SCHEDULES

Section 2.

[F1SCHEDULE 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)

  [F2section 1 of the Pension Schemes Act 1993], or

  (b)

  [F3section 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.]

Section 4

[F4SCHEDULE 2U.K.DEPARTMENTS ETC. SUBJECT TO INVESTIGATION

• Administration of Radioactive Substances Advisory Committee.

• [F5Advanced Research and Invention Agency.]

• F6...

• Advisory Committee on Animal Feedingstuffs.

• F6...

• F6...

• Advisory Committee on Clinical Excellence Awards.

• Advisory Committee on Consumer Engagement.

• F6...

• F6...

• F7...

• F6...

• Advisory Committee on Microbiological Safety of Food.

• F6...

• Advisory Committee on Novel Foods and Processes.

• F8...

• Advisory Committee on Releases to the Environment.

• F6...

• Advisory, Conciliation and Arbitration Service.

• Advisory Council on Historical Manuscripts.

• F9...

• Advisory Council on the Misuse of Drugs.

• Advisory Council on National Records and Archives.

• Advisory Council on Public Records.

• F6...

• Advisory Group on Military Medicines.

• Advisory Panel on Public Sector Information.

• F10...

• F11...

• F10...

• Agriculture and Horticulture Development Board.

• F12...

• Animals Procedures Committee.

• Appeal Officer for Community Interest Companies.

• F13...

• Arts Council of England.

• Big Lottery Fund.

• F13...

• Board of the Pension Protection Fund.

• Board of Trade.

• [F14Board of Trustees of the Science Museum.]

• Boundary Commission for England.

• Boundary Commission for Northern Ireland.

• Boundary Commission for Scotland.

• Boundary Commission for Wales.

• British Council.

• British Film Institute.

• British Hallmarking Council.

• British Library Board.

• British Museum.

• British Pharmacopoeia Commission.

• British Tourist Authority.

• [F15British Transport Police Authority.]

• F16...

• Cabinet Office.

• Capital for Enterprise Limited.

• Care Quality Commission.

• Central Advisory Committee on Pensions and Compensation.

• Central Bureau for Educational Visits and Exchanges.

• F6...

• The Certification Officer.

• Charity Commission.

• F17...

• F18...

• F19...

• Children and Family Court Advisory and Support Service.

• Civil Aviation Authority.

• Civil Justice Council.

• Coal Authority.

• F6...

• Commission for Equality and Human Rights.

• F10...

• Commission on Human Medicines.

• Commissioner for Victims and Witnesses.

• F6...

• F6...

• The Committee on Climate Change.

• F6...

• F6...

• Committee on Mutagenicity of Chemicals in Food, Consumer Products and the Environment.

• Committee on Radioactive Waste Management.

• F6...

• Committee on Standards in Public Life.

• Committee on Toxicity of Chemicals in Food, Consumer Products and the Environment.

• Commonwealth Scholarship Commission in the United Kingdom.

• [F20Community rehabilitation companies.]

• F21...

• [F22Competition and Markets Authority.]

• Competition Service.

• Construction Industry Training Board.

• Consumer Council for Water.

• Council for Science and Technology.

• Crown Estate Office.

• Defence Nuclear Safety Committee.

• Defence Scientific Advisory Council.

• DEFRA Science Advisory Council.

• F23...

• [F24Department for Business and Trade.]

• F25...

• F26...

• Department for Culture, Media and Sport.

• Department for Education.

• [F24Department for Energy Security and Net Zero.]

• Department for Environment, Food and Rural Affairs.

• F27...

• F23...

• [F28Department for Levelling Up, Housing and Communities]

• Department for Transport.

• Department for Work and Pensions.

• F25...

• Department of Health [F29and Social Care].

• [F24Department for Science, Innovation and Technology.]

• F6...

• [F30Director of Labour Market Enforcement]

• F31...

• Disabled Persons Transport Advisory Committee.

• [F32Disclosure and Barring Service.]

• F13...

• Electoral Commission.

• [F15Electricity Settlements Company Ltd.]

• Engineering Construction Industry Training Board.

• F13...

• English Sports Council.

• English Tourist Board.

• Environment Agency.

• F10...

• The Ethics Group: National DNA Database.

• Ethnic Minority Business Forum.

• F6...

