The Parliamentary Commissioner for AdministrationU.K.

1 Appointment and tenure of office.U.K.

(1)For the purpose of conducting investigations in accordance with the following provisions of this Act there shall be appointed a Commissioner, to be known as the Parliamentary Commissioner for Administration.

(2)Her Majesty may by Letters Patent from time to time appoint a person to be the Commissioner, and any person so appointed shall (subject to [F1Subsections (3) and (3A)] of this section) hold office during good behaviour.

(3)A person appointed to be the Commissioner may be relieved of office by Her Majesty at his own request, or may be removed from office by Her Majesty in consequence of Addresses from both Houses of Parliament, and shall in any case vacate office on completing the year of service in which he attains the age of sixty-five years.

[F2(3A)Her Majesty may declare the office of Commissioner to have been vacated if satisfied that the person appointed to be the Commissioner is incapable for medical reasons—

(a)of performing the duties of his office; and

(b)of requesting to be relieved of it.]

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

2 Salary and pension.U.K.

[F5(1)There shall be paid to the holder of the office of Commissioner the same salary as if he were employed in the civil service of the State in such appointment as the House of Commons may by resolution from time to time determine; and a resolution under this subsection may take effect from the date on which it is passed or from such other date as may be specified in the resolution.

(2)In relation to any time before the first resolution under subsection (1) above takes effect, the salary payable to the holder of the office of Commissioner shall be the same salary as if he were employed in the civil service of the State as a Permanent Secretary.]

(3)The provisions of Schedule 1 to this Act shall have effect with respect to the pensions and other benefits to be paid to or in respect of persons who have held office as Commissioner.

(4)The salary payable to a holder of the office of Commissioner shall be abated by the amount of any pension payable to him in respect of any public office in the United Kingdom or elsewhere to which he had previously been appointed or elected; . . . F6

[F7(4A)In computing the salary of a former holder of the office of Commissioner for the purposes of the said Schedule 1—

(a)any abatement of that salary under subsection (4) above,

(b)any temporary abatement of that salary in the national interest, and

(c)any voluntary surrender of that salary in whole or in part,

shall be disregarded.]

(5)Any salary, pension or other benefit payable by virtue of this section shall be charged on and issued out of the Consolidated Fund.

3 Administrative provisions.U.K.

(1)The Commissioner may appoint such officers as he may determine with the approval of the Treasury as to numbers and conditions of service.

(2)Any function of the Commissioner under this Act may be performed by any officer of the Commissioner authorised for that purpose by the Commissioner [F8or may be performed by any officer so authorised—

(a)of the Health Service Commissioner for England;

(b)of the Health Service Commissioner for Scotland; or

(c)of the Health Service Commissioner for Wales].

(3)The expenses of the Commissioner under this Act, to such amount as may be sanctioned by the Treasury, shall be defrayed out of moneys provided by Parliament.

[F93A Appointment of acting Commissioner.U.K.

(1)Where the office of Commissioner becomes vacant, Her Majesty may, pending the appointment of a new Commissioner, appoint a person under this section to act as the Commissioner at any time during the period of twelve months beginning with the date on which the vacancy arose.

(2)A person appointed under this section shall hold office during Her Majesty’s pleasure and, subject to that, shall hold office—

(a)until the appointment of a new Commissioner or the expiry of the period of twelve months beginning with the date on which the vacancy arose, whichever occurs first; and

(b)in other respects, in accordance with the terms and conditions of his appointment which shall be such as the Treasury may determine.

(3)A person appointed under this section shall, while he holds office, be treated for all purposes, except those of section 2 of this Act, as the Commissioner.

(4)Any salary, pension or other benefit payable by virtue of this section shall be charged on and issued out of the Consolidated Fund].

Investigation by the CommissionerU.K.

[F104 Departments etc. subject to investigation.U.K.

(1)Subject to the provisions of this section and to the notes contained in Schedule 2 to this Act, this Act applies to the government departments, corporations and unincorporated bodies listed in that Schedule; and references in this Act to an authority to which this Act applies are references to any such corporation or body.

(2)Her Majesty may by Order in Council amend Schedule 2 to this Act by the alteration of any entry or note, the removal of any entry or note or the insertion of any additional entry or note.

(3)An Order in Council may only insert an entry if—

(a)it relates—

(i)to a government department; or

(ii)to a corporation or body whose functions are exercised on behalf of the Crown; or

(b)it relates to a corporation or body—

(i)which is established by virtue of Her Majesty’s prerogative or by an Act of Parliament or an Order in Council or order made under an Act of Parliament or which is established in any other way by a Minister of the Crown in his capacity as a Minister or by a government department;

(ii)at least half of whose revenues derive directly from money provided by Parliament, a levy authorised by an enactment, a fee or charge of any other description so authorised or more than one of those sources; and

(iii)which is wholly or partly constituted by appointment made by Her Majesty or a Minister of the Crown or government department.

(4)No entry shall be made in respect of a corporation or body whose sole activity is, or whose main activities are, included among the activities specified in subsection (5) below.

(5)The activities mentioned in subsection (4) above are—

(a)the provision of education, or the provision of training otherwise than under the M1Industrial Training Act 1982;

(b)the development of curricula, the conduct of examinations or the validation of educational courses;

(c)the control of entry to any profession or the regulation of the conduct of members of any profession;

(d)the investigation of complaints by members of the public regarding the actions of any person or body, or the supervision or review of such investigations or of steps taken following them.

(6)No entry shall be made in respect of a corporation or body operating in an exclusively or predominantly commercial manner or a corporation carrying on under national ownership an industry or undertaking or part of an industry or undertaking.

(7)Any statutory instrument made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8)In this Act—

(a)any reference to a government department to which this Act applies includes a reference to any of the Ministers or officers of such a department; and

(b)any reference to an authority to which this Act applies includes a reference to any members or officers of such an authority].

5 Matters subject to investigation.U.K.

(1)Subject to the provisions of this section, the Commissioner may investigate any action taken by or on behalf of a government department or other authority to which this Act applies, being action taken in the exercise of administrative functions of that department or authority, in any case where—

(a)a written complaint is duly made to a member of the House of Commons by a member of the public who claims to have sustained injustice in consequence of maladministration in connection with the action so taken; and

(b)the complaint is referred to the Commissioner, with the consent of the person who made it, by a member of that House with a request to conduct an investigation thereon.

