SCHEDULES

C5SCHEDULE 1 Pensions and Other Benefits

Annotations:

1

A person appointed to be the Commissioner may, within such period and in such manner as may be prescribed by regulations under this Schedule, elect between the statutory F4scheme of pensions and other benefits applicable to the judicial offices listed in F5section 1 of the M2Judicial Pensions Act 1981 and the scheme of pensions and other benefits applicable by virtue of section 1 of the M3Superannuation Act 1972 to the civil service of the State (in this Schedule referred to respectively as the judicial scheme and the civil service scheme), and if he does not so elect shall be treated as having elected for the civil service scheme.

2

Where a person so appointed elects for the judicial scheme, a pension may be granted to him on ceasing to hold office as Commissioner if he has held that office for not less than five years and either—

a

has attained the age of sixty-five years; or

b

is disabled by permanent infirmity for the performance of the duties of that office;

and (subject to regulations under this Schedule) the provisions of the F6sections 2 to 4 and 17 to 24 of the M4Judicial Pensions Act 1981, shall apply in relation to him and his service as Commissioner as they apply in relation to the holders of judicial offices listed in F6[section 1 of the Judicial Pensions Act 1981 and service in any such office].

3

Where a person so appointed elects for the civil service scheme, F7the principal civil service pension scheme within the meaning of section 2 of the M5Superannuation 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 F7employment in the civil service of the State.

4

The Treasury may by statutory instrument make regulations for purposes supplementary to the foregoing provisions of this Schedule; and such regulations may, without prejudice to section 38 of the M6Superannuation 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 persons to whom the judicial scheme or the civil service scheme has applied or applies in respect of any service other than service as Commissioner, including provisions—

a

for aggregating other service falling within the judicial scheme with service as Commissioner, or service a Commissioner with such other service, for the purposes of determining qualification for or the amount of benefit under that scheme;

b

for increasing the amount of the benefit payable under the judicial scheme, 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 which would have been payable thereunder if he had retired from that office on the ground of permanent infirmity immediately before his appointment;

c

for limiting the amount of benefit payable under the judicial scheme, in the case of a person to whom the civil service scheme applied in respect of service before his appointment as Commissioner, by reference to the difference between the amount of the benefit granted in his case under the civil service scheme and the amount which would be payable under the judicial scheme if that service had been service as Commissioner.

Annotations:
Marginal Citations
M6

1965 c. 74(101A:1).

5

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

F8X1F9C6SCHEDULE 2 Departments Etc. Subject to Investigation

Annotations:
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).

Modifications etc. (not altering text)
  • F10X2Accounts Commission for Scotland

  • F11Advisory Board on Family Law

  • F11Advisory Committee on Novel Foods and Processes

  • Advisory, Conciliation and Arbitration Service.

  • F11Advisory Council on Public Records

  • F11Agricultural Dwelling House Advisory Committees

  • F12Agricultural Wages Board for England and Wales

  • Agricultural wages committees.

  • F13Ministry of Agriculture, Fisheries and Food

  • F12Alcohol Education and Research Council

  • F11Apple and Pear Research Council

  • F14Arts Council of England

  • F15Arts Council of Wales (Cyngor Celfyddydau Cymru)

  • Arts Council of Great Britain.

  • F16Scottish Arts Council

  • F17Director of the Assets Recovery Agency.

  • F11Authorised Conveyancing Practitioners Board

  • F11Boundary Commission for Northern Ireland

  • F12Britain-Russia Centre and the British East-West Centre

  • F12British Association for Central and Eastern Europe

  • British Council.

  • F11British Educational Communications and Technology Agency

  • F11British Hallmaking Council

  • British Library Board.

  • F11British Museum

  • F11British Potato Council

  • F11British Tourist Authority

  • F11Broadcasting Standards Commission

  • F18Building Societies Commission.

  • F12Cabinet Office

  • Central Police Training and Development Authority

  • F19F11Central Rail Users’ Consultative Committee

  • Certification Officer.

  • F21F20Central Statistical Office of the Chancellor of the Exchequer

  • Charity Commission.

  • F21Children and Family Court Advisory and Support Service.

  • F11Civil Aviation Authority

  • F11Civil Justice Council

  • F22Office of the Minister for the Civil Service

  • Civil Service Commission.

  • F11Clinical Standards Advisory Group

  • F23Commission for Health Improvement

  • F24The Commission for Patient and Public Involvement in Health.

