Parliamentary Commissioner Act 1967

SCHEDULES

SCHEDULE 1 U.K. Pensions and Other Benefits

Modifications etc. (not altering text)

C1 Sch. 1 extended by National Health Service Act 1977 (c. 49, SIF 113:2), s. 107(2) and (S.) National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), s. 91(2)

1 A person appointed to be the Commissioner may, within such period and in such manner as may be prescribed by regulations under this Schedule, elect between the statutory [F1 scheme of pensions and other benefits applicable to the judicial offices listed in [F2 section 1 of the M1 Judicial Pensions Act 1981] and the scheme of pensions and other benefits applicable by virtue of section 1 of the M2 Superannuation Act 1972 to the civil service of the State] (in this Schedule referred to respectively as the judicial scheme and the civil service scheme), and if he does not so elect shall be treated as having elected for the civil service scheme.

Textual Amendments

F1 Words substituted by Superannuation Act 1972 (c. 11, SIF 101A:1), Sch. 6 para. 63

F2 Words substituted by Judicial Pensions Act 1981 (c. 20, SIF 71:2), Sch. 3 para. 3(2)

Marginal Citations

M1 1981 c. 20(71:2).

M2 1972 c. 11(101A:1).

2 Where a person so appointed elects for the judicial scheme, a pension may be granted to him on ceasing to hold office as Commissioner if he has held that office for not less than five years and either—

(a) has attained the age of sixty-five years; or

(b) is disabled by permanent infirmity for the performance of the duties of that office;

and (subject to regulations under this Schedule) the provisions of the [F3 sections 2 to 4 and 17 to 24 of the M3 Judicial Pensions Act 1981,] shall apply in relation to him and his service as Commissioner as they apply in relation to the holders of judicial offices listed in F3 [section 1 of the Judicial Pensions Act 1981 and service in any such office].

Textual Amendments

F3 Words substituted by Judicial Pensions Act 1981 (c. 20, SIF 71:2), Sch. 3 para. 3(3)

Marginal Citations

M3 1981 c. 20(71:2).

3 Where a person so appointed elects for the civil service scheme, [F4 the principal civil service pension scheme within the meaning of section 2 of the M4 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 [F4 employment] in the civil service of the State.

Textual Amendments

F4 Words substituted by Superannuation Act 1972 (c. 11, SIF 101A:1), Sch. 6 para. 64

Marginal Citations

M4 1972 c. 11(101A:1).

4 The Treasury may by statutory instrument make regulations for purposes supplementary to the foregoing provisions of this Schedule; and such regulations may, without prejudice to section 38 of the M5 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 persons to whom the judicial scheme or the civil service scheme has applied or applies in respect of any service other than service as Commissioner, including provisions—

(a) for aggregating other service falling within the judicial scheme with service as Commissioner, or service a Commissioner with such other service, for the purposes of determining qualification for or the amount of benefit under that scheme;

(b) for increasing the amount of the benefit payable under the judicial scheme, 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 which would have been payable thereunder if he had retired from that office on the ground of permanent infirmity immediately before his appointment;

(c) for limiting the amount of benefit payable under the judicial scheme, in the case of a person to whom the civil service scheme applied in respect of service before his appointment as Commissioner, by reference to the difference between the amount of the benefit granted in his case under the civil service scheme and the amount which would be payable under the judicial scheme if that service had been service as Commissioner.

Marginal Citations

M5 1965 c. 74(101A:1).

5 Any statutory instrument made by virtue of this Schedule shall be subject to annulment in pursuance of a resolution of the House of Commons.

[F5 X1 F6 SCHEDULE 2 U.K. Departments Etc. Subject to Investigation]

Editorial Information

X1 Sch. 2: due to the large number of entries contained in Sch. 2 and the frequency with which it has been amended, no separate versions are retained in respect of amendments coming into force after 25.11.2002 or which are not yet in force. Historic information relating to all such amendments is reflected in the current version (except that text replaced by substituted words or entries is not reproduced in the current version but is preserved in preceding versions).

Textual Amendments

F5 Sch. 2 substituted (14.3.2005) by The Parliamentary Commissioner Order 2005 (S. I. 2005/249), art. 2, Sch. 1

F6 Sch. 2 substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 1(2), Sch. 1

Modifications etc. (not altering text)

C2 Sch. 2 amended (6.11.2000) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 10; S.I. 2000/2957, art. 2(1), Sch. 1

Advisory, Conciliation and Arbitration Service.