(2)Except as hereinafter provided, the Commissioner shall not conduct an investigation under this Act in respect of any of the following matters, that is to say—

(a)any action in respect of which the person aggrieved has or had a right of appeal, reference or review to or before a tribunal constituted by or under any enactment or by virtue of Her Majesty’s prerogative;

(b)any action in respect of which the person aggrieved has or had a remedy by way of proceedings in any court of law:

[F11(2A)Subsection (2)(a) of this section shall have effect in relation to the right of a person to make a complaint of unlawful discrimination under the Fair Employment and Treatment (Northern Ireland) Order 1998 as if it were such a right of appeal, reference or review as is mentioned in that subsection.]

(3)Without prejudice to subsection (2) of this section, the Commissioner shall not conduct an investigation under this Act in respect of any such action or matter as is described in Schedule 3 to this Act.

(4)Her Majesty may by Order in Council amend the said Schedule 3 so as to exclude from the provisions of that Schedule such actions or matters as may be described in the Order; and any statutory instrument made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)In determining whether to initiate, continue or discontinue an investigation under this Act, the Commissioner shall, subject to the foregoing provisions of this section, act in accordance with his own discretion; and any question whether a complaint is duly made under this Act shall be determined by the Commissioner.

[F12(6)For the purposes of this section, administrative functions exercisable by any person appointed by the Lord Chancellor as a member of the administrative staff of any court or tribunal shall be taken to be administrative functions of the Lord Chancellor’s Department or, in Northern Ireland, of the Northern Ireland Court Service.]

[F13(7)For the purposes of this section, administrative functions exercisable by any person appointed as a member of the administrative staff of a relevant tribunal—

(a)by a government department or authority to which this Act applies; or

(b)with the consent (whether as to remuneration and other terms and conditions of service or otherwise) of such a department or authority,

shall be taken to be administrative functions of that department or authority.

(8)In subsection (7) of this section, “relevant tribunal” means a tribunal listed in Schedule 4 to this Act.

(9)Her Majesty may by Order in Council amend the said Schedule 4 by the alteration or removal of any entry or the insertion of any additional entry; and any statutory instrument made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

6 Provisions relating to complaints.U.K.

(1)A complaint under this Act may be made by any individual, or by any body of persons whether incorporated or not, not being—

(a)a local authority or other authority or body constituted for purposes of the public service or of local government or for the purposes of carrying on under national ownership any industry or undertaking or part of an industry or undertaking;

(b)any other authority or body whose members are appointed by Her Majesty or any Minister of the Crown or government department, or whose revenues consist wholly or mainly of moneys provided by Parliament.

(2)Where the person by whom a complaint might have been made under the foregoing provisions of this Act has died or is for any reason unable to act for himself, the complaint may be made by his personal representative or by a member of his family or other individual suitable to represent him; but except as aforesaid a complaint shall not be entertained under this Act unless made by the person aggrieved himself.

(3)A complaint shall not be entertained under this Act unless it is made to a member of the House of Commons not later than twelve months from the day on which the person aggrieved first had notice of the matters alleged in the complaint; but the Commissioner may conduct an investigation pursuant to a complaint not made within that period if he considers that there are special circumstances which make it proper to do so.

(4)[F14Except as provided in subsection (5) below] A complaint shall not be entertained under this Act unless the person aggrieved is resident in the United Kingdom (or, if he is dead, was so resident at the time of his death) or the complaint relates to action taken in relation to him while he was present in the United Kingdom or on an installation in a designated area within the meaning of the M2Continental Shelf Act 1964 or on a ship registered in the United Kingdom or an aircraft so registered, or in relation to rights or obligations which accrued or arose in the United Kingdom or on such an installation, ship or aircraft.

[F15(5)A complaint may be entertained under this Act in circumstances not falling within subsection (4) above where—

(a)the complaint relates to action taken in any country or territory outside the United Kingdom 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; and

(b)the person aggrieved is a citizen of the United Kingdom and Colonies who, under section 2 of the M3Immigration Act 1971, has the right of abode in the United Kingdom.]

7 Procedure in respect of investigations. U.K.

(1)Where the Commissioner proposes to conduct an investigation pursuant to a complaint under this Act, he shall afford to the principal officer of the department or authority concerned, and to any other person who is alleged in the complaint to have taken or authorised the action complained of, an opportunity to comment on any allegations contained in the complaint.

(2)Every such investigation shall be conducted in private, but except as aforesaid the procedure for conducting an investigation shall be such as the Commissioner considers appropriate in the circumstances of the case; and without prejudice to the generality of the foregoing provision the Commissioner may obtain information from such persons and in such manner, and make such inquiries, as he thinks fit, and may determine whether any person may be represented, by counsel or solicitor or otherwise, in the investigation.

(3)The Commissioner may, if he thinks fit, pay to the person by whom the complaint was made and to any other person who attends or furnishes information for the purposes of an investigation under this Act—

(a)sums in respect of expenses properly incurred by them;

(b)allowances by way of compensation for the loss of their time,

in accordance with such scales and subject to such conditions as may be determined by the Treasury.

(4)The conduct of an investigation under this Act shall not affect any action taken by the department or authority concerned, or any power or duty of that department or authority to take further action with respect to any matters subject to the investigation; but where the person aggrieved has been removed from the United Kingdom under any Order in force under the M4Aliens Restriction Acts 1914 M5and 1919 or under [F16the M6Immigration Act 1971], he shall, if the Commissioner so directs, be permitted to re-enter and remain in the United Kingdom, subject to such conditions as the Secretary of State may direct, for the purposes of the investigation.

8 Evidence. U.K.

(1)For the purposes of an investigation under this Act the Commissioner may require any Minister, officer or member of the department or authority concerned or any other person who in his opinion is able to furnish information or produce documents relevant to the investigation to furnish any such information or produce any such document.

(2)For the purposes of any such investigation the Commissioner shall have the same powers as the Court in respect of the attendance and examination of witnesses (including the administration of oaths or affirmations and the examination of witnesses abroad) and in respect of the production of documents.

(3)No obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to persons in Her Majesty’s service, whether imposed by any enactment or by any rule of law, shall apply to the disclosure of information for the purposes of an investigation under this Act; and the Crown shall not be entitled in relation to any such investigation to any such privilege in respect of the production of documents or the giving of evidence as is allowed by law in legal proceedings.

