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.

[F28 (5) Information obtained from the Information Commissioner by virtue of section 76(1) of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (2) of this section as obtained for the purposes of an investigation under this Act and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation.]

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

F28 S. 11(5) inserted (30.1.2001) by 2000 c. 36, ss. 76(2), 87(2)(b), Sch. 7 para. 1 (with ss. 56, 78)

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

[F29 11A Consultations between Parliamentary Commissioner and [F30 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 [F31 the Welsh Administration Ombudsman or of] the Health Service Commissioner for England, Wales or Scotland, he shall—

(a) unless he also holds [F32 the office concerned], consult about the complaint with him; and

(b) if he considers it necessary, inform the person initiating the complaint under [F33 the Government of Wales Act 1998 or] this Act of the steps necessary to initiate a complaint under [F34 the Health Service Commissioners Act 1993.]

(2) Where by virtue of subsection (1) above the Commissioner consults with the [F35 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

F29 S. 11A inserted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 4(2)

F30 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

F31 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

F32 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

F33 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

F34 Words in s. 11A(1)(b) substituted (5.2.1994) by 1993 c. 46, ss. 20, 22(4), Sch. 2 para. 1

F35 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

[F36 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

F36 S. 11ZAA inserted (1.8.2007) by The Regulatory Reform (Collaboration etc. between Ombudsmen) Order 2007 (S.I. 2007/1889), art. 2

[F37 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

F37 S. 11AA inserted (30.1.2001) by 2000 c. 36, ss. 76(2), 87(2)(b), Sch. 7 para. 2 (with ss. 56, 78)

[F38 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

F38 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 [F39 or body] established by or with the authority of the Parliament of Northern Ireland; but this Act shall apply to any such department [F40 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 [F41 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

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

F40 Words substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 1(3)(a)(ii)

F41 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 [F42 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

F42 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.

[F43 SCHEDULE 1 U.K. Pensions and other benefits

Textual Amendments

F43 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)

  [F44 section 1 of the Pension Schemes Act 1993], or

  (b)

  [F45 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

F44 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

F45 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

[F46 X1 F47 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

F46 Sch. 2 substituted (14.3.2005) by The Parliamentary Commissioner Order 2005 (S. I. 2005/249), art. 2, Sch. 1

F47 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

• [F48 X2 Accounts Commission for Scotland]

• [F49 Advisory Board on Family Law]

• [F49 Advisory Committee on Novel Foods and Processes]

• Advisory, Conciliation and Arbitration Service.

• [F49 Advisory Council on Public Records]

• [F49 Agricultural Dwelling House Advisory Committees]

• [F50 Agricultural Wages Board for England and Wales]

• Agricultural wages committees.

• [F51 Ministry of Agriculture, Fisheries and Food]

• [F50 Alcohol Education and Research Council]

• [F49 Apple and Pear Research Council]

• [F52 Arts Council of England]

• [F53 Arts Council of Wales (Cyngor Celfyddydau Cymru)]

• Arts Council of Great Britain.

• [F54 Scottish Arts Council]

• [F55 Director of the Assets Recovery Agency.]

• [F49 Authorised Conveyancing Practitioners Board]

• [F49 Boundary Commission for Northern Ireland]

• [F50 Britain-Russia Centre and the British East-West Centre]

• [F50 British Association for Central and Eastern Europe]

• British Council.

• [F49 British Educational Communications and Technology Agency]

• [F49 British Hallmaking Council]

• British Library Board.

• [F49 British Museum]

• [F49 British Potato Council]

• [F49 British Tourist Authority]

• [F49 Broadcasting Standards Commission]

• [F56 Building Societies Commission.]

• [F50 Cabinet Office]

• Central Police Training and Development Authority

• [F57 F49 Central Rail Users’ Consultative Committee]

• Certification Officer.

• [F58 F59 Central Statistical Office of the Chancellor of the Exchequer]

• Charity Commission.

• [F58 Children and Family Court Advisory and Support Service.]

• [F49 Civil Aviation Authority]

• [F49 Civil Justice Council]

• [F60 Office of the Minister for the Civil Service]

• Civil Service Commission.

• [F49 Clinical Standards Advisory Group]

• [F61 Commission for Health Improvement]

• [F62 The Commission for Patient and Public Involvement in Health.]

• [F63 Commissioner for Protection Against Unlawful Industrial Action]

• [F49 Commissioner for the Rights of Trade Union Members]

• [F49 Committee for Monitoring Agreements on Tobacco Advertising and Sponsorship]

• [F49 Committee of Investigation for Great Britain]

• [F49 Committee on Standards in Public Life]

• [F64 Commonwealth Institute]

• [F49 Commonwealth Scholarship Commission in the United Kingdom]

• [F49 Community Development Foundation]

• [F50 Competition Commission]

• [F49 Consumer Panel]

• [F49 Consumers’ Committee for Great Britain under the Agricultural Marketing Act 1958]

• [F65 Coal Authority.]