Agricultural wages committees.

Ministry of Agriculture, Fisheries and Food.

Arts Council of Great Britain.

British Council.

British Library Board.

Building Societies Commission.

Certification Officer.

[F7 The Central Statistical Office of the Chancellor of the Exchequer.]

Charity Commission.

[F8 Office of the Minister for the Civil Service]

Civil Service Commission.

Co-operative Development Agency.

Countryside Commission.

Countryside Commission for Scotland.

[F9 Countryside Council for Wales.]

Crafts Council.

Crofters Commission.

Crown Estate Office.

Customs and Excise.

Data Protection Registrar.

Ministry of Defence.

Development Commission.

[F10 Education Assets Board.]

Department of Education and Science.

Central Bureau for Educational Visits and Exchanges.

[F11 Office of the Director General of Electricity Supply.]

Department of Employment.

Department of Energy.

Department of the Environment.

Equal Opportunities Commission.

Export Credits Guarantee Department.

Office of the Director General of Fair Trading.

British Film Institute.

Foreign and Commonwealth Office.

Forestry Commission.

Registry of Friendly Societies.

Office of the Director General of Gas Supply.

[F12 Department of Health.]

Health and Safety Commission.

Health and Safety Executive.

. . . F13

[F14 Highlands and Islands Development Board.]

Historic Buildings and Monuments Commission for England.

Home Office.

Horserace Betting Levy Board.

Housing Corporation.

[F15 Housing for Wales.]

[F16 Human Fertilisation and Embryology Authority.]

Central Office of Information.

Inland Revenue.

Intervention Board for Agricultural Produce.

Land Registry.

[F17 Legal Aid Board.]

[F18 Scottish Legal Aid Board.]

The following general lighthouse authorities—

(a) the Corporation of the Trinity House of Deptford Strond;

(b) the Commissioners of Northern Lighthouses.

The Lord Chancellor’s Department.

Lord President of the Council’s Office.

. . . F19

. . . F20

Medical Practices Committee.

Scottish Medical Practices Committee.

Museums and Galleries Commission.

National Debt Office.

[F21 The National Rivers Authority.]

Trustees of the National Heritage Memorial Fund.

Department for National Savings.

Nature Conservancy Council.

[F22 Nature Conservancy Council for England.]

[F22 Nature Conservancy Council for Scotland.]

Commission for the New Towns.

Development corporations for new towns.

Northern Ireland Court Service.

Northern Ireland Office.

Ordnance Survey.

Office of Population Censuses and Surveys.

Registrar of Public Lending Right.

Public Record Office.

Scottish Record Office.

Commission for Racial Equality.

Red Deer Commission.

Department of the Registers of Scotland.

General Register Office, Scotland.

Agricultural and Food Research Council.

Economic and Social Research Council.

Medical Research Council.

Natural Environment Research Council.

Science and Engineering Research Council.

Residuary Bodies.

[F23 Office of the Commissioner for the Rights of Trade Union Members.]

Royal Mint.

Scottish Courts Administration.

[F24 Scottish Homes.]

Scottish Office.

Council for Small Industries in Rural Areas.

[F12 Department of Social Security.]

Central Council for Education and Training in Social Work.

Sports Council.

Scottish Sports Council.

Sports Council for Wales.

Stationery Office.

Office of the Director General of Telecommunications.

English Tourist Board.

Scottish Tourist Board.

Wales 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.

. . . F25

Department of Transport.

Treasury.

Treasury Solicitor.

Urban development corporations.

Development Board for Rural Wales.

[F26 Office of the Director General of Water Services.]

Welsh Office.

Textual Amendments

F7 Entry inserted by S.I. 1989/992, art. 6(2)

F8 Entry inserted by S.I. 1987/2039, art. 4(1)(b)

F9 Entry inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 128(5), Sch. 6 para. 23(a)

F10 Entry inserted by Education Reform Act 1988 (c. 40, SIF 40:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 67

F11 Entry inserted by Electricity Act 1989 (c. 29, SIF 44:1), ss. 1(5), 112(3), Sch. 1 para. 7, Sch. 17 para. 35(1)

F12 Entry inserted by S.I. 1988/1843, art. 5(2)(b)

F13 Entry repealed by S.I. 1988/1843, art. 5(2)(a)

F14 Words repealed (1.4.1991) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. III