(4)No person shall be required or authorised by virtue of this Act to furnish any information or answer any question relating to proceedings of the Cabinet or of any committee of the Cabinet or to produce so much of any document as relates to such proceedings; and for the purposes of this subsection a certificate issued by the Secretary of the Cabinet with the approval of the Prime Minister and certifying that any information, question, document or part of a document so relates shall be conclusive.

(5)Subject to subsection (3) of this section, no person shall be compelled for the purposes of an investigation under this Act to give any evidence or produce any document which he could not be compelled to give or produce in [F17civil] proceedings before the Court.

9 Obstruction and contempt. U.K.

(1)If any person without lawful excuse obstructs the Commissioner or any officer of the Commissioner in the performance of his functions under this Act, or is guilty of any act or omission in relation to an investigation under this Act which, if that investigation were a proceeding in the Court, would constitute contempt of court, the Commissioner may certify the offence to the Court.

(2)Where an offence is certified under this section, the Court may inquire into the matter and, after hearing any witnesses who may be produced against or on behalf of the person charged with the offence, and after hearing any statement that may be offered in defence, deal with him in any manner in which the Court could deal with him if he had committed the like offence in relation to the Court.

(3)Nothing in this section shall be construed as applying to the taking of any such action as is mentioned in subsection (4) of section 7 of this Act.

10 Reports by Commissioner.U.K.

(1)In any case where the Commissioner conducts an investigation under this Act or decides not to conduct such an investigation, he shall send to the member of the House of Commons by whom the request for investigation was made (or if he is no longer a member of that House, to such member of that House as the Commissioner thinks appropriate) a report of the results of the investigation or, as the case may be, a statement of his reasons for not conducting an investigation.

(2)In any case where the Commissioner conducts an investigation under this Act, he shall also send a report of the results of the investigation to the principal officer of the department or authority concerned and to any other person who is alleged in the relevant complaint to have taken or authorised the action complained of.

(3)If, after conducting an investigation under this Act, it appears to the Commissioner that injustice has been caused to the person aggrieved in consequence of maladministration and that the injustice has not been, or will not be, remedied, he may, if he thinks fit, lay before each House of Parliament a special report upon the case.

(4)The Commissioner shall annually lay before each House of Parliament a general report on the performance of his functions under this Act and may from time to time lay before each House of Parliament such other reports with respect to those functions as he thinks fit.

(5)For the purposes of the law of defamation, any such publication as is hereinafter mentioned shall be absolutely privileged, that is to say—

(a)the publication of any matter by the Commissioner in making a report to either House of Parliament for the purposes of this Act;

(b)the publication of any matter by a member of the House of Commons in communicating with the Commissioner or his officers for those purposes or by the Commissioner or his officers in communicating with such a member for those purposes;

(c)the publication by such a member to the person by whom a complaint was made under this Act of a report or statement sent to the member in respect of the complaint in pursuance of subsection (1) of this section;

(d)the publication by the Commissioner to such a person as is mentioned in subsection (2) of this section of a report sent to that person in pursuance of that subsection.

11 Provision for secrecy of information. U.K.

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

(2)Information obtained by the Commissioner or his officers in the course of or for the purposes of an investigation under this Act shall not be disclosed except—

(a)for the purposes of the investigation and of any report to be made thereon under this Act;

(b)for the purposes of any proceedings for an offence under [F19the Official Secrets Acts 1911 to 1989] alleged to have been committed in respect of information obtained by the Commissioner or any of his officers by virtue of this Act or for an offence of perjury alleged to have been committed in the course of an investigation under this Act or for the purposes of an inquiry with a view to the taking of such proceedings; or

(c)for the purposes of any proceedings under section 9 of this Act;

and the Commissioner and his officers shall not be called upon to give evidence in any proceedings (other than such proceedings as aforesaid) of matters coming to his or their knowledge in the course of an investigation under this Act.

[F20(2A)Where the Commissioner also holds office as [F21Welsh Administration Ombudsman or] a Health Service Commissioner and a person initiates a complaint to him in his capacity as [F22Welsh Administration Ombudsman or a Health Service Commissioner] which relates partly to a matter with respect to which that person has previously initiated a complaint under this Act, or subsequently initiates such a complaint, information obtained by the Commissioner or his officers in the course of or for the purposes of investigating the complaint under this Act may be disclosed for the purposes of his carrying out his functions in relation to the other complaint.]

(3)A Minister of the Crown may give notice in writing to the Commissioner, with respect to any document or information specified in the notice, or any class of documents or information so specified, that in the opinion of the Minister the disclosure of that document or information, or of documents or information of that class, would be prejudicial to the safety of the State or otherwise contrary to the public interest; and where such a notice is given nothing in this Act shall be construed as authorising or requiring the Commissioner or any officer of the Commissioner to communicate to any person or for any purpose any document or information specified in the notice, or any document or information of a class so specified.

(4)The references in this section to a Minister of the Crown include references to the Commissioners of Customs and Excise and the Commissioners of Inland Revenue.

[F2311A Consultations between Parliamentary Commissioner and Health Service Commissioners.U.K.

(1)Where, at any stage in the course of conducting an investigation under this Act, the Commissioner forms the opinion that the complaint relates partly to a matter within the jurisdiction of the Health Service Commissioner for England, Wales or Scotland, he shall—

(a)unless he also holds office as that Commissioner, consult about the complaint with him; and

(b)if he considers it necessary, inform the person initiating the complaint under this Act of the steps necessary to initiate a complaint under [F24the Health Service Commissioners Act 1993.]

(2)Where by virtue of subsection (1) above the Commissioner consults with the Health Service Commissioner in relation to a complaint under this Act, he may consult him about any matter relating to the complaint, including—

(a)the conduct of any investigation into the complaint; and

(b)the form, content and publication of any report of the results of such an investigation.

(3)Nothing in section 11(2) of this Act shall apply in relation to the disclosure of information by the Commissioner or any of his officers in the course of consultations held in accordance with this section].

[F2711B The Criminal Injuries Compensation Scheme.U.K.

(1)For the purposes of this Act, administrative functions exercisable by an administrator of the Criminal Injuries Compensation Scheme (“Scheme functions”) shall be taken to be administrative functions of a government department to which this Act applies.