• Co-operative Development Agency.

• [F66 Countryside Agency]

• [F67 Countryside Commission for Scotland]

• [F68 Countryside Council for Wales.]

• Crafts Council.

• [F69 Crofters Commission]

• Crown Estate Office.

• [F70 Department for Culture, Media, and Sport.]

• Customs and Excise.

• [F71 [F72 Data Protection Commissioner]]

• [F73 Deer Commission for Scotland]

• Ministry of Defence.

• [F49 Design Council]

• Development Commission.

• [F74 Disability Rights Commission]

• [F75 United Kingdom Ecolabelling Board]

• [F76 The Department for Education and Employment.]

• [F49 Docklands Light Railway]

• [F77 Education Assets Board.]

• [F78 Department for Education]

• [F79 Department for Education and Skills]

• Central Bureau for Educational Visits and Exchanges.

• [F80 Electoral Commission.]

• [F81 F49 East Midlands Region Electricity Consumers’ Committee]

• [F81 F49 Eastern Region Electricity Consumers’ Committee]

• [F81 [F82 Office of the Director General of Electricity Supply.]]

• [F83 Department of Employment]

• [F84 Department of Energy]

• [F85 Department of the Environment]

• [F86 Department for Environment, Food and Rural Affairs]

• [F87 Department for Transport]

• [F88 Department for Work and Pensions]

• [F89 English National Board for Nursing, Midwifery and Health Visiting]

• [F90 English Nature]

• [F91 [F92 The Department of the Environment, Transport and the Regions.]]

• [F93 Environment Agency]

• [F93 Scottish Environment Protection Agency]

• Equal Opportunities Commission.

• Export Credits Guarantee Department.

• [F94 Office of the Director General of Fair Trading.]

• British Film Institute.

• [F49 Fleet Air Arm Museum]

• [F49 Food Advisory Committee]

• [F49 Food from Britain]

• [F95 Food Standards Agency]

• [F49 Football Licensing Authority]

• Foreign and Commonwealth Office.

• Forestry Commission.

• [F56 [F96 Friendly Societies Commission]]

• [F56 Registry of Friendly Societies.]

• [F49 Further Education Funding Council for England]

• [F50 Gaming Board for Great Britain]

• [F81 [F49 Gas Consumers’ Council.]]

• [F97 Gas and Electricity Consumer Council.]

• [F97 Gas and Electricity Markets Authority.]

• [F81 Office of the Director General of Gas Supply.]

• [F49 Geffrye Museum]

• [F49 Gene Therapy Advisory Committee]

• [F98 General Social Care Council.]

• [F48 General Teaching Council for Scotland]

• [F99 Department of Health.]

• Health and Safety Commission.

• Health and Safety Executive.

• . . . F100

• [F101 Highlands and Islands Development Board]

• [F49 Higher Education Funding Council for England]

• Historic Buildings and Monuments Commission for England.

• [F49 Historic Royal Palaces]

• [F49 Home-Grown Cereals Authority]

• Home Office.

• [F49 Horniman Museum and Gardens]

• Horserace Betting Levy Board.

• [F49 Horticultural Development Council]

• Housing Corporation.

• [F102 Housing for Wales]

• [F103 Human Fertilisation and Embryology Authority.]

• [F104 The Immigration Services Commissioner]

• [F49 Imperial War Museum]

• Central Office of Information.

• [F105 Information Commissioner.]

• Inland Revenue.

• [F106 Department for International Developement.]

• [F107 Intervention Board for Agricultural Produce.]

• [F49 Investors in People UK]

• [F49 Joint Nature Conservation Committee]

• Land Registry.

• [F108 Legal Aid Board]

• [F109 Scottish Legal Aid Board.]

• [F110 Legal Services Commission]

• [F111 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.

• [F48 Local Government Boundary Commission for Scotland]

• [F112 Local Government Commission for England.]

• [F81 [F49 London Region Electricity Consumers’ Committee]]

• [F49 London Regional Passengers’ Committee]

• [F49 Lord Chancellor’s Advisory Committee on Legal Education and Conduct]

• The Lord Chancellor’s Department.

• Lord President of the Council’s Office.

• . . . F113

• . . . F114

• [F49 Marshall Aid Commemoration Commission]

• [F49 Meat and Livestock Commission]

• [F115 Medical Practices Committee.]

• [F116 Scottish Medical Practices Committee.]

• [F49 Medical Workforce Standing Advisory Committee]

• [F81 [F49 Merseyside and North Wales Region Electricity Consumers’ Committee]]

• [F81 [F49 Midlands Region Electricity Consumers’ Committee]]

• [F49 Milk Development Council]

• [F49 Millennium Commission]

• [F117 Monopolies and Mergers Commission]

• Museums and Galleries Commission.