  • F25Commissioner for Protection Against Unlawful Industrial Action

  • F11Commissioner for the Rights of Trade Union Members

  • F11Committee for Monitoring Agreements on Tobacco Advertising and Sponsorship

  • F11Committee of Investigation for Great Britain

  • F11Committee on Standards in Public Life

  • F26Commonwealth Institute

  • F11Commonwealth Scholarship Commission in the United Kingdom

  • F11Community Development Foundation

  • F12Competition Commission

  • F11Consumer Panel

  • F11Consumers’ Committee for Great Britain under the Agricultural Marketing Act 1958

  • F27Coal Authority.

  • Co-operative Development Agency.

  • F28Countryside Agency

  • F29Countryside Commission for Scotland

  • F30Countryside Council for Wales.

  • Crafts Council.

  • F31Crofters Commission

  • Crown Estate Office.

  • F32Department for Culture, Media, and Sport.

  • Customs and Excise.

  • F33F34Data Protection Commissioner

  • F35Deer Commission for Scotland

  • Ministry of Defence.

  • F11Design Council

  • Development Commission.

  • F36 Disability Rights Commission

  • F37United Kingdom Ecolabelling Board

  • F38The Department for Education and Employment.

  • F11Docklands Light Railway

  • F39Education Assets Board.

  • F40Department for Education

  • F41 Department for Education and Skills

  • Central Bureau for Educational Visits and Exchanges.

  • F42Electoral Commission.

  • F43F11East Midlands Region Electricity Consumers’ Committee

  • F43F11Eastern Region Electricity Consumers’ Committee

  • F43F44Office of the Director General of Electricity Supply.

  • F45Department of Employment

  • F46Department of Energy

  • F47Department of the Environment

  • F48 Department for Environment, Food and Rural Affairs

  • F49Department for Transport

  • F50Department for Work and Pensions

  • F51English National Board for Nursing, Midwifery and Health Visiting

  • F52English Nature

  • F53F54The Department of the Environment, Transport and the Regions.

  • F55Environment Agency

  • F55Scottish Environment Protection Agency

  • Equal Opportunities Commission.

  • Export Credits Guarantee Department.

  • F56Office of the Director General of Fair Trading.

  • British Film Institute.

  • F11Fleet Air Arm Museum

  • F11Food Advisory Committee

  • F11Food from Britain

  • F57Food Standards Agency

  • F11Football Licensing Authority

  • Foreign and Commonwealth Office.

  • Forestry Commission.

  • F18F58Friendly Societies Commission

  • F18Registry of Friendly Societies.

  • F11Further Education Funding Council for England

  • F12Gaming Board for Great Britain

  • F43F11Gas Consumers’ Council.

  • F59Gas and Electricity Consumer Council.

  • F59Gas and Electricity Markets Authority.

  • F43Office of the Director General of Gas Supply.

  • F11Geffrye Museum

  • F11Gene Therapy Advisory Committee

  • F60General Social Care Council.

  • F10General Teaching Council for Scotland

  • F61Department of Health.

  • Health and Safety Commission.

  • Health and Safety Executive.

  • . . . F62

  • F63Highlands and Islands Development Board

  • F11Higher Education Funding Council for England

  • Historic Buildings and Monuments Commission for England.

  • F11Historic Royal Palaces

  • F11Home-Grown Cereals Authority

  • Home Office.

  • F11Horniman Museum and Gardens

  • Horserace Betting Levy Board.

  • F11Horticultural Development Council

  • Housing Corporation.

  • F64Housing for Wales

  • F65Human Fertilisation and Embryology Authority.

  • F66The Immigration Services Commissioner

  • F11Imperial War Museum

  • Central Office of Information.

  • F67Information Commissioner.

  • Inland Revenue.

  • F68Department for International Developement.

  • F69 Intervention Board for Agricultural Produce.

  • F11Investors in People UK

  • F11Joint Nature Conservation Committee

  • Land Registry.

  • F70Legal Aid Board

  • F71Scottish Legal Aid Board.

  • F72Legal Services Commission

  • F73The 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.

  • F10Local Government Boundary Commission for Scotland

  • F74Local Government Commission for England.

  • F43F11London Region Electricity Consumers’ Committee

  • F11London Regional Passengers’ Committee

  • F11Lord Chancellor’s Advisory Committee on Legal Education and Conduct

  • The Lord Chancellor’s Department.

  • Lord President of the Council’s Office.

  • . . . F75

  • . . . F76

  • F11Marshall Aid Commemoration Commission

  • F11Meat and Livestock Commission

  • F77Medical Practices Committee.

  • F78Scottish Medical Practices Committee.

