SCHEDULES
C4C5 FIRST SCHEDULE Definition of Public Records
Sch. 1: power to amend conferred (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 84; S.I. 2011/2329, art. 3
1
The provisions of this Schedule shall have effect for determining what are public records for the purposes of this Act.
Departmental records
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,—
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).
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.
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).
C1PART I | |
|---|---|
BODIES AND ESTABLISHMENTS UNDER GOVERNMENT DEPARTMENTS | |
Responsible Government Department | |
F4Department for Environment, Food and Rural Affairs. | F167... Agricultural Wages Committees. F206The Animal Sentience Committee. Organisation known as the “National Farm Survey”. Official seed testing station for England and Wales. |
F205Department for Science, Innovation and Technology | Meteorological Office. |
F5... | F6... |
F7Department of Health | National Health Service Authorities F8including F159F201NHS EnglandF198, integrated care boards,F9Primary Care TrustsF10, 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). F195Commissioner for Patient Safety. F12Family Practitioner CommitteesF13for localities in England F14health service hospitals, within the meaning of the National Health Service Act 1977F15, 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, and records 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 M1 National 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 F19Regional, Area or District Health Authority or special health authority under section 21 or 22 of the said Act 1973F20, 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 F21records of trust property passing to F160F201NHS EnglandF199, an integrated care board, a F22Strategic Health Authority, Health Authority, Special Health Authority or Primary Care Trust by virtue of the Health Authorities Act 1995 F23, under section 213 of the National Health Service Act 2006 or section 161 of the National Health Service (Wales) Act 2006,F202... or held by F161F201NHS EnglandF199, an integrated care board orF24a Strategic Health Authority or a Health Authority under section 90 or 91 of F25the 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 F162by virtue of section 2 and section 13X of, or F200paragraph 23 of Schedule 1B to, that Act, or under paragraph 8 of Schedule 5 to the National Health Service (Wales) Act 2006. F26... |
Home Office | Office of Commissioner of Police of the Metropolis. Office of Receiver for the Metropolitan Police District. |
F27Department of Employment | National Dock Labour Board. National Institute of Houseworkers Limited. Wages Boards and Wages Councils. |
F28Department of Social Security | National Insurance Advisory Committee. Industrial Injuries Advisory Council. F29Attendance Allowance Board. National Insurance and Industrial Injuries Joint Authorities. Workmen’s Compensation Supplementation Board. Pneumoconiosis and Byssinosis Benefit Board. F30... F31... |
F32Department of Transport | Air Transport Advisory Council. Air Registration Board. F33Airworthiness Requirements Board, Civil Aviation Authority. F34Strategic Rail Authority. |
F35Ministry of Justice | F36Legal Aid Board F166... |
OTHER ESTABLISHMENTS AND ORGANISATIONS
F37...
F203Advanced Research and Invention Agency.
Anglo-Egyptian Resettlement Board.
F38Armouries
F189...
F39The Big Lottery Fund.
F40The Board of the Pension Protection Fund.
F41The Board of Trustees of the National Museums and Galleries on Merseyside.
F42British Coal Corporation
F43British Council.
British Museum (including the Natural History Museum).
F44Care Council for Wales.
F45The Care Quality Commission F158and the Healthwatch England committee.
Catering Wages Commission.
F46Central Police Training and Development Authority
F47Child Maintenance and Enforcement Commission.
F156...
F48Civil Nuclear Police Authority.
F49Coal Authority
Coal Industry Social Welfare Organisation.
F50Commission for Architecture and the Built Environment.
F51The Commission for Equality and Human Rights.
F52...
F53...
F54Commission on Industrial Relations
F55Commission for Patient and Public Involvement in Health.
F56Commission for Rural Communities.
F57...
F58The Committee on Climate Change.
F149 The company that was nominated under section 62 of the Postal Services Act 2000 (reorganisation of the Post Office: transfer of property etc to nominated company).
F170Competition and Markets Authority.
F174...
F59Competition Service
F145Compliance Officer for the Independent Parliamentary Standards Authority.
F60...
F61Consumer Council for Water.
F163...
F62...
F63Criminal Cases Review Commission
F64Crown 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.
F65Crown Agents Holding and Realisation Board.
F67...
F68A development agency established under section 1 of the Regional Development Agencies Act 1998.
Development Commission.
F186...
F69...
F189...
F70Electoral Commission.
F71...
F189...
