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Public Records Act 1958

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SCHEDULES

Section 10.

FIRST SCHEDULEE+W+S+N.I. Definition of Public Records

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Modifications etc. (not altering text)

C1Sch. 1 excluded by Transport Act 1968 (c. 73), s. 144(9)

Sch. 1 excluded (E.W.S.) (1.4.1994) by 1993 c. 43, s. 125(6); S.I. 1994/571, art. 5 (with art. 7) (which exclusion was repealed (18.7.1996) by 1996 c. 42, s. 8(2)(3))

Sch. 1 excluded (E.W.S.) (18.9.1996) by 1996 c. 42, ss. 5(3), 8(3)

1The provisions of this Schedule shall have effect for determining what are public records for the purposes of this Act.E+W+S+N.I.

Departmental recordsE+W+S+N.I.

2(1)Subject to the provisions of this paragraph, administrative and departmental records belonging to Her Majesty, whether in the United Kingdom or elsewhere, in right of Her Majesty’s Government in the United Kingdom and, in particular,—E+W+S+N.I.

(a)records of, or held in, any department of Her Majesty’s Government in the United Kingdom, or

(b)records of any office, commission or other body or establishment whatsoever under Her Majesty’s Government in the United Kingdom,

shall be public records.

(2)Sub-paragraph (1) of this paragraph shall not apply—

(a)to records of any government department or body which is wholly or mainly concerned with Scottish affairs, or which carries on its activities wholly or mainly in Scotland, or

(b)to registers or certified copies of entries in registers being registers or certified copies kept or deposited in the General Register Office under or in pursuance of any enactment, whether past or future, which provides for the registration of births, deaths, marriages [F1, civil partnerships] or adoptions, or

(c)except so far as provided by paragraph 4 of this Schedule, to records of the Duchy of Lancaster, or

(d)to records of the office of the Public Trustee relating to individual trusts [F2or

(e)to Welsh public records (as defined in [F3the Government of Wales Act 2006]).]

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Amendments (Textual)

F2Sch. 1 para. 2(2)(e) and “or”immediately preceding it inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 3(2) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F3Words in Sch. 1 para. 2(2)(e) substituted by Government of Wales Act 2006 (c. 32) , s. 160(1), {Sch. 10 para. 7(a)}, the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

3(1)Without prejudice to the generality of sub-paragraph (1) of the last foregoing paragraph, the administrative and departmental records of bodies and establishments set out in the Table at the end of this paragraph shall be public records, whether or not they are records belonging to Her Majesty.E+W+S+N.I.

(2)The provisions of this paragraph shall not be taken as applying to records in any museum or gallery mentioned in the said Table which form part of its permanent collections (that is to say records which the museum or gallery has acquired otherwise than by transfer from or arrangements with a government department).

TableE+W+S+N.I.Part I Bodies and Establishments under Government Departments

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Modifications etc. (not altering text)

C2Sch. 1 Pt. I: reference to Ministry of Agriculture, Fisheries and Food extended by S.I. 1978/272, art. 11(6)

Responsible Government Department
[F4Department for Environment, Food and Rural Affairs.]

Agricultural Wages Board.

Agricultural Wages Committees.

Organisation known as the “National Farm Survey”.

Official seed testing station for England and Wales.

[F5Ministry of Defence]Meteorological Office.
F6. . .F6. . .
[F7Department of Health]

National Health Service Authorities [F8including [F9Primary Care Trusts][F10, National Health Service trusts and NHS foundation trusts]] other than local health authorities [F11and Authorities for districts or localities in Wales, or for areas in or consisting of Wales (including National Health Service trusts all of whose hospitals, establishments and facilities are situated in Wales)].

[F12Family Practitioner Committees][F13for localities in England]

[F14health service hospitals, within the meaning of the National Health Service Act 1977][F15, in England] except—

records of endowments passing to Boards of Governors under section seven of the National Health Service Act 1946.

records relating to funds held by Hospital Boards and Committees under sections fifty-nine and sixty of the said Act, andrecords of private patients admitted under section five of the said Act.

[F16records of property passing to [F17Regional, Area or District] Health Authorities or special health authorities under sections 23 to 26 of the M1National Health Service Reorganisation Act 1973 [F18, section 92 of the National Health Service Act 1977, section 213 of the National Health Service Act 2006 or section 161 of the National Health Service (Wales) Act 2006]

records of property held by a [F17Regional,Area or District] Health Authority or special health authority under section 21 or 22 of the said Act 1973][F19, section 90 or 91 of the National Health Service Act 1977, section 218 of the National Health Service Act 2006 or paragraph 8 of Schedule 6 to that Act, or paragraph 8 of Schedule 5 to the National Health Service (Wales) Act 2006]

[F20records of trust property passing to a [F21Strategic Health Authority, Health Authority, Special Health Authority or Primary Care Trust] by virtue of the Health Authorities Act 1995 [F22, under section 213 of the National Health Service Act 2006 or section 161 of the National Health Service (Wales) Act 2006,] or held by [F23a Strategic Health Authority or] a Health Authority under section 90 or 91 of [F24the National Health Service Act 1977, section 218 of the National Health Service Act 2006, paragraph 12 of Schedule 2 to, or paragraph 8 of Schedule 6 to, that Act, or paragraph 8 of Schedule 5 to the National Health Service (Wales) Act 2006].]