F15 Entry inserted (E.W.S.) by Housing Act 1988 (c. 50, SIF 61), s. 140, Sch. 17 para. 92

F16 Entry inserted by Human Fertilisation and Embryology Act 1990 (c. 37, SIF 83:1), s. 5(3), Sch. 1 para. 14

F17 Entry inserted by Legal Aid Act 1988 (c. 34, SIF 77:1), s. 45(1), Sch. 5 para. 2

F18 Entry inserted by S.I. 1988/585, art. 2

F19 Entry repealed by S.I. 1987/2039, art. 4(1)(a)

F20 Entry repealed by Employment Act 1988 (c. 19, SIF 43:5), s. 33(2), Sch. 4

F21 Entry inserted by Water Act 1989 (c. 15, SIF 130), ss. 1, 58(7), 101(1), 141(6), 160(1)(2)(4), 189(4)–(10), 190, 193(1), Sch. 1 para. 11(a)

F22 Entry inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 128(5), Sch. 6 para. 23(b)

F23 Entry inserted by Employment Act 1988 (c. 19, SIF 43:5), s. 19, Sch. 1 para. 12

F24 Entry inserted (E.W.S.) by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 1, 3, Sch. 2 para. 2(a)

F25 Entry inserted by Employment Act 1988 (c. 19, SIF 43:5), s. 33, Sch. 3 para. 8 and repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt I

F26 Entry inserted by Water Act 1989 (c. 15, SIF 130), ss. 5, 58(7), 101(1), 141(6), 160(1)(2)(4), 189(4)–(10), 190, 193(1), Sch. 3 para. 6, Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

NOTES U.K.

Valid from 24/02/2003

[F27 A1 In the case of the Director of the Assets Recovery Agency an investigation under this Act may be conducted only in respect of the exercise of functions vested in him by virtue of a notice served on the Commissioners of Inland Revenue under section 317(2), 321(2) or 322(2) of the Proceeds of Crime Act 2002 (Inland Revenue functions).]

Textual Amendments

F27 Sch. 2 Note A1 inserted (24.2.2003) by 2002 c. 29, ss. 456, 458(1), Sch. 11 para. 2(3); S.I. 2003/120, art. 2, Sch. (subject to arts. 3-7)

Valid from 16/12/2003

A2 The reference to the Department for Constitutional Affairs includes the Lord Chancellor’s Department and the Public Trustee

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

Valid from 01/04/1996

[F28 1A 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 M6 Water Resources Act 1991.]

Textual Amendments

F28 Sch. 2 Note 1A inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 11(b) (with ss. 7(6), 115, 117, 120, Sch. 23 para. 10(3)(temp.)); S.I. 1996/186, art. 3

Marginal Citations

M6 1991 c. 57.

Valid from 01/07/1999

[F29 1B In the case of the Forestry Commission no investigation under this Act shall 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 1998).]

Textual Amendments

F29 Sch. 2 Note 1B inserted (1.7.1999) by 1998 c. 38, ss. 125, 158(1) Sch. 12 para. 9(c) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

2 The 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.

3 In 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.

4 The 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).

5 The reference to the Lord President of the Council’s Office includes the Office of Arts and Libraries but does not include the Privy Council Office.

6 The references to the [F30 Office of the Minister for the Civil Service] and the Treasury do not include the Cabinet Office, but subject to that include the subordinate departments of the [F30 Office of the Minister for the Civil Service] and of the Treasury and the office of any Minister whose expenses are defrayed out of moneys provided by Parliament for service of the [F30 Office of the Minister for the Civil Service] or the Treasury.

Textual Amendments

F30 Words substituted by S.I. 1987/2039, art. 4(1)(c)

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

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

[F31 8A In the case of Scottish Homes no investigation shall be conducted under this Act in respect of any of its actions as a landlord.]

Textual Amendments

F31 Note 8A inserted (1.4.1989) (E.W.S.) after Note 8 by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 1, 3, Sch. 2 para. 2(b)

[F32 9 The reference to the National Rivers Authority is a reference to that Authority in relation to all its functions other than its flood defence functions (that is to say, its functions by virtue of Chapter III of Part III of the Water Act 1989, including all its functions under the M7 Drainage Act 1976).]

Textual Amendments

F32 Note 9 inserted (7.7.1989 (E.W.), 1.9.1989 (S.) (N.I.)) after Note 8 by Water Act 1989 (c. 15, SIF 130), ss. 1, 58(7), 101(1), 141(6), 160(1)(2)(4), 189(4)–(10), 190, 193(1), Sch. 1 para. 11(b), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

Marginal Citations

M7 1976 c. 70 (73:1

9 In 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.

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

Valid from 11/10/1993

[F33 11 In 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.]

