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SCHEDULES

SCHEDULE 3E+W+SServices and public functions: exceptions

Part 1E+W+SConstitutional matters

ParliamentE+W+S

1(1)Section 29 does not apply to the exercise of—E+W+S

(a)a function of Parliament;

(b)a function exercisable in connection with proceedings in Parliament.

(2)Sub-paragraph (1) does not permit anything to be done to or in relation to an individual unless it is done by or in pursuance of a resolution or other deliberation of either House or of a Committee of either House.

Annotations:

Commencement Information

I1Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

LegislationE+W+S

2(1)Section 29 does not apply to preparing, making or considering—E+W+S

(a)an Act of Parliament;

(b)a Bill for an Act of Parliament;

(c)an Act of the Scottish Parliament;

(d)a Bill for an Act of the Scottish Parliament;

(e)an Act of the National Assembly for Wales;

(f)a Bill for an Act of the National Assembly for Wales.

(2)Section 29 does not apply to preparing, making, approving or considering—

(a)a Measure of the National Assembly for Wales;

(b)a proposed Measure of the National Assembly for Wales.

(3)Section 29 does not apply to preparing, making, confirming, approving or considering an instrument which is made under an enactment by—

(a)a Minister of the Crown;

(b)the Scottish Ministers or a member of the Scottish Executive;

(c)the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.

(4)Section 29 does not apply to preparing, making, confirming, approving or considering an instrument to which paragraph 6(a) of Schedule 2 to the Synodical Government Measure 1969 (1969 No. 2) (Measures, Canons, Acts of Synod, orders, etc.) applies.

(5)Section 29 does not apply to anything done in connection with the preparation, making, consideration, approval or confirmation of an instrument made by—

(a)Her Majesty in Council;

(b)the Privy Council.

(6)Section 29 does not apply to anything done in connection with the imposition of a requirement or condition which comes within Schedule 22 (statutory provisions).

Annotations:

Commencement Information

I2Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Judicial functionsE+W+S

3(1)Section 29 does not apply to—E+W+S

(a)a judicial function;

(b)anything done on behalf of, or on the instructions of, a person exercising a judicial function;

(c)a decision not to commence or continue criminal proceedings;

(d)anything done for the purpose of reaching, or in pursuance of, a decision not to commence or continue criminal proceedings.

(2)A reference in sub-paragraph (1) to a judicial function includes a reference to a judicial function conferred on a person other than a court or tribunal.

Annotations:

Commencement Information

I3Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Armed forcesE+W+S

4(1)Section 29(6), so far as relating to relevant discrimination, does not apply to anything done for the purpose of ensuring the combat effectiveness of the armed forces.E+W+S

(2)“Relevant discrimination” is—

(a)age discrimination;

(b)disability discrimination;

(c)gender reassignment discrimination;

(d)sex discrimination.

Annotations:

Commencement Information

I4Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Security services, etc.E+W+S

5Section 29 does not apply to—

(a)the Security Service;

(b)the Secret Intelligence Service;

(c)the Government Communications Headquarters;

(d)a part of the armed forces which is, in accordance with a requirement of the Secretary of State, assisting the Government Communications Headquarters.

Annotations:

Commencement Information

I5Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)