 9(2)

Effect of election for, or to continue in, the civil service scheme U.K.

5 U.K. Where a person elects under this Schedule for the civil service scheme, the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall, subject to regulations under this Schedule, apply as if his service as Commissioner were service in employment in the civil service of the State.

Effect of election to continue in the old judicial scheme U.K.

6 U.K. Where a person elects under this Schedule for the old judicial scheme, that scheme and the former enactments shall, subject to regulations under this Schedule, continue to have effect in relation to him and his service in the office of Commissioner.

Time for, and manner of, election U.K.

7 U.K. Any power to make an election under this Schedule shall be exercisable within such time and in such manner as may be prescribed in regulations under this Schedule.

Regulations U.K.

8 (1) The Treasury may make regulations for purposes supplementary to the other provisions of this Schedule. U.K.

(2) Any such regulations may, without prejudice to section 38 or 39A of the Superannuation Act 1965 (employment in more than one public office), make special provision with respect to the pensions and other benefits payable to or in respect of a person to whom—

(a) his former scheme,

(b) the 1993 scheme,

(c) the civil service scheme, or

(d) the old judicial scheme,

applies, or has applied, in respect of any service other than service as Commissioner.

(3) The provision that may be made by virtue of sub-paragraph (2) above includes provision—

(a) for aggregating—

(i) other service falling within his former scheme, the 1993 scheme or the old judicial scheme with service as Commissioner, or

(ii) service as Commissioner with such other service,

for the purpose of determining qualification for, or entitlement to, or the amount of, benefit under the scheme in question;

(b) for increasing the amount of the benefit payable under any of the schemes mentioned in paragraph (a)(i) above, in the case of a person to whom that scheme applied in respect of an office held by him before appointment as Commissioner, up to the amount that would have been payable under that scheme if he had retired from that office on the ground of permanent infirmity immediately before his appointment.

(4) Any statutory instrument made by virtue of this Schedule shall be subject to annulment in pursuance of a resolution of the House of Commons.

Modifications etc. (not altering text)

C28 Sch. 1 para. 8 (as substituted by 1993 c. 8) modified (5.2.1994) by 1993 c. 46, ss. 1(3), 22(4), Sch. 1 paras. 9(2), 10(b)

Pensions and benefits to be charged on the Consolidated Fund U.K.

9 U.K. Any pension or other benefit granted by virtue of this Schedule shall be charged on, and issued out of, the Consolidated Fund.

Interpretation U.K.

10 U.K. In this Schedule—

• “the 1981 Act” means the Judicial Pensions Act 1981;

• “the 1993 Act” means the Judicial Pensions and Retirement Act 1993;

• “the appointed day” means the day on which Part II of Schedule 4 to the 1993 Act comes into force;

• “the former enactments” means Schedule 1 to this Act, as it had effect from time to time before the appointed day;

• “judicial pension scheme” means any public service pension scheme, as defined in—

  (a)

  [F43 section 1 of the Pension Schemes Act 1993], or

  (b)

  [F44 section 1 of the Pension Schemes (Northern Ireland) Act 1993],

  under which pensions and other benefits are payable in respect of service in one or more qualifying judicial offices, within the meaning of the 1993 Act, but does not include the civil service scheme;

• “the old judicial scheme” means the statutory scheme of pensions and other benefits applicable under or by virtue of the 1981 Act to the judicial offices listed in section 1 of that Act.]

Textual Amendments

F43 Sch. 1 para. 10: Words in definition substituted (7.2.1994) by 1993 c. 48, ss. 190, 193(2), Sch. 8 para.1; S. I. 1994/86, art. 2

F44 Sch. 1 para. 10: Words in definition substituted (7.2.1994) by 1993 c. 49, ss. 184, 186(2), Sch. 7 para.7; S.R. 1994/17, art. 2

[F45 X1 F46 SCHEDULE 2 U.K. Departments Etc. Subject to Investigation]

Editorial Information

X1 Sch. 2: due to the large number of entries contained in Sch. 2 and the frequency with which it has been amended, no separate versions are retained in respect of amendments coming into force after 25.11.2002 or which are not yet in force. Historic information relating to all such amendments is reflected in the current version (except that text replaced by substituted words or entries is not reproduced in the current version but is preserved in preceding versions).

Textual Amendments

F45 Sch. 2 substituted (14.3.2005) by The Parliamentary Commissioner Order 2005 (S. I. 2005/249), art. 2, Sch. 1

F46 Sch. 2 substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 1(2), Sch. 1

Modifications etc. (not altering text)

C29 Sch. 2 amended (6.11.2000) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 10; S.I. 2000/2957, art. 2(1), Sch. 1

• [F47 X2 Accounts Commission for Scotland]

• [F48 Advisory Board on Family Law]

• [F48 Advisory Committee on Novel Foods and Processes]

• Advisory, Conciliation and Arbitration Service.

• [F48 Advisory Council on Public Records]

• [F48 Agricultural Dwelling House Advisory Committees]

• [F49 Agricultural Wages Board for England and Wales]

• Agricultural wages committees.

• [F50 Ministry of Agriculture, Fisheries and Food]

• [F49 Alcohol Education and Research Council]

• [F48 Apple and Pear Research Council]

• [F51 Arts Council of England]

• [F52 Arts Council of Wales (Cyngor Celfyddydau Cymru)]

• Arts Council of Great Britain.

• [F53 Scottish Arts Council]

• [F54 Director of the Assets Recovery Agency.]

• [F48 Authorised Conveyancing Practitioners Board]

• [F48 Boundary Commission for Northern Ireland]

• [F49 Britain-Russia Centre and the British East-West Centre]

• [F49 British Association for Central and Eastern Europe]

• British Council.

• [F48 British Educational Communications and Technology Agency]

• [F48 British Hallmaking Council]

• British Library Board.

• [F48 British Museum]

• [F48 British Potato Council]

• [F48 British Tourist Authority]

• [F48 Broadcasting Standards Commission]

• [F55 Building Societies Commission.]

• [F49 Cabinet Office]

• Central Police Training and Development Authority

• [F56 F48 Central Rail Users’ Consultative Committee]

• Certification Officer.

• [F57 F58 Central Statistical Office of the Chancellor of the Exchequer]

• Charity Commission.

• [F57 Children and Family Court Advisory and Support Service.]

• [F48 Civil Aviation Authority]

• [F48 Civil Justice Council]

• [F59 Office of the Minister for the Civil Service]

• Civil Service Commission.

• [F48 Clinical Standards Advisory Group]

• [F60 Commission for Health Improvement]

• [F61 The Commission for Patient and Public Involvement in Health.]

• [F62 Commissioner for Protection Against Unlawful Industrial Action]

• [F48 Commissioner for the Rights of Trade Union Members]

• [F48 Committee for Monitoring Agreements on Tobacco Advertising and Sponsorship]

• [F48 Committee of Investigation for Great Britain]

• [F48 Committee on Standards in Public Life]

• [F63 Commonwealth Institute]

• [F48 Commonwealth Scholarship Commission in the United Kingdom]

• [F48 Community Development Foundation]

• [F49 Competition Commission]

• [F48 Consumer Panel]

• [F48 Consumers’ Committee for Great Britain under the Agricultural Marketing Act 1958]

• [F64 Coal Authority.]

• Co-operative Development Agency.

• [F65 Countryside Agency]

• [F66 Countryside Commission for Scotland]

• [F67 Countryside Council for Wales.]

• Crafts Council.

• [F68 Crofters Commission]

• Crown Estate Office.

• [F69 Department for Culture, Media, and Sport.]

• Customs and Excise.

• [F70 [F71 Data Protection Commissioner]]

• [F72 Deer Commission for Scotland]

• Ministry of Defence.

• [F48 Design Council]

• Development Commission.

• [F73 Disability Rights Commission]

• [F74 United Kingdom Ecolabelling Board]

• [F75 The Department for Education and Employment.]

• [F48 Docklands Light Railway]

• [F76 Education Assets Board.]

• [F77 Department for Education]

• [F78 Department for Education and Skills]

• Central Bureau for Educational Visits and Exchanges.

• [F79 Electoral Commission.]

• [F80 F48 East Midlands Region Electricity Consumers’ Committee]

• [F80 F48 Eastern Region Electricity Consumers’ Committee]

• [F80 [F81 Office of the Director General of Electricity Supply.]]

• [F82 Department of Employment]

• [F83 Department of Energy]

• [F84 Department of the Environment]

• [F85 Department for Environment, Food and Rural Affairs]

• [F86 Department for Transport]

• [F87 Department for Work and Pensions]

• [F88 English National Board for Nursing, Midwifery and Health Visiting]

• [F89 English Nature]

• [F90 [F91 The Department of the Environment, Transport and the Regions.]]