F25. . .

Home Office

Office of Commissioner of Police of the Metropolis.

Office of Receiver for the Metropolitan Police District.

[F26Department of Employment]

National Dock Labour Board.

National Institute of Houseworkers Limited.

Wages Boards and Wages Councils.

[F27Department of Social Security]

National Insurance Advisory Committee.

Industrial Injuries Advisory Council.

[F28Attendance Allowance Board.]

National Insurance and Industrial Injuries Joint Authorities.

Workmen’s Compensation Supplementation Board.

Pneumoconiosis and Byssinosis Benefit Board.

F29. . .

F30. . .

[F31Department of Transport]

Air Transport Advisory Council.

Air Registration Board.

[F32Airworthiness Requirements Board, Civil Aviation Authority.]

[F33Strategic Rail Authority.]

[F34Ministry of Justice]

[F35Legal Aid Board]

[F36Legal Services Commission]

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Amendments (Textual)

F4Sch. 1 para. 3 Table Pt. I: words substituted (27.3.2002) by S.I. 2002/794, art. 5(1), Sch. 1 para. 10 (with arts. 5(3), 6)

F7Sch. 1 para. 3 Table Pt. I: words substituted by virtue of S.I. 1988/1843, art. 2

F9Sch. 1 para. 3 Table Pt. I: words inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 3

F11Sch. 1 para. 3 Table Pt. I: words in entry relating to "National Health Service Authorities" inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 3(3)(a) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F12Sch. 1 para. 3 Table Pt. I: entry inserted (E.W.) by S.I. 1985/39, art. 4

F13Sch. 1 para. 3 Table Pt. I: words in entry relating to "Family Practitioner Committees" inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 3(3)(b) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F14Sch. 1 para. 3 Table Pt. I: for the words "National health service hospitals" there are substituted (E.W.S) the words "health service hospitals, within the meaning of the National Health Service Act 1977" by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 6(b)

F15Sch. 1 para. 3 Table Pt. I: words in entry relating to "health service hospitals" inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 3(3)(c) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F18Sch. 1 para. 3 Table Pt. I: words in "the first entry relating to the Department of Health and Social Security" substituted (1.3.2007) by virtue of National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 21(a) (with Sch. 3 Pt. 1)

F19Sch. 1 para. 3 Table Pt. I: words in "the first entry relating to the Department of Health and Social Security" substituted (1.3.2007) by virtue of National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 21(b) (with Sch. 3 Pt. 1)

F20Sch. 1 Pt. 1 para. 3 Table Pt. I: words in entry relating to Department of Health inserted (28.6.1995 for certain purposes otherwise 1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III para. 90 (with Sch. 2 para. 6)

F21Sch. 1 para. 3 Table Pt. I: words substituted (1.10.2002) by S.I. 2002/2469, reg. 4, Sch. 1 Pt. 1 para. 1(a)

F22Sch. 1 para. 3 Table Pt. I: words in "the first entry relating to the Department of Health and Social Security" substituted (1.3.2007) by virtue of National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 21(c) (with Sch. 3 Pt. 1)

F23Sch. 1 para. 3 Table Pt. I: words inserted (1.10.2002) by S.I. 2002/2469, reg. 4, Sch. 1 Pt. 1 para. 1(b)

F24Sch. 1 para. 3 Table Pt. I: words in "the first entry relating to the Department of Health and Social Security" substituted (1.3.2007) by virtue of National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 21(d) (with Sch. 3 Pt. 1)

F25Sch. 1 para. 3 Table Pt. I: entry relating to "Welsh Board of Health" repealed (1.4.1999) by 1998 c. 38, s. 152, Sch. 18 Pt. II (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1999/782, art. 2

F26Words substituted by virtue of S.I. 1959/1769 (1959 I, p. 1795), art. 2(1), S.I. 1968/729, art. 3(2) and S.I. 1970/1537, art. 3

F27Sch. 1 para. 3 Table Pt. I: words substituted by virtue of S.I. 1988/1843, art. 3

F31Sch. 1 para. 3 Table Pt. I: words substituted by virtue of S.I. 1959/1768 (1959 I, p.1793), arts. 2(1), 4(1), S.I. 1966/741, arts. 2(1), 3(1), S.I. 1966/1015, arts. 2(1), 3, S.I. 1970/1537, arts. 2(1), 7(4), S.I. 1974/692, arts. 2(3), 5(3) and S.I. 1983/1127, art. 2

