SCHEDULES
F3C5SCHEDULE 1 Pensions and other benefits
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
C11
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.
Transitional provision for persons appointed before the appointed day
C22
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—
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.
Effect of election to continue in former scheme
3
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
C34
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—
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.
Effect of election for, or to continue in, the civil service scheme
5
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
6
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
7
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
C48
1
The Treasury may make regulations for purposes supplementary to the other provisions of this Schedule.
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.
Pensions and benefits to be charged on the Consolidated Fund
9
Any pension or other benefit granted by virtue of this Schedule shall be charged on, and issued out of, the Consolidated Fund.
Interpretation
10
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
F1section 1 of the Pension Schemes Act 1993, or
- b
F2section 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;
- a
“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.
F71SCHEDULE 2DEPARTMENTS Etc. SUBJECT TO INVESTIGATION
Sch. 2 substituted (30.1.2008) by The Parliamentary Commissioner Order 2007 (S.I. 2007/3470), art. 2, Sch. 1
Administration of Radioactive Substances Advisory Committee.
Advisory Board on Naturalisation and Integration.
Advisory Board on the Registration of Homeopathic Products.
Advisory Committee on Advertising.
F73Advisory Committee on Animal Feedingstuffs
Advisory Committee on Borderline Substances.
Advisory Committee on Carbon Abatement.
Advisory Committee on Clinical Excellence Awards.
Advisory Committee on Dangerous Pathogens.
Advisory Committee on the Government Art Collection.
F74Advisory Committee on Hazardous Substances
F75Advisory Committee on Microbiological Safety of Food
Advisory Committee on Novel Foods and Processes.
Advisory Committee on Organic Standards.
Advisory Committee on Pesticides.
Advisory Committee on Releases to the Environment.
Advisory, Conciliation and Arbitration Service.
Advisory Council on Historical Manuscripts.
Advisory Council on Libraries.
Advisory Council on the Misuse of Drugs.
Advisory Council on National Records and Archives.
Advisory Council on Public Records.
Advisory Group on Hepatitis.
F76Advisory Group on Medical Countermeasures
Advisory Panel on Beacon Councils.
Advisory Panel on Country Information.
Advisory Panel on Public Sector Information.
Advisory Panel on Standards for the Planning Inspectorate.
Agricultural Dwelling House Advisory Committees.
Agricultural Wages Board for England and Wales.
Agricultural wages committees.
Air Quality Expert Group.
Alcohol Education and Research Council.
Animals Procedures Committee.
F77Animal Welfare Advisory Committee
Appeal Officer for Community Interest Companies.
Arts and Humanities Research Council.
Arts Council of England.
The Director of the Assets Recovery Agency.
Authorised Conveyancing Practitioners Board.
Better Regulation Commission.
F78The Big Lottery Fund.
Biotechnology and Biological Sciences Research Council.
Board of Trade.
Boundary Commission for England.
Boundary Commission for Northern Ireland.
Boundary Commission for Scotland.
Boundary Commission for Wales.
British Association for Central and Eastern Europe.
British Council.
British Educational Communications and Technology Agency.
British Film Institute.
British Hallmarking Council.
British Library Board.
British Museum.
British Pharmacopoeia Commission.
British Potato Council.
British Tourist Authority.
Building Regulations Advisory Committee.
Cabinet Office.
Capacity Builders.
Council for the Central Laboratory of the Research Councils.
F79Central Advisory Committee on War Pensions
Central Bureau for Educational Visits and Exchanges.
Central Office of Information.
F80Central Police Training and Development Authority.The Certification Officer.
Charity Commission.
The Chief Inspector of Criminal Justice for Northern Ireland.
Children and Family Court Advisory and Support Service.
Civil Aviation Authority.
Civil Justice Council.
Coal Authority.
Commission for Architecture and the Built Environment.
F81The Commission for Equality and Human Rights.