• [F92 Environment Agency]

• [F92 Scottish Environment Protection Agency]

• Equal Opportunities Commission.

• Export Credits Guarantee Department.

• [F93 Office of the Director General of Fair Trading.]

• British Film Institute.

• [F48 Fleet Air Arm Museum]

• [F48 Food Advisory Committee]

• [F48 Food from Britain]

• [F94 Food Standards Agency]

• [F48 Football Licensing Authority]

• Foreign and Commonwealth Office.

• Forestry Commission.

• [F55 [F95 Friendly Societies Commission]]

• [F55 Registry of Friendly Societies.]

• [F48 Further Education Funding Council for England]

• [F49 Gaming Board for Great Britain]

• [F80 [F48 Gas Consumers’ Council.]]

• [F96 Gas and Electricity Consumer Council.]

• [F96 Gas and Electricity Markets Authority.]

• [F80 Office of the Director General of Gas Supply.]

• [F48 Geffrye Museum]

• [F48 Gene Therapy Advisory Committee]

• [F97 General Social Care Council.]

• [F47 General Teaching Council for Scotland]

• [F98 Department of Health.]

• Health and Safety Commission.

• Health and Safety Executive.

• . . . F99

• [F100 Highlands and Islands Development Board]

• [F48 Higher Education Funding Council for England]

• Historic Buildings and Monuments Commission for England.

• [F48 Historic Royal Palaces]

• [F48 Home-Grown Cereals Authority]

• Home Office.

• [F48 Horniman Museum and Gardens]

• Horserace Betting Levy Board.

• [F48 Horticultural Development Council]

• Housing Corporation.

• [F101 Housing for Wales]

• [F102 Human Fertilisation and Embryology Authority.]

• [F103 The Immigration Services Commissioner]

• [F48 Imperial War Museum]

• Central Office of Information.

• [F104 Information Commissioner.]

• Inland Revenue.

• [F105 Department for International Developement.]

• [F106 Intervention Board for Agricultural Produce.]

• [F48 Investors in People UK]

• [F48 Joint Nature Conservation Committee]

• Land Registry.

• [F107 Legal Aid Board]

• [F108 Scottish Legal Aid Board.]

• [F109 Legal Services Commission]

• [F110 The Legal Services Complaints Commissioner]

• The following general lighthouse authorities—

• (a) the Corporation of the Trinity House of Deptford Strond;

• (b) the Commissioners of Northern Lighthouses.

• [F47 Local Government Boundary Commission for Scotland]

• [F111 Local Government Commission for England.]

• [F80 [F48 London Region Electricity Consumers’ Committee]]

• [F48 London Regional Passengers’ Committee]

• [F48 Lord Chancellor’s Advisory Committee on Legal Education and Conduct]

• The Lord Chancellor’s Department.

• Lord President of the Council’s Office.

• . . . F112

• . . . F113

• [F48 Marshall Aid Commemoration Commission]

• [F48 Meat and Livestock Commission]

• [F114 Medical Practices Committee.]

• [F115 Scottish Medical Practices Committee.]

• [F48 Medical Workforce Standing Advisory Committee]

• [F80 [F48 Merseyside and North Wales Region Electricity Consumers’ Committee]]

• [F80 [F48 Midlands Region Electricity Consumers’ Committee]]

• [F48 Milk Development Council]

• [F48 Millennium Commission]

• [F116 Monopolies and Mergers Commission]

• Museums and Galleries Commission.

• [F48 Museum of London]

• [F48 Museum of Science and Industry in Manchester]

• [F48 National Army Museum]

• [F48 National Biological Standards Board (UK)]

• [F117 National Care Standards Commission.]

• [F48 National Consumer Council]

• National Debt Office.

• [F48 National Employers’ Liaison Committee]

• [F48 National Endowment for Science, Technology and the Arts]

• [F48 National Film and Television School]

• [F48 National Forest Company]

• [F47 National Galleries of Scotland]

• [F48 National Gallery]

• [F47 National Library of Scotland]

• [F47 National Museums of Scotland]

• [F118 National Rivers Authority]

• [F119 Department of National Heritage.]

• Trustees of the National Heritage Memorial Fund.

• [F120 Office of the Director General of the National Lottery]

• [F121 National Lottery Commission]

• [F48 National Lottery Charities Board]

• Department for National Savings.

• [F122 Scottish Natural Heritage.]

• [F48 National Maritime Museum]

• [F48 National Museum of Science and Industry]

• [F48 National Museums and Galleries on Merseyside]

• [F48 National Portrait Gallery]

• [F48 National Radiological Protection Board]

• [F48 Natural History Museum]

• Nature Conservancy Council.

• [F123 [F124 Nature Conservancy Council for England.]]

• [F125 Nature Conservancy Council for Scotland]

• [F48 New Millennium Experience Company Ltd]

• [F48 New Opportunities Fund]

• Commission for the New Towns.

• Development corporations for new towns.

• [F80 [F48 North Eastern Region Electricity Consumers’ Committee]]

• [F80 [F49 North of Scotland Region Electricity Consumers’ Committee]]

• [F80 [F48 North Western Region Electricity Consumers’ Committee]]

• Northern Ireland Court Service.

• [F48 Northern Ireland Human Rights Commission]

• Northern Ireland Office.

• [F126 Northern Ireland Policing Board]

• [F51 Occupational pensions Board]

• [F127 The Occupational Pensions Regulatory Authority]

• [F128 Office of the Commissioner for Protection Against Unlawful Industrial Action]

• [F48 Oil and Pipelines Agency]

• [F48 Parliamentary Boundary Commission for England]

• [F49 Parliamentary Boundary Commission for Scotland]

• [F48 Parliamentary Boundary Commission for Wales]

• [F48 Parole Board]

• [F47 Parole Board for Scotland]

• [F129 The Pensions Compensation Board]

• Ordnance Survey.

• [F58 Office of Population Censuses and Surveys]

• [F130 Consumer Council for Postal Services]

• [F131 Police Information Technology Organisation]

• [F132 [F48 Post Office Users’ Council for Northern Ireland]]

• [F132 [F48 Post Office Users’ Council for Scotland]]

• [F132 [F48 Post Office Users’ Council for Wales]]

• [F132 [F48 Post Office Users’ National Council]]

• [F133 Postal Services Commission]

• [F48 Probation Board for Northern Ireland]

• [F134 Commissioner for Protection Against Unlawful Industrial Action]

• Registrar of Public Lending Right.

• Public Record Office.

• [F135 Office of Fair Trading]

• [F136 Office of Public Service][F137 and Science] .

• [F48 Qualifications Curriculum Authority]

• [F138 The International Rail Regulator.]

• [F56 [F139 The Director of Passenger Rail Franchising.]]

• [F140 The Rail Regulator.]

• Scottish Record Office.

• Commission for Racial Equality.

• [F141 Rail Passengers’ Committees.]

• [F141 Rail Passengers’ Council.]

• [F56 [F48 Rail Users’ Consultative Committee for Eastern England]]

• [F56 [F48 Rail Users’ Consultative Committee for North Eastern England]]

• [F56 [F48 Rail Users’ Consultative Committee for North Western England]]

• [F56 [F48 Rail Users’ Consultative Committee for Scotland]]

• [F56 [F48 Rail Users’ Consultative Committee for Southern England]]

• [F56 [F48 Rail Users’ Consultative Committee for the Midlands]]

• [F56 [F48 Rail Users’ Consultative Committee for Wales]]

• [F56 [F48 Rail Users’ Consultative Committee for Western England]]

• [F48 Remploy Ltd]

• [F142 Red Deer Commission]

• [F115 Department of the Registers of Scotland]

• [F115 General Register Office, Scotland]

• [F143 Agriculture and Food Research Council]

• [F51 Biotechnology and Biological Sciences Research Council]

• [F51 Council for the Central Laboratory of Research Councils]

• Economic and Social Research Council.

• [F51 Engineering and Physical Sciences Research Council]

• Medical Research Council.

• Natural Environment Research Council.

• [F51 Particle Physics and Astronomy Research Council]

• [F144 Science and Engineering Research Council]

• [F145 The International Rail Regulator]

• [F146 Regional development agencies]

• [F147 (other than the London Development Agency)]

• Residuary Bodies.