  • F11Medical Workforce Standing Advisory Committee

  • F43F11Merseyside and North Wales Region Electricity Consumers’ Committee

  • F43F11Midlands Region Electricity Consumers’ Committee

  • F11Milk Development Council

  • F11Millennium Commission

  • F79Monopolies and Mergers Commission

  • Museums and Galleries Commission.

  • F11Museum of London

  • F11Museum of Science and Industry in Manchester

  • F11National Army Museum

  • F11National Biological Standards Board (UK)

  • F80National Care Standards Commission.

  • F11National Consumer Council

  • National Debt Office.

  • F11National Employers’ Liaison Committee

  • F11National Endowment for Science, Technology and the Arts

  • F11National Film and Television School

  • F11National Forest Company

  • F10National Galleries of Scotland

  • F11National Gallery

  • F10National Library of Scotland

  • F10National Museums of Scotland

  • F81National Rivers Authority

  • F82Department of National Heritage.

  • Trustees of the National Heritage Memorial Fund.

  • F83Office of the Director General of the National Lottery

  • F84National Lottery Commission

  • F11National Lottery Charities Board

  • Department for National Savings.

  • F85Scottish Natural Heritage.

  • F11National Maritime Museum

  • F11National Museum of Science and Industry

  • F11National Museums and Galleries on Merseyside

  • F11National Portrait Gallery

  • F11National Radiological Protection Board

  • F11Natural History Museum

  • Nature Conservancy Council.

  • F86F87Nature Conservancy Council for England.

  • F88Nature Conservancy Council for Scotland

  • F11New Millennium Experience Company Ltd

  • F11New Opportunities Fund

  • Commission for the New Towns.

  • Development corporations for new towns.

  • F43F11North Eastern Region Electricity Consumers’ Committee

  • F43F12North of Scotland Region Electricity Consumers’ Committee

  • F43F11North Western Region Electricity Consumers’ Committee

  • Northern Ireland Court Service.

  • F11Northern Ireland Human Rights Commission

  • Northern Ireland Office.

  • F89Northern Ireland Policing Board

  • F14Occupational pensions Board

  • F90The Occupational Pensions Regulatory Authority

  • [F91Office of the Commissioner for Protection Against Unlawful Industrial Action]

  • F11Oil and Pipelines Agency

  • F11Parliamentary Boundary Commission for England

  • F12Parliamentary Boundary Commission for Scotland

  • F11Parliamentary Boundary Commission for Wales

  • F11Parole Board

  • F10Parole Board for Scotland

  • F92The Pensions Compensation Board

  • Ordnance Survey.

  • F20Office of Population Censuses and Surveys

  • F93Consumer Council for Postal Services

  • F94Police Information Technology Organisation

  • F95F11Post Office Users’ Council for Northern Ireland

  • F95F11Post Office Users’ Council for Scotland

  • F95F11Post Office Users’ Council for Wales

  • F95F11Post Office Users’ National Council

  • F96Postal Services Commission

  • F11Probation Board for Northern Ireland

  • F97Commissioner for Protection Against Unlawful Industrial Action

  • Registrar of Public Lending Right.

  • Public Record Office.

  • F98 Office of Fair Trading

  • F99Office of Public ServiceF100and Science .

  • F11Qualifications Curriculum Authority

  • F101The International Rail Regulator.

  • F19F102The Director of Passenger Rail Franchising.

  • F103The Rail Regulator.

  • Scottish Record Office.

  • Commission for Racial Equality.

  • F104Rail Passengers’ Committees.

  • F104Rail Passengers’ Council.

  • F19F11Rail Users’ Consultative Committee for Eastern England

  • F19F11Rail Users’ Consultative Committee for North Eastern England

  • F19F11Rail Users’ Consultative Committee for North Western England

  • F19F11Rail Users’ Consultative Committee for Scotland

  • F19F11Rail Users’ Consultative Committee for Southern England

  • F19F11Rail Users’ Consultative Committee for the Midlands

  • F19F11Rail Users’ Consultative Committee for Wales

  • F19F11Rail Users’ Consultative Committee for Western England

  • F11Remploy Ltd

  • F105Red Deer Commission

  • F78Department of the Registers of Scotland

  • F78General Register Office, Scotland

  • F106Agriculture and Food Research Council

  • F14Biotechnology and Biological Sciences Research Council

  • F14Council for the Central Laboratory of Research Councils

  • Economic and Social Research Council.

  • F14Engineering and Physical Sciences Research Council

  • Medical Research Council.

  • Natural Environment Research Council.