(2)For the purposes of this section, the following are administrators of the Scheme—

(a)a claims officer appointed under section 3(4)(b) of the Criminal Injuries Compensation Act 1995;

(b)a person appointed under section 5(3)(c) of that Act;

(c)the Scheme manager, as defined by section 1(4) of that Act, and any person assigned by him to exercise functions in relation to the Scheme.

(3)The principal officer in relation to any complaint made in respect of any action taken in respect of Scheme functions is—

(a)in the case of action taken by a claims officer, such person as may from time to time be designated by the Secretary of State for the purposes of this paragraph;

(b)in the case of action taken by a person appointed under section 5(3)(c) of the Act of 1995, the chairman appointed by the Secretary of State under section 5(3)(b) of that Act; or

(c)in the case of action taken by the Scheme manager or by any other person mentioned in subsection (2)(c) of this section, the Scheme manager.

(4)The conduct of an investigation under this Act in respect of any action taken in respect of Scheme functions shall not affect—

(a)any action so taken; or

(b)any power or duty of any person to take further action with respect to any matters subject to investigation.]

SupplementalU.K.

12 Interpretation.U.K.

(1)In this Act the following expressions have the meanings hereby respectively assigned to them, that is to say—

• “action” includes failure to act, and other expressions connoting action shall be construed accordingly;

• “the Commissioner” means the Parliamentary Commissioner for Administration;

• “the Court” means, in relation to England and Wales the High Court, in relation to Scotland the Court of Session, and in relation to Northern Ireland the High Court of Northern Ireland;

• “enactment” includes an enactment of the Parliament of Northern Ireland, and any instrument made by virtue of an enactment;

• “officer” includes employee;

• “person aggrieved” means the person who claims or is alleged to have sustained such injustice as is mentioned in section 5(1)(a) of this Act;

• “tribunal” includes the person constituting a tribunal consisting of one person.

(2)References in this Act to any enactment are references to that enactment as amended or extended by or under any other enactment.

(3)It is hereby declared that nothing in this Act authorises or requires the Commissioner to question the merits of a decision taken without maladministration by a government department or other authority in the exercise of a discretion vested in that department or authority.

13 Application to Northern Ireland. U.K.

(1)Subject to the provisions of this section, this Act extends to Northern Ireland.

(2)Nothing in this section shall be construed as authorising the inclusion among the departments and authorities to which this Act applies of any department of the Government of Northern Ireland, or any authority [F28or body] established by or with the authority of the Parliament of Northern Ireland; but this Act shall apply to any such department [F29authority or body], in relation to any action taken by them as agent for a department or authority to which this Act applies, as it applies to the last-mentioned department or authority.

(3)In section 6 of this Act the references to a Minister of the Crown or government department and to Parliament shall include references to a Minister or department of the Government of Northern Ireland and to the Parliament of Northern Ireland.

(4)In section 8 of this Act the references to the Cabinet shall include references to the [F30Northern Ireland Executive] and in relation to [F30that Executive] for the reference to the Prime Minister there shall be substituted a reference to the Prime Minister of Northern Ireland.

14 Short title and commencement.U.K.

(1)This Act may be cited as the Parliamentary Commissioner Act 1967.

(2)This Act shall come into force on such date as Her Majesty may by Order in Council appoint.

(3)A complaint under this Act may be made in respect of matters [F31whenever arising]; and for the purposes of subsection (3) of section 6 of this Act any time elapsing between the date of the passing and the date of the commencement of this Act (but not any time before the first of those dates) shall be disregarded.

SCHEDULES

Section 2.

[F32SCHEDULE 1U.K. Pensions and other benefits

Persons taking office after the appointed dayU.K.

1U.K.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 dayU.K.

2(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—U.K.

(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 schemeU.K.

3U.K.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 schemeU.K.

4(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—U.K.

(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 schemeU.K.

5U.K.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 schemeU.K.

6U.K.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, electionU.K.

7U.K.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.

RegulationsU.K.

8(1)The Treasury may make regulations for purposes supplementary to the other provisions of this Schedule.U.K.

(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 FundU.K.

9U.K.Any pension or other benefit granted by virtue of this Schedule shall be charged on, and issued out of, the Consolidated Fund.

InterpretationU.K.

10U.K.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)

  [F33section 1 of the Pension Schemes Act 1993], or

  (b)

  [F34section 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;

• “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.]

[F35X1F36SCHEDULE 2U.K. Departments Etc. Subject to Investigation]

• [F37X2Accounts Commission for Scotland]

• [F38Advisory Board on Family Law]

• [F38Advisory Committee on Novel Foods and Processes]

• Advisory, Conciliation and Arbitration Service.

• [F38Advisory Council on Public Records]

• [F38Agricultural Dwelling House Advisory Committees]

• [F39Agricultural Wages Board for England and Wales]

• Agricultural wages committees.

• [F40Ministry of Agriculture, Fisheries and Food]

• [F39Alcohol Education and Research Council]

• [F38Apple and Pear Research Council]

• [F41Arts Council of England]

• [F42Arts Council of Wales (Cyngor Celfyddydau Cymru)]

• Arts Council of Great Britain.

• [F43Scottish Arts Council]

• [F44Director of the Assets Recovery Agency.]

• [F38Authorised Conveyancing Practitioners Board]

• [F38Boundary Commission for Northern Ireland]

• [F39Britain-Russia Centre and the British East-West Centre]

• [F39British Association for Central and Eastern Europe]

• British Council.

• [F38British Educational Communications and Technology Agency]

• [F38British Hallmaking Council]

• British Library Board.

• [F38British Museum]

• [F38British Potato Council]

• [F38British Tourist Authority]

• [F38Broadcasting Standards Commission]

• [F45Building Societies Commission.]

• [F39Cabinet Office]

• Central Police Training and Development Authority

• [F46F38Central Rail Users’ Consultative Committee]

• Certification Officer.

• [F47F48Central Statistical Office of the Chancellor of the Exchequer]

• Charity Commission.

• [F47Children and Family Court Advisory and Support Service.]

• [F38Civil Aviation Authority]

• [F38Civil Justice Council]

• [F49Office of the Minister for the Civil Service]

• Civil Service Commission.

• [F38Clinical Standards Advisory Group]

• [F50Commission for Health Improvement]

• [F51The Commission for Patient and Public Involvement in Health.]

