SCHEDULES

Section 10.

FIRST SCHEDULEU.K. Definition of Public Records

1U.K.The provisions of this Schedule shall have effect for determining what are public records for the purposes of this Act.

Departmental recordsU.K.

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 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 [F1or

(e)to Welsh public records (as defined in the Government of Wales Act 1998).]

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).

PART II

OTHER ESTABLISHMENTS AND ORGANISATIONS

• [F35[F36Adult Learning Inspectorate]]

• Anglo-Egyptian Resettlement Board.

• [F37Armouries]

• [F38The Big Lottery Fund.]

• [F39The Board of the Pension Protection Fund.]

• [F40The Board of Trustees of the National Museums and Galleries on Merseyside.]

• [F41British Coal Corporation]

• [F42British Council.]

• British Museum (including the Natural History Museum).

• [F43Care Council for Wales.]

• [F44the Care Quality Commission.]

• Catering Wages Commission.

• [F45Central Police Training and Development Authority]

• [F46Child Maintenance and Enforcement Commission.]

• [F47Civil Nuclear Police Authority.]

• [F48Coal Authority]

• Coal Industry Social Welfare Organisation.

• [F49Commission for Architecture and the Built Environment.]

• [F50The Commission for Equality and Human Rights.]

• [F51[F52 Commission for Health Improvement.]]

• [F53Commission for Healthcare Audit and Inspection]

• [F54Commission on Industrial Relations]

• [F55Commission for Patient and Public Involvement in Health.]

• [F56Commission for Rural Communities.]

• [F57Commission for Social Care Inspection]

• [F58The Committee on Climate Change.]

• [F59Competition Commission.]

• [F60Competition Service]

• [F61[F62Consumer Council for Postal Services.]]

• [F63Consumer Council for Water.]

• [F64Council for the Regulation of Health Care Professionals.]

• [F65[F66Countryside Council for Wales]]

• [F67Criminal Cases Review Commission]

• [F68Crown 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.

• [F69Crown Agents Holding and Realisation Board.]

• [F70[F71Curriculum and Assessment Authority for Wales]]

• [F72[F73the Data Protection Commissioner]]

• [F74A development agency established under section 1 of the Regional Development Agencies Act 1998.]

• Development Commission.

• [F75Director of Fair Access to Higher Education]

• [F76[F77Disability Rights Commission.]]

• [F78Electoral Commission.]

• F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F80[F81English Nature.]]

• [F82The Environment Agency]

• [F83Funding Agency for Schools]

• [F84 Further Education Funding Council for England.]

• [F85[F84Further Education Funding Council for Wales.]]

• [F61[F86Gas and Electricity Consumer Council.]]

• [F87General Social Care Council.]

• [F88General Teaching Council for England.]

• [F89General Teaching Council for Wales.]

• [F84Higher Education Funding Council for England.]

• [F90[F84Higher Education Funding Council for Wales.]]

• [F91Historic Buildings and Monuments Commission for England]

• [F92The Homes and Communities Agency.]

• [F93Human Tissue Authority.]

• Imperial War Museum.

• [F94Information Commissioner.]

• Irish Sailors’ and Soldiers’ Land Trust.

• [F95Learning and Skills Council for England.]

• [F96The Legal Services Board.]

• [F97The Legal Services Consultative Panel.]

• [F98 The Legal Services Ombudsman]

• [F99Local Better Regulation Office.]

• London Museum.

• [F100The Lord Chancellor’s Advisory Committee on Legal Education and Conduct]

• F101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F102[F103Millennium Commission.]]

• [F104[F105Monopolies and Mergers Commission.]]

• [F106National Audit Office]

• [F51[F107National Care Standards Commission]]

• F108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F109The National Consumer Council.]

• National Gallery.

• [F102[F110National Lottery Charities Board.]]

• [F111National Lottery Commission.]

• National Maritime Museum.

• [F80[F112Countryside Agency]]

• [F113National Policing Improvement Agency.]

• National Portrait Gallery.

• National Savings Committee.

• [F114Natural England.]

• [F115[F116Nature Conservancy Council for England]]

• [F102[F117New Opportunities Fund.]]

• [F118Nuclear Decommissioning Authority.]

• [F119Occupational Pensions Regulatory Authority.]

• [F120Office of Communications.]

• [F121Office of [F122the Director General of Fair Trading.]]

• [F123Office of Fair Trading.]

• [F124Office for Tenants and Social Landlords.]

• [F125Olympic Delivery Authority.]

• [F126Olympic Lottery Distributor.]

• [F127The Ombudsman for the Board of the Pension Protection Fund.]

• [F128Pensions Compensation Board.]

• [F129Pensions Ombudsman.]

• [F130The Pensions Regulator.]

• [F131Personal Accounts Delivery Authority]

• [F132Police Information Technology Organisation]

• [F133Post Office].

• [F134Post Office company (within the meaning of Part IV of the Postal Services Act 2000).]

• [F135Qualifications and Curriculum Authority]

• [F136[F137Qualifications, Curriculum and Assessment Authority for Wales]]

• [F138Rail Passengers’ Committees.]

• [F139Rail Passengers’ Council.]

• Remploy Limited.

• [F140Royal Botanic Gardens, Kew]

• Royal Greenwich Observatory.

• [F141School Curriculum and Assessment Authority]

• [F142[F83Schools Funding Council for Wales]]

• [F143Science Museum]

• [F144Security Industry Authority.]

• [F145Serious Organised Crime Agency.]

• [F146[F147The Service Authority for the National Crime Squad.]]

• [F148[F149The Service Authority for the National Criminal Intelligence Service.]]

• [F150The Simpler Trade Procedures Board.]

• Tate Gallery.

• [F151[F152Teacher Training Agency]]

• [F153Technology Strategy Board.]

• [F154Traffic Director for London]

• [F155Training and Development Agency for Schools]

• F156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• Trustee Savings Banks Inspection Committee.

• United Kingdom Atomic Energy Authority.

• University Grants Committee.

• [F157Valuation Tribunal Service.]

• [F158Victoria 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 [F159or Wales].

[F1603A(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—U.K.

(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 tribunalsU.K.

4(1)Subject to the provisions of this paragraph, records of the following descriptions shall be public records for the purposes of this Act:—

(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 M3County Courts Act 1846;

F161(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)records of courts of quarter sessions:

(e)records of magistrates’ courts;

(f)records of coroners’ courts;

(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;

(k)records of the Lands Tribunal or of 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 M4National Service Act 1948, or the M5Reinstatement in Civil Employment Act 1944;

(n)records of ecclesiastical courts when exercising the testamentary and matrimonial jurisdiction removed from them by the M6Court of Probate Act 1857, and the M7Matrimonial Causes Act 1857, respectively;

[F162(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.

[F163(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.

Records of the Chancery of EnglandU.K.

5The records of the Chancery of England [F164, other than any which are Welsh public records (as defined in the Government of Wales Act 1998),] shall be public records for the purposes of this Act.

Records in Public Record OfficeU.K.

6Without 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 M8Public 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 [F165other than any which are Welsh public records (as defined in the Government of Wales Act 1998)].

Power to add further categories of records and to determine cases of doubtU.K.

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 [F166and not being Welsh public records (as defined in the Government of Wales Act 1998)] 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.

(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.

InterpretationU.K.

8U.K.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.

Section 5.

SECOND SCHEDULEU.K. Enactments prohibiting disclosure of information obtained from the public

F179THIRD SCHEDULEU.K.

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F180FOURTH SCHEDULEU.K.

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