• [F49 Museum of London]

• [F49 Museum of Science and Industry in Manchester]

• [F49 National Army Museum]

• [F49 National Biological Standards Board (UK)]

• [F118 National Care Standards Commission.]

• [F49 National Consumer Council]

• National Debt Office.

• [F49 National Employers’ Liaison Committee]

• [F49 National Endowment for Science, Technology and the Arts]

• [F49 National Film and Television School]

• [F49 National Forest Company]

• [F48 National Galleries of Scotland]

• [F49 National Gallery]

• [F48 National Library of Scotland]

• [F48 National Museums of Scotland]

• [F119 National Rivers Authority]

• [F120 Department of National Heritage.]

• Trustees of the National Heritage Memorial Fund.

• [F121 Office of the Director General of the National Lottery]

• [F122 National Lottery Commission]

• [F49 National Lottery Charities Board]

• Department for National Savings.

• [F123 Scottish Natural Heritage.]

• [F49 National Maritime Museum]

• [F49 National Museum of Science and Industry]

• [F49 National Museums and Galleries on Merseyside]

• [F49 National Portrait Gallery]

• [F49 National Radiological Protection Board]

• [F49 Natural History Museum]

• Nature Conservancy Council.

• [F124 [F125 Nature Conservancy Council for England.]]

• [F126 Nature Conservancy Council for Scotland]

• [F49 New Millennium Experience Company Ltd]

• [F49 New Opportunities Fund]

• Commission for the New Towns.

• Development corporations for new towns.

• [F81 [F49 North Eastern Region Electricity Consumers’ Committee]]

• [F81 [F50 North of Scotland Region Electricity Consumers’ Committee]]

• [F81 [F49 North Western Region Electricity Consumers’ Committee]]

• Northern Ireland Court Service.

• [F49 Northern Ireland Human Rights Commission]

• Northern Ireland Office.

• [F127 Northern Ireland Policing Board]

• [F52 Occupational pensions Board]

• [F128 The Occupational Pensions Regulatory Authority]

• [F129 Office of the Commissioner for Protection Against Unlawful Industrial Action]

• [F49 Oil and Pipelines Agency]

• [F49 Parliamentary Boundary Commission for England]

• [F50 Parliamentary Boundary Commission for Scotland]

• [F49 Parliamentary Boundary Commission for Wales]

• [F49 Parole Board]

• [F48 Parole Board for Scotland]

• [F130 The Pensions Compensation Board]

• Ordnance Survey.

• [F59 Office of Population Censuses and Surveys]

• [F131 Consumer Council for Postal Services]

• [F132 Police Information Technology Organisation]

• [F133 [F49 Post Office Users’ Council for Northern Ireland]]

• [F133 [F49 Post Office Users’ Council for Scotland]]

• [F133 [F49 Post Office Users’ Council for Wales]]

• [F133 [F49 Post Office Users’ National Council]]

• [F134 Postal Services Commission]

• [F49 Probation Board for Northern Ireland]

• [F135 Commissioner for Protection Against Unlawful Industrial Action]

• Registrar of Public Lending Right.

• Public Record Office.

• [F136 Office of Fair Trading]

• [F137 Office of Public Service][F138 and Science] .

• [F49 Qualifications Curriculum Authority]

• [F139 The International Rail Regulator.]

• [F57 [F140 The Director of Passenger Rail Franchising.]]

• [F141 The Rail Regulator.]

• Scottish Record Office.

• Commission for Racial Equality.

• [F142 Rail Passengers’ Committees.]

• [F142 Rail Passengers’ Council.]

• [F57 [F49 Rail Users’ Consultative Committee for Eastern England]]

• [F57 [F49 Rail Users’ Consultative Committee for North Eastern England]]

• [F57 [F49 Rail Users’ Consultative Committee for North Western England]]

• [F57 [F49 Rail Users’ Consultative Committee for Scotland]]

• [F57 [F49 Rail Users’ Consultative Committee for Southern England]]

• [F57 [F49 Rail Users’ Consultative Committee for the Midlands]]

• [F57 [F49 Rail Users’ Consultative Committee for Wales]]

• [F57 [F49 Rail Users’ Consultative Committee for Western England]]

• [F49 Remploy Ltd]

• [F143 Red Deer Commission]

• [F116 Department of the Registers of Scotland]

• [F116 General Register Office, Scotland]

• [F144 Agriculture and Food Research Council]

• [F52 Biotechnology and Biological Sciences Research Council]

• [F52 Council for the Central Laboratory of Research Councils]

• Economic and Social Research Council.

• [F52 Engineering and Physical Sciences Research Council]

• Medical Research Council.

• Natural Environment Research Council.

