SCHEDULES

C4C5 FIRST SCHEDULE Definition of Public Records

Annotations:
Modifications etc. (not altering text)
C4

Sch. 1 excluded by Transport Act 1968 (c. 73), s. 144(9)

Sch. 1 excluded (E.W.S.) (1.4.1994) by 1993 c. 43, s. 125(6); S.I. 1994/571, art. 5 (with art. 7) (which exclusion was repealed (18.7.1996) by 1996 c. 42, s. 8(2)(3))

Sch. 1 excluded (E.W.S.) (18.9.1996) by 1996 c. 42, ss. 5(3), 8(3)

C5

Sch. 1: power to amend conferred (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 84; S.I. 2011/2329, art. 3

Departmental records

2

1

Subject to the provisions of this paragraph, administrative and departmental records belonging to Her Majesty, whether in the United Kingdom or elsewhere, in right of Her Majesty’s Government in the United Kingdom and, in particular,—

a

records of, or held in, any department of Her Majesty’s Government in the United Kingdom, or

b

records of any office, commission or other body or establishment whatsoever under Her Majesty’s Government in the United Kingdom,

shall be public records.

2

Sub-paragraph (1) of this paragraph shall not apply—

a

to records of any government department or body which is wholly or mainly concerned with Scottish affairs, or which carries on its activities wholly or mainly in Scotland, or

b

to registers or certified copies of entries in registers being registers or certified copies kept or deposited in the General Register Office under or in pursuance of any enactment, whether past or future, which provides for the registration of births, deaths, marriages F1, civil partnerships or adoptions, or

c

except so far as provided by paragraph 4 of this Schedule, to records of the Duchy of Lancaster, or

d

to records of the office of the Public Trustee relating to individual trusts F2or

e

to Welsh public records (as defined in F3the Government of Wales Act 2006).

3

1

Without prejudice to the generality of sub-paragraph (1) of the last foregoing paragraph, the administrative and departmental records of bodies and establishments set out in the Table at the end of this paragraph shall be public records, whether or not they are records belonging to Her Majesty.

2

The provisions of this paragraph shall not be taken as applying to records in any museum or gallery mentioned in the said Table which form part of its permanent collections (that is to say records which the museum or gallery has acquired otherwise than by transfer from or arrangements with a government department).

TABLE

C1PART I

BODIES AND ESTABLISHMENTS UNDER GOVERNMENT DEPARTMENTS

Responsible Government Department

F4Department for Environment, Food and Rural Affairs.

F170...

Agricultural Wages Committees.

Organisation known as the “National Farm Survey”.

Official seed testing station for England and Wales.

F151Department for Business, Innovation and Skills

Meteorological Office.

F5. . .

F6. . .

F7Department of Health

National Health Service Authorities F8including F161the National Health Service Commissioning Board, clinical commissioning groups,F9Primary Care TrustsF10, National Health Service trusts and NHS foundation trusts other than local health authorities F11and Authorities for districts or localities in Wales, or for areas in or consisting of Wales (including National Health Service trusts all of whose hospitals, establishments and facilities are situated in Wales).

F12Family Practitioner CommitteesF13for localities in England

F14health service hospitals, within the meaning of the National Health Service Act 1977F15, in England except—

records of endowments passing to Boards of Governors under section seven of the National Health Service Act 1946.

records relating to funds held by Hospital Boards and Committees under sections fifty-nine and sixty of the said Act, and records of private patients admitted under section five of the said Act.

F16records of property passing to F17Regional, Area or District Health Authorities or special health authorities under sections 23 to 26 of the M1 National Health Service Reorganisation Act 1973 F18, section 92 of the National Health Service Act 1977, section 213 of the National Health Service Act 2006 or section 161 of the National Health Service (Wales) Act 2006

records of property held by a F19Regional, Area or District Health Authority or special health authority under section 21 or 22 of the said Act 1973F20, section 90 or 91 of the National Health Service Act 1977, section 218 of the National Health Service Act 2006 or paragraph 8 of Schedule 6 to that Act, or paragraph 8 of Schedule 5 to the National Health Service (Wales) Act 2006