• Export Credits Guarantee Department.

• F33...

• Film Industry Training Board for England and Wales.

• F34...

• Food Standards Agency.

• [F35Foreign, Commonwealth and Development Office.]

• [F36The Forensic Science Regulator.]

• Forestry Commission.

• Fuel Poverty Advisory Group.

• Gambling Commission.

• [F37Gangmasters and Labour Abuse Authority].

• Gas and Electricity Markets Authority.

• Geffrye Museum.

• F6...

• General Advisory Committee on Science.

• F38...

• F6...

• Government Actuary’s Department.

• Government Equalities Office.

• The Great Britain-China Centre.

• [F39Groceries Code Adjudicator.]

• Health and Safety Executive.

• F40...

• F41...

• F42...

• [F43Health Research Authority.]

• [F44The Health Services Safety Investigations Body.]

• Her Majesty’s Revenue and Customs.

• Her Majesty’s Stationery Office.

• Her Majesty’s Treasury.

• F6...

• F45...

• High Speed Two (HS2) Ltd.

• Historic Buildings and Monuments Commission for England.

• Historic Royal Palaces.

• Home Office.

• Homes and Communities Agency.

• The Horniman Public Museum and Public Park Trust.

• Horserace Betting Levy Board.

• Human Fertilisation and Embryology Authority.

• F6...

• Human Tissue Authority.

• The Immigration Services Commissioner.

• Imperial War Museum.

• F6...

• Independent Advisory Panel on Deaths in Custody.

• Independent Agricultural Appeals Panel.

• Independent Commission for Aid Impact.

• Independent Living Fund (2006).

• [F15Independent Medical Expert Group.]

• [F46Independent Monitoring Authority for the Citizens' Rights Agreements.]

• Independent Reconfiguration Panel.

• F47...

• F6...

• F6...

• F48...

• Independent Scientific Group on Cattle TB.

• Industrial Development Advisory Board.

• Industrial Injuries Advisory Council.

• The Information Commissioner.

• F49...

• F6...

• F6...

• Joint Nature Conservation Committee.

• Land Registry.

• Law Commission.

• The Leasehold Advisory Service.

• F50...

• The following general lighthouse authorities—

  (a)

  the Corporation of the Trinity House of Deptford Strond;

  (b)

  the Commissioners of Northern Lighthouses.

• F51...

• Local Government Boundary Commission for England.

• [F15Low Carbon Contracts Company Ltd.]

• Low Pay Commission.

• The Marine Management Organisation.

• Marshall Aid Commemoration Commission.

• F6...

• [F13Medical Research Council.]

• F6...

• Ministry of Defence.

• F52...

• Ministry of Justice.

• [F53Money and Pensions Service.]

• F54...

• F6...

• Museums, Libraries and Archives Council.

• [F55National Advisory Group on Clinical Audit and Enquiries.]

• The National Archives.

• National Army Museum.

• F56...

• F57...

• [F58National Crime Agency.]

• [F59The National Data Guardian for Health and Social Care.]

• National Employer Advisory Board.

• National Employment Savings Trust Corporation.

• F60...

• National Forest Company.

• National Gallery.

• National Heritage Memorial Fund.

• F61...

• [F62National Institute for Health and Care Excellence.]

• F6...

• F63...

• National Maritime Museum.

• National Museum of the Royal Navy.

• F64...

• National Museums and Galleries on Merseyside.

• F65...

• National Portrait Gallery.

• Natural England.

• F13...

• Natural History Museum.

• [F66Natural Resources Body for Wales.]

• Northern Ireland Human Rights Commission.

• Northern Ireland Office.

• Nuclear Decommissioning Authority.

• Nuclear Liabilities Financing Assurance Board.

• Nuclear Liabilities Fund.

• Nuclear Research Advisory Council.

• Nutrition Forum.

• Office for Budget Responsibility.

• [F67The Office for Environmental Protection.]

• [F68Office for Nuclear Regulation.]

• Office for Standards in Education, Children’s Services and Skills.

• [F69Office for Students.]

• F70...

• Office of the Children’s Commissioner.

• Office of Communications.

• F21...

• Office of Public Sector Information.

• Office of Qualifications and Examinations Regulation.

• [F71Office of Rail and Road].

• Office of the Regulator of Community Interest Companies.