• [F48 Reviewing Committee on the Export of Works of Art]

• [F148 Office of the Commissioner for the Rights of Trade Union Members]

• [F48 Royal Air Force Museum]

• [F48 Royal Armouries Museum]

• [F47 Royal Botanic Garden, Edinburgh]

• [F48 Royal Botanic Gardens, Kew]

• [F48 Royal Commission on Historical Manuscripts]

• [F47 Royal Commission on the Ancient and Historical Monuments of Scotland]

• [F48 Royal Commission on the Historical Monuments of England]

• [F48 Royal Marines Museum]

• Royal Mint.

• [F48 Royal Naval Museum]

• [F48 Royal Navy Submarine Museum]

• [F149 Office of Her Majesty’s Chief Inspector of Schools in Wales.]

• [F48 Scientific Committee on Tobacco and Health]

• [F47 Scottish Agricultural Wages Board]

• [F47 Scottish Children’s Reporter Administration]

• [F47 Scottish Community Education Council]

• [F47 Scottish Consultative Council on the Curriculum]

• [F47 Scottish Council for Educational Technology]

• [F115 Scottish Courts Administration.]

• [F150 Scottish Environmental Protection Agency]

• [F47 Scottish Further Education Funding Council]

• [F47 Scottish Further Education Unit]

• [F47 Scottish Higher Education Funding Council]

• [F151 Scottish Homes.]

• Scottish Office.

• [F47 Scottish Qualifications Authority]

• [F47 Scottish Screen Ltd]

• [F47 Scottish Studentship Selection Committee]

• [F47 Scottish Water and Sewerage Customers’ Council]

• [F48 Sea Fish Industry Authority]

• [F152 Office of the Secretary of State for Scotland]

• [F153 The Service Authority for the National Crime Squad.]

• [F153 The Service Authority for the National Criminal Intelligence Service.]

• [F48 Sir John Soane’s Museum]

• Council for Small Industries in Rural Areas.

• [F98 Department of Social Security.]

• Central Council for Education and Training in Social Work.

• [F80 [F48 South Eastern Region Electricity Consumers’ Committee]]

• [F80 [F48 South of Scotland Region Electricity Consumers’ Committee]]

• [F80 [F48 South Wales Region Electricity Consumers’ Committee]]

• [F80 [F48 South Western Region Electricity Consumers’ Committee]]

• [F80 [F48 Southern Region Electricity Consumers’ Committee]]

• Sports Council.

• [F154 English Sports Council]

• Scottish Sports Council.

• [F154 United Kingdom Sports Council.]

• [F155 Sports Council for Wales.]

• [F156 The Staff Commission for Wales (Comisiwn Staff Cymru).]

• [F157 Standards Board for England.]

• [F48 Standing Dental Advisory Committee]

• [F48 Standing Medical Advisory Committee]

• [F48 Standing Nursing and Midwifery Advisory Committee]

• [F48 Standing Pharmaceutical Advisory Committee]

• Stationery Office.

• [F158 Strategic Rail Authority.]

• [F159 The Office for National Statistics.]

• [F48 Tate Gallery]

• [F48 Teacher Training Agency]

• Office of the Director General of Telecommunications.

• [F48 The Great Britain-China Centre]

• [F48 The Simpler Trade Procedures Board]

• English Tourist Board.

• [F115 Scottish Tourist Board.]

• [F155 Wales Tourist Board]

• Board of Trade.

• Department of Trade and Industry.

• Agricultural Training Board.

• Clothing and Allied Products Industry Training Board.

• Construction Industry Training Board.

• Engineering Industry Training Board.

• Hotel and Catering Industry Training Board.

• Plastics Processing Industry Training Board.

• Road Transport Industry Training Board.

• . . . F160

• [F161 Traffic Director for London.]

• [F84 Department of Transport, Local Government and the Regions]

• [F48 Treasure Valuation Committee]

• Treasury.

• Treasury Solicitor.

• [F48 United Kingdom Atomic Energy Authority]

• [F48 United Kingdom Register of Organic Food Standards]

• [F48 United Kingdom Xenotransplantation Interim Regulatory Authority]

• [F48 Unrelated Live Transplant Regulatory Authority]

• Urban development corporations [F162 established for urban development areas wholly in England].

• [F163 Urban Regeneration Agency.]

• [F48 Victoria and Albert Museum]

• [F164 Development Board for Rural Wales]

• [F48 Wallace Collection]

• [F48 War Pensions Committees]

• [F165 Office of the Director General of Water Services.]

• [F166 Bwrdd yr Iaith Gymraeg (Welsh Language Board)]

• Welsh Office.

• [F48 Westminster Foundation for Democracy]

• [F48 Wine Standards Board of the Vintners’ Company]

• [F48 Women’s National Commission]

• [F48 Yorkshire Region Electricity Consumers’ Committee]

• [F167 Youth Justice Board]

• [F49 Youth Justice Board for England and Wales]

Editorial Information

X2 Sch. 2: this version of this provision contains details of amendments coming into force on or after 1.10.1991 and before 16.12.2003 (repealed text is retained). For previous amendment history, please refer to the earlier version.

Textual Amendments

F47 Sch. 2: entries inserted (15.3.1999) by S.I. 1999/277, art. 2 and entries repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(5)(a), Pt. IV; S.I. 1998/3178, art. 3

F48 Entries in Sch. 2 inserted (15.3.1999) by S.I. 1999/277, art. 2

F49 Entries in Sch. 2 inserted (19.8.1999) by S.I. 1999/2028, art. 2

F50 Entry in Sch. 2 repealed (27.3.2002) by S.I. 2002/794, art. 5(2), Sch. 2 (with art. 6)

F51 Sch. 2: entries inserted (31.7.1995) by virtue of S.I. 1995/1615, art. 2

F52 Sch. 2: entry inserted (31.7.1995) by virtue of S.I. 1995/1615, art. 2; and entry repealed (1.7.1999) by 1998 c. 38, s. 152, Sch. 18 Pt. I (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F53 Sch. 2: entry inserted (31.7.1995) by virtue of S.I. 1995/1615, art. 2 and entry repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(5)(a), Pt. IV; S.I. 1998/3178, art. 3

F54 Sch. 2: entry inserted (24.2.2003) by 2002 c. 29, ss. 456, 458(1), Sch. 11 para. 2(2); S.I. 2003/120, art. 2, Sch. (subject to arts. 3-7)

F55 Entries in Sch. 2 repealed (1.12.2001) by S.I. 2001/3649, art. 274

F56 Entries in Sch. 2 repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

F57 Entry in Sch. 2 inserted (1.4.2001) by 2000 c. 43, s. 11, Sch. 2 para. 17; S.I. 2001/919, art. 2(a)(e)

F58 Sch. 2: entries repealed (1.4.1996) by S.I. 1996/273, art. 5(1), Sch. 2 para. 15(a)

F59 Sch. 2: entry (which was inserted by S.I. 1987/2039, art. 4(1)(b)) omitted (6.7.1992) by virtue of S.I. 1992/1296, art. 6(1), Sch. para. 3(b)

F60 Sch. 2: entry inserted (1.11.1999 for E.W. and otherwise 11.5.2001) by 1999 c. 8, s. 19, Sch. 2 para. 17; S.I. 1999/2793, art. 2(1)(b), Sch. 2; S.I. 2001/1985, art. 2(3)(b)

F61 Entry in Sch. 2 inserted (1.1.2003) by 2002 c. 17, ss. 20(11), 42(3), Sch. 6 para. 17; S.I. 2002/3190, art. 2

F62 Entry in Sch. 2 inserted (15.3.1999) by S.I. 1999/277, art. 2 and entry repealed (25.10.1999) by S.I. 1999 c. 26, s. 44, Sch. 9(6); S.I. 1999/2830, art. 2(3), Sch. 2 Pt. I (with Sch. 3 para. 4)

F63 Sch. 2: entry repealed (7.1.2003) by 2002 c. 39, ss. 1(4), 3, 4(2), Sch. 1 para. 1, Sch. 3

F64 Sch. 2: entry inserted (5.7.1994) by 1994 c. 21, s. 1, Sch. 1 Pt. I, para. 10

F65 Sch. 2: “Countryside Agency”substituted for “Countryside Commission”(20.2.1999) by S.I. 1999/416, art. 3(d), Sch. 1 para. 3 (and by S.I. 1999/2028, art. 2 it is provided (19.8.1999) that the words “Countryside Commission”shall be deleted and the words “Countryside Agency”shall be inserted)

F66 Sch. 2: entry repealed (1.4.1992) by Natural Heritage (Scotland) Act 1991 (c. 28), s. 27(2), Sch. 11; S.I. 1991/2633, art. 4