F21records of trust property passing to F162the National Health Service Commissioning Board, a clinical commissioning group, a F22Strategic Health Authority, Health Authority, Special Health Authority or Primary Care Trust by virtue of the Health Authorities Act 1995 F23, under section 213 of the National Health Service Act 2006 or section 161 of the National Health Service (Wales) Act 2006,F163or section 300 of the Health and Social Care Act 2012 or held by F164 the National Health Service Commissioning Board, a clinical commissioning group orF24a Strategic Health Authority or a Health Authority under section 90 or 91 of F25the National Health Service Act 1977, section 218 of the National Health Service Act 2006, paragraph 12 of Schedule 2 to, or paragraph 8 of Schedule 6 to, that Act, or F165by virtue of section 2 and section 13X of, or paragraph 20 of Schedule 1A to, that Act, or under paragraph 8 of Schedule 5 to the National Health Service (Wales) Act 2006.

F26. . .

Home Office

Office of Commissioner of Police of the Metropolis.

Office of Receiver for the Metropolitan Police District.

F27Department of Employment

National Dock Labour Board.

National Institute of Houseworkers Limited.

Wages Boards and Wages Councils.

F28Department of Social Security

National Insurance Advisory Committee.

Industrial Injuries Advisory Council.

F29Attendance Allowance Board.

National Insurance and Industrial Injuries Joint Authorities.

Workmen’s Compensation Supplementation Board.

Pneumoconiosis and Byssinosis Benefit Board.

F30. . .

F31. . .

F32Department of Transport

Air Transport Advisory Council.

Air Registration Board.

F33Airworthiness Requirements Board, Civil Aviation Authority.

F34Strategic Rail Authority.

F35Ministry of Justice

F36Legal Aid Board

F169...

C2C6PART II

OTHER ESTABLISHMENTS AND ORGANISATIONS

  • F37...

  • Anglo-Egyptian Resettlement Board.

  • F38Armouries

  • F39Arts and Humanities Research Council.

  • F40The Big Lottery Fund.

  • F41The Board of the Pension Protection Fund.

  • F42The Board of Trustees of the National Museums and Galleries on Merseyside.

  • F43British Coal Corporation

  • F44British Council.

  • British Museum (including the Natural History Museum).

  • F45Care Council for Wales.

  • F46The Care Quality Commission F160and the Healthwatch England committee.

  • Catering Wages Commission.

  • F47Central Police Training and Development Authority

  • F48Child Maintenance and Enforcement Commission.

  • F158...

  • F49Civil Nuclear Police Authority.

  • F50Coal Authority

  • Coal Industry Social Welfare Organisation.

  • F51Commission for Architecture and the Built Environment.

  • F52The Commission for Equality and Human Rights.

  • F53...

  • F54...

  • F55Commission on Industrial Relations

  • F56Commission for Patient and Public Involvement in Health.

  • F57Commission for Rural Communities.

  • F58...

  • F59The Committee on Climate Change.

  • F150 The company that was nominated under section 62 of the Postal Services Act 2000 (reorganisation of the Post Office: transfer of property etc to nominated company).

  • F60Competition Commission.

  • F61Competition Service

  • F146Compliance Officer for the Independent Parliamentary Standards Authority.

  • F62...

  • F63Consumer Council for Water.

  • F166...

  • F64...

  • F65Criminal Cases Review Commission

  • F66Crown Agents for Overseas Governments and Administrations (before and after their reconstitution as a body corporate) except when acting for governments or authorities outside Her Majesty’s dominions.

  • F67Crown Agents Holding and Realisation Board.

  • C3F68...

  • F69...

  • F70A development agency established under section 1 of the Regional Development Agencies Act 1998.

  • Development Commission.

  • F71Director of Fair Access to Higher Education

  • F72...

  • F73Economic and Social Research Council.

  • F74Electoral Commission.

  • F75. . .

  • F76Engineering and Physical Sciences Research Council.

  • F77...

  • F78The Environment Agency

  • C3F79 Funding Agency for Schools

  • F80Further Education Funding Council for England.

  • F81...

  • F171Gangmasters Licensing Authority

  • F62...

  • F82General Social Care Council.