  • F14Particle Physics and Astronomy Research Council

  • F107Science and Engineering Research Council

  • F108The International Rail Regulator

  • F109Regional development agencies

  • F110(other than the London Development Agency)

  • Residuary Bodies.

  • F11Reviewing Committee on the Export of Works of Art

  • F111Office of the Commissioner for the Rights of Trade Union Members

  • F11Royal Air Force Museum

  • F11Royal Armouries Museum

  • F10Royal Botanic Garden, Edinburgh

  • F11Royal Botanic Gardens, Kew

  • F11 Royal Commission on Historical Manuscripts

  • F10Royal Commission on the Ancient and Historical Monuments of Scotland

  • F11Royal Commission on the Historical Monuments of England

  • F11Royal Marines Museum

  • Royal Mint.

  • F11Royal Naval Museum

  • F11Royal Navy Submarine Museum

  • F112Office of Her Majesty’s Chief Inspector of Schools in Wales.

  • F11Scientific Committee on Tobacco and Health

  • F10Scottish Agricultural Wages Board

  • F10Scottish Children’s Reporter Administration

  • F10Scottish Community Education Council

  • F10Scottish Consultative Council on the Curriculum

  • F10Scottish Council for Educational Technology

  • F78Scottish Courts Administration.

  • F113Scottish Environmental Protection Agency

  • F10Scottish Further Education Funding Council

  • F10Scottish Further Education Unit

  • F10Scottish Higher Education Funding Council

  • F114Scottish Homes.

  • Scottish Office.

  • F10Scottish Qualifications Authority

  • F10Scottish Screen Ltd

  • F10Scottish Studentship Selection Committee

  • F10Scottish Water and Sewerage Customers’ Council

  • F11Sea Fish Industry Authority

  • F115Office of the Secretary of State for Scotland

  • F116The Service Authority for the National Crime Squad.

  • F116The Service Authority for the National Criminal Intelligence Service.

  • F11Sir John Soane’s Museum

  • Council for Small Industries in Rural Areas.

  • F61Department of Social Security.

  • Central Council for Education and Training in Social Work.

  • F43F11South Eastern Region Electricity Consumers’ Committee

  • F43F11South of Scotland Region Electricity Consumers’ Committee

  • F43F11South Wales Region Electricity Consumers’ Committee

  • F43F11South Western Region Electricity Consumers’ Committee

  • F43F11Southern Region Electricity Consumers’ Committee

  • Sports Council.

  • F117English Sports Council

  • Scottish Sports Council.

  • F117United Kingdom Sports Council.

  • F118Sports Council for Wales.

  • F119The Staff Commission for Wales (Comisiwn Staff Cymru).

  • F120Standards Board for England.

  • F11Standing Dental Advisory Committee

  • F11Standing Medical Advisory Committee

  • F11Standing Nursing and Midwifery Advisory Committee

  • F11Standing Pharmaceutical Advisory Committee

  • Stationery Office.

  • F121Strategic Rail Authority.

  • F122 The Office for National Statistics.

  • F11Tate Gallery

  • F11Teacher Training Agency

  • Office of the Director General of Telecommunications.

  • F11The Great Britain-China Centre

  • F11The Simpler Trade Procedures Board

  • English Tourist Board.

  • F78Scottish Tourist Board.

  • F118Wales 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.

  • . . . F123

  • F124Traffic Director for London.

  • F47Department of Transport, Local Government and the Regions

  • F11Treasure Valuation Committee

  • Treasury.

  • Treasury Solicitor.

  • F11United Kingdom Atomic Energy Authority

  • F11United Kingdom Register of Organic Food Standards

  • F11United Kingdom Xenotransplantation Interim Regulatory Authority

  • F11Unrelated Live Transplant Regulatory Authority

  • Urban development corporations F125established for urban development areas wholly in England.

  • F126Urban Regeneration Agency.

  • F11Victoria and Albert Museum

  • F127Development Board for Rural Wales

  • F11Wallace Collection

  • F11War Pensions Committees

  • F128Office of the Director General of Water Services.

  • F129Bwrdd yr Iaith Gymraeg (Welsh Language Board)

  • Welsh Office.

  • F11Westminster Foundation for Democracy

  • F11Wine Standards Board of the Vintners’ Company

  • F11Women’s National Commission

  • F11Yorkshire Region Electricity Consumers’ Committee

  • F130Youth Justice Board

  • F12Youth Justice Board for England and Wales

NOTES

F131A1

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).

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.

F1381A

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 M7Water Resources Act 1991.

F1391B

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).

2

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

3

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

4

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

5

The reference to the Lord President of the Council’s Office F132. . . does not include the Privy Council Office.