F67 Entry inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 128(5), Sch. 6 para. 23(a) and entry repealed (1.7.1999) by 1998 c. 38, s. 152, Sch. 18 Pt. I (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F68 Entry in Sch. 2 repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(5) Pt. IV ; S.I. 1998/3178, art. 3

F69 Sch. 2: entry inserted (22.8.1997) by S.I. 1997/1744, art. 2(2), Sch. para. 2

F70 Entry in Sch. 2 repealed (30.1.2001) by 2000 c. 36, ss. 18(4), 86, 87(2)(c)(d), Sch. 2 Pt. I para. 4, Sch. 8 Pt. II (with ss. 56, 78)

F71 Sch. 2: “Data Protection Commissioner”substituted for “Data Protection Registrar”(1.3.2000) by 1998 c. 29, s. 74(1), Sch. 15 para. 2; S.I. 2000/183, art. 2(1)

F72 Sch. 2: entry inserted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 3(b) and entry repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(5)(a), Pt. IV; S.I. 1998/3178, art. 3

F73 Entry in Sch. 2 inserted (13.4.2000) by S.I. 2000/739, art. 2

F74 Sch. 2: entry inserted (1.11.1992) by S.I. 1992/2383, reg. 2, Sch. Pt. I para. 9 and omitted (19.5.1999) by virtue of S.I. 1999/931, reg. 7

F75 Sch. 2: entry inserted (1.1.1996) by S.I. 1995/2986, art. 11, Sch. para. 5 and entry repealed (27.6.2002) by S.I. 2002/1397, art. 12, Sch. 1 Pt. I para. 4(a)

F76 Entry inserted by Education Reform Act 1988 (c. 40, SIF 40:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 67

F77 Sch. 2: entry substituted (6.7.1992) ("Department for Education" substituted for "Department for Education and Science") by S.I. 1992/1296, art. 6(1), Sch. para. 3 and entry repealed (1.1.1996) by S.I. 1995/2986, art. 11, Sch. para. 5(a)

F78 Entry in Sch. 2 inserted (27.6.2002) by S.I. 2002/1397, art. 12, Sch. Pt. I para. 4(b)

F79 Entry in Sch. 2 inserted (16.2.2001) by 2000 c. 41, s. 158(1), Sch. 21 para. 2; S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

F80 Entries in Sch. 2 repealed (7.11.2000) by 2000 c. 27, s. 108, Sch. 8; S.I. 2000/2974, art. 2, Sch. (subject to arts. 3-12)

F81 Entry inserted by Electricity Act 1989 (c. 29, SIF 44:1), ss. 1(5), 112(3), Sch. 1 para. 7, Sch. 17 para. 35(1)

F82 Sch. 2: entry repealed (1.1.1996) by S.I. 1995/2986, art. 11, Sch. para. 5(a)

F83 Sch. 2: entry repealed (5.7.1992) by S.I. 1992/1314, art. 5

F84 Sch. 2: entries repealed (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. para. 2(a)

F85 Entry in Sch. 2 inserted (27.3.2002) by S.I. 2002/794, art. 5(1), Sch. 1 para. 14 (with arts. 5(3), 6)

F86 Entry in Sch. 2 inserted (13.8.2001) by S.I. 2001/2568, art. 16, Sch. para. 2(b)

F87 Entry in Sch. 2 inserted (27.6.2002) by S.I. 2002/1397, art. 12, Sch. Pt. I para. 4(b)

F88 Entry in Sch. 2 inserted (15.3.1999) by S.I. 1999/277, art. 2 and entry omitted (in accordance with art. 1(2)(3) of the amending S.I.) by virtue of S.I. 2002/253, art. 54, Sch. 5 (with art. 3(18))

F89 Entry in Sch. 2 inserted (30.1.2001) by 2000 c. 37, ss. 73(4), 103(2), Sch. 8 para. 2(c)

F90 Entry in Sch. 2 repealed (13.8.2001) by S.I. 2001/2568, art. 16, Sch. para. 2(a)

F91 Sch. 2: entry inserted (26.1.1998) by S.I. 1997/2791, art. 6(1), Sch. para. 2(b)

F92 Sch. 2: entries inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 11(a) (with ss. 7(6), 115, 117, 120, Sch. 23 para. 10(3)); S.I. 1996/186, art. 3

F93 Sch. 2: entry repealed (1.4.2003) by 2002 c. 40, s. 278, Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3)

F94 Sch. 2: entry inserted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 3; S.I. 2000/1066, art. 2

F95 Sch. 2: entry inserted (8.6.1992) by Friendly Societies Act 1992 (c. 40), s. 1, Sch. 1 para. 12; S.I. 1992/1325, art. 2

F96 Entries in Sch. 2 inserted (1.11.2000) by 2000 c. 27, s. 108, Sch. 6 Pt. III para. 43; S.I. 2000/2917, art. 2, Sch.

F97 Entry in Sch. 2 inserted (7.5.2001 for E.) by 2000 c. 14, ss. 6, 54, 66, 122, Sch. 1 para. 24; S.I. 2001/1536, art. 2(2)(a)(ii)

F98 Entry inserted by S.I. 1988/1843, art. 5(2)(b) and entry repealed (27.6.2002) by S.I. 2002/1397, art. 12, Sch. Pt. I para. 4(a)

F99 Entry repealed by S.I. 1988/1843, art. 5(2)(a)

F100 Words repealed (1.4.1991) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. III

F101 Sch. 2: entry repealed (1.11.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. VI (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F102 Entry inserted by Human Fertilisation and Embryology Act 1990 (c. 37, SIF 83:1), s. 5(3), Sch. 1 para. 14

F103 Sch. 2: entry inserted (22.5.2000) by 1999 c. 33, s. 83, Sch. 5 para. 25; S.I. 2000/1282, art. 2, Sch.

F104 Entry in Sch. 2 inserted (30.1.2001) by 2000 c. 36, ss. 18(4), 87(2)(c), Sch. 2 Pt. I para. 4 (with ss. 7(1)(7), 56, 78)

F105 Sch. 2: entry inserted (22.8.1997) by S.I. 1997/1749, art. 8

F106 Entry in Sch. 2 repealed (15.11.2001) by S.I. 2001/3686, reg. 6(2)

F107 Sch. 2: entry repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I; S.I. 2000/774, art. 2(c), Sch.

F108 Entry inserted by S.I. 1988/585, art. 2 and entry repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(5)(a), Pt. IV; S.I. 1998/3178, art. 3

F109 Sch. 2: entry inserted (1.4.2000) by 1999 c. 22, s. 24, Sch. 4 para. 2; S.I. 2000/774, art. 2(a)

F110 Sch. 2: entry inserted (1.11.2003) by 1999 c. 22, ss. 51, 108(1), Sch. 8 para. 9; S.I. 2003/2571, art. 2

F111 Sch. 2: entry inserted (6.3.1992) by Local Government Act 1992 (c. 19), s. 12, Sch. 2 para. 11

F112 Entry repealed by S.I. 1987/2039, art. 4(1)(a)

F113 Entry repealed by Employment Act 1988 (c. 19, SIF 43:5), s. 33(2), Sch. 4

F114 Entry in Sch. 2 repealed (1.4.2002) by 2001 c. 15, s. 67, Sch. 6 Pt. 1 (with ss. 64(a), 65(4)); S.I. 2002/1095, art. 2(3), Sch.

F115 Sch. 2: entries repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(5)(a), Pt. IV; S.I. 1998/3178, art. 3

F116 Sch. 2: entry inserted (15.3.1999) by S.I. 1999/277, art. 2; and deleted (19.8.1999) by S.I. 1999/2028, art. 2

F117 Entry in Sch. 2 inserted (9.4.2001 for E.) by 2000 c. 14, ss. 6, 54, 66, 122, Sch. 1 para. 24; S.I. 2001/1193, art. 2(3)(b)

F118 Sch. 2: entry repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 11(c)(i), Sch. 24 (with ss. 7(6), 115, 117, 120, Sch. 23 para. 10(3)); S.I. 1996/186, art. 3

F119 Sch. 2: entry inserted (3.7.1992) by S.I. 1992/1311, art. 12(1)(a)

F120 Sch. 2: entry inserted (25.10.1993) by 1993 c. 39, s. 3, Sch. 2 para. 7; S.I. 1993/2632, art. 2 and entry repealed (1.4.1999) by 1998 c. 22, ss. 1, 26, Sch. 1 Pt. III para. 9(b); Sch. 5 Pt. I; S.I. 1999/650, art. 2

F121 Sch. 2: entry inserted (1.4.1999) by 1998 c. 22, s. 1(5), Sch. 1 Pt. III para. 9(a); S.I. 1999/650, art. 2

F122 Sch. 2: entry inserted (27.11.1991) by Natural Heritage (Scotland) Act 1991 (c. 28), s. 27(1), Sch. 10 para. 3; S.I. 1991/2633, art. 3, Sch. and entry repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(5)(a), Pt. IV; S.I. 1998/3178, art. 3

F123 Entry in Sch. 2 repealed (30.1.2001) by 2000 c. 37, ss. 73(4), 102, 103(2), Sch. 8 para. 2(c), Sch. 16 Pt. III

F124 Sch. 2: entry inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 128(5), Sch. 6 para. 23(b) and repealed (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. III

F125 Sch. 2: entry repealed (1.4.1992) by Natural Heritage (Scotland) Act 1991 (c. 28), s. 27(2), Sch. 11; S.I. 1991/2633, art. 4

F126 Entry in Sch. 2 inserted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 2; S.R. 2001/396, art. 2, Sch.