• [F52 Particle Physics and Astronomy Research Council]

• [F145 Science and Engineering Research Council]

• [F146 The International Rail Regulator]

• [F147 Regional development agencies]

• [F148 (other than the London Development Agency)]

• Residuary Bodies.

• [F49 Reviewing Committee on the Export of Works of Art]

• [F149 Office of the Commissioner for the Rights of Trade Union Members]

• [F49 Royal Air Force Museum]

• [F49 Royal Armouries Museum]

• [F48 Royal Botanic Garden, Edinburgh]

• [F49 Royal Botanic Gardens, Kew]

• [F49 Royal Commission on Historical Manuscripts]

• [F48 Royal Commission on the Ancient and Historical Monuments of Scotland]

• [F49 Royal Commission on the Historical Monuments of England]

• [F49 Royal Marines Museum]

• Royal Mint.

• [F49 Royal Naval Museum]

• [F49 Royal Navy Submarine Museum]

• [F150 Office of Her Majesty’s Chief Inspector of Schools in Wales.]

• [F49 Scientific Committee on Tobacco and Health]

• [F48 Scottish Agricultural Wages Board]

• [F48 Scottish Children’s Reporter Administration]

• [F48 Scottish Community Education Council]

• [F48 Scottish Consultative Council on the Curriculum]

• [F48 Scottish Council for Educational Technology]

• [F116 Scottish Courts Administration.]

• [F151 Scottish Environmental Protection Agency]

• [F48 Scottish Further Education Funding Council]

• [F48 Scottish Further Education Unit]

• [F48 Scottish Higher Education Funding Council]

• [F152 Scottish Homes.]

• Scottish Office.

• [F48 Scottish Qualifications Authority]

• [F48 Scottish Screen Ltd]

• [F48 Scottish Studentship Selection Committee]

• [F48 Scottish Water and Sewerage Customers’ Council]

• [F49 Sea Fish Industry Authority]

• [F153 Office of the Secretary of State for Scotland]

• [F154 The Service Authority for the National Crime Squad.]

• [F154 The Service Authority for the National Criminal Intelligence Service.]

• [F49 Sir John Soane’s Museum]

• Council for Small Industries in Rural Areas.

• [F99 Department of Social Security.]

• Central Council for Education and Training in Social Work.

• [F81 [F49 South Eastern Region Electricity Consumers’ Committee]]

• [F81 [F49 South of Scotland Region Electricity Consumers’ Committee]]

• [F81 [F49 South Wales Region Electricity Consumers’ Committee]]

• [F81 [F49 South Western Region Electricity Consumers’ Committee]]

• [F81 [F49 Southern Region Electricity Consumers’ Committee]]

• Sports Council.

• [F155 English Sports Council]

• Scottish Sports Council.

• [F155 United Kingdom Sports Council.]

• [F156 Sports Council for Wales.]

• [F157 The Staff Commission for Wales (Comisiwn Staff Cymru).]

• [F158 Standards Board for England.]

• [F49 Standing Dental Advisory Committee]

• [F49 Standing Medical Advisory Committee]

• [F49 Standing Nursing and Midwifery Advisory Committee]

• [F49 Standing Pharmaceutical Advisory Committee]

• Stationery Office.

• [F159 Strategic Rail Authority.]

• [F160 The Office for National Statistics.]

• [F49 Tate Gallery]

• [F49 Teacher Training Agency]

• Office of the Director General of Telecommunications.

• [F49 The Great Britain-China Centre]

• [F49 The Simpler Trade Procedures Board]

• English Tourist Board.

• [F116 Scottish Tourist Board.]

• [F156 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.

• . . . F161

• [F162 Traffic Director for London.]

• [F85 Department of Transport, Local Government and the Regions]

• [F49 Treasure Valuation Committee]

• Treasury.

• Treasury Solicitor.

• [F49 United Kingdom Atomic Energy Authority]

• [F49 United Kingdom Register of Organic Food Standards]

• [F49 United Kingdom Xenotransplantation Interim Regulatory Authority]

• [F49 Unrelated Live Transplant Regulatory Authority]

• Urban development corporations [F163 established for urban development areas wholly in England].

• [F164 Urban Regeneration Agency.]

• [F49 Victoria and Albert Museum]

• [F165 Development Board for Rural Wales]

• [F49 Wallace Collection]

• [F49 War Pensions Committees]

• [F166 Office of the Director General of Water Services.]

• [F167 Bwrdd yr Iaith Gymraeg (Welsh Language Board)]

• Welsh Office.