F32Sch. 1 para. 3 Table Pt. I: words included by virtue of Civil Aviation Act 1982 c. 16, SIF 9), Sch. 15 para. 3

F33Sch. 1 para. 3 Table Pt. I: words inserted (15.1.2001) by 2000 c. 38, s. 204, Sch. 14 para. 26; S.I. 2000/3376, art. 2

F36Sch. 1 para. 3 Table Pt. I: entry inserted (1.4.2000) by 1999 c. 22, s. 24, Sch. 4 para. 1 (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/774, art. 2(a)(ii)(iii) (subject to transitional provsions in arts. 3, 4)

Marginal Citations

X1Part IIE+W+S+N.I. Other Establishments and Organisations

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Editorial Information

X1Sch. 1 para. 3 Table Pt. II: due to the large number of entries contained in Pt. II of the Table and the frequency with which it has been amended, new versions are created less frequently than is usual SLD practice. This version of this provision contains details of amendments coming into force on or after 1.1.2009 (repealed text is retained). For previous amendment history, please refer to earlier versions.

Modifications etc. (not altering text)

C3Sch. 1 para. 3 Table Pt. II: Public Records Act 1958 shall, as from the appointed day, have effect as if British Telecommunications were included amongst the bodies and establishments set out in Part II of the Table at the end of paragraph 3 of Schedule 1 to that Act by virtue of British Telecommunications Act 1981 (c. 38, SIF 96), ss. 1(2), 56(1) (which amending provisions were repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. II (with saving relating to the operation of s. 56 of the 1981 Act in Sch. 5 para. 44))

  • [F37[F38Adult Learning Inspectorate]]

  • Anglo-Egyptian Resettlement Board.

  • [F39Armouries]

  • [F40Arts and Humanities Research Council.]

  • [F41The Authorised Conveyancing Practitioners Board]

  • [F42The Big Lottery Fund.]

  • [F43The Board of the Pension Protection Fund.]

  • [F44The Board of Trustees of the National Museums and Galleries on Merseyside.]

  • [F45British Coal Corporation]

  • [F46British Council.]

  • British Museum (including the Natural History Museum).

  • [F47[F48Care Council for Wales.]]

  • [F49the Care Quality Commission.]

  • Catering Wages Commission.

  • [F50Central Police Training and Development Authority]

  • [F51Child Maintenance and Enforcement Commission.]

  • [F52Civil Nuclear Police Authority.]

  • [F53Coal Authority]

  • Coal Industry Social Welfare Organisation.

  • [F54Commission for Architecture and the Built Environment.]

  • [F55The Commission for Equality and Human Rights.]

  • [F56[F57 Commission for Health Improvement.]]

  • [F58[F59Commission for Healthcare Audit and Inspection]]

  • [F60Commission on Industrial Relations]

  • [F61Commission for Patient and Public Involvement in Health.]

  • [F62Commission for Rural Communities.]

  • [F63[F64Commission for Social Care Inspection]]

  • [F65Commissioner for Parliamentary Investigations.]

  • [F66The Committee on Climate Change.]

  • [F67Competition Commission.]

  • [F68Competition Service]

  • [F69[F70Consumer Council for Postal Services.]]

  • [F71Consumer Council for Water.]

  • [F41The Conveyancing Ombudsman]

  • [F72Council for Healthcare Regulatory Excellence]

  • [F73[F74Countryside Council for Wales]]

  • [F75Criminal Cases Review Commission]

  • [F76Crown Agents for Overseas Governments and Administrations (before and after their reconstitution as a body corporate)] except when acting for governments or authorities outside Her Majesty’s dominions.

  • [F77Crown Agents Holding and Realisation Board.]

  • [F78[F79Curriculum and Assessment Authority for Wales]]

  • [F80[F81the Data Protection Commissioner]]

  • [F82A development agency established under section 1 of the Regional Development Agencies Act 1998.]

  • Development Commission.

  • [F83Director of Fair Access to Higher Education]

  • [F84[F85Disability Rights Commission.]]

  • [F86Economic and Social Research Council.]

  • [F87Electoral Commission.]

  • F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F89Engineering and Physical Sciences Research Council.]

  • [F90[F91English Nature.]]

  • [F92The Environment Agency]

  • [F93Funding Agency for Schools]

  • [F94 Further Education Funding Council for England.]

  • [F95[F94Further Education Funding Council for Wales.]]

  • [F69[F96Gas and Electricity Consumer Council.]]

  • [F97General Social Care Council.]

  • [F98General Teaching Council for England.]

  • [F99[F100General Teaching Council for Wales.]]

  • [F94Higher Education Funding Council for England.]

  • [F101[F94Higher Education Funding Council for Wales.]]

  • [F39Historic Buildings and Monuments Commission for England]

  • [F102The Homes and Communities Agency.]

  • [F103Human Tissue Authority.]

  • Imperial War Museum.

  • [F104The Independent Parliamentary Standards Authority.]