F127 Sch. 2: entry inserted (1.4.1996) by 1995 c. 26, s. 1(5), Sch. 1 para. 10; S.I. 1996/778, art. 2(3), Sch. Pt. III

F128 Sch. 2: entry inserted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para. 2; and repealed (25.10.1999) by S.I. 1999 c. 26, s. 44, Sch. 9(6); S.I. 1999/2830, art. 2(3), Sch. 2 Pt. I (with Sch. 3 para. 4)

F129 Sch. 2: entry inserted (1.8.1996) by 1996 c. 26, s. 78(8), Sch. 2 para. 9; S.I. 1996/1412, art. 2(1), Sch. Pt. I

F130 Entry in Sch. 2 inserted (1.1.2001) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 9; S.I. 2000/2957, art. 2(2), Sch. 2

F131 Sch. 2: entry inserted (1.4.1998) by 1997 c. 50, s. 134(1), Sch. 9 para. 7; S.I. 1998/354, art. 2

F132 Entries in Sch. 2 repealed (1.1.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(2), Sch. 2

F133 Sch. 2: entry inserted (1.4.2000) by S.I. 1999/2107, reg. 3(4)

F134 Sch. 2: entry inserted (15.3.1999) by S.I. 1999/277, art. 2 and entry repealed (25.10.1999) by 1999 c. 26, s. 44, Sch. 9(6); S.I. 1999/2830, art. 2(3), Sch. 2 Pt. I

F135 Entry in Sch. 2 inserted (1.4.2003) by 2002 c. 40, ss. 1, 279, Sch. 1 para. 14; S.I. 2003/766, art. 2, Sch. (with art. 3)

F136 Sch. 2: words inserted (6.7.1992) by S.I. 1992/1296, art. 6(1), Sch. para. 3(c) and deleted (19.8.1999) by S.I. 1999/2028, art. 2

F137 Sch. 2: words inserted (6.7.1992) by S.I. 1992/1296, art. 6(1), Sch. para. 3(c) and entry repealed (1.1.1996) by S.I. 1995/2985, art. 5(1), Sch. para. 2(a)

F138 Sch. 2: entry inserted (1.1.1993) by S.I. 1992/3060, reg. 7(6), Sch. 2 para. 7

F139 Sch. 2: entry inserted (5.11.1993) by 1993 c. 43, s. 1(6), Sch. 1 para. 7(a)

F140 Sch. 2: entry inserted (5.11.1993) by 1993 c. 43, s. 1(6), Sch. 1 para. 7(b)

F141 Entries in Sch. 2 inserted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 16; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

F142 Sch. 2: entry repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 3(b), Sch. 2

F143 Sch. 2: entry deleted (31.7.1995) by S.I. 1995/1615, art. 2

F144 Sch. 2: entry deleted (31.7.1995) by S.I. 1995/1615, art. 2

F145 Sch. 2: entry inserted (27.7.1998) by S.I. 1998/1340, reg. 9(6), Sch. 2 para. 7

F146 Sch. 2: entry inserted (25.11.1998 for specified purposes and otherwise 3.7.2000) by 1998 c. 45, s. 32, Sch. 7 para. 2; S.I. 1998/2952, art. 2(2); S.I. 2000/1173, art. 2(2)(c)

F147 Sch. 2: words inserted (8.5.2000) by 1999 c. 29, s. 394(6); S.I. 2000/801, art. 2(b), Sch. Pt. 2

F148 Entry inserted by Employment Act 1988 (c. 19, SIF 43:5), s. 19, Sch. 1 para. 12 and repealed (25.10.1999) by 1999 c. 26, s. 44, Sch. 9(6); S.I. 1999/2830, art. 2(3), Sch. 2 Pt. I (with Sch. 3 para. 4)

F149 Sch. 2: entry inserted (E.W.) (31.8.1992) by 1992 c. 38, ss. 1(b), Sch. 1 para. 8; S.I. 1992/1157, art. 2, Sch. (and the said Sch. 1 para. 8 expressed to be brought into force as respects Scotland (1.5.1993) by S.I. 1993/1190, art. 2); amendment continued (1.11.1996) by 1996 c. 57, ss. 47(1), 48(2), Sch. 6 para. 1 and entry repealed (1.7.1999) by 1998 c. 38, s. 152, Sch. 18 Pt. I (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F150 Sch. 2: entry inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 11(a) (with ss. 7(6), 115, 117, 120, Sch. 23 para. 10(3)); S.I. 1996/186, art. 3 and entry repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(5)(a), Pt. IV; S.I. 1998/3178, art. 3

F151 Entry inserted (E.W.S.) by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 1, 3, Sch. 2 para. 2(a) and entry repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(5)(a), Pt. IV; S.I. 1998/3178, art. 3

F152 Entry in Sch. 2 inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(5)(b); S.I. 1998/3178, art. 3

F153 Entries in Sch. 2 inserted (1.4.2001) by 2001 c. 16, s. 128, Sch. 6 Pt. 3 para. 56; S.I. 2002/344, art. 3(k)

F154 Sch. 2: entries inserted (18.11.1996) by S.I. 1996/2601, art. 2

F155 Sch. 2: entries repealed (1.7.1999) by 1998 c. 38, s. 152, Sch. 18 Pt. I (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F156 Sch. 2: entry inserted (5.7.1994) by 1994 c. 19, s. 40(4), Sch. 14, para. 11

F157 Entry in Sch. 2 inserted (19.12.2000 for E. and 19.12.2000 for specified purposes for W. and otherwise 28.7.2001) by 2000 c. 22, ss. 57, 108(4), Sch. 4 para. 17; S.I. 2000/3335, art. 1(2), 2

F158 Entry in Sch. 2 inserted (15.1.2001) by 2000 c. 38, s. 204, Sch. 14 para. 27; S.I. 2000/3376, art. 2

F159 Sch. 2: entry inserted (1.4.1996) by S.I. 1996/273, art. 5(1), Sch. 2 para. 15(b)

F160 Entry inserted by Employment Act 1988 (c. 19, SIF 43:5), s. 33, Sch. 3 para. 8 and entry repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt I

F161 Sch. 2: entry inserted (1.10.1991) by Road Traffic Act 1991 (c. 40), s. 52(2), Sch. 5 para. 11; S.I. 1991/2054, art. 3, Sch.

F162 Sch. 2: words in entry “Urban development corporations”inserted (1.7.1999) by 1998 c. 38, s. 125, Sch. 12 para. 9(a) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F163 Sch. 2: entry inserted (10.11.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 3(1); S.I. 1993/2762, art. 3

F164 Sch. 2: entry repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4

F165 Entry inserted by Water Act 1989 (c. 15, SIF 130), ss. 5, 58(7), 101(1), 141(6), 160(1)(2)(4), 189(4)–(10), 190, 193(1), Sch. 3 para. 6, Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F166 Sch. 2: entry inserted (21.12.1993) by 1993 c. 38, ss. 4, 36(1), Sch. 1 para. 5; and entry repealed (1.7.1999) by 1998 c. 38, s. 152, Sch. 18 Pt. I (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

F167 Sch. 2: entry inserted (15.3.1999) by S.I. 1999/277, art. 2 and entry deleted (19.8.1999) by S.I. 1999/2028, art. 2

NOTES U.K.

Valid from 24/02/2003

[F168 A1 In the case of the Director of the Assets Recovery Agency an investigation under this Act may be conducted only in respect of the exercise of functions vested in him by virtue of a notice served on the Commissioners of Inland Revenue under section 317(2), 321(2) or 322(2) of the Proceeds of Crime Act 2002 (Inland Revenue functions).]