• [F49 Westminster Foundation for Democracy]

• [F49 Wine Standards Board of the Vintners’ Company]

• [F49 Women’s National Commission]

• [F49 Yorkshire Region Electricity Consumers’ Committee]

• [F168 Youth Justice Board]

• [F50 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

F48 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

F49 Entries in Sch. 2 inserted (15.3.1999) by S.I. 1999/277, art. 2

F50 Entries in Sch. 2 inserted (19.8.1999) by S.I. 1999/2028, art. 2

F51 Entry in Sch. 2 repealed (27.3.2002) by S.I. 2002/794, art. 5(2), Sch. 2 (with art. 6)

F52 Sch. 2: entries inserted (31.7.1995) by virtue of S.I. 1995/1615, art. 2

F53 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

F54 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

F55 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)

F56 Entries in Sch. 2 repealed (1.12.2001) by S.I. 2001/3649, art. 274

F57 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)

F58 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)

F59 Sch. 2: entries repealed (1.4.1996) by S.I. 1996/273, art. 5(1), Sch. 2 para. 15(a)

F60 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)

F61 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)

F62 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

F63 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)

F64 Sch. 2: entry repealed (7.1.2003) by 2002 c. 39, ss. 1(4), 3, 4(2), Sch. 1 para. 1, Sch. 3

F65 Sch. 2: entry inserted (5.7.1994) by 1994 c. 21, s. 1, Sch. 1 Pt. I, para. 10

F66 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)

F67 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

F68 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

F69 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

F70 Sch. 2: entry inserted (22.8.1997) by S.I. 1997/1744, art. 2(2), Sch. para. 2

F71 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)

F72 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)

F73 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

F74 Entry in Sch. 2 inserted (13.4.2000) by S.I. 2000/739, art. 2

F75 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

F76 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)

F77 Entry inserted by Education Reform Act 1988 (c. 40, SIF 40:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 67

F78 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)

F79 Entry in Sch. 2 inserted (27.6.2002) by S.I. 2002/1397, art. 12, Sch. Pt. I para. 4(b)

F80 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)

F81 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)

F82 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)

F83 Sch. 2: entry repealed (1.1.1996) by S.I. 1995/2986, art. 11, Sch. para. 5(a)

F84 Sch. 2: entry repealed (5.7.1992) by S.I. 1992/1314, art. 5

F85 Sch. 2: entries repealed (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. para. 2(a)

F86 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)

F87 Entry in Sch. 2 inserted (13.8.2001) by S.I. 2001/2568, art. 16, Sch. para. 2(b)

F88 Entry in Sch. 2 inserted (27.6.2002) by S.I. 2002/1397, art. 12, Sch. Pt. I para. 4(b)

F89 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))

F90 Entry in Sch. 2 inserted (30.1.2001) by 2000 c. 37, ss. 73(4), 103(2), Sch. 8 para. 2(c)

F91 Entry in Sch. 2 repealed (13.8.2001) by S.I. 2001/2568, art. 16, Sch. para. 2(a)

F92 Sch. 2: entry inserted (26.1.1998) by S.I. 1997/2791, art. 6(1), Sch. para. 2(b)

F93 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

F94 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)

F95 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

F96 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

F97 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.

F98 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)

F99 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)

F100 Entry repealed by S.I. 1988/1843, art. 5(2)(a)

F101 Words repealed (1.4.1991) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. III

F102 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

F103 Entry inserted by Human Fertilisation and Embryology Act 1990 (c. 37, SIF 83:1), s. 5(3), Sch. 1 para. 14

F104 Sch. 2: entry inserted (22.5.2000) by 1999 c. 33, s. 83, Sch. 5 para. 25; S.I. 2000/1282, art. 2, Sch.

F105 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)

F106 Sch. 2: entry inserted (22.8.1997) by S.I. 1997/1749, art. 8

F107 Entry in Sch. 2 repealed (15.11.2001) by S.I. 2001/3686, reg. 6(2)

F108 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.

F109 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

F110 Sch. 2: entry inserted (1.4.2000) by 1999 c. 22, s. 24, Sch. 4 para. 2; S.I. 2000/774, art. 2(a)

F111 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

F112 Sch. 2: entry inserted (6.3.1992) by Local Government Act 1992 (c. 19), s. 12, Sch. 2 para. 11

F113 Entry repealed by S.I. 1987/2039, art. 4(1)(a)

F114 Entry repealed by Employment Act 1988 (c. 19, SIF 43:5), s. 33(2), Sch. 4

F115 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.

F116 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

F117 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

F118 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)

F119 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

F120 Sch. 2: entry inserted (3.7.1992) by S.I. 1992/1311, art. 12(1)(a)

F121 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

F122 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

F123 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

F124 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

F125 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

F126 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

F127 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.