  • F157...

  • F83General Teaching Council for Wales.

  • F80Higher Education Funding Council for England.

  • F84...

  • F85Historic Buildings and Monuments Commission for England

  • F86The Homes and Communities Agency.

  • F87Human Tissue Authority.

  • Imperial War Museum.

  • F88The Independent Parliamentary Standards Authority.

  • F89Information Commissioner.

  • F90Infrastructure Planning Commission.

  • Irish Sailors’ and Soldiers’ Land Trust.

  • F145...

  • F91The Legal Services Board.

  • F92The Legal Services Consultative Panel.

  • F152...

  • F93Local Better Regulation Office.

  • F144Local Government Boundary Commission for England.

  • London Museum.

  • F94The Lord Chancellor’s Advisory Committee on Legal Education and Conduct

  • F95. . .

  • F140The Marine Management Organisation.

  • F96Medical Research Council.

  • F97...

  • F98F99Monopolies and Mergers Commission.

  • F100National Audit Office

  • F53...

  • F101. . .

  • F102The National Consumer Council.

  • National Gallery.

  • F97...

  • F103National Lottery Commission.

  • National Maritime Museum.

  • F77...

  • F104National Policing Improvement Agency.

  • National Portrait Gallery.

  • National Savings Committee.

  • F105Natural England.

  • F106Natural Environment Research Council.

  • F107...

  • F97...

  • F108Nuclear Decommissioning Authority.

  • F109Occupational Pensions Regulatory Authority.

  • F148Office for Budget Responsibility.

  • F110Office of Communications.

  • F111...

  • F112Office of Fair Trading.

  • F141The Office of the Health Professions Adjudicator.

  • F113The Office for Legal Complaints.

  • F153...

  • F114Olympic Delivery Authority.

  • F115Olympic Lottery Distributor.

  • F116The Ombudsman for the Board of the Pension Protection Fund.

  • F142Passengers’ Council.

  • F117Pensions Compensation Board.

  • F118Pensions Ombudsman.

  • F119The Pensions Regulator.

  • F168...

  • F120Police Information Technology Organisation

  • F149....

  • F149...

  • F150A Post Office company within the meaning of Part 1 of the Postal Services Act 2011.

  • F167The Professional Standards Authority for Health and Social Care

  • F155...

  • F121...

  • F122Rail Passengers’ Committees.

  • F143...

  • Remploy Limited.

  • F123Royal Botanic Gardens, Kew

  • Royal Greenwich Observatory.

  • F150A Royal Mail company within the meaning of Part 1 of the Postal Services Act 2011.

  • C3F124School Curriculum and Assessment Authority

  • C3F125...

  • F126Science Museum

  • F127Security Industry Authority.

  • F128Serious Organised Crime Agency.

  • F129...

  • F130...

  • F131The Simpler Trade Procedures Board.

  • F159Social Mobility and Child Poverty Commission

  • Tate Gallery.

  • F132...

  • F133Technology Strategy Board.

  • F134Traffic Director for London

  • F154...

  • F135. . .

  • F147The trustee corporation established by section 75 of the Pensions Act 2008.

  • Trustee Savings Banks Inspection Committee.

  • United Kingdom Atomic Energy Authority.

  • University Grants Committee.

  • F136Valuation Tribunal Service.

  • F137Victoria and Albert Museum

  • Wallace Collection.

  • War Works Commission.

  • F156...

  • Any body established for the purpose of determining the boundaries of constituencies of the Parliament of the United Kingdom, or of local authorities in England F138....

F1393A

1

Her Majesty may by Order in Council amend the Table at the end of paragraph 3 of this Schedule by adding to either Part of the Table an entry relating to any body or establishment—

a

which, at the time when the Order is made, is specified in Schedule 2 to the Parliamentary Commissioner Act 1967 (departments, etc. subject to investigation), or

b

in respect of which an entry could, at that time, be added to Schedule 2 to that Act by an Order in Council under section 4 of that Act (which confers power to amend that Schedule).

2

An Order in Council under this paragraph may relate to a specified body or establishment or to bodies or establishments falling within a specified description.

3

An Order in Council under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.