Textual Amendments

F168 Sch. 2 Note A1 inserted (24.2.2003) by 2002 c. 29, ss. 456, 458(1), Sch. 11 para. 2(3); S.I. 2003/120, art. 2, Sch. (subject to arts. 3-7)

Valid from 16/12/2003

A2 The reference to the Department for Constitutional Affairs includes the Lord Chancellor’s Department and the Public Trustee

1 The reference to the Ministry of Defence includes the Defence Council, the Admiralty Board, the Army Board and the Air Force Board.

[F169 1A The reference to the Environment Agency is a reference to that Agency in relation to all its functions other than its flood defence functions, within the meaning of the M7 Water Resources Act 1991 [F170 ; and no investigation under this Act shall be conducted in respect of any action in connection with functions of the Environment Agency in relation to Wales (within the meaning of the Government of Wales Act 1998).].]

Textual Amendments

F169 Sch. 2 Note 1A inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 11(b) (with ss. 7(6), 115, 117, 120, Sch. 23 para. 10(3)(temp.)); S.I. 1996/186, art. 3

F170 Sch. 2 Note 1A: words inserted (1.7.1999) by 1998 c. 38, ss. 125, 158(1), Sch. 12 para. 9(b) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

Marginal Citations

M7 1991 c. 57.

[F171 1B In the case of the Forestry Commission no investigation under this Act shall be conducted in respect of any action in connection with functions of the Forestry Commissioners in relation to Wales (within the meaning of the Government of Wales Act 1998).]

Textual Amendments

F171 Sch. 2 Note 1B inserted (1.7.1999) by 1998 c. 38, ss. 125, 158(1) Sch. 12 para. 9(c) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

2 The reference to the Registry of Friendly Societies includes the Central Office, the Office of the Assistant Registrar of Friendly Societies for Scotland and the Office of the Chief Registrar and the Industrial Assurance Commissioner.

3 In the case of the Corporation of the Trinity House of Deptford Strond an investigation under this Act may only be conducted in respect of action in connection with their functions as a general lighthouse authority.

4 The reference to the Lord Chancellor’s Department includes the department of the Accountant General of the Supreme Court and the department of the Public Trustee (whether or not either office is held by the Permanent Secretary to the Lord Chancellor).

5 The reference to the Lord President of the Council’s Office F172 . . . does not include the Privy Council Office.

Textual Amendments

F172 Words in Sch. 2 Note 5 omitted (3.7.1992) by virtue of S.I. 1992/1311, art. 12(1)(b)

[F173 6 The reference to the Cabinet Office does not include any of the Secretariats, the Joint Intelligence Organisation or the office of the Secretary of the Cabinet and Head of the Home Civil Service, but includes the executive agencies of the Cabinet Office and the office of any Minister whose expenses are defrayed out of moneys provided by Parliament for the service of the Cabinet Office, and the reference to the Treasury includes its subordinate departments and the office of any Minister whose expenses are defrayed out of moneys provided by Parliament for the service of the Treasury.]

Textual Amendments

F173 Sch. 2 Note 6 substituted (19.8.1999) by S.I. 1999/2028, art. 3

7 In the case of the Commission for the New Towns [F174 or a development corporation for a new town], no investigation shall be conducted under this Act in respect of any action in connection with functions in relation to housing.

Textual Amendments

F174 Sch. 2 Note 7: Words substituted (1.10.1998) by 1998 c. 38, s. 129, Sch. 15 para. 2 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4

8 The reference to the Treasury Solicitor does not include a reference to Her Majesty’s Procurator General.

[F175 8A In the case of Scottish Homes no investigation shall be conducted under this Act in respect of any of its actions as a landlord.]

Textual Amendments

F175 Note 8A inserted (1.4.1989) (E.W.S.) after Note 8 by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 1, 3, Sch. 2 para. 2(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F176 9

Textual Amendments

F176 Note 9 inserted (7.7.1989 (E.W.), 1.9.1989 (S.) (N.I.)) after Note 8 by Water Act 1989 (c. 15, SIF 130), ss. 1, 58(7), 101(1), 141(6), 160(1)(2)(4), 189(4)–(10), 190, 193(1), Sch. 1 para. 11(b), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

Sch. 2 Note 9 (as inserted by 1989 c. 15) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 11(c)(ii), Sch. 24 (with ss. 7(6), 115, 117, 120, Sch. 23 para. 10(3)); S.I. 1996/186, art. 3

9 In the case of an urban development corporation no investigation under this Act shall be conducted in respect of any action in connection with functions in relation to town and country planning.

10 In relation to any function exercised on behalf of the Crown by a department or authority to which this Act applies which was previously exercisable on behalf of the Crown by a department or authority to which this Act does not apply, the reference to the department or authority to which this Act applies includes a reference to the other department or authority if the other department or authority—

(a) ceased to exercise the function before the commencement of this Act; or

(b) where it exercised the function after the commencement of this Act, only did so when it was a department or authority to which this Act applied.

[F177 11 In the case of the Urban Regeneration Agency no investigation under this Act shall be conducted in respect of any action in connection with functions in relation to town and country planning.]

Textual Amendments

F177 Sch. 2 Note 11 inserted (10.11.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 3(2); S.I. 1993/2762, art.3

Valid from 15/11/2004

13 In the case of the Government Actuary’s Department an investigation may be conducted under this Act only in respect of the giving of advice by the Government Actuary’s Department on or before 26 April 2001 relating to the exercise of functions under-

(a) Part 2 of the Insurance Companies Act 1982 F178 , or

(b) any other enactment relating to the regulation of insurance companies within the meaning of that Act.

Textual Amendments

F178 1982 c. 50; repealed by S.I. 2001/3649.

SCHEDULE 3 U.K. Matters not subject to investigation

1 U.K. Action taken in matters certified by a Secretary of State or other Minister of the Crown to affect relations or dealings between the Government of the United Kingdom and any other Government or any international organisation of States or Governments.

2 Action taken, in any country or territory outside the United Kingdom, by or on behalf of any officer representing or acting under the authority of Her Majesty in respect of the United Kingdom, or any other officer of the Government of the United Kingdom [F179 other than action which is taken by an officer (not being an honorary consular officer) in the exercise of a consular function on behalf of the government of the United Kingdom . . . F180 .]

Textual Amendments

F179 Words added by S.I. 1979/915, art. 2

F180 Words repealed by S.I. 1988/1985, art. 2

3 U.K. Action taken in connection with the administration of the government of any country or territory outside the United Kingdom which forms part of Her Majesty’s dominions or in which Her Majesty has jurisdiction.

4 Action taken by the Secretary of State under the M8 Extradition Act 1870 [F181 , the Fugitive Offenders Act 1967 or the Extradition Act 1989].

Textual Amendments

F181 Words substituted by Extradition Act 1989 (c. 33, SIF 48), s. 36(1)

Modifications etc. (not altering text)

C30 Para. 4 extended by Fugitive Offenders Act 1967 (c. 68, SIF 48), s. 21(4)

Marginal Citations

M8 1870 c. 52(48).

5 U.K. Action taken by or with the authority of the Secretary of State for the purposes of investigating crime or of protecting the security of the State, including action so taken with respect to passports.

Modifications etc. (not altering text)

C31 Sch. 3 para. 5 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(a)

6 The commencement or conduct of civil or criminal proceedings before any court of law in the United Kingdom, of proceedings at any place under the M9 Naval Discipline Act 1957, the M10 Army Act 1955 or the M11 Air Force Act 1955, or of proceedings before any international court or tribunal.

Marginal Citations

M9 1957 c. 53(7:1).

M10 1955 c. 18(7:1).

M11 1955 c. 19(7:1).

[F182 6A U.K. Action taken by any person appointed by the Lord Chancellor as a member of the administrative staff of any court or tribunal, so far as that action is taken at the direction, or on the authority (whether express or implied), of any person acting in a judicial capacity or in his capacity as a member of the tribunal.]

Textual Amendments

F182 Sch. 3 para. 6A inserted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 110(2)

[F183 6B (1) Action taken by any member of the administrative staff of a relevant tribunal, so far as that action is taken at the direction, or on the authority (whether express or implied), of any person acting in his capacity as a member of the tribunal. U.K.

(2) In this paragraph, “relevant tribunal” has the meaning given by section 5(8) of this Act.]