F128 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

F129 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)

F130 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

F131 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

F132 Sch. 2: entry inserted (1.4.1998) by 1997 c. 50, s. 134(1), Sch. 9 para. 7; S.I. 1998/354, art. 2

F133 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

F134 Sch. 2: entry inserted (1.4.2000) by S.I. 1999/2107, reg. 3(4)

F135 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

F136 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)

F137 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

F138 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)

F139 Sch. 2: entry inserted (1.1.1993) by S.I. 1992/3060, reg. 7(6), Sch. 2 para. 7

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

F141 Sch. 2: entry inserted (5.11.1993) by 1993 c. 43, s. 1(6), Sch. 1 para. 7(b)

F142 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)

F143 Sch. 2: entry repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 3(b), Sch. 2

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

F145 Sch. 2: entry deleted (31.7.1995) by S.I. 1995/1615, art. 2

F146 Sch. 2: entry inserted (27.7.1998) by S.I. 1998/1340, reg. 9(6), Sch. 2 para. 7

F147 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)

F148 Sch. 2: words inserted (8.5.2000) by 1999 c. 29, s. 394(6); S.I. 2000/801, art. 2(b), Sch. Pt. 2

F149 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)

F150 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

F151 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

F152 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

F153 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

F154 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)

F155 Sch. 2: entries inserted (18.11.1996) by S.I. 1996/2601, art. 2

F156 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

F157 Sch. 2: entry inserted (5.7.1994) by 1994 c. 19, s. 40(4), Sch. 14, para. 11

F158 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

F159 Entry in Sch. 2 inserted (15.1.2001) by 2000 c. 38, s. 204, Sch. 14 para. 27; S.I. 2000/3376, art. 2

F160 Sch. 2: entry inserted (1.4.1996) by S.I. 1996/273, art. 5(1), Sch. 2 para. 15(b)

F161 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

F162 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.

F163 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

F164 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

F165 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

F166 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

F167 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

F168 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

[F169 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

F169 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.

[F170 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 [F171 ; 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

F170 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

F171 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.

[F172 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

F172 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

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

F173 2

Textual Amendments

F173 Sch. 2 Note 2 repealed (1.12.2001) by S.I. 2001/3649, arts. 1(1), 274

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 F174 . . . does not include the Privy Council Office.

Textual Amendments

F174 Words in Sch. 2 Note 5 omitted (3.7.1992) by virtue of S.I. 1992/1311, art. 12(1)(b)

[F175 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

F175 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 [F176 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

F176 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.

[F177 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

F177 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.

F178 9

Textual Amendments

F178 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.

[F179 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

F179 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 F180 , or

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

Textual Amendments

F180 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 [F181 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 . . . F182 .]

Textual Amendments

F181 Words added by S.I. 1979/915, art. 2

F182 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 [F183 , the Fugitive Offenders Act 1967 or the Extradition Act 1989].

Textual Amendments

F183 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).

[F184 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

F184 Sch. 3 para. 6A inserted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 110(2)

[F185 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

F185 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)

[F186 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

F186 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 F187 . . . the High Court of Justiciary or the Courts-Martial Appeal Court.

Textual Amendments

F187 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 [F188 (1)] Action taken on behalf of the Minister of Health or the Secretary of State by [F189 a Health Authority, a Primary Care Trust, a Special Health Authority][F190 except the Rampton Hospital Review Board][F191 . . . F192 the Rampton Hospital Board], [F193 the Broadmoor Hospital Board or the Moss Side and Park Lane Hospitals Board,][F194 . . . a Health Board or the Common Services Agency for the Scottish Health Service][F195 by the Dental Practice Board or the Scottish Dental Practice Board], or by the Public Health Laboratory Service Board.

[F196 (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

F188 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))

F189 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))

F190 Words inserted by S.I. 1981/736, art. 2

F191 Words inserted by S.I. 1986/1168, art. 2

F192 Word repealed by S.I. 1987/661, art. 2(a)

F193 Words inserted by S.I. 1987/661, art. 2(b)

F194 Sch. 3 para. 8: words repealed (28.6.1995) by 1995 c. 17, s. 5(1), Sch. 3

F195 Words in Sch. 3 para. 8 inserted (5.2.1994) by 1993 c. 46, ss. 20, 22(4), Sch. 2 para. 2

F196 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 [F197 (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 [F198 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.

[F199 (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

F197 Sch. 3 para. 10 renumbered as Sch. 3 para. 10(1) by S.I. 1983/1707, art. 2(a)

F198 Words substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39 SIF 89), s. 1(3)(c)

F199 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

[F200 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

F200 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

[F201 F202 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

F201 Sch. 4 inserted (5.9.1994) by 1994 c. 14, s. 1(3)

F202 Sch. 4 substituted (14.3.2005) by The Parliamentary Commissioner Order 2005 (S.I. 2005/249), art. 3, Sch. 2

• [F203 Adjudicators appointed under article 7 (1) (b) of the Criminal Injuries Compensation (Northern Ireland) Order 2002 F204 ]

• [F205 Agricultural Land Tribunals constituted under section 73 of the Agriculture Act 1947 F206 .]