Commission for Healthcare Audit and Inspection.
Commission for Integrated Transport.
Commission for the New Towns.
Commission for Patient and Public Involvement in Health.
F82Commission for Racial EqualityF83Commission for Rural Communities.
Commission for Social Care Inspection.
Commissioner for Victims and Witnesses.
Committee on the Biological Safety of Blood and Tissues for Transplantation.
Committee on Carcinogenicity of Chemicals in Food, Consumer Products and the Environment.
Commission on Human Medicines.
Committee on the Medical Aspects of Air Pollutants.
Committee on Medical Aspects of Radiation in the Environment.
Committee on Mutagenicity of Chemicals in Food, Consumer Products and the Environment.
Committee on Products and Processes for use in Public Water Supply.
Committee on Radioactive Waste Management.
Committee on the Safety of Devices.
Committee on Standards in Public Life.
Committee on Toxicity of Chemicals in Food, Consumer Products and the Environment.
Commonwealth Scholarship Commission in the United Kingdom.
Community Development Foundation.
Competition Commission.
F84Competition Service
Complaints Audit Committee.
Construction Industry Training Board.
Consumer Council for Postal Services.
Consumer Council for Water.
Correctional Services Accreditation Panel.
Council for Science and Technology.
F85Countryside Agency.Crown Estate Office.
Culture East Midlands.
Culture North East.
Culture North West.
Culture South East.
Culture South West.
Culture West Midlands.
F86Cycling England
Darwin Advisory Committee.
F87Defence Nuclear Advisory Committee
F88Defence Scientific Advisory Committee
DEFRA Science Advisory Council.
F89Dental Vocational Training Authority.F90Department for Business, Enterprise and Regulatory Reform
F91Department for Children, Schools and Families
F92Department for Communities and Local Government.
F93Department for Constitutional Affairs.Department for Culture, Media and Sport.
F94Department for Education and Skills.Department for Environment, Food and Rural Affairs.
Department of Health.
F95Department for Innovation, Universities and Skills
Department for International Development.
F96Department of Trade and Industry.Department for Transport.
Department for Work and Pensions.
Design Council.
F97Disability Rights Commission.Disabled Persons Transport Advisory Committee.
Economic and Social Research Council.
Electoral Commission.
Engineering Construction Industry Training Board.
Engineering and Physical Sciences Research Council.
F98England Implementation Group
F99English Nature.English Sports Council.
English Tourist Board.
Environment Agency.
F100Equal Opportunities Commission.Ethnic Minority Business Forum.
Expert Advisory Group on AIDS.
Expert Panel on Air Quality Standards.
Export Credits Guarantee Department.
The Director of Fair Access to Higher Education.
Farm Animal Welfare Council.
F101Firebuy Limited
Fleet Air Arm Museum.
Food from Britain.
Food Standards Agency.
Football Licensing Authority.
Foreign and Commonwealth Office.
Forestry Commission.
Fuel Poverty Advisory Group.
Futurebuilders Advisory Panel.
Gambling Commission.
Gangmasters Licensing Authority.
Gas and Electricity Consumer Council.
Gas and Electricity Markets Authority.
Geffrye Museum.
Gene Therapy Advisory Committee.
General Social Care Council.
Genetics and Insurance Committee.
Government Actuary's Department.
F102Government Equalities Office.
The Great Britain-China Centre.
Health and Safety Commission.
Health and Safety Executive.
Health Protection Agency.
F103Herbal Medicines Advisory Committee
Her Majesty's Revenue and Customs.
Her Majesty's Stationery Office.
Her Majesty's Treasury.
Higher Education Funding Council for England.
Historic Buildings and Monuments Commission for England.
Historic Royal Palaces.
Home-Grown Cereals Authority.
Home Office.
The Horniman Public Museum and Public Park Trust.
Horserace Betting Levy Board.
Horticultural Development Council.
Housing Corporation.