Textual Amendments

F183 Sch. 3 para. 6B inserted (5.9.1994) by 1994 c. 14, ss. 1(2), 3(2)

Modifications etc. (not altering text)

C32 Sch. 3 para. 6B(2) extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(b)

[F184 6C Action taken by any person appointed under section 5(3)(c) of the Criminal Injuries Compensation Act 1995, so far as that action is taken at the direction, or on the authority (whether express or implied), of any person acting in his capacity as an adjudicator appointed under section 5 of that Act to determine appeals.]

Textual Amendments

F184 Sch. 3 para. 6C inserted (8.11.1995) by 1995 c. 53, s. 10(2)(3)

7 Any exercise of the prerogative of mercy or of the power of a Secretary of State to make a reference in respect of any person to F185 . . . the High Court of Justiciary or the Courts-Martial Appeal Court.

Textual Amendments

F185 Sch. 3 para. 7: words repealed (31.3.1997) by 1995 c. 35, s. 29(2), Sch. 3; S.I. 1997/402, arts. 3(f), 4.

Modifications etc. (not altering text)

C33 Sch. 3 para. 7 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(a)

C34 Sch. 3 para. 7 continued (28.2.1999) by S.I. 1999/652, art. 3(2)

8 [F186 (1)] Action taken on behalf of the Minister of Health or the Secretary of State by [F187 a Health Authority, a Primary Care Trust, a Special Health Authority][F188 except the Rampton Hospital Review Board][F189 . . . F190 the Rampton Hospital Board], [F191 the Broadmoor Hospital Board or the Moss Side and Park Lane Hospitals Board,][F192 . . . a Health Board or the Common Services Agency for the Scottish Health Service][F193 by the Dental Practice Board or the Scottish Dental Practice Board], or by the Public Health Laboratory Service Board.

[F194 (2) For the purposes of this paragraph, action taken by a Health Authority, Special Health Authority or Primary Care Trust in the exercise of functions of the Secretary of State shall be regarded as action taken on his behalf.]

Textual Amendments

F186 Sch. 3 para. 8 renumbered (8.2.2000) as Sch. 3 para. 8(1) by S.I. 2000/90, art. 3(1), Sch. 1 para. 5 (with art. 2(5))

F187 Words in Sch. 3 para. 8 substituted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 5(a) (with art. 2(5))

F188 Words inserted by S.I. 1981/736, art. 2

F189 Words inserted by S.I. 1986/1168, art. 2

F190 Word repealed by S.I. 1987/661, art. 2(a)

F191 Words inserted by S.I. 1987/661, art. 2(b)

F192 Sch. 3 para. 8: words repealed (28.6.1995) by 1995 c. 17, s. 5(1), Sch. 3

F193 Words in Sch. 3 para. 8 inserted (5.2.1994) by 1993 c. 46, ss. 20, 22(4), Sch. 2 para. 2

F194 Sch. 3 para. 8(2) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 5(b) (with art. 2(5))

Modifications etc. (not altering text)

C35 Sch. 3 para. 8 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(a)

9 U.K. Action taken in matters relating to contractual or other commercial transactions, whether within the United Kingdom or elsewhere, being transactions of a government department or authority to which this Act applies or of any such authority or body as is mentioned in paragraph (a) or (b) of subsection (1) of section 6 of this Act and not being transactions for or relating to—

(a) the acquisition of land compulsorily or in circumstances in which it could be acquired compulsorily;

(b) the disposal as surplus of land acquired compulsorily or in such circumstances as aforesaid.

Modifications etc. (not altering text)

C36 Sch. 3 para. 9 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(c)

10 [F195 (1)] Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters, in relation to—

(a) service in any of the armed forces of the Crown, including reserve and auxiliary and cadet forces;

(b) service in any office or employment under the Crown or under any authority [F196 to which this Act applies]; or

(c) service in any office or employment, or under any contract for services, in respect of which power to take action, or to determine or approve the action to be taken, in such matters is vested in Her Majesty, any Minister of the Crown or any such authority as aforesaid.

[F197 (2) Sub-paragraph (1)(c) above shall not apply to any action (not otherwise excluded from investigation by this Schedule) which is taken by the Secretary of State in connection with:—

(a) the provision of information relating to the terms and conditions of any employment covered by an agreement entered into by him under section 12(1) of the M12 Overseas Development and Co-operation Act 1980 or

(b) the provision of any allowance, grant or supplement or any benefit (other than those relating to superannuation) arising from the designation of any person in accordance with such an agreement.]

Textual Amendments

F195 Sch. 3 para. 10 renumbered as Sch. 3 para. 10(1) by S.I. 1983/1707, art. 2(a)

F196 Words substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39 SIF 89), s. 1(3)(c)

F197 Sch. 3 para. 10(2) inserted by S.I. 1983/1707, art. 21(b)

Modifications etc. (not altering text)

C37 Sch. 3 para. 10 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(c)

Marginal Citations

M12 1980 c. 63(88).

11 U.K. The grant of honours, awards or privileges within the gift of the Crown, including the grant of Royal Charters.

Valid from 03/04/2006

[F198 12 (1) Action not otherwise within this Schedule which is taken in the course of administrative functions exercised at the direction, or on the authority (whether express or implied), of a judge of any court established under the law of England and Wales or Northern Ireland. U.K.

(2) In this paragraph “judge” includes—

(a) a person appointed under section 89 of, and Part 2 or 3 of Schedule 2 to, the Supreme Court Act 1981, and

(b) a Master or District Judge appointed under section 70 of, and Schedule 3 to, the Judicature (Northern Ireland) Act 1978.]

Textual Amendments

F198 Sch. 3 para. 12 inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 145, 148, Sch. 17 para. 6(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 28

[F199 F200 X3 Schedule 4 U.K. Relevant Tribunals for Purposes of Section 5(7)

Editorial Information

X3 Sch. 4: this version of this provision contains details of amendments coming into force on or after 8.5.1998 and before 14.3.2005 (repealed text is retained). For previous amendment history, please refer to earlier versions.

Textual Amendments

F199 Sch. 4 inserted (5.9.1994) by 1994 c. 14, s. 1(3)

F200 Sch. 4 substituted (14.3.2005) by The Parliamentary Commissioner Order 2005 (S.I. 2005/249), art. 3, Sch. 2

• [F201 Adjudicators appointed under article 7 (1) (b) of the Criminal Injuries Compensation (Northern Ireland) Order 2002 F202 ]

• [F203 Agricultural Land Tribunals constituted under section 73 of the Agriculture Act 1947 F204 .]

• [F203 Central Arbitration Committee constituted under section 259 of the Trade Union and Labour Relations (Consolidation) Act 1992 F205 .]

• [F206 Appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998]

• [F203 Commons Commissioners constituted under section 17 of the Commons Registration Act 1965 F207 .]

• [F208 Competition Appeal Tribunal constituted under section 12 of the Enterprise Act 2002.]

• [F203 Copyright Tribunal constituted under section 145 of the Copyright Designs and Patents Act 1988 F209 .]

• [F210 [F211 Court of the Lord Lyon provision for whose powers and constitution was made in the Lyon King of Arms Act 1592 F212 and the Lyon King of Arms Act 1867 F213 .]]

• [F214 Tribunals constituted in Great Britain under regulations made under section 4 of the M13 Vaccine Damage Payments Act 1979.]

• [F203 Dairy Produce Quota Tribunal for England and Wales constituted under regulation 6 of the Dairy Produce Quotas Regulations 1984 F215 and continued in existence under regulation 35 of, and Schedule 6 to, the Dairy Produce Quotas Regulations 1994 F216 .]

• [F210 [F211 Dairy Produce Quota Tribunal for Scotland constituted under regulation 6 of the Dairy Produce Quotas Regulations 1984 F217 and continued in existence under regulation 35 of, and Schedule 6 to, the Dairy Produce Quotas Regulations 1994 F218 .]]

• [F219 Information Tribunal constituted under section 6 of the Data Protection Act 1998].

• [F214 Social security appeal tribunals constituted under section 41 of the M14 Social Security Administration Act 1992.]

• [F214 Disability appeal tribunals constituted under section 43 of that Act.]

• [F203 Employment Appeal Tribunal established under section 87 of the Employment Protection Act 1975 F220 and continued in existence under section 135 of, and Schedule 11 to, the Employment Protection (Consolidation) Act 1978 F221 .]

• [F222 Financial Services and Markets Tribunal constituted under section 132 of the Financial Services and Markets Act 2000.]

• [F210 [F223 Financial Services Tribunal constituted under section 96 of the Financial Services Act 1986 F224 .]]

• [F203 Foreign Compensation Commission constituted under section 1 of the Foreign Compensation Act 1950 F225 .]