• [F52Commissioner for Protection Against Unlawful Industrial Action]

• [F38Commissioner for the Rights of Trade Union Members]

• [F38Committee for Monitoring Agreements on Tobacco Advertising and Sponsorship]

• [F38Committee of Investigation for Great Britain]

• [F38Committee on Standards in Public Life]

• [F53Commonwealth Institute]

• [F38Commonwealth Scholarship Commission in the United Kingdom]

• [F38Community Development Foundation]

• [F39Competition Commission]

• [F38Consumer Panel]

• [F38Consumers’ Committee for Great Britain under the Agricultural Marketing Act 1958]

• [F54Coal Authority.]

• Co-operative Development Agency.

• [F55Countryside Agency]

• [F56Countryside Commission for Scotland]

• [F57Countryside Council for Wales.]

• Crafts Council.

• [F58Crofters Commission]

• Crown Estate Office.

• [F59Department for Culture, Media, and Sport.]

• Customs and Excise.

• [F60[F61Data Protection Commissioner]]

• [F62Deer Commission for Scotland]

• Ministry of Defence.

• [F38Design Council]

• Development Commission.

• [F63 Disability Rights Commission]

• [F64United Kingdom Ecolabelling Board]

• [F65The Department for Education and Employment.]

• [F38Docklands Light Railway]

• [F66Education Assets Board.]

• [F67Department for Education]

• [F68 Department for Education and Skills]

• Central Bureau for Educational Visits and Exchanges.

• [F69Electoral Commission.]

• [F70F38East Midlands Region Electricity Consumers’ Committee]

• [F70F38Eastern Region Electricity Consumers’ Committee]

• [F70[F71Office of the Director General of Electricity Supply.]]

• [F72Department of Employment]

• [F73Department of Energy]

• [F74Department of the Environment]

• [F75 Department for Environment, Food and Rural Affairs]

• [F76Department for Transport]

• [F77Department for Work and Pensions]

• [F78English National Board for Nursing, Midwifery and Health Visiting]

• [F79English Nature]

• [F80[F81The Department of the Environment, Transport and the Regions.]]

• [F82Environment Agency]

• [F82Scottish Environment Protection Agency]

• Equal Opportunities Commission.

• Export Credits Guarantee Department.

• [F83Office of the Director General of Fair Trading.]

• British Film Institute.

• [F38Fleet Air Arm Museum]

• [F38Food Advisory Committee]

• [F38Food from Britain]

• [F84Food Standards Agency]

• [F38Football Licensing Authority]

• Foreign and Commonwealth Office.

• Forestry Commission.

• [F45[F85Friendly Societies Commission]]

• [F45Registry of Friendly Societies.]

• [F38Further Education Funding Council for England]

• [F39Gaming Board for Great Britain]

• [F70[F38Gas Consumers’ Council.]]

• [F86Gas and Electricity Consumer Council.]

• [F86Gas and Electricity Markets Authority.]

• [F70Office of the Director General of Gas Supply.]

• [F38Geffrye Museum]

• [F38Gene Therapy Advisory Committee]

• [F87General Social Care Council.]

• [F37General Teaching Council for Scotland]

• [F88Department of Health.]

• Health and Safety Commission.

• Health and Safety Executive.

• . . . F89

• [F90Highlands and Islands Development Board]

• [F38Higher Education Funding Council for England]

• Historic Buildings and Monuments Commission for England.

• [F38Historic Royal Palaces]

• [F38Home-Grown Cereals Authority]

• Home Office.

• [F38Horniman Museum and Gardens]

• Horserace Betting Levy Board.

• [F38Horticultural Development Council]

• Housing Corporation.

• [F91Housing for Wales]

• [F92Human Fertilisation and Embryology Authority.]

• [F93The Immigration Services Commissioner]

• [F38Imperial War Museum]

• Central Office of Information.

• [F94Information Commissioner.]

• Inland Revenue.

• [F95Department for International Developement.]

• [F96 Intervention Board for Agricultural Produce.]

• [F38Investors in People UK]

• [F38Joint Nature Conservation Committee]

• Land Registry.

• [F97Legal Aid Board]

• [F98Scottish Legal Aid Board.]

• [F99Legal Services Commission]

• [F100The 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.

• [F37Local Government Boundary Commission for Scotland]

• [F101Local Government Commission for England.]

• [F70[F38London Region Electricity Consumers’ Committee]]

• [F38London Regional Passengers’ Committee]

• [F38Lord Chancellor’s Advisory Committee on Legal Education and Conduct]

• The Lord Chancellor’s Department.

• Lord President of the Council’s Office.

• . . . F102

• . . . F103

• [F38Marshall Aid Commemoration Commission]

• [F38Meat and Livestock Commission]

• [F104Medical Practices Committee.]

• [F105Scottish Medical Practices Committee.]

• [F38Medical Workforce Standing Advisory Committee]

• [F70[F38Merseyside and North Wales Region Electricity Consumers’ Committee]]

• [F70[F38Midlands Region Electricity Consumers’ Committee]]

• [F38Milk Development Council]

• [F38Millennium Commission]

• [F106Monopolies and Mergers Commission]

• Museums and Galleries Commission.

• [F38Museum of London]

• [F38Museum of Science and Industry in Manchester]

• [F38National Army Museum]

• [F38National Biological Standards Board (UK)]

• [F107National Care Standards Commission.]

• [F38National Consumer Council]

• National Debt Office.

• [F38National Employers’ Liaison Committee]

• [F38National Endowment for Science, Technology and the Arts]

• [F38National Film and Television School]

• [F38National Forest Company]

• [F37National Galleries of Scotland]

• [F38National Gallery]

• [F37National Library of Scotland]

• [F37National Museums of Scotland]

• [F108National Rivers Authority]

• [F109Department of National Heritage.]

• Trustees of the National Heritage Memorial Fund.

• [F110Office of the Director General of the National Lottery]

• [F111National Lottery Commission]

• [F38National Lottery Charities Board]

• Department for National Savings.

• [F112Scottish Natural Heritage.]

• [F38National Maritime Museum]

• [F38National Museum of Science and Industry]

• [F38National Museums and Galleries on Merseyside]

• [F38National Portrait Gallery]

• [F38National Radiological Protection Board]

• [F38Natural History Museum]

• Nature Conservancy Council.

