Textual Amendments
F1Sch. 2 substituted (30.1.2008) by The Parliamentary Commissioner Order 2007 (S.I. 2007/3470), art. 2, Sch. 1
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, did so only when it was a department or authority to which this Act applied.
In the case of the Director of the Assets Recovery Agency an investigation may be conducted only in respect of the exercise of functions vested in him by virtue of a notice served on the Commissioners for Her Majesty's Revenue and Customs under section 317(2), 321(2) or 322(2) of the Proceeds of Crime Act 2002(Inland Revenue functions).
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.
As from the time that section 87 of the Clean Neighbourhoods and Environment Act 2005 is brought into force, this reference includes a reference to the body established by that section.
In the case of the Commission for the New Towns no investigation is to be conducted in respect of any action in connection with functions in relation to housing.
The reference to the Department for Constitutional Affairs includes the Lord Chancellor's Department and the Public Trustee.
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 Water Resources Act 1991; and no investigation is to 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).
In the case of the Forestry Commission no investigation is to 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).
In the case of the Government Actuary's Department an investigation may be conducted 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, or
(b)any other enactment relating to the regulation of insurance companies within the meaning of that Act.
In the case of the Health Protection Agency no investigation is to be conducted in relation to any action taken by or on behalf of that Agency in the exercise in or as regards Scotland of any function to the extent that the function is exercisable within devolved competence (within the meaning of section 54 of the Scotland Act 1998).
The reference to Her Majesty's 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 Her Majesty's Treasury; but it does not include National Savings and Investments.
In the case of the Corporation of the Trinity House of Deptford Strond an investigation may be conducted only in respect of action in connection with its functions as a general lighthouse authority.
The reference to the Lord President of the Council's Office does not include the Privy Council Office.
The reference to the Ministry of Defence includes the Defence Council, the Admiralty Board, the Army Board and the Air Force Board.
Valid from 22/08/2007
The reference to the Ministry of Justice includes the Public Trustee.
The reference to the Treasury Solicitor does not include a reference to Her Majesty's Procurator General.
In the case of an urban development corporation no investigation is to be conducted in respect of any action in connection with functions in relation to town and country planning.
In the case of the Urban Regeneration Agency no investigation is to be conducted in respect of any action in connection with functions in relation to town and country planning.