F72...
F73The Environment Agency
F75Further Education Funding Council for England.
F76...
F168Gambling Commission.
F182Gangmasters and Labour Abuse Authority
F60...
F77General Social Care Council.
F155...
F78General Teaching Council for Wales.
F204...
F179Health Research Authority.
F208Health Services Safety Investigations Body (except for any record that is prohibited from being disclosed by section 122 of the Health and Care Act 2022).
F187...
F79...
F80Historic Buildings and Monuments Commission for England
F81The Homes and Communities Agency.
F82Human Tissue Authority.
Imperial War Museum.
F194Independent Monitoring Authority for the Citizens’ Rights Agreements.
F184Independent Office for Police Conduct.
F83The Independent Parliamentary Standards Authority.
F84Information Commissioner.
F85Infrastructure Planning Commission.
Irish Sailors’ and Soldiers’ Land Trust.
F144...
F86The Legal Services Board.
F87The Legal Services Consultative Panel.
F150...
F88Local Better Regulation Office.
F143Local Government Boundary Commission for England.
London Museum.
F89The Lord Chancellor’s Advisory Committee on Legal Education and Conduct
F90...
F137The Marine Management Organisation.
F92...
F193Money and Pensions Service.
F93...
F94National Audit Office
F52...
F190The National Citizen Service Trust.
F191The National Data Guardian for Health and Social Care.
F95...
F175...
National Gallery.
F92...
F169...
National Maritime Museum.
F72...
F171...
National Portrait Gallery.
National Savings Committee.
F96Natural England.
F189...
F97...
F92...
F98Nuclear Decommissioning Authority.
F99Occupational Pensions Regulatory Authority.
F147Office for Budget Responsibility.
F100Office of Communications.
F101...
F174...
F197The Office for Environmental Protection.
F140The Office of the Health Professions Adjudicator.
F102The Office for Legal Complaints.
F173Office for Nuclear Regulation
F183Office for Students.
F151...
F178...
F103Olympic Lottery Distributor.
F104The Ombudsman for the Board of the Pension Protection Fund.
F141Passengers’ Council.
F105Pensions Compensation Board.
F106Pensions Ombudsman.
F107The Pensions Regulator.
F165...
F108Police Information Technology Organisation
F148....
F148...
F149A Post Office company within the meaning of Part 1 of the Postal Services Act 2011.
F164The Professional Standards Authority for Health and Social Care
F153...
F109...
F110Rail Passengers’ Committees.
F142...
F177The Registrar of Consultant Lobbyists
F188The Regulator of Social Housing
Remploy Limited.
F111Royal Botanic Gardens, Kew
Royal Greenwich Observatory.
F149A Royal Mail company within the meaning of Part 1 of the Postal Services Act 2011.
F114Science Museum
F207Service Police Complaints Commissioner.
F115Security Industry Authority.
F172...
F116...
F117...
F118The Simpler Trade Procedures Board.
F192...
F157Social Mobility and Child Poverty Commission
F180A strategic highways company for the time being appointed under Part 1 of the Infrastructure Act 2015.
Tate Gallery.
F119...
F189...
F196Trade Remedies Authority.
F120Traffic Director for London
F152...
F121...
F146The trustee corporation established by section 75 of the Pensions Act 2008.
Trustee Savings Banks Inspection Committee.
United Kingdom Atomic Energy Authority.
F185United Kingdom Research and Innovation.
University Grants Committee.
F122Valuation Tribunal Service.
F123Victoria and Albert Museum
Wallace Collection.
War Works Commission.
F154...
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 F124....
F1253A
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—
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.
Records of courts and tribunals
4
1
Subject to the provisions of this paragraph, records of the following descriptions shall be public records for the purposes of this Act:—
F126za
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);
F176aa
records of the family court;
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;
F127c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
records of courts of quarter sessions:
e
records of magistrates’ courts;
f
records of coroners’ courts;
F128fa
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;
F138ja
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
k
records of F129. . . 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
n
F139nn
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F1301A
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.
Records of the Chancery of England
5
Records in Public Record Office
6
Without prejudice to the foregoing provisions of this Schedule, public records for the purposes of this Act shall include—
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
Power to add further categories of records and to determine cases of doubt
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 F135and not being Welsh public records (as defined in F136the 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.
C72
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 F181Secretary of State and the F181Secretary of State 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.
Interpretation
8
It 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.
Sch. 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)