• [F203 Horserace Betting Levy Appeal Tribunal for England and Wales constituted under section 29 of the Betting, Gaming and Lotteries Act 1963 F226 .]

• [F203 The Appeal Tribunal established for Scotland under section 29 of the Betting, Gaming and Lotteries Act 1963 which is known as the Horserace Betting Levy Appeal Tribunal for Scotland F227 .]

• [F203 Independent Schools Tribunals for England and Wales constituted under section 72 of, and Schedule 6 to, the Education Act 1944 F228 .]

• [F210 [F211 Independent Schools Tribunals for Scotland constituted under section 100 of, and Schedule 2 to, the Education (Scotland) Act 1980 F229 .]]

• [F203 [F230 Employment Tribunals] (England and Wales) established under regulation 4 of the [F230 Employment Tribunals] (Constitution and Rules of Procedure) Regulations 1993 F231 .]

• [F203 [F230 Employment Tribunals] (Scotland) established under regulation 4 of the [F230 Employment Tribunals] (Constitution and Rules of Procedure) (Scotland) Regulations 1993 F232 .]

• [F203 Insolvency Practitioners Tribunal referred to in section 396 of the Insolvency Act 1986 F233 .]

• [F210 [F211 Lands Tribunal for Scotland constituted under section 1 of the Lands Tribunal Act 1949 F234 .]]]

• [F203 Meat Hygiene Appeals Tribunal constituted under regulation 6(2) of, and Schedule 15 to, the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 F235 , regulation 6(2) of, and Schedule 21 to, the Fresh Meat (Hygiene and Inspection) Regulations 1995 F236 and regulation 5(2) of, and Schedule 12 to, the Wild Game Meat (Hygiene and Inspection) Regulations 1995 F237 [F238 other than a Tribunal any of whose members was appointed by the Secretary of State for Scotland or by the Scottish Ministers].]

• [F239 Medical appeal tribunals constituted under section 50 of that Act.]

• [F203 Misuse of Drugs Advisory Body constituted under section 16(1) of, and Part II of Schedule 3 to, the Misuse of Drugs Act 1971 F240 .]

• [F203 Misuse of Drugs Professional Panel constituted under section 16(1) of, and Part III of Schedule 3 to, the Misuse of Drugs Act 1971.]

• [F203 Misuse of Drugs Tribunal constituted under section 16(1) of, and Part I of Schedule 3 to, the Misuse of Drugs Act 1971.]

• [F210 [F241 Pensions Appeal Tribunal for Scotland constituted under section 6 of, and the Schedule to, the Pensions Appeal Tribunals Act 1943 F242 .]]

• [F203 Pensions Ombudsman established under section 145 of the Pension Schemes Act 1993 F243 .]

• [F203 Persons hearing consumer credit licensing appeals appointed under regulation 19 of the Consumer Credit Licensing (Appeals) Regulations 1976 F244 .]

• [F203 Persons hearing estate agents’ appeals appointed under regulation 19 of the Estate Agents (Appeals) Regulations 1981 F245 .]

• [F203 Plant Varieties and Seeds Tribunal [F246 (referred to in section 42 of the Plant Varieties Act 1997)].]

• [F203 Reference Committees constituted under section 27 of the Forestry Act 1967 F247 .]

• [F203 Registered Homes Tribunals constituted under section 40 of the Registered Homes Act 1984 F248 .]

• [F203 Registered Inspectors of Schools Appeal Tribunals constituted under section 12 of, and Schedule 3 to, the Education (Schools) Act 1992 F249 .]

• [F203 Rent Assessment Committees constituted under section 65 of, and Schedule 10 to, the Rent Act 1977 F250 and also known as Leasehold Valuation Tribunals for the purpose of determinations pursuant to section 21(1), (2) and (3) of the Leasehold Reform Act 1967 F251 as amended by section 142 of, and Schedule 22 to, the Housing Act 1980 F252 and section 91 of the Leasehold Reform, Housing and Urban Development Act 1993 F253 and as rent tribunals for the purpose of references pursuant to the provisions in Part V of the Rent Act 1977 F254 as amended by section 72 of the Housing Act 1980 F255 .]

• [F210 [F211 Rent Assessment Committees for Scotland constituted under section 44 of, and Schedule 4 to, the Rent (Scotland) Act 1984 F256 .]]

• [F210 [F211 Scottish Land Court constituted under section 3 of the Small Landholders (Scotland) Act 1911 F257 .]]

• [F258 Special Educational Needs and Disability Tribunal]

• [F259 Traffic Commissioners appointed under section 4 of the Public Passenger Vehicles Act 1981 F260 ]

• Tribunals of Appeal constituted under section 109 of the London Building Acts (Amendment) Act 1939.

• [F203 Valuation Tribunals established under regulation 3 of the Valuation and Community Charge Tribunals Regulations 1989 F261 as amended by regulation 5 of the Valuation and Community Charge Tribunals (Amendment) Regulations 1993 F262 .]

Textual Amendments

F201 Sch. 4: entry inserted (16.12.2003) by The Parliamentary Commissioner Order 2003 (S.I. 2003/2921), art. 4(a)

F202 S.I. 2002/796 (N.I. 1).

F203 Sch. 4: entries inserted (23.8.1996) by S.I. 1996/1914, art. 2

F204 1947 c.48.

F205 1992 c.52.

F206 Entry in Sch. 4 substituted (19.8.1999) by S.I. 1999/2028, art. 4

F207 1965 c.64.

F208 Sch. 4: entry inserted (20.6.2003) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 2, Sch. para.1

F209 1988 c.48.

F210 Sch. 4: entries inserted (23.8.1996) by S.I. 1996/1914, art. 2

F211 Entries in Sch. 4 omitted (1.7.1999) by virtue of S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(6); S.I. 1998/3178, art. 3

F212 1592 c.29.

F213 30 Vict. c.17.

F214 Entries in Sch. 4 deleted (13.4.2000) by S.I. 2000/739, art. 3

F215 S.I. 1984/1047.

F216 S.I. 1994/672.

F217 S.I. 1984/1047.

F218 S.I. 1994/672.

F219 Entry in Sch. 4 substituted (14.5.2001) by 2000 c. 36, s. 18(4), Sch. 2 Pt. I para. 5 (with ss. 7(1)(7), 56, 78); S.I. 2001/1637, art. 2(b)

F220 1975 c.71.

F221 1978 c.44.

F222 Entry in Sch. 4 inserted (1.12.2001) by S.I. 2001/3649, art. 275

F223 Sch. 4: entry deleted (16.12.2003) by The Parliamentary Commissioner Order 2003 (S.I. 2003/2921), art. 4(b)

F224 1986 c.60.

F225 1950 c.12.

F226 1963 c.2.

F227 1963 c.2.

F228 1944 c.31.

F229 1980 c.44.

F230 Words in Sch. 4 substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F231 S.I. 1993/2687.

F232 S.I. 1993/2688.

F233 1986 c.45.

F234 1949 c.42.

F235 S.I. 1995/540.

F236 S.I. 1995/539.

F237 S.I. 1995/2148.

F238 Words in Sch. 4 in entry relating to “Meat Hygiene Appeals Tribunal”inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 39(6); S.I. 1998/3178, art. 3

F239 Entry in Sch. 4 deleted (6.9.1999) by S.I. 1999/2028, art. 5

F240 1971 c.38.

F241 Sch. 4: entry deleted (16.12.2003) by The Parliamentary Commissioner Order 2003 (S.I. 2003/2921), art. 4(b)

F242 6 & 7 Geo 6. c.39.

F243 1993 c.48.

F244 S.I. 1976/837.

F245 S.I. 1981/1518.

F246 Words in the definition in Sch. 4 substituted (8.5.1998) by 1997 c. 66, s. 51(3); S. I. 1998/1028, art. 2

F247 1967 c.10.

F248 1984 c.23.

F249 1992 c.38.

F250 1977 c.42.

F251 1967 c.88.

F252 1980 c.51.

F253 1993 c.28.

F254 1977 c.42.

F255 1980 c.51.

F256 1984 c.58.

F257 1 & 2 Geo 5. c.49.

F258 Sch. 4: entry substituted (16.12.2003) by The Parliamentary Commissioner Order 2003 (S.I. 2003/2921), art. 4(c)

F259 Sch. 4: entry inserted (16.12.2003) by The Parliamentary Commissioner Order 2003 (S.I. 2003/2921), art.4(a)

F260 1981 c. 14.

F261 S.I. 1989/439.

F262 S.I. 1993/292.

Marginal Citations

M13 1979 c. 17.

M14 1992 c. 5.