Human Fertilisation and Embryology Authority.
Human Genetics Commission.
Human Tissue Authority.
The Immigration Services Commissioner.
Imperial War Museum.
Independent Advisory Group on Sexual Health and HIV.
Independent Reconfiguration Panel.
The Independent Regulator of NHS Foundation Trusts.
F104Independent Review Panel for Advertising
F105Independent Review Panel on the Classification of Borderline Products
Independent Scientific Group on Cattle TB.
Industrial Development Advisory Board.
The Information Commissioner.
F106Intellectual Property Advisory Committee.The International Rail Regulator.
Investors in People UK.
Joint Committee on Vaccination and Immunisation.
Joint Nature Conservation Committee.
Land Registry.
Law Commission.
Learning and Skills Council for England.
Leasehold Advisory Service.
Legal Deposit Advisory Panel.
Legal Services Commission.
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.
Living East.
The Lord President of the Council's Office.
Low Pay Commission.
Marshall Aid Commemoration Commission.
Measurement Advisory Committee.
Meat and Livestock Commission.
Medical Research Council.
Medical Workforce Standing Advisory Committee.
Milk Development Council.
F107Millennium Commission.Ministry of Defence.
F108Ministry of Justice.
Museum of London.
Museum of Science and Industry in Manchester.
Museums, Libraries and Archives Council.
National Army Museum.
National Biological Standards Board (UK).
National Community Forum.
National Consumer Council.
F109The National Consumer Council.
National Employer Advisory Board.
National Endowment for Science, Technology and the Arts.
National Forest Company.
National Gallery.
F110National Health Service-wide Clearing Service.National Heritage Memorial Fund.F111National Lottery Charities Board.National Lottery Commission.National Maritime Museum.National Museum of Science and Industry.National Museums and Galleries on Merseyside.F112National Policing Improvement Agency.National Portrait Gallery.National Specialist Commissioning Advisory Group.F113National Victims Advisory PanelF114Natural England.Natural Environment Research Council.Natural History Museum.F115New Opportunities Fund.Northern Ireland Court Service.Northern Ireland Human Rights Commission.Northern Ireland Legal Services Commission.Northern Ireland Office.Northern Ireland Police Fund.Northern Ireland Policing Board.Nuclear Decommissioning Authority.F116Nuclear Liabilities FundF117Nuclear Research Advisory CouncilNutrition Forum.F118Office of Her Majesty's Chief Inspector of Schools in England.Office of the Children's Commissioner.Office of Communications.Office of the Deputy Prime Minister.F119Office of the Director General of Water Services.Office of Fair Trading.Office for National Statistics.Office of Police Oversight Commissioner.Office of Public Sector Information.Office of Rail Regulation.Office of the Regulator of Community Interest Companies.Office of the Secretary of State for Scotland.F120Office for Standards in Education, Children's Services and Skills.The Official Solicitor to the Supreme Court.Oil and Pipelines Agency.F121Olympic Delivery Authority.Olympic Lottery Distributor.Ordnance Survey.Parades Commission for Northern Ireland.Parole Board.Particle Physics and Astronomy Research Council.Patient Information Advisory Group.Partnerships for Schools.The Pensions Regulator.Pesticide Residues Committee.F122Police Information Technology Organisation.Postal Services Commission.Postgraduate Medical Education and Training Board.Probation Board for Northern Ireland.The Registrar of Public Lending Right.Public Record Office.Public Services Productivity Panel.Qualifications and Curriculum Authority.F123The Quality Improvement AgencyRail Passengers' Council.Railway Heritage Committee.Regional development agencies (other than the London Development Agency).Regional Industrial Development Boards.Remploy Ltd.Renewables Advisory Board.Residuary Bodies.Reviewing Committee on the Export of Works of Art.Royal Air Force Museum.Royal Armouries Museum.Royal Botanic Gardens, Kew.Royal Commission on Historical Manuscripts.Royal Commission on Environmental Pollution.Royal Marines Museum.Royal Mint.Royal Naval Museum.Royal Navy Submarine Museum.Royal Ulster Constabulary George Cross Foundation.F124The School Food TrustScientific Advisory Committee on Nutrition.Sea Fish Industry Authority.Sector Skills Development Agency.Security Industry Authority.Sentencing