  • [F105Information Commissioner.]

  • [F106Infrastructure Planning Commission.]

  • Irish Sailors’ and Soldiers’ Land Trust.

  • [F107Learning and Skills Council for England.]

  • [F108The Legal Services Board.]

  • [F109The Legal Services Consultative Panel.]

  • [F110[F111 The Legal Services Ombudsman]]

  • [F112Local Better Regulation Office.]

  • [F113Local Government Boundary Commission for England.]

  • London Museum.

  • [F114The Lord Chancellor’s Advisory Committee on Legal Education and Conduct]

  • F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F115The Marine Management Organisation.]

  • [F116Medical Research Council.]

  • [F117[F118Millennium Commission.]]

  • [F119[F120Monopolies and Mergers Commission.]]

  • [F121National Audit Office]

  • [F56[F122National Care Standards Commission]]

  • F123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F124The National Consumer Council.]

  • National Gallery.

  • [F117[F125National Lottery Charities Board.]]

  • [F126National Lottery Commission.]

  • National Maritime Museum.

  • [F90[F127Countryside Agency]]

  • [F128National Policing Improvement Agency.]

  • National Portrait Gallery.

  • National Savings Committee.

  • [F129Natural England.]

  • [F130Natural Environment Research Council.]

  • [F131[F74Nature Conservancy Council for England]]

  • [F117[F132New Opportunities Fund.]]

  • [F133Nuclear Decommissioning Authority.]

  • [F134Occupational Pensions Regulatory Authority.]

  • [F135Office of Communications.]

  • [F136Office of [F137the Director General of Fair Trading.]]

  • [F138Office of Fair Trading.]

  • [F139The Office of the Health Professions Adjudicator.]

  • [F140The Office for Legal Complaints.]

  • [F141Office for Tenants and Social Landlords.]

  • [F142Olympic Delivery Authority.]

  • [F143Olympic Lottery Distributor.]

  • [F144The Ombudsman for the Board of the Pension Protection Fund.]

  • [F134Pensions Compensation Board.]

  • [F145Pensions Ombudsman.]

  • [F146The Pensions Regulator.]

  • [F147Personal Accounts Delivery Authority]

  • [F148Police Information Technology Organisation]

  • [F149Post Office].

  • [F150Post Office company (within the meaning of Part IV of the Postal Services Act 2000).]

  • [F151 Qualifications and Curriculum Development Agency]

  • [F153[F152Qualifications, Curriculum and Assessment Authority for Wales]]

  • [F154Rail Passengers’ Committees.]

  • [F154Rail Passengers’ Council.]

  • Remploy Limited.

  • [F39Royal Botanic Gardens, Kew]

  • Royal Greenwich Observatory.

  • [F155School Curriculum and Assessment Authority]

  • [F156[F93Schools Funding Council for Wales]]

  • [F39Science Museum]

  • [F157Scottish Criminal Cases Review Commission.]

  • [F158Security Industry Authority.]

  • [F159Serious Organised Crime Agency.]

  • [F160[F161The Service Authority for the National Crime Squad.]]

  • [F160[F161The Service Authority for the National Criminal Intelligence Service.]]

  • [F162The Simpler Trade Procedures Board.]

  • Tate Gallery.

  • [F163[F164Teacher Training Agency]]

  • [F165Technology Strategy Board.]

  • [F166Traffic Director for London]

  • [F167Training and Development Agency for Schools]

  • F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F168The trustee corporation established by section 75 of the Pensions Act 2008.]

  • Trustee Savings Banks Inspection Committee.

  • United Kingdom Atomic Energy Authority.

  • University Grants Committee.

  • [F169Valuation Tribunal Service.]

  • [F39Victoria and Albert Museum]

  • Wallace Collection.

  • War Works Commission.

  • Any body established for the purpose of determining the boundaries of constituencies of the Parliament of the United Kingdom, or of local authorities in England [F170or Wales].

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Amendments (Textual)

F38Sch. 1 para. 3 Table Pt. II: entry inserted (28.7.2000 in so far as consequential on ss. 130, 131 or Sch. 8 of the amending Act and 3.8.2000 otherwise) by 2000 c. 21, s. 149, Sch. 9 para. 2; S.I. 2000/2114, art. 2(1), Sch. Pt. I

F42Sch. 1 para. 3 Table Pt. II: entry inserted by 1993 c. 39, Sch. 4A para. 15 (as inserted (1.8.2006) by National Lottery Act 2006 (c. 23), ss. 14, 22, Sch. 2; S.I. 2006/2177, art. 2)

F44Table Pt. II: entry inserted by S.I. 1990/1765, art. 3(2)

F47Sch. 1 para. 3 Table Pt. II: entry repealed (prosp.) by 2000 c. 14, ss. 117(2), 122, Sch. 6

F48Sch. 1 para. 3 Table Pt. II: entry inserted (1.4.2001 for W.) by 2000 c. 14, ss. 54, 66, Sch. 1 para. 22; S.I. 2000/2992, art. 2(2), Sch. 2