• [F113[F114Nature Conservancy Council for England.]]

• [F115Nature Conservancy Council for Scotland]

• [F38New Millennium Experience Company Ltd]

• [F38New Opportunities Fund]

• Commission for the New Towns.

• Development corporations for new towns.

• [F70[F38North Eastern Region Electricity Consumers’ Committee]]

• [F70[F39North of Scotland Region Electricity Consumers’ Committee]]

• [F70[F38North Western Region Electricity Consumers’ Committee]]

• Northern Ireland Court Service.

• [F38Northern Ireland Human Rights Commission]

• Northern Ireland Office.

• [F116Northern Ireland Policing Board]

• [F41Occupational pensions Board]

• [F117The Occupational Pensions Regulatory Authority]

• [F118Office of the Commissioner for Protection Against Unlawful Industrial Action]

• [F38Oil and Pipelines Agency]

• [F38Parliamentary Boundary Commission for England]

• [F39Parliamentary Boundary Commission for Scotland]

• [F38Parliamentary Boundary Commission for Wales]

• [F38Parole Board]

• [F37Parole Board for Scotland]

• [F119The Pensions Compensation Board]

• Ordnance Survey.

• [F48Office of Population Censuses and Surveys]

• [F120Consumer Council for Postal Services]

• [F121Police Information Technology Organisation]

• [F122[F38Post Office Users’ Council for Northern Ireland]]

• [F122[F38Post Office Users’ Council for Scotland]]

• [F122[F38Post Office Users’ Council for Wales]]

• [F122[F38Post Office Users’ National Council]]

• [F123Postal Services Commission]

• [F38Probation Board for Northern Ireland]

• [F124Commissioner for Protection Against Unlawful Industrial Action]

• Registrar of Public Lending Right.

• Public Record Office.

• [F125 Office of Fair Trading]

• [F126Office of Public Service][F127and Science] .

• [F38Qualifications Curriculum Authority]

• [F128The International Rail Regulator.]

• [F46[F129The Director of Passenger Rail Franchising.]]

• [F130The Rail Regulator.]

• Scottish Record Office.

• Commission for Racial Equality.

• [F131Rail Passengers’ Committees.]

• [F131Rail Passengers’ Council.]

• [F46[F38Rail Users’ Consultative Committee for Eastern England]]

• [F46[F38Rail Users’ Consultative Committee for North Eastern England]]

• [F46[F38Rail Users’ Consultative Committee for North Western England]]

• [F46[F38Rail Users’ Consultative Committee for Scotland]]

• [F46[F38Rail Users’ Consultative Committee for Southern England]]

• [F46[F38Rail Users’ Consultative Committee for the Midlands]]

• [F46[F38Rail Users’ Consultative Committee for Wales]]

• [F46[F38Rail Users’ Consultative Committee for Western England]]

• [F38Remploy Ltd]

• [F132Red Deer Commission]

• [F105Department of the Registers of Scotland]

• [F105General Register Office, Scotland]

• [F133Agriculture and Food Research Council]

• [F41Biotechnology and Biological Sciences Research Council]

• [F41Council for the Central Laboratory of Research Councils]

• Economic and Social Research Council.

• [F41Engineering and Physical Sciences Research Council]

• Medical Research Council.

• Natural Environment Research Council.

• [F41Particle Physics and Astronomy Research Council]

• [F134Science and Engineering Research Council]

• [F135The International Rail Regulator]

• [F136Regional development agencies]

• [F137(other than the London Development Agency)]

• Residuary Bodies.

• [F38Reviewing Committee on the Export of Works of Art]

• [F138Office of the Commissioner for the Rights of Trade Union Members]

• [F38Royal Air Force Museum]

• [F38Royal Armouries Museum]

• [F37Royal Botanic Garden, Edinburgh]

• [F38Royal Botanic Gardens, Kew]

• [F38 Royal Commission on Historical Manuscripts]

• [F37Royal Commission on the Ancient and Historical Monuments of Scotland]

• [F38Royal Commission on the Historical Monuments of England]

• [F38Royal Marines Museum]

• Royal Mint.

• [F38Royal Naval Museum]

• [F38Royal Navy Submarine Museum]

• [F139Office of Her Majesty’s Chief Inspector of Schools in Wales.]

• [F38Scientific Committee on Tobacco and Health]

• [F37Scottish Agricultural Wages Board]

• [F37Scottish Children’s Reporter Administration]

• [F37Scottish Community Education Council]

• [F37Scottish Consultative Council on the Curriculum]

• [F37Scottish Council for Educational Technology]

• [F105Scottish Courts Administration.]

• [F140Scottish Environmental Protection Agency]

• [F37Scottish Further Education Funding Council]

• [F37Scottish Further Education Unit]

• [F37Scottish Higher Education Funding Council]

• [F141Scottish Homes.]

• Scottish Office.

• [F37Scottish Qualifications Authority]

• [F37Scottish Screen Ltd]

• [F37Scottish Studentship Selection Committee]

• [F37Scottish Water and Sewerage Customers’ Council]

• [F38Sea Fish Industry Authority]

• [F142Office of the Secretary of State for Scotland]

• [F143The Service Authority for the National Crime Squad.]

• [F143The Service Authority for the National Criminal Intelligence Service.]

• [F38Sir John Soane’s Museum]

• Council for Small Industries in Rural Areas.

• [F88Department of Social Security.]

• Central Council for Education and Training in Social Work.

• [F70[F38South Eastern Region Electricity Consumers’ Committee]]

• [F70[F38South of Scotland Region Electricity Consumers’ Committee]]

• [F70[F38South Wales Region Electricity Consumers’ Committee]]

• [F70[F38South Western Region Electricity Consumers’ Committee]]

• [F70[F38Southern Region Electricity Consumers’ Committee]]

• Sports Council.

• [F144English Sports Council]

• Scottish Sports Council.

• [F144United Kingdom Sports Council.]

• [F145Sports Council for Wales.]

• [F146The Staff Commission for Wales (Comisiwn Staff Cymru).]

• [F147Standards Board for England.]

• [F38Standing Dental Advisory Committee]

• [F38Standing Medical Advisory Committee]

• [F38Standing Nursing and Midwifery Advisory Committee]

• [F38Standing Pharmaceutical Advisory Committee]

• Stationery Office.