6

The references to the F133Office of Public Service and Science and the Treasury do not include the Cabinet Office, but subject to that include the subordinate departments of the F133Office of Public Service and Science and of the Treasury and the office of any Minister whose expenses are defrayed out of moneys provided by Parliament for service of the F133Office of Public Service and Science or the Treasury.

7

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

8

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

F1348A

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

F1359

The reference to the National Rivers Authority is a reference to that Authority in relation to all its functions other than its flood defence functions F136(within the meaning of the Water Resources Act 1991).

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.

F13711

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.

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 F140, or

b

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

SCHEDULE 3 Matters not subject to investigation

1

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 F141other 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 . . . F142.

3

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.

C14

Action taken by the Secretary of State under the M8Extradition Act 1870 F143, the Fugitive Offenders Act 1967 or the Extradition Act 1989.

C25

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.

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 M9Naval Discipline Act 1957, the M10Army Act 1955 or the M1Air Force Act 1955, or of proceedings before any international court or tribunal.

F16A

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.

F26B

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.

C32

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

F1536C

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.

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 the Court of Appeal, the High Court of Justiciary or the Courts-Martial Appeal Court.

8

Action taken on behalf of the Minister of Health or the Secretary of State by a F144Regional Health Authority, an Area Health Authority F145a District Health Authority, a special health authority F146except the Rampton Hospital Review BoardF147 . . . F148 the Rampton Hospital Board, F149the Broadmoor Hospital Board or the Moss Side and Park Lane Hospitals Board, a Family Practitioner Committee, a Health Board or the Common Services Agency for the Scottish Health Service, or by the Public Health Laboratory Service Board.

C49

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.

C710

F150(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 F151to 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.

F1522

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 M11Overseas 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.

Annotations:
Amendments (Textual)
F150

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

F151

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

F152

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

Modifications etc. (not altering text)
C7

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

Marginal Citations
M11

1980 c. 63(88).

11

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

F312

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.

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.

F194SCHEDULE 4RELEVANT TRIBUNALS FOR THE PURPOSES OF SECTION 5(7)

Section 5

Annotations:
Amendments (Textual)

  • Adjudicators appointed under article 7(1)(b) of the Criminal Injuries Compensation (Northern Ireland) Order 2002.

  • Agricultural Land Tribunals constituted under section 73 of the Agriculture Act 1947.

  • Appeal tribunals constituted under Chapter 1 of Part 1 of the Social Security Act 1998.

  • 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.

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

  • Care Standards Tribunal constituted under section 9 of the Protection of Children Act 1999.

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

  • Commons Commissioners constituted under section 17 of the Commons Registration Act 1965.

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

  • Copyright Tribunal constituted under section 145 of the Copyright, Designs and Patents Act 1988.

  • Employment tribunals (England and Wales) and employment tribunals (Scotland) established under regulation 5 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004.

  • Employment Appeal Tribunal continued in existence under section 20 of the Employment Tribunals Act 1996.

  • Foreign Compensation Commission constituted under section 1 of the Foreign Compensation Act 1950.

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

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

  • Insolvency Practitioners Tribunal referred to in section 396 of the Insolvency Act 1986.

  • Mental Health Review Tribunals constituted under section 65 of, and Schedule 2 to, the Mental Health Act 1983.

  • National Health Service Medicines (Control of Prices and Profits) Appeal Tribunal constituted under regulation 7 of the Health Service Medicines (Price Control Appeals) Regulations 2000.

  • Ombudsman for the Board of the Pension Protection Fund appointed under section 209 of the Pensions Act 2004.

  • Pensions Ombudsman established under section 145 of the Pension Schemes Act 1993.

  • Persons hearing consumer credit licensing appeals appointed under regulation 24 of the Consumer Credit Licensing (Appeals) Regulations 1998.

  • Persons hearing estate agents' appeals appointed under regulation 19 of the Estate Agents (Appeals) Regulations 1981.

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

  • Reference committees constituted under section 27 of the Forestry Act 1967.

  • Rent assessment committees constituted under section 65 of, and Schedule 10 to, the Rent Act 1977 (including when exercising the jurisdiction of residential property tribunals as provided for in section 229 of the Housing Act 2004) 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 and continued as rent tribunals for the purpose of references pursuant to the provisions in Part V of the Rent Act 1977.

  • Special Educational Needs and Disability Tribunal constituted under section 333 of the Education Act 1996.

  • Traffic commissioners appointed under section 4 of the Public Passenger Vehicles Act 1981.