F50Sch. 1 para. 3 Table Pt. II: entry inserted (1.4.2002) by 2001 c. 16, s. 102, Sch. 4 para. 1; S.I. 2002/533, art. 2(d)

F51Sch. 1 para. 3 Table Pt. II: entry inserted (10.6.2008 for certain purposes and 24.7.2008 otherwise) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 1, 62, Sch. 1 para. 24; S.I. 2008/1476, art. 2(1); S.I. 2008/2033, art. 2(1)

F53Sch. 1 para. 3 Table Pt. II: entry inserted (31.10.1994) by 1994 c. 21, s. 67, Sch. 9 para. 6 (with ss. 40(7), 66); S.I. 1994/2553, s. 68(2)(d), art. 2

F55Sch. 1 para. 3 Table Pt. II: entry inserted (18.4.2006) inserted by Equality Act 2006 (c. 3), ss. 2, 93, Sch. 1 para. 47; S.I. 2006/1082, art. 2(a)(l)

F57Sch. 1 para. 3 Table Pt. II: entry inserted (1.11.1999 for E.W. and 11.5.2001 for S.) by 1999 c. 8, ss. 19, 67(2), Sch. 2 para. 15; S.I. 1999/2793, art. 2(1)(b), Sch. 2; S.I. 2001/1985, art. 2(3)(a)

F61Sch. 1 para. 3 Table Pt. II: entry inserted (1.1.2003) by 2002 c. 17, s. 20(11), Sch. 6 para. 16; S.I. 2002/3190, art. 2(2)(a)

F65Sch. 1 para. 3 Table Pt. II: entry inserted (prosp.) by Parliamentary Standards Act 2009 (c. 13), ss. 3(4), 14(3), Sch. 2 para. 11 (which amending provisions shall expire in accordance with s. 15(1)(2) of the amending Act)

F66Sch. 1 para. 3 Table Pt. II: entry inserted (26.11.2008) by Climate Change Act 2008 (c. 27), ss. 32(2), 100(1), Sch. 1 para. 28

F67Sch. 1 para. 3 Table Pt. II: entry inserted (1.4.1999) by S.I. 1999/506, art. 11

F68Sch. 1 para. 3 Table Pt. II: entry inserted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 3(2)(b); S.I. 2003/766, art. 2, Sch. (with art. 3)

F73Sch. 1 para. 3 Table Pt. II: entry repealed (1.4.1999) by 1998 c. 38, s. 152, Sch. 18 Pt. II (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1999/782, art. 2

F75Sch. 1 para. 3 Table Pt. II: entry inserted (31.3.1997) by 1995 c. 35, s. 29(1), Sch. 2 para. 3; S.I. 1997/402, art. 3(e) (with art. 4)

F78Sch. 1 para. 3 Table Pt. II: entry repealed (1.4.1999) by 1998 c. 38, s. 152, Sch. 18 Pt. II (with ss. 137(1), 139(2), 141(1), 143(2); S.I. 1999/782, art. 2

F79Sch. 1 para. 3 Table Pt. II: entry substituted (1.4.1994) by 1993 c. 35, s. 253(2), Sch. 15 para. 1; S.I. 1994/507, art. 4(1), Sch. 2

F80Sch. 1 para. 3 Table Pt. II: entry repealed (30.1.2001) by 2000 c. 36, ss. 18(4), 86, 87(2), Sch. 2 Pt. I para. 3(1), Sch. 8 Pt. II (with ss. 7(1)(7), 56, 78)

F81Sch. 1 para. 3 Table Pt. II: entry substituted (1.3.2000) by 1998 c. 29, s. 74(1), Sch. 15 para. 1(1); S.I. 2000/183, art. 2(1)

F82Sch. 1 para. 3 Table Pt. II: entry inserted (25.11.1998 for the purposes of regional development agencies established on that date and 3.7.2000 otherwise) by 1998 c. 45, ss. 32, 43, Sch. 7 para. 1; S.I. 1998/2952, art. 2(2); S.I. 2000/1173, art. 2(2)(c)

F83Sch. 1 para. 3 Table Pt. II: entry inserted (1.7.2004) by Higher Education Act 2004 (c. 8), ss. 49, 52(1), Sch. 6 para. 1

F88Sch. 1 para. 3 Table Pt. II: entries relating to "Employment Service Agency", "Manpower Services Commission" and "Training Services Agency" repealed (E.W.S.) by Employment Protection Act 1975 (c. 71), s. 125, Sch. 18

F91Sch. 1 para. 3 Table Pt. II: entry inserted (30.1.2001) by 2000 c. 37, ss. 73(4), 103(2), Sch. 8 para. 2(a)

F92Sch. 1 para. 3 Table Pt. II: entry inserted (28.7.1995) by 1995 c. 25, s. 120(1), Sch. 22 para. 4 (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/1983, art. 2

F93Sch. 1 para. 3 Table Pt. II: entry inserted (1.4.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 34; S.I. 1994/507, art. 4(1), Sch. 2

F95Sch. 1 para. 3 Table Pt. II: entries repealed (1.4.1999) by 1998 c. 38, s. 152, Sch. 18 Pt. II; S.I. 1999/782, art. 2

F96Sch. 1 para. 3 Table Pt. II: entry inserted (1.11.2000) by 2000 c. 27, s. 108, Sch. 6 Pt. III para. 42; S.I. 2000/2917, art. 2, Sch.