• [F148Strategic Rail Authority.]

• [F149 The Office for National Statistics.]

• [F38Tate Gallery]

• [F38Teacher Training Agency]

• Office of the Director General of Telecommunications.

• [F38The Great Britain-China Centre]

• [F38The Simpler Trade Procedures Board]

• English Tourist Board.

• [F105Scottish Tourist Board.]

• [F145Wales Tourist Board]

• Board of Trade.

• Department of Trade and Industry.

• Agricultural Training Board.

• Clothing and Allied Products Industry Training Board.

• Construction Industry Training Board.

• Engineering Industry Training Board.

• Hotel and Catering Industry Training Board.

• Plastics Processing Industry Training Board.

• Road Transport Industry Training Board.

• . . . F150

• [F151Traffic Director for London.]

• [F74Department of Transport, Local Government and the Regions]

• [F38Treasure Valuation Committee]

• Treasury.

• Treasury Solicitor.

• [F38United Kingdom Atomic Energy Authority]

• [F38United Kingdom Register of Organic Food Standards]

• [F38United Kingdom Xenotransplantation Interim Regulatory Authority]

• [F38Unrelated Live Transplant Regulatory Authority]

• Urban development corporations [F152established for urban development areas wholly in England].

• [F153Urban Regeneration Agency.]

• [F38Victoria and Albert Museum]

• [F154Development Board for Rural Wales]

• [F38Wallace Collection]

• [F38War Pensions Committees]

• [F155Office of the Director General of Water Services.]

• [F156Bwrdd yr Iaith Gymraeg (Welsh Language Board)]

• Welsh Office.

• [F38Westminster Foundation for Democracy]

• [F38Wine Standards Board of the Vintners’ Company]

• [F38Women’s National Commission]

• [F38Yorkshire Region Electricity Consumers’ Committee]

• [F157Youth Justice Board]

• [F39Youth Justice Board for England and Wales]

NOTESU.K.

1The reference to the Ministry of Defence includes the Defence Council, the Admiralty Board, the Army Board and the Air Force Board.

[F1591AThe 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 M7Water Resources Act 1991.]

2The reference to the Registry of Friendly Societies includes the Central Office, the Office of the Assistant Registrar of Friendly Societies for Scotland and the Office of the Chief Registrar and the Industrial Assurance Commissioner.

3In the case of the Corporation of the Trinity House of Deptford Strond an investigation under this Act may only be conducted in respect of action in connection with their functions as a general lighthouse authority.

4The reference to the Lord Chancellor’s Department includes the department of the Accountant General of the Supreme Court and the department of the Public Trustee (whether or not either office is held by the Permanent Secretary to the Lord Chancellor).

5The reference to the Lord President of the Council’s Office F161. . . does not include the Privy Council Office.

6The references to the [F162Office of Public Service F163. . .] and the Treasury do not include the Cabinet Office, but subject to that include the subordinate departments of the [F162Office of Public Service F163. . .] and of the Treasury and the office of any Minister whose expenses are defrayed out of moneys provided by Parliament for service of the [F162Office of Public Service F163. . .] or the Treasury.

7In the case of the Commission for the New Towns [F164or a development corporation for a new town], no investigation shall be conducted under this Act in respect of any action in connection with functions in relation to housing.

8The reference to the Treasury Solicitor does not include a reference to Her Majesty’s Procurator General.

[F1658AIn the case of Scottish Homes no investigation shall be conducted under this Act in respect of any of its actions as a landlord.]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F1669

9In the case of an urban development corporation no investigation under this Act shall be conducted in respect of any action in connection with functions in relation to town and country planning.

10In 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, only did so when it was a department or authority to which this Act applied.

[F16711In the case of the Urban Regeneration Agency no investigation under this Act shall be conducted in respect of any action in connection with functions in relation to town and country planning.]

SCHEDULE 3U.K. Matters not subject to investigation

1U.K.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.

2Action 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 [F169other than 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 . . . F170.]

3U.K.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.

4Action taken by the Secretary of State under the M8Extradition Act 1870 [F171, the Fugitive Offenders Act 1967 or the Extradition Act 1989].

5U.K.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.

6The commencement or conduct of civil or criminal proceedings before any court of law in the United Kingdom, of proceedings at any place under the M9Naval Discipline Act 1957, the M10Army Act 1955 or the M11Air Force Act 1955, or of proceedings before any international court or tribunal.

[F1726AU.K.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.]

[F1736B(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.U.K.

(2)In this paragraph, “relevant tribunal” has the meaning given by section 5(8) of this Act.]

[F1746CAction 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.]

7Any 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 F175. . . the High Court of Justiciary or the Courts-Martial Appeal Court.

8Action taken on behalf of the Minister of Health or the Secretary of State by a [F176Health Authority, a Special Health Authority][F177except the Rampton Hospital Review Board][F178 . . . F179 the Rampton Hospital Board], [F180the Broadmoor Hospital Board or the Moss Side and Park Lane Hospitals Board,]. . . a Health Board or the Common Services Agency for the Scottish Health Service [F181by the Dental Practice Board or the Scottish Dental Practice Board], or by the Public Health Laboratory Service Board.

9U.K.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.

10[F182(1)] 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 [F183to 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.

[F184(2)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 M12Overseas Development and Co-operation Act 1980 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.]

11U.K.The grant of honours, awards or privileges within the gift of the Crown, including the grant of Royal Charters.

[F186F187X3Schedule 4U.K. Relevant Tribunals for Purposes of Section 5(7)

• [F188Adjudicators appointed under article 7 (1) (b) of the Criminal Injuries Compensation (Northern Ireland) Order 2002 F189]

• [F190Agricultural Land Tribunals constituted under section 73 of the Agriculture Act 1947 F191.]

• [F190Central Arbitration Committee constituted under section 259 of the Trade Union and Labour Relations (Consolidation) Act 1992 F192.]

• [F193Appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998]

• [F190Commons Commissioners constituted under section 17 of the Commons Registration Act 1965 F194.]

• [F195Competition Appeal Tribunal constituted under section 12 of the Enterprise Act 2002.]

• [F190Copyright Tribunal constituted under section 145 of the Copyright Designs and Patents Act 1988 F196.]