• [F205 Central Arbitration Committee constituted under section 259 of the Trade Union and Labour Relations (Consolidation) Act 1992 F207 .]

• [F208 Appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998]

• [F205 Commons Commissioners constituted under section 17 of the Commons Registration Act 1965 F209 .]

• [F210 Competition Appeal Tribunal constituted under section 12 of the Enterprise Act 2002.]

• [F205 Copyright Tribunal constituted under section 145 of the Copyright Designs and Patents Act 1988 F211 .]

• [F212 [F213 Court of the Lord Lyon provision for whose powers and constitution was made in the Lyon King of Arms Act 1592 F214 and the Lyon King of Arms Act 1867 F215 .]]

• [F216 Tribunals constituted in Great Britain under regulations made under section 4 of the M13 Vaccine Damage Payments Act 1979.]

• [F205 Dairy Produce Quota Tribunal for England and Wales 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 .]

• [F212 [F213 Dairy Produce Quota Tribunal for Scotland constituted under regulation 6 of the Dairy Produce Quotas Regulations 1984 F219 and continued in existence under regulation 35 of, and Schedule 6 to, the Dairy Produce Quotas Regulations 1994 F220 .]]

• [F221 Information Tribunal constituted under section 6 of the Data Protection Act 1998].

• [F216 Social security appeal tribunals constituted under section 41 of the M14 Social Security Administration Act 1992.]

• [F216 Disability appeal tribunals constituted under section 43 of that Act.]

• [F205 Employment Appeal Tribunal established under section 87 of the Employment Protection Act 1975 F222 and continued in existence under section 135 of, and Schedule 11 to, the Employment Protection (Consolidation) Act 1978 F223 .]

• [F224 Financial Services and Markets Tribunal constituted under section 132 of the Financial Services and Markets Act 2000.]

• [F212 [F225 Financial Services Tribunal constituted under section 96 of the Financial Services Act 1986 F226 .]]

• [F205 Foreign Compensation Commission constituted under section 1 of the Foreign Compensation Act 1950 F227 .]

• [F205 Horserace Betting Levy Appeal Tribunal for England and Wales constituted under section 29 of the Betting, Gaming and Lotteries Act 1963 F228 .]

• [F205 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 F229 .]

• [F205 Independent Schools Tribunals for England and Wales constituted under section 72 of, and Schedule 6 to, the Education Act 1944 F230 .]

• [F212 [F213 Independent Schools Tribunals for Scotland constituted under section 100 of, and Schedule 2 to, the Education (Scotland) Act 1980 F231 .]]

• [F205 [F232 Employment Tribunals] (England and Wales) established under regulation 4 of the [F232 Employment Tribunals] (Constitution and Rules of Procedure) Regulations 1993 F233 .]

• [F205 [F232 Employment Tribunals] (Scotland) established under regulation 4 of the [F232 Employment Tribunals] (Constitution and Rules of Procedure) (Scotland) Regulations 1993 F234 .]

• [F205 Insolvency Practitioners Tribunal referred to in section 396 of the Insolvency Act 1986 F235 .]

• [F212 [F213 Lands Tribunal for Scotland constituted under section 1 of the Lands Tribunal Act 1949 F236 .]]]

• [F205 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 F237 , regulation 6(2) of, and Schedule 21 to, the Fresh Meat (Hygiene and Inspection) Regulations 1995 F238 and regulation 5(2) of, and Schedule 12 to, the Wild Game Meat (Hygiene and Inspection) Regulations 1995 F239 [F240 other than a Tribunal any of whose members was appointed by the Secretary of State for Scotland or by the Scottish Ministers].]

• [F241 Medical appeal tribunals constituted under section 50 of that Act.]

• [F205 Misuse of Drugs Advisory Body constituted under section 16(1) of, and Part II of Schedule 3 to, the Misuse of Drugs Act 1971 F242 .]

• [F205 Misuse of Drugs Professional Panel constituted under section 16(1) of, and Part III of Schedule 3 to, the Misuse of Drugs Act 1971.]

• [F205 Misuse of Drugs Tribunal constituted under section 16(1) of, and Part I of Schedule 3 to, the Misuse of Drugs Act 1971.]

• [F212 [F243 Pensions Appeal Tribunal for Scotland constituted under section 6 of, and the Schedule to, the Pensions Appeal Tribunals Act 1943 F244 .]]

• [F205 Pensions Ombudsman established under section 145 of the Pension Schemes Act 1993 F245 .]

• [F205 Persons hearing consumer credit licensing appeals appointed under regulation 19 of the Consumer Credit Licensing (Appeals) Regulations 1976 F246 .]

• [F205 Persons hearing estate agents’ appeals appointed under regulation 19 of the Estate Agents (Appeals) Regulations 1981 F247 .]