• Office of the Secretary of State for Scotland.

• Official receiver.

• The Official Solicitor to the Supreme Court.

• F72...

• F10...

• Ordnance Survey.

• Parades Commission for Northern Ireland.

• Parole Board.

• F6...

• Passengers’ Council.

• The Pensions Regulator.

• F73...

• F74...

• Public Record Office.

• [F75Pubs Code Adjudicator.]

• F76...

• F77...

• Regional Advisory Committees.

• F78...

• [F79The Registrar of Consultant Lobbyists]

• Registrar General for England and Wales.

• [F80The Regulator of Social Housing]

• [F81Regulatory Policy Committee]

• Remploy Ltd.

• F6...

• Residuary Bodies.

• Reviewing Committee on the Export of Works of Art and Objects of Cultural Interest.

• Royal Air Force Museum.

• Royal Armouries Museum.

• Royal Botanic Gardens, Kew.

• Royal Commission on Historical Manuscripts.

• Royal Mint.

• Science Advisory Committee on the Medical Implications of Less Lethal Weapons.

• F13...

• F6...

• Sea Fish Industry Authority.

• Security Industry Authority.

• Sentencing Council for England and Wales.

• F82...

• F83...

• [F84Single Source Regulations Office.]

• Sir John Soane’s Museum.

• [F85Small Business Commissioner.]

• F86...

• [F87Social Mobility and Child Poverty Commission]

• Social Science Research Committee.

• Social Security Advisory Committee.

• Sports Grounds Safety Authority.

• F88...

• Statistics Board.

• [F89A strategic highways company for the time being appointed under Part 1 of the Infrastructure Act 2015.]

• Supreme Court.

• F6...

• Tate Gallery.

• F13...

• The Theatres Trust.

• F90...

• [F91Trade Remedies Authority.]

• Treasure Valuation Committee.

• The Treasury Solicitor.

• UK Anti-Doping Ltd.

• F6 ...

• UK Commission for Employment and Skills.

• F6 ...

• UK National Authority Advisory Group.

• F6...

• United Kingdom Atomic Energy Authority.

• [F92United Kingdom Research and Innovation.]

• United Kingdom Sports Council.

• F6...

• Unlinked Anonymous Surveys Steering Group.

• F6...

• Urban development corporations established for urban development areas wholly in England.

• Valuation Tribunal Service.

• Veterinary Products Committee.

• F93...

• Victoria and Albert Museum.

• Wales Office.

• Wallace Collection.

• War pensions committees.

• Water Services Regulation Authority.

• Westminster Foundation for Democracy.

• F6...

• F94...

• Youth Justice Board for England and Wales.

NOTES

• General

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

• Board of the Pension Protection Fund

  In the case of the Board of the Pension Protection Fund, an investigation may be conducted only in respect of action in connection with its functions relating to the financial assistance scheme established by regulations under section 286(1) of the Pensions Act 2004.

• Cabinet Office

  The reference to the Cabinet Office does not include any of the Secretariats (including the intelligence and security functions carried out by the Chairman of the Joint Intelligence Committee and the Prime Minister’s Security Adviser respectively) or the office of the Secretary of the Cabinet. The reference to the Cabinet Office includes the Lord President of the Council’s Office, the executive agencies of the Cabinet Office and the office of any Minister whose expenses are defrayed out of moneys provided by Parliament for the service of the Cabinet Office.

  Committee on Climate Change

  In the case of the Committee on Climate Change, no investigation is to be conducted in respect of any action taken by or on behalf of the Committee—

  (a)

  in the exercise in or as regards Scotland of any function to the extent that the function is exercisable within devolved competence (within the meaning of section 54 of the Scotland Act 1998), or

  (b)

  in connection with functions of the Committee in relation to Wales (within the meaning of the Government of Wales Act 2006).

• Environment Agency

  The 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 Water Resources Act 1991; and no investigation is to be conducted in respect of any action in connection with functions of the Environment Agency in relation to Wales (within the meaning of the Government of Wales Act 2006).

• Forestry Commission

  In the case of the Forestry Commission no investigation is to be conducted in respect of any action in connection with functions of the Forestry Commissioners in relation to Wales (within the meaning of the Government of Wales Act 2006).