  • Valuation tribunals continued in existence under regulation 3 of the Valuation and Community Charge Tribunals Regulations 1989.

SCHEDULE 4RELEVANT TRIBUNALS FOR THE PURPOSES OF SECTION 5(7)

Section 5(8)

Annotations:
Amendments (Textual)
F155

SI 2002/796 (NI 1).

F156

1947 c. 48; section 73 (1) amended or substituted by the Agriculture Act 1958, sections 8(1), Sch 1, Part I, para 3. Section 73(3) amended by the Agriculture Act 1958, s8(1), 10(1), Sch 1, Part I, para 3, Sch 3, Part I and substituted by the Agricultural Holdings Act 1986, s 100, Sch 14, para 18. Section 73(4) amended by the Agriculture Act 1958, ss 8(1), 10(1), Sch 1, Part I, para 3, Sch 3, Part I. Section 73(5) amended by the Agriculture Act 1958, ss 8(1), 10(1), Sch 1, Part I, para 3, Sch 3, Part I.

F158

1963 c. 2. Section 29(1) amended by the Horserace Betting Levy Act 1981, s 4(6), Sch, para 2. Section 29(2) amended by the Courts and Legal Services Act 1990, s 71(2), Sch 10, para 16 and by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 48. Section 29(2A) inserted by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 48.

F159

1939 c. 97. Section 109(1)amended by SI 1986/452, art 3, Sch 2, para 3(h), by SI 2001/3500, art 8, Sch 2, Pt I, para 4(b) andby the Courts and Legal Services Act 1990, s 71(2), Sch 10, para 4. Section 109(2) amended by SI 2001/3500, art 8, Sch 2, Pt I, para 4(b).

F160

1999 c. 14. Section 9(2) amended by the Care Standards Act 2000, s 116, Sch 4, para 26(1), (3)(a). Section 9(2) amended by the Criminal Justice and Court Services Act 2000, s 74, Sch 7, Pt II, paras 154, 157(a), the Education Act 2002, s 215(1), Sch 21, para 122(a), s 215(1), Sch 21, para 122(b), s 215(2), Sch 22, Pt 3 and s155, Sch 14, para 6 and the Criminal Justice and Court Services Act 2000, s 74, Sch 7, Pt II, paras 154, 157(d). Section 9(3A)-(3C) inserted by the Care Standards Act 2000, s 116, Sch 4, para 26(1), (3)(b).

F162

1965 c. 64. Section 17(1) amended by the Courts and Legal Services Act 1990, s 71(2), Sch 10, para 26. Section 17(1A) inserted with savings by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 26.

F164

1988 c. 48. Section 145(2) amended by SI 1999/678, art 2(1), Sch. Section 145(3) amended by the Courts and Legal Services Act 1990, s 71(2), Sch 10, para 73.

F165

SI 2002/458.

F166

SI 1992/661; amended by SI 1993/3172, reg 4.

F167

SI 2004/1861.

F170

1950 c. 12. Section 1(2) repealed by the Statute Law (Repeals) Act 1974. Section 1(3) amended by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 25. Section 1(3A) inserted by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 25. Section 1(4) repealed by the House of Commons Disqualification Act 1957, s 14(1), Sch 4, Part I.

F171

1963 c. 2. Section 29(1) amended by the Horserace Betting Levy Act 1981, s 4(6), Schedule, para 2. Section 29(2) amended by the Courts and Legal Services Act 1990, s 71(2), Sch 10, para 16 and by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 48. Section 29(2A) inserted by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 48.

F172

1998 c. 29. Section 6(1) amended by the Freedom of Information Act 2000, s 18(4), Sch 2, Pt I, para 13(1), (2). Section 6(3) amended by the Freedom of Information Act 2000, s 18(4), Sch 2, Pt I, para 13(1), (3). Section 6(4) amended by virtue of SI 1999/678, art 2(1), Schedule and by SI 2003/1887, art 9, Sch 2, para 9(1)(a). Section 6(6) amended by the Freedom of Information Act 2000, s 18(4), Sch 2, Pt II, para 16(a) and by the Freedom of Information Act 2000, s 18(4), Sch 2, Pt II, para 16(b).

F174

SI 1995/540. Schedule 15 para 2, 3 and 4 amended by SI 2000/656, reg 6(4), Sch 4, Pt IV, para 2, and by SSI 2000/62, reg 6(4), Sch 4, Pt IV, para 2.