F97Sch. 1 para. 3 Table Pt. II: entry inserted (7.5.2001 for E.) by 2000 c. 14, s. 6, Sch. 1 para. 22; S.I. 2001/1536, art. 2(2)

F98Sch. 1 para. 3 Table Pt. II: entry inserted (1.9.2000) by 1998 c. 30, s. 44(1), Sch. 3 para. 1 (with s. 42(8)); S.I. 2000/970, art. 3

F99Sch. 1 para. 3 Table Pt. II: entry repealed (prosp.) by 1998 c. 38, ss. 152, 158, Sch. 18 Pt. II (with ss. 137(1), 139(2), 141(1), 143(2))

F100Sch. 1 para. 3 Table Pt. II: entry inserted (1.9.2000) by 1998 c. 30, s. 44(1), Sch. 3 para. 1 (with s. 42(8)); S.I. 2000/970, art. 3

F101Sch. 1 para. 3 Table Pt. II: entry repealed (1.4.1999) by 1998 c. 38, s. 152, Sch. 18 Pt. II (ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1999/782, art. 2

F105Sch. 1 para. 3 Table Pt. II: entry inserted (30.1.2001) by 2000 c. 36, ss. 18(4), 87(2), Sch. 2 Pt. I para. 3(1) (with ss. 7(1)(7), 56, 78)

F109Sch. 1 para. 3 Table Pt. II: entry inserted (1.1.2000) by 1999 c. 22, s. 35(5); S.I. 1999/3344, art. 2(a)

F110Sch. 1 para. 3 Table Pt. II: entry repealed (prosp.) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss. 29, 192, 193)

F118Words in Sch. 1 para. 3 Table Pt. II inserted (25.10.1993) by 1993 c. 39. s. 40, Sch. 6 para. 13; S.I. 1993/2632, art. 2

F119Sch. 1 para. 3 Table Pt. II: entry relating to "Monopolies Commission" repealed (1.4.1999) by virtue of S.I. 1999/506, art. 11

F120Words substituted by virtue of Fair Trading Act 1973 (c. 41), s. 4(1)

F122Sch. 1 para. 3 Table Pt. II: entry inserted (9.4.2001 for E.) by 2000 c. 14, s. 6, Sch. 1 para. 22; S.I. 2001/1193, art. 2(3)

F123Sch. 1 para. 3 Table Pt. II: the words "National Coal Board" repealed by Coal Industry Act 1987 (c. 3, SIF 86), s. 10(3), Sch. 3 Pt. II

F125Sch. 1 para. 3 Table Pt. II: entry inserted (2.9.1998) by 1998 c. 22, ss. 14(1), 27(5)

F126Sch. 1 para. 3 Table Pt. II: entry inserted (1.4.1999) by 1998 c. 22, s. 1, Sch. 1 Pt. III para. 8; S.I. 1999/650, art. 2

F127Sch. 1 para. 3 Table Pt. II: entry substituted (20.2.1999) by S.I. 1999/416, art. 3, Sch. 1 para. 2

F128Sch. 1 para. 3 Table Pt. II: entry inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 1, 53, Sch. 1 para. 49; S.I. 2007/709, art. 3 (subject to arts. 6, 7)

F132Sch. 1 para. 3 Table Pt. II: entry inserted by 1993 c. 39, s. 43A, Sch. 6A para. 10 (as inserted (2.7.1998) by 1998 c. 22, ss. 7, 27(4)(c), Sch. 2)

F134Sch. 1 para. 3 Table Pt. II: entries inserted (6.4.1997) by 1995 c. 26, s. 151, Sch. 5 para. 1(b); S.I. 1997/664, art. 2(3), Sch. Pt. II

F135Sch. 1 para. 3 Table Pt. II: entry inserted (1.7.2002) by 2002 c. 11, s. 1, Sch. para. 23; S.I. 2002/1483, art. 2

F136Sch. 1 para. 3 Table Pt. II: entry repealed (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 3(2)(b), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3)

F138Sch. 1 para. 3 Table Pt. II: entry inserted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 3(2)(b); S.I. 2003/766, art. 2, Sch. (with art. 3)

F145Sch. 1 para. 3 Table Pt. II: entry inserted (2.10.1995) by 1995 c. 26, s. 173, Sch. 6 para. 1; S.I. 1995/2548, art. 2