• [F205 Plant Varieties and Seeds Tribunal [F248 (referred to in section 42 of the Plant Varieties Act 1997)].]

• [F205 Reference Committees constituted under section 27 of the Forestry Act 1967 F249 .]

• [F205 Registered Homes Tribunals constituted under section 40 of the Registered Homes Act 1984 F250 .]

• [F205 Registered Inspectors of Schools Appeal Tribunals constituted under section 12 of, and Schedule 3 to, the Education (Schools) Act 1992 F251 .]

• [F205 Rent Assessment Committees constituted under section 65 of, and Schedule 10 to, the Rent Act 1977 F252 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 F253 as amended by section 142 of, and Schedule 22 to, the Housing Act 1980 F254 and section 91 of the Leasehold Reform, Housing and Urban Development Act 1993 F255 and as rent tribunals for the purpose of references pursuant to the provisions in Part V of the Rent Act 1977 F256 as amended by section 72 of the Housing Act 1980 F257 .]

• [F212 [F213 Rent Assessment Committees for Scotland constituted under section 44 of, and Schedule 4 to, the Rent (Scotland) Act 1984 F258 .]]

• [F212 [F213 Scottish Land Court constituted under section 3 of the Small Landholders (Scotland) Act 1911 F259 .]]

• [F260 Special Educational Needs and Disability Tribunal]

• [F261 Traffic Commissioners appointed under section 4 of the Public Passenger Vehicles Act 1981 F262 ]

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

• [F205 Valuation Tribunals established under regulation 3 of the Valuation and Community Charge Tribunals Regulations 1989 F263 as amended by regulation 5 of the Valuation and Community Charge Tribunals (Amendment) Regulations 1993 F264 .]

Textual Amendments

F203 Sch. 4: entry inserted (16.12.2003) by The Parliamentary Commissioner Order 2003 (S.I. 2003/2921), art. 4(a)

F204 S.I. 2002/796 (N.I. 1).

F205 Sch. 4: entries inserted (23.8.1996) by S.I. 1996/1914, art. 2

F206 1947 c.48.

F207 1992 c.52.

F208 Entry in Sch. 4 substituted (19.8.1999) by S.I. 1999/2028, art. 4

F209 1965 c.64.

F210 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

F211 1988 c.48.

F212 Sch. 4: entries inserted (23.8.1996) by S.I. 1996/1914, art. 2

F213 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

F214 1592 c.29.

F215 30 Vict. c.17.

F216 Entries in Sch. 4 deleted (13.4.2000) by S.I. 2000/739, art. 3

F217 S.I. 1984/1047.

F218 S.I. 1994/672.

F219 S.I. 1984/1047.

F220 S.I. 1994/672.

F221 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)

F222 1975 c.71.

F223 1978 c.44.

F224 Entry in Sch. 4 inserted (1.12.2001) by S.I. 2001/3649, art. 275

F225 Sch. 4: entry deleted (16.12.2003) by The Parliamentary Commissioner Order 2003 (S.I. 2003/2921), art. 4(b)

F226 1986 c.60.

F227 1950 c.12.

F228 1963 c.2.

F229 1963 c.2.

F230 1944 c.31.

F231 1980 c.44.

F232 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

F233 S.I. 1993/2687.

F234 S.I. 1993/2688.

F235 1986 c.45.

F236 1949 c.42.

F237 S.I. 1995/540.

F238 S.I. 1995/539.

F239 S.I. 1995/2148.

F240 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

F241 Entry in Sch. 4 deleted (6.9.1999) by S.I. 1999/2028, art. 5

F242 1971 c.38.

F243 Sch. 4: entry deleted (16.12.2003) by The Parliamentary Commissioner Order 2003 (S.I. 2003/2921), art. 4(b)

F244 6 & 7 Geo 6. c.39.

F245 1993 c.48.

F246 S.I. 1976/837.

F247 S.I. 1981/1518.

F248 Words in the definition in Sch. 4 substituted (8.5.1998) by 1997 c. 66, s. 51(3); S. I. 1998/1028, art. 2

F249 1967 c.10.

F250 1984 c.23.

F251 1992 c.38.

F252 1977 c.42.

F253 1967 c.88.

F254 1980 c.51.

F255 1993 c.28.

F256 1977 c.42.

F257 1980 c.51.

F258 1984 c.58.

F259 1 & 2 Geo 5. c.49.

F260 Sch. 4: entry substituted (16.12.2003) by The Parliamentary Commissioner Order 2003 (S.I. 2003/2921), art. 4(c)

F261 Sch. 4: entry inserted (16.12.2003) by The Parliamentary Commissioner Order 2003 (S.I. 2003/2921), art.4(a)

F262 1981 c. 14.

F263 S.I. 1989/439.

F264 S.I. 1993/292.

Marginal Citations

M13 1979 c. 17.

M14 1992 c. 5.