F175

SI 1995/539. Schedule 21 para 2 amended by SI 2000/656, reg 6(3), Sch 4, Pt III, para 7, and SSI 2000/62, reg 6(3), Sch 4, Pt III, para 7 and by SI 1995/3189, reg 2(29). Schedule 21 para 2, 3 and 4 amended by SI 2000/656, reg 6(3), Sch 4, Pt III, para 2, and SSI 2000/62, reg 6(3), Sch 4, Pt III, para 2(1), (2).

F176

SI 1995/2148. Para 2: Schedule 12 paras 1, 2 and 3 amended by SI 2000/656, reg 6(6), Sch 4, Pt VI, para 2, and SSI 2000/62, reg 6(6), Sch 4, Pt VI, para 2.

F177

1983 c. 20. Section 65(1)–(1C) amended by the Health Authorities Act 1995, s 2(1), Sch 1, para 107(6). Schedule 2 para 2 amended by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 40. Schedule 2 para 2A inserted by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 40.

F178

1971 c. 38. Schedule 3, Part 2 para 13(1A) inserted by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 42(3).

F179

SI 2000/124.

F180

2004 c. 35. At the date on which this Order was made, section 209 of the Pensions Act 2004 was not in force.

F181

1993 c. 48. Section 145(1A)–(1C) inserted by the Pensions Act 2004, s 319(1), Sch 12, paras 9, 23. Section 145(2) amended by the Pensions Act 2004, s 274(1). Section 145(3) amended by the Pensions Act 2004, s 274(2). Section 145(4A)–(4C) inserted by the Pensions Act 1995, s 156. Section 145(5) amended by the Pensions Act 1995, ss 173, 177, Sch 6, para 7, Sch 7, Part IV.

F182

2004 c. 35. At the date on which this Order was made, section 102 of the Pensions Act 2004 was not in force.

F183

SI 1998/1203.

F184

SI 1981/1518.

F186

1967 c. 10. Section 27(1) amended by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (22)(a) and by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (22)(b). Section 27(2) amended by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (22)(b). Section 27(3) amended by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (9) and by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (22)(b). Section 27(4) amended by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (22)(c) and by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (22)(d).

F188

1977 c. 42. Schedule 10 para 2 amended by the Housing Act 1980, s 152, Sch 25, para 56, Sch 26. Schedule 10 para 2A inserted by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 56. Schedule 10 para 5 amended by the Housing Act 1980, s 71(2). Schedule 10 para 6A inserted by the Housing Act 1980, s 71(2). Schedule 10 paras 8, 10 amended by the Housing Act 1996, ss 222, 227, Sch 18, para 22(1)(a), Sch 19, Part XIII. Para 8 amended by Housing Act 1980 s 152, Sch 25, para 56(b) and Sch 26. Schedule 10 para 7A inserted by the Housing Act 1980, s 148 and amended by the Housing Act 1996, ss 222, 227, Sch 18, para 22(1)(a), Sch 19, Part XIII. Schedule 10 para 9 amended by the Housing Act 1996, s 222, Sch 18, para 22(2). Schedule 10 para 10 amended by the Housing Act 1980, s 152, Sch 25, para 56, Sch 26.

F189

Repealed with savings by SI 2003/1986, articles 1(2), 2(c)(iv), Sch 1, Pt 1 and Sch 2, para 13.

F190

1967 c. 88. Section 21(1) amended by the Housing Act 1980, s 142, Sch 22. Section 21(1)(ba) inserted by the Housing Act 1996, ss 115, 116, Sch 11, para 1(2). Section 21(1)(cza) inserted by the Commonhold and Leasehold Reform Act 2002, s 149(2) and section 21(1)(ca) inserted by the Housing Act 1996, ss 115, 116, Sch 11, para 1(2). Section 21(2) amended by the Housing Act 1980, s 142, Sch 22.

F191

1996 c. 56. Section 333(1Z) inserted by the Education Act 2002, s 195, Sch 18, paras 1, 4. Section 333(1) amended by the Special Educational Needs and Disability Act 2001, s 42(1), Sch 8, Pt 1, paras 1, 2.

F193

SI 1989/439.

  • Adjudicators appointed under article 7(1)(b) of the Criminal Injuries Compensation (Northern Ireland) Order 2002 F155.

  • Agricultural Land Tribunals constituted under section 73 of the Agriculture Act 1947 F156.

  • Appeal tribunals constituted under Chapter 1 of Part 1 of the Social Security Act 1998 F157.

  • The appeal tribunal established for Scotland under section 29 of the Betting, Gaming and Lotteries Act 1963 F158 which is known as the Horserace Betting Levy Appeal Tribunal for Scotland.

  • Tribunals of Appeal constituted under section 109 of the London Building Acts (Amendment) Act 1939 F159.