Advisory Panel.Sentencing Guidelines Council.F125Service Authority for the National Crime Squad.F126Service Authority for the National Criminal Intelligence Service.SITPRO Ltd.Sir John Soane's Museum.Small Business Council.Small Business Investment Taskforce.Specialist Advisory Committee on Antimicrobial Resistance.Spongiform Encephalopathy Advisory Committee.Standards Board for England.Standing Dental Advisory Committee.F127Standing Medical Advisory Committee.F128Standing Nursing and Midwifery Advisory Committee.F129Standing Pharmaceutical Advisory Committee.Statistics Commission.Strategic Rail Authority.Sustainable Development Commission.Sustainable Energy Policy Advisory Board.Tate Gallery.F130Technology Strategy BoardTraining and Development Agency for Schools.Treasure Valuation Committee.The Treasury Solicitor.F131Union Modernisation Fund Supervisory BoardUK Film Council.United Kingdom Advisory Panel for Healthcare Workers Infected with Blood borne Viruses.United Kingdom Atomic Energy Authority.F132UK Chemical Weapons Convention National Authority Advisory Committee;UK National Authority Advisory Group.United Kingdom Sports Council.United Kingdom Xenotransplantation Interim Regulatory Authority.Unlinked Anonymous Surveys Steering Group.Unrelated Live Transplant Regulatory Authority.Urban development corporations established for urban development areas wholly in England.Urban Regeneration Agency.Valuation Tribunal Service.Veterinary Products Committee.Veterinary Residues Committee.Victims Advisory Panel.Victoria and Albert Museum.Wales Office.Wallace Collection.War pensions committees.F133Water Services Regulation Authority.Westminster Foundation for Democracy.F134Wider Health Working Group.F135Wine Standards Board.Women's National Commission.Yorkshire Culture.Youth Justice Board for England and Wales.Zoos Forum.
NOTES
General
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.
Assets Recovery Agency
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).
Cabinet Office
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.
Commission for Architecture and the Built Environment
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.
Commission for the New Towns
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.
Department for Constitutional Affairs
The reference to the Department for Constitutional Affairs includes the Lord Chancellor's Department and the Public Trustee.
Environment Agency
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).
Forestry Commission
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).
Government Actuary's Department
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.
Health Protection Agency
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).
HM Treasury
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.
Corporation of the Trinity House of Deptford Strond
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.
Lord President of the Council's Office
The reference to the Lord President of the Council's Office does not include the Privy Council Office.
Ministry of Defence
The reference to the Ministry of Defence includes the Defence Council, the Admiralty Board, the Army Board and the Air Force Board.
Ministry of Justice
The reference to the Ministry of Justice includes the Public Trustee.
Treasury Solicitor
The reference to the Treasury Solicitor does not include a reference to Her Majesty's Procurator General.
Urban Development Corporations
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.
Urban Regeneration Agency
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.
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.
F42
1
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 other than,
a
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;
b
action which is taken by an officer within a control zone or a supplementary control zone; or
c
action which is taken by a British sea-fishery officer.
2
In this paragraph—
a
“control zone” has the meaning given collectively by Schedule 1 to the Channel Tunnel (International Arrangements) Order 1993, Schedule 1 to the Channel Tunnel (Miscellaneous Provisions) Order 1994 and regulation 2 of the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003;
b
“supplementary control zone” has the meaning given by Schedule 1 to the Channel Tunnel (International Arrangements) Order 1993;
c
“British sea-fishery officer” has the meaning given by section 7 of the Sea Fisheries Act 1968.