• Government Actuary’s Department

  In the case of the Government Actuary’s Department an investigation may be conducted only in respect of the giving of advice by the Government Actuary’s Department on or before 26th April 2001 relating to the exercise of functions under—

  (a)

  Part 2 of the Insurance Companies Act 1982, or

  (b)

  any other enactment relating to the regulation of insurance companies within the meaning of that Act.

• F95...

  F95...

• HM Treasury

  The reference to Her Majesty’s Treasury includes its subordinate departments and the office of any Minister whose expenses are defrayed out of moneys provided by Parliament for the service of Her Majesty’s Treasury; but it does not include National Savings and Investments.

• Homes and Communities Agency

  In the case of the Homes and Communities Agency no investigation is to be conducted in respect of any action in connection with functions in relation to town and country planning.

• Corporation of the Trinity House of Deptford Strond

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

• Ministry of Defence

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

• Ministry of Justice

  The reference to the Ministry of Justice includes the Public Trustee but does not include the Privy Council Office or the Office of the Judicial Committee of the Privy Council.

• [F96National Crime Agency]

  In the case of the [F97National Crime Agency], an investigation may be conducted only in respect of the exercise of functions vested in it by virtue of a notice served on the Commissioners for Her Majesty’s Revenue and Customs under section 317(2), 321(2) or 322(2) of the Proceeds of Crime Act 2002 (Revenue functions).

• Statistics Board

  In the case of the Statistics Board, no investigation is to be conducted in relation to any action taken by or on behalf of the Board in the exercise of any of its functions where the function is being exercised only in relation to Scottish devolved statistics (within the meaning of section 66 of the Statistics and Registration Service Act 2007).

• Supreme Court

  In the case of the Supreme Court an investigation may be conducted only in respect of action taken by administrative staff but not 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.

• Treasury Solicitor

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

• Urban development corporations

  In the case of an urban development corporation no investigation is to 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.

[F982(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.

[F994U.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 [F100service 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.

[F1016AU.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.]

[F1026B(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.F103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F104. . . the High Court of Justiciary or the [F105Court Martial Appeal Court].

8[F106(1)] Action taken on behalf of F107... the Secretary of State by [F108a local authority, [F109NHS England], [F110an integrated care board]] F111... F107[F112... F113..., [F114or] a Special Health Authority] F107....U.K.

[F115(2)For the purposes of this paragraph, action taken by [F116a local authority, [F109NHS England], [F117an integrated care board] or] F118... F119... , Special Health Authority F120... 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[F121(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 [F122to 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.

[F123(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).]

[F124(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 [F125or 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.]

[F126(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.

[F12712(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.]

Section 5

X1[F128SCHEDULE 4U.K.RELEVANT TRIBUNALS FOR THE PURPOSES OF SECTION 5(7)

• F129...

• Agricultural Land Tribunals constituted under section 73 of the Agriculture Act 1947.

• Appeal tribunals constituted under Chapter 1 of Part 1 of the Social Security Act 1998.

• The 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.

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

• F130...

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

• F131...

• Competition Appeal Tribunal constituted under section 12 of the Enterprise Act 2002.

• Copyright Tribunal constituted under section 145 of the Copyright, Designs and Patents Act 1988.

• F132...

• F132...

• Foreign Compensation Commission constituted under section 1 of the Foreign Compensation Act 1950.

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

• F133...

• F134...

• F135...

• National Health Service Medicines (Control of Prices and Profits) Appeal Tribunal constituted under regulation 7 of the Health Service Medicines (Price Control Appeals) Regulations 2000.

• Ombudsman for the Board of the Pension Protection Fund appointed under section 209 of the Pensions Act 2004.

• Pensions Ombudsman established under section 145 of the Pension Schemes Act 1993.

• F136...

• F137...

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

• Reference committees constituted under section 27 of the Forestry Act 1967.

• Rent assessment committees constituted under section 65 of, and Schedule 10 to, the Rent Act 1977 (including when exercising the jurisdiction of residential property tribunals as provided for in section 229 of the Housing Act 2004) 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 and continued as rent tribunals for the purpose of references pursuant to the provisions in Part V of the Rent Act 1977.

• F130...

• Traffic commissioners appointed under section 4 of the Public Passenger Vehicles Act 1981.

• [F138The Valuation Tribunal for England established under Schedule 11 to the Local Government Finance Act 1988]]