Parliamentary Commissioner Act 1967

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.

[F12(1)Action 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 other than,U.K.

(a)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;

(b)action which is taken by an officer within a control zone or a supplementary control zone; or

(c)action which is taken by a British sea-fishery officer.

(2)In this paragraph—

(a)“control zone” has the meaning given collectively by Schedule 1 to the Channel Tunnel (International Arrangements) Order 1993, Schedule 1 to the Channel Tunnel (Miscellaneous Provisions) Order 1994 and regulation 2 of the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003;

(b)“supplementary control zone” has the meaning given by Schedule 1 to the Channel Tunnel (International Arrangements) Order 1993;

(c)“British sea-fishery officer” has the meaning given by section 7 of the Sea Fisheries Act 1968.]

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.

[F24U.K.Action taken by the Secretary of State under the Extradition Act 2003.]

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.

6U.K.The commencement or conduct of civil or criminal proceedings before any court of law in the United Kingdom, of [F3service law proceedings (as defined by section 324(5) of the Armed Forces Act 2006) (anywhere)] or the M1Air Force Act 1955, or of proceedings before any international court or tribunal.

[F46AU.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.]

[F56B(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.]

6CU.K.F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7U.K.Any 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 F7. . . the High Court of Justiciary or the [F8Court Martial Appeal Court].

8[F9(1)] Action taken on behalf of F10... the Secretary of State by [F11a local authority, [F12NHS England], [F13an integrated care board]] F14... F10[F15... F16..., [F17or] a Special Health Authority] F10....U.K.

[F18(2)For the purposes of this paragraph, action taken by [F19a local authority, [F12NHS England], [F20an integrated care board] or] F21... F22... , Special Health Authority F23... in the exercise of functions of the Secretary of State shall be regarded as action taken on his behalf.]

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[F24(1)]Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters, in relation to—U.K.

(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 [F25to 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.

[F26(1A)Sub-paragraph (1)(a) 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 the provision of any allowance, grant, supplement or benefit under—

(a)the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006 (S.I.2006/606); or

(b)the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (S.I. 2011/517).]

[F27(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 M2Overseas Development and Co-operation Act 1980 [F28or pursuant to the exercise of his powers under Part I of the International Development Act 2002] 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.]

[F29(3)Sub-paragraph (1)(c) does not apply to any action (not otherwise excluded from investigation by this Schedule) which is taken by the Treasury in connection with—

(a)the provision of information relating to the terms and conditions of any employment covered by an agreement entered into by the Treasury pursuant to the exercise of the Treasury’s powers under Part 1 of the International Development Act 2002, or

(b)the provision of any allowance, grant or supplement or any benefit (other than those relating to superannuation) arising from such an agreement.]

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

[F3012(1)Action not otherwise within this Schedule which is taken in the course of administrative functions exercised at the direction, or on the authority (whether express or implied), of a judge of any court established under the law of England and Wales or Northern Ireland.U.K.

(2)In this paragraph “judge” includes—

(a)a person appointed under section 89 of, and Part 2 or 3 of Schedule 2 to, the Supreme Court Act 1981, and

(b)a Master or District Judge appointed under section 70 of, and Schedule 3 to, the Judicature (Northern Ireland) Act 1978.]