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.
F5C64
Action taken by the Secretary of State under the Extradition Act 2003.
C75
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
F66A
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.
F76B
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.
C82
In this paragraph, “relevant tribunal” has the meaning given by section 5(8) of this Act.
F256C
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.
C9C107
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 F8. . . the High Court of Justiciary or the Courts-Martial Appeal Court.
C118
F91
Action taken on behalf of the Minister of Health or the Secretary of State by F10a Strategic Health Authority,F11a Health Authority, a Primary Care Trust, a Special Health AuthorityF19except the Rampton Hospital Review BoardF20 . . . F21 the Rampton Hospital Board, F22the Broadmoor Hospital Board or the Moss Side and Park Lane Hospitals Board,F23. . . a Health Board or the Common Services Agency for the Scottish Health ServiceF24by the Dental Practice Board or the Scottish Dental Practice Board. . . .
F122
For the purposes of this paragraph, action taken by a F13Strategic Health Authority, 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.
C129
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.
C1310
F141
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 F15to 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.
F162
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 M2Overseas Development and Co-operation Act 1980 F17or pursuant to the exercise of his powers under Part I of the International Development Act 2002 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.
11
The grant of honours, awards or privileges within the gift of the Crown, including the grant of Royal Charters.
F1812
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.
X1SCHEDULE 4RELEVANT TRIBUNALS FOR THE PURPOSES OF SECTION 5(7)
Sch. 4: this version of this provision contains details of amendments coming into force on or after 1.9.2005 and before 30.1.2008 (repealed text is retained). For previous amendment history, please refer to the earlier version.
SI 2002/796 (NI 1).
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.
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.
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).
Sch. 4: entry inserted (20.1.2006) by The Parliamentary Commissioner (No. 2) Order 2005 (S.I. 2005/3430), art. 4(a)
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).
Sch. 4: entry inserted (18.4.2006) by Equality Act 2006 (c. 3), ss. 2, 93, Sch. 1 para. 43; S.I. 2006/1082, art. 2(l)
Sch. 4: entry repealed (E.W.) (prosp.) by Commons Act 2006 (c. 26), ss. 53, 56(1), Sch. 6 Pt. 1 (with s. 60)
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.
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.
Sch. 4: entry repealed (6.4.2007) by The Dairy Produce (Miscellaneous Provisions) Regulations 2007 (S.I. 2007/477), regs. 5, 6, Sch. Pt. 1
SI 2002/458.
Sch. 4: entry deleted (22.1.2007) by The Parliamentary Commissioner Order 2006 (S.I. 2006/3328), art. 3
SI 1992/661; amended by SI 1993/3172, reg 4.
SI 2004/1861.
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.
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.
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).
Sch. 4: entry deleted (20.1.2006) by The Parliamentary Commissioner (No. 2) Order 2005 (S.I. 2005/3430), art. 4(b)
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.
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).
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.
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.
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).
SI 2000/124.
2004 c. 35. At the date on which this Order was made, section 209 of the Pensions Act 2004 was not in force.
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.
2004 c. 35. At the date on which this Order was made, section 102 of the Pensions Act 2004 was not in force.
SI 1998/1203.
SI 1981/1518.
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).
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.
Repealed with savings by SI 2003/1986, articles 1(2), 2(c)(iv), Sch 1, Pt 1 and Sch 2, para 13.
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.
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.
SI 1989/439.
Adjudicators appointed under article 7(1)(b) of the Criminal Injuries Compensation (Northern Ireland) Order 2002 F26.
Agricultural Land Tribunals constituted under section 73 of the Agriculture Act 1947 F27.
Appeal tribunals constituted under Chapter 1 of Part 1 of the Social Security Act 1998 F28.
The appeal tribunal established for Scotland under section 29 of the Betting, Gaming and Lotteries Act 1963 F29 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 F30.