F147Sch. 1 para. 3 Table Pt. II: entry inserted (26.7.2007) by Pensions Act 2007 (c. 22), ss. 20, 30(1)(c), Sch. 6 para. 22

F148Sch. 1 para. 3 Table Pt. II: entry inserted (1.9.1997) by 1997 c. 50, s. 134(1), Sch. 9 para. 3; S.I. 1997/1930, art. 3(2)(x)

F153Sch. 1 para. 3 Table Pt. II: entry repealed (1.4.1999) by 1998 c. 38, s. 152, Sch. 18 Pt. II (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1999/782, art. 2

F155Sch. 1 para. 3 Table Pt. II: entry inserted (1.10.1993) by 1993 c. 35, s. 307(1), Sch. 19 para. 34; S.I. 1993/1975, art. 9, Sch. 1

F156Words in Sch. 1 para. 3 Table Pt. II repealed (1.4.1999) by 1998 c. 31, s. 140(3), Sch. 31; S.I. 1999/1016, art. 2(1), Sch. 1

F157Sch. 1 para. 3 Table Pt. II: entry inserted (prosp.) by 1997 c. 48, ss. 62(1), 65(2), Sch. 1 para. 1 (which insertion was repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 141(1), Sch. 10; S.I. 1998/2327, art. 2(1)(y)(aa)(2)(pp)(3)(y))

F158Sch. 1 para. 3 Table Pt. II: entry inserted (1.4.2003) by 2001 c. 12, s. 1, Sch. 1 para. 18; S.I. 2002/3125, art. 3(d)

F160Sch. 1 para. 3 Table Pt. II: entries repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174,178, Sch. 4 para. 6(b), {Sch. 17}; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(d) (subject to art. 4(2)-(7))

F161Sch. 1 para. 3 Table Pt. II: entries inserted (1.4.2002) by 2001 c. 16, s. 128, Sch. 6 Pt. III para. 55; S.I. 2002/344, art. 3(k) (with art. 4)

F163Sch. 1 para. 3 Table Pt. II: entry repealed (1.9.2005) by Education Act 2005 (c. 18), ss. 123, 125(3)(b), Sch. 19 Pt. 3

F164Sch. 1 para. 3 Table Pt. II: entry inserted (21.9.1994) by 1994 c. 30, s. 24, Sch. 2 para. 1; S.I. 1994/2204, art. 2

F167Sch. 1 para. 3 Table Pt. II: entry inserted (1.9.2005) by Education Act 2005 (c. 18), ss. 98, 125(3)(a), Sch. 14 para. 1

F170Sch. 1 para. 3 Table Pt. II: words in entry repealed (1.4.1999) by 1998 c. 38, s. 152, Sch. 18 Pt. II (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1999/782, art. 2

Modifications etc. (not altering text)

C4Sch. 1 para. 3 Table Pt. II: entries relating to Curriculum and Assessment Authority for Wales, Funding Agency for Schools, School Curriculum and Assessment Authority and Schools Funding Council for Wales continued (1.11.1996) by virtue of 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 2

[F1713A(1)Her Majesty may by Order in Council amend the Table at the end of paragraph 3 of this Schedule by adding to either Part of the Table an entry relating to any body or establishment—E+W+S+N.I.

(a)which, at the time when the Order is made, is specified in Schedule 2 to the Parliamentary Commissioner Act 1967 (departments, etc. subject to investigation), or

(b)in respect of which an entry could, at that time, be added to Schedule 2 to that Act by an Order in Council under section 4 of that Act (which confers power to amend that Schedule).

(2)An Order in Council under this paragraph may relate to a specified body or establishment or to bodies or establishments falling within a specified description.

(3)An Order in Council under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

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Amendments (Textual)

Records of courts and tribunalsE+W+S+N.I.

4(1)Subject to the provisions of this paragraph, records of the following descriptions shall be public records for the purposes of this Act:—E+W+S+N.I.

[F172(za)records of the Supreme Court;]

(a)records of, or held in any department of, the Supreme Court (including any court held under a commission of assize);

(b)records of county courts and of any other superior or inferior court of record established since the passing of the M2County Courts Act 1846;

F173(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)records of courts of quarter sessions:

(e)records of magistrates’ courts;

(f)records of coroners’ courts;

[F174(fa)records of the Court Martial, the Summary Appeal Court or the Service Civilian Court;]

(g)records of courts-martial held whether within or outside the United Kingdom by any of Her Majesty’s forces raised in the United Kingdom;

(h)records of naval courts held whether within or outside the United Kingdom under the enactments relating to merchant shipping;

(i)records of any court exercising jurisdiction held by Her Majesty within a country outside Her dominions;

(j)records of any tribunal (by whatever name called)—

(i)which has jurisdiction connected with any functions of a department of Her Majesty’s Government in the United Kingdom; or

(ii)which has jurisdiction in proceedings to which such a government department is a party or to hear appeals from decisions of such a government department;