  • Care Standards Tribunal constituted under section 9 of the Protection of Children Act 1999 F160.

  • Central Arbitration Committee constituted under section 259 of the Trade Union and Labour Relations (Consolidation) Act 1992 F161.

  • Commons Commissioners constituted under section 17 of the Commons Registration Act 1965 F162.

  • Competition Appeal Tribunal constituted under section 12 of the Enterprise Act 2002 F163.

  • Copyright Tribunal constituted under section 145 of the Copyright, Designs and Patents Act 1988 F164.

  • Dairy Produce Quota Tribunal for England and Wales constituted under regulation 7 of, and the Schedule to, the Dairy Produce Quotas (General Provisions) Regulations 2002 F165.

  • Dental Vocational Training Authority Appeal body established under regulation 5B National Health Service (General Dental Services) Regulations 1992 F166.

  • Employment Tribunals (England and Wales) and Employment Tribunals (Scotland) established under regulation 5 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 F167.

  • Employment Appeal Tribunal continued in existence under section 20 of the Employment Tribunals Act 1996 F168.

  • Financial Services and Markets Tribunal constituted under section 132 of the Financial Services and Markets Act 2000 F169.

  • Foreign Compensation Commission constituted under section 1 of the Foreign Compensation Act 1950 F170.

  • Horserace Betting Levy Appeal Tribunal for England and Wales constituted under section 29 of the Betting, Gaming and Lotteries Act 1963 F171.

  • Information Tribunal constituted under section 6 of the Data Protection Act 1998 F172.

  • Insolvency Practitioners Tribunal referred to in section 396 of the Insolvency Act 1986 F173.

  • 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 F174,

    • regulation 6(2) of, and Schedule 21 to, the Fresh Meat (Hygiene and Inspection) Regulations 1995 F175, or

    • regulation 5(2) of, and Schedule 12 to, the Wild Game Meat (Hygiene and Inspection) Regulations 1995 F176.

  • Mental Health Review Tribunals constituted under section 65 of, and Schedule 2 to, the Mental Health Act 1983 F177.

  • Misuse of Drugs Advisory Body constituted under section 16(1) of, and Part 2 of Schedule 3 to, the Misuse of Drugs Act 1971 F178.

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

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

  • National Health Service Medicines (Control of Prices and Profits) Appeal Tribunal constituted under regulation 7 of the Health Service Medicines (Price Control Appeals) Regulations 2000 F179.

  • Ombudsman for the Board of the Pension Protection Fund appointed under section 209 of the Pensions Act 2004 F180.

  • Pensions Ombudsman established under section 145 of the Pension Schemes Act 1993 F181.

  • Pensions Regulator Tribunal constituted under section 102 of the Pensions Act 2004 F182.

  • Persons hearing consumer credit licensing appeals appointed under regulation 24 of the Consumer Credit Licensing (Appeals) Regulations 1998 F183.

  • Persons hearing estate agents' appeals appointed under regulation 19 of the Estate Agents (Appeals) Regulations 1981 F184.

  • Plant Varieties and Seeds Tribunal (referred to in section 42 of the Plant Varieties Act 1997 F185).

  • Reference Committees constituted under section 27 of the Forestry Act 1967 F186.

  • Registered Inspectors of Schools Appeal Tribunals constituted under section 9 of, and Schedule 2 to, the Schools Inspections Act 1996 F187.

  • Rent Assessment Committees constituted under section 65 of, and Schedule 10 to, the Rent Act 1977 F188 and also known as Leasehold Valuation Tribunals for the purpose of determinations pursuant to section 21(1), (2) and (3) F189 of the Leasehold Reform Act 1967 F190 and continued as rent tribunals for the purpose of references pursuant to the provisions in Part V of the Rent Act 1977.

  • Special Educational Needs and Disability Tribunal constituted under section 333 of the Education Act 1996 F191.

  • Traffic Commissioners appointed under section 4 of the Public Passenger Vehicles Act 1981 F192.

  • Valuation Tribunals continued in existence under regulation 3 of the Valuation and Community Charge Tribunals Regulations 1989 F193.

F154Schedule 4 Relevant Tribunals for Purposes of Section 5(7)

Annotations:
Amendments (Textual)
F154

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

Marginal Citations

  • Tribunals constituted in Great Britain under regulations made under section 4 of the M12Vaccine Damage Payments Act 1979.

  • Child support appeal tribunals constituted under section 21 of the M13Child Support Act 1991.

  • Social security appeal tribunals constituted under section 41 of the M14Social Security Administration Act 1992.

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

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