F65Asylum Support Adjudicators established under section 102 of the Immigration and Asylum Act 1999.
Care Standards Tribunal constituted under section 9 of the Protection of Children Act 1999 F31.
Central Arbitration Committee constituted under section 259 of the Trade Union and Labour Relations (Consolidation) Act 1992 F32.
F66The Commission for Equality and Human Rights.
F67Commons Commissioners constituted under section 17 of the Commons Registration Act 1965F33.Competition Appeal Tribunal constituted under section 12 of the Enterprise Act 2002 F34.
Copyright Tribunal constituted under section 145 of the Copyright, Designs and Patents Act 1988 F35.
F68Dairy Produce Quota Tribunal for England and Wales constituted under regulation 7 of, and the Schedule to, the Dairy Produce Quotas (General Provisions) Regulations 2002F36.F69Dental Vocational Training Authority Appeal body established under regulation 5B National Health Service (General Dental Services) Regulations 1992F37.Employment Tribunals (England and Wales) and Employment Tribunals (Scotland) established under regulation 5 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 F38.
Employment Appeal Tribunal continued in existence under section 20 of the Employment Tribunals Act 1996 F39.
Financial Services and Markets Tribunal constituted under section 132 of the Financial Services and Markets Act 2000 F40.
Foreign Compensation Commission constituted under section 1 of the Foreign Compensation Act 1950 F41.
Horserace Betting Levy Appeal Tribunal for England and Wales constituted under section 29 of the Betting, Gaming and Lotteries Act 1963 F42.
Information Tribunal constituted under section 6 of the Data Protection Act 1998 F43.
Insolvency Practitioners Tribunal referred to in section 396 of the Insolvency Act 1986 F44.
F70Meat 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 1995F45,regulation 6(2) of, and Schedule 21 to, the Fresh Meat (Hygiene and Inspection) Regulations 1995F46, orregulation 5(2) of, and Schedule 12 to, the Wild Game Meat (Hygiene and Inspection) Regulations 1995F47.
Mental Health Review Tribunals constituted under section 65 of, and Schedule 2 to, the Mental Health Act 1983 F48.
F70Misuse of Drugs Advisory Body constituted under section 16(1) of, and Part 2 of Schedule 3 to, the Misuse of Drugs Act 1971F49.F70Misuse of Drugs Professional Panel constituted under section 16(1) of, and Part 3 of Schedule 3 to, the Misuse of Drugs Act 1971.F70Misuse 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 F50.
Ombudsman for the Board of the Pension Protection Fund appointed under section 209 of the Pensions Act 2004 F51.
Pensions Ombudsman established under section 145 of the Pension Schemes Act 1993 F52.
Pensions Regulator Tribunal constituted under section 102 of the Pensions Act 2004 F53.
Persons hearing consumer credit licensing appeals appointed under regulation 24 of the Consumer Credit Licensing (Appeals) Regulations 1998 F54.
Persons hearing estate agents' appeals appointed under regulation 19 of the Estate Agents (Appeals) Regulations 1981 F55.
Plant Varieties and Seeds Tribunal (referred to in section 42 of the Plant Varieties Act 1997 F56).
Reference Committees constituted under section 27 of the Forestry Act 1967 F57.
F69Registered Inspectors of Schools Appeal Tribunals constituted under section 9 of, and Schedule 2 to, the Schools Inspections Act 1996F58.Rent Assessment Committees constituted under section 65 of, and Schedule 10 to, the Rent Act 1977 F59 and also known as Leasehold Valuation Tribunals for the purpose of determinations pursuant to section 21(1), (2) and (3) F60 of the Leasehold Reform Act 1967 F61 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 F62.
Traffic Commissioners appointed under section 4 of the Public Passenger Vehicles Act 1981 F63.
Valuation Tribunals continued in existence under regulation 3 of the Valuation and Community Charge Tribunals Regulations 1989 F64.
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