[F175(ja)records of the Upper Tribunal;]

(k)records of F176. . . any Rent Tribunal or Local Valuation Court;

(l)records of the Industrial Court, of the Industrial Disputes Tribunal, and of the National Arbitration Tribunal (which was replaced by the Industrial Disputes Tribunal);

(m)records of umpires and deputy-umpires appointed under the M3National Service Act 1948, or the M4Reinstatement in Civil Employment Act 1944;

(n)records of ecclesiastical courts when exercising the testamentary and matrimonial jurisdiction removed from them by the M5Court of Probate Act 1857, and the M6Matrimonial Causes Act 1857, respectively;

[F177(nn)records of the Information Tribunal;]

(o)records of such other courts or tribunals (by whatever name called) as the Lord Chancellor may by order contained in a statutory instrument specify.

[F178(1A)Records of, or held in any department of, the Supreme Court within sub-paragraph (1)(a) of this paragraph include the records of the Chancery Court of the county palatine of Lancaster and the Chancery Court of the county palatine of Durham (which were abolished by the Courts Act 1971).

(1B)Records of county courts within sub-paragraph (1)(b) of this paragraph include the records of the following courts (which were abolished by the Courts Act 1971)—

(a)the Tolzey and Pie Poudre Courts of the City and County of Bristol;

(b)the Liverpool Court of Passage;

(c)the Norwich Guildhall Court; and

(d)the Court of Record for the Hundred of Salford.]

(2)This paragraph shall not apply to any court or tribunal whose jurisdiction extends only to Scotland or Northern Ireland.

(3)In this paragraph “records” includes records of any proceedings in the court or tribunal in question and includes rolls, writs, books, decrees, bills, warrants and accounts of, or in the custody of, the court or tribunal in question.

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Amendments (Textual)

F174Sch. 1 para. 4(1)(fa) inserted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 43; S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4

Marginal Citations

Records of the Chancery of EnglandE+W+S+N.I.

5The records of the Chancery of England [F179, other than any which are Welsh public records (as defined in [F180the Government of Wales Act 2006]),] shall be public records for the purposes of this Act.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F180Words in Sch. 1 para. 5 substituted by Government of Wales Act 2006 (c. 32) , s. 160(1), {Sch. 10 para. 7(b)}, the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

Records in Public Record OfficeE+W+S+N.I.

6Without prejudice to the foregoing provisions of this Schedule, public records for the purposes of this Act shall include—E+W+S+N.I.

(a)all records within the meaning of the M7Public Record Office Act 1838, or to which that Act was applied, which at the commencement of this Act are in the custody of the Master of the Rolls in pursuance of that Act, and

(b)all records (within the meaning of the said Act or to which that Act was applied) which at the commencement of this Act are in the Public Record Office and, in pursuance of the said Act, under the charge and superintendence of the Master of the Rolls, and

(c)all records forming part of the same series as any series of documents falling under sub-paragraph (a) or sub-paragraph (b) of this paragraph [F181other than any which are Welsh public records (as defined in [F182the Government of Wales Act 2006])].

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F182Words in Sch. 1 para. 6 substituted by Government of Wales Act 2006 (c. 32) , s. 160(1), {Sch. 10 para. 7(c)}, the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

Marginal Citations

Power to add further categories of records and to determine cases of doubtE+W+S+N.I.

7(1)Without prejudice to the Lord Chancellor’s power of making orders under paragraph 4 of this Schedule, Her Majesty may by Order in Council direct that any description of records not falling within the foregoing provisions of this Schedule [F183and not being Welsh public records (as defined in [F184the Government of Wales Act 2006])] shall be treated as public records for the purposes of this Act but no recommendation shall be made to Her Majesty in Council to make an Order under this sub-paragraph unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament.E+W+S+N.I.

(2)A question whether any records or description of records are public records for the purposes of this Act shall be referred to and determined by the Lord Chancellor and the Lord Chancellor shall include his decisions on such questions in his annual report to Parliament and shall from time to time compile and publish lists of the departments, bodies, establishments, courts and tribunals comprised in paragraphs 2, 3 and 4 of this Schedule and lists describing more particularly the categories of records which are, or are not, public records as defined in this Schedule.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F184Words in Sch. 1 para. 7(1) substituted by Government of Wales Act 2006 (c. 32) , s. 160(1), {Sch. 10 para. 7(d)}, the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

InterpretationE+W+S+N.I.

8It is hereby declared that any description of government department, court, tribunal or other body or establishment in this Schedule by reference to which a class of public records is framed extends to a government department, court, tribunal or other body or establishment, as the case may be, which has ceased to exist, whether before or after the passing of this Act.E+W+S+N.I.

F185SECOND SCHEDULEE+W+S+N.I.

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Amendments (Textual)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F186THIRD SCHEDULEE+W+S+N.I.

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Amendments (Textual)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F187FOURTH SCHEDULEE+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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