• [F197[F198Court of the Lord Lyon provision for whose powers and constitution was made in the Lyon King of Arms Act 1592 F199 and the Lyon King of Arms Act 1867 F200.]]

• [F201Tribunals constituted in Great Britain under regulations made under section 4 of the M13Vaccine Damage Payments Act 1979.]

• [F190Dairy Produce Quota Tribunal for England and Wales constituted under regulation 6 of the Dairy Produce Quotas Regulations 1984 F202 and continued in existence under regulation 35 of, and Schedule 6 to, the Dairy Produce Quotas Regulations 1994 F203.]

• [F197[F198Dairy Produce Quota Tribunal for Scotland constituted under regulation 6 of the Dairy Produce Quotas Regulations 1984 F204 and continued in existence under regulation 35 of, and Schedule 6 to, the Dairy Produce Quotas Regulations 1994 F205.]]

• [F206Information Tribunal constituted under section 6 of the Data Protection Act 1998].

• [F201 Social security appeal tribunals constituted under section 41 of the M14Social Security Administration Act 1992.]

• [F201Disability appeal tribunals constituted under section 43 of that Act.]

• [F190Employment Appeal Tribunal established under section 87 of the Employment Protection Act 1975 F207 and continued in existence under section 135 of, and Schedule 11 to, the Employment Protection (Consolidation) Act 1978 F208.]

• [F209Financial Services and Markets Tribunal constituted under section 132 of the Financial Services and Markets Act 2000.]

• [F197[F210Financial Services Tribunal constituted under section 96 of the Financial Services Act 1986 F211.]]

• [F190Foreign Compensation Commission constituted under section 1 of the Foreign Compensation Act 1950 F212.]

• [F190Horserace Betting Levy Appeal Tribunal for England and Wales constituted under section 29 of the Betting, Gaming and Lotteries Act 1963 F213.]

• [F190The Appeal Tribunal established for Scotland under section 29 of the Betting, Gaming and Lotteries Act 1963 which is known as the Horserace Betting Levy Appeal Tribunal for Scotland F214.]

• [F190Independent Schools Tribunals for England and Wales constituted under section 72 of, and Schedule 6 to, the Education Act 1944 F215.]

• [F197[F198Independent Schools Tribunals for Scotland constituted under section 100 of, and Schedule 2 to, the Education (Scotland) Act 1980 F216.]]

• [F190[F217Employment Tribunals] (England and Wales) established under regulation 4 of the [F217Employment Tribunals] (Constitution and Rules of Procedure) Regulations 1993 F218.]

• [F190[F217Employment Tribunals] (Scotland) established under regulation 4 of the [F217Employment Tribunals] (Constitution and Rules of Procedure) (Scotland) Regulations 1993 F219.]

• [F190Insolvency Practitioners Tribunal referred to in section 396 of the Insolvency Act 1986 F220.]

• [F197[F198Lands Tribunal for Scotland constituted under section 1 of the Lands Tribunal Act 1949 F221.]]]

• [F190Meat 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 1995 F222, regulation 6(2) of, and Schedule 21 to, the Fresh Meat (Hygiene and Inspection) Regulations 1995 F223 and regulation 5(2) of, and Schedule 12 to, the Wild Game Meat (Hygiene and Inspection) Regulations 1995 F224[F225other than a Tribunal any of whose members was appointed by the Secretary of State for Scotland or by the Scottish Ministers].]

• [F226 Medical appeal tribunals constituted under section 50 of that Act.]

• [F190Misuse of Drugs Advisory Body constituted under section 16(1) of, and Part II of Schedule 3 to, the Misuse of Drugs Act 1971 F227.]

• [F190Misuse of Drugs Professional Panel constituted under section 16(1) of, and Part III of Schedule 3 to, the Misuse of Drugs Act 1971.]

• [F190Misuse of Drugs Tribunal constituted under section 16(1) of, and Part I of Schedule 3 to, the Misuse of Drugs Act 1971.]

• [F197[F228Pensions Appeal Tribunal for Scotland constituted under section 6 of, and the Schedule to, the Pensions Appeal Tribunals Act 1943 F229.]]

• [F190Pensions Ombudsman established under section 145 of the Pension Schemes Act 1993 F230.]

• [F190Persons hearing consumer credit licensing appeals appointed under regulation 19 of the Consumer Credit Licensing (Appeals) Regulations 1976 F231.]

• [F190Persons hearing estate agents’ appeals appointed under regulation 19 of the Estate Agents (Appeals) Regulations 1981 F232.]

• [F190Plant Varieties and Seeds Tribunal [F233(referred to in section 42 of the Plant Varieties Act 1997)].]

• [F190Reference Committees constituted under section 27 of the Forestry Act 1967 F234.]

• [F190Registered Homes Tribunals constituted under section 40 of the Registered Homes Act 1984 F235.]

• [F190Registered Inspectors of Schools Appeal Tribunals constituted under section 12 of, and Schedule 3 to, the Education (Schools) Act 1992 F236.]

• [F190Rent Assessment Committees constituted under section 65 of, and Schedule 10 to, the Rent Act 1977 F237 and also known as Leasehold Valuation Tribunals for the purpose of determinations pursuant to section 21(1), (2) and (3) of the Leasehold Reform Act 1967 F238 as amended by section 142 of, and Schedule 22 to, the Housing Act 1980 F239 and section 91 of the Leasehold Reform, Housing and Urban Development Act 1993 F240 and as rent tribunals for the purpose of references pursuant to the provisions in Part V of the Rent Act 1977 F241 as amended by section 72 of the Housing Act 1980 F242.]

• [F197[F198Rent Assessment Committees for Scotland constituted under section 44 of, and Schedule 4 to, the Rent (Scotland) Act 1984 F243.]]

• [F197[F198Scottish Land Court constituted under section 3 of the Small Landholders (Scotland) Act 1911 F244.]]

• [F245Special Educational Needs and Disability Tribunal]

• [F246Traffic Commissioners appointed under section 4 of the Public Passenger Vehicles Act 1981 F247]

• Tribunals of Appeal constituted under section 109 of the London Building Acts (Amendment) Act 1939.

• [F190Valuation Tribunals established under regulation 3 of the Valuation and Community Charge Tribunals Regulations 1989 F248 as amended by regulation 5 of the Valuation and Community Charge Tribunals (Amendment) Regulations 1993 F249.]