Textual Amendments

F33 Sch. 2 Note 11 inserted (10.11.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 3(2); S.I. 1993/2762, art.3

Valid from 15/11/2004

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

(a) Part 2 of the Insurance Companies Act 1982 F34 , or

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

Textual Amendments

F34 1982 c. 50; repealed by S.I. 2001/3649.

SCHEDULE 3 U.K. Matters not subject to investigation

1 U.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.

2 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 [F35 other 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 . . . F36 .]

Textual Amendments

F35 Words added by S.I. 1979/915, art. 2

F36 Words repealed by S.I. 1988/1985, art. 2

3 U.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.

4 Action taken by the Secretary of State under the M8 Extradition Act 1870 [F37 , the Fugitive Offenders Act 1967 or the Extradition Act 1989].

Textual Amendments

F37 Words substituted by Extradition Act 1989 (c. 33, SIF 48), s. 36(1)

Modifications etc. (not altering text)

C3 Para. 4 extended by Fugitive Offenders Act 1967 (c. 68, SIF 48), s. 21(4)

Marginal Citations

M8 1870 c. 52(48).

5 U.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.

Modifications etc. (not altering text)

C4 Sch. 3 para. 5 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(a)

6 The commencement or conduct of civil or criminal proceedings before any court of law in the United Kingdom, of proceedings at any place under the M9 Naval Discipline Act 1957, the M10 Army Act 1955 or the M11 Air Force Act 1955, or of proceedings before any international court or tribunal.

Marginal Citations

M9 1957 c. 53(7:1).

M10 1955 c. 18(7:1).

M11 1955 c. 19(7:1).

[F38 6A U.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.]

Textual Amendments

F38 Sch. 3 para. 6A inserted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 110(2)

Valid from 05/09/1994

[F39 6B (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.]

Textual Amendments

F39 Sch. 3 para. 6B inserted (5.9.1994) by 1994 c. 14, ss. 1(2), 3(2)

Modifications etc. (not altering text)

C5 Sch. 3 para. 6B(2) extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(b)

Valid from 08/11/1995

[F40 6C Action 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.]

Textual Amendments

F40 Sch. 3 para. 6C inserted (8.11.1995) by 1995 c. 53, s. 10(2)(3)

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

8 Action taken on behalf of the Minister of Health or the Secretary of State by a [F41 Regional Health Authority, an Area Health Authority [F42 a District Health Authority], a special health authority [F43 except the Rampton Hospital Review Board][F44 . . . F45 the Rampton Hospital Board], [F46 the Broadmoor Hospital Board or the Moss Side and Park Lane Hospitals Board,] a Family Practitioner Committee, a Health Board or the Common Services Agency for the Scottish Health Service], or by the Public Health Laboratory Service Board.

Textual Amendments

F41 Words substituted by National Health Service Reorganisation Act 1973 (c. 32, SIF 113:2), Sch 4. para. 109

F42 Words added (E.W.S.) by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1 para. 16

F43 Words inserted by S.I. 1981/736, art. 2

F44 Words inserted by S.I. 1986/1168, art. 2

F45 Word repealed by S.I. 1987/661, art. 2(a)

F46 Words inserted by S.I. 1987/661, art. 2(b)

9 U.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.

Modifications etc. (not altering text)

C6 Sch. 3 para. 9 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(c)

10 [F47 (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 [F48 to 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.

[F49 (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 M12 Overseas 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.]

Textual Amendments

F47 Sch. 3 para. 10 renumbered as Sch. 3 para. 10(1) by S.I. 1983/1707, art. 2(a)

F48 Words substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39 SIF 89), s. 1(3)(c)

F49 Sch. 3 para. 10(2) inserted by S.I. 1983/1707, art. 21(b)

Modifications etc. (not altering text)

C7 Sch. 3 para. 10 extended (13.5.1999) by S.I. 1999/1351, art. 9(6)(c)

Marginal Citations

M12 1980 c. 63(88).

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

Valid from 03/04/2006

[F50 12 (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.]

Textual Amendments

F50 Sch. 3 para. 12 inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 145, 148, Sch. 17 para. 6(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 28

Valid from 30/01/2008

Section 5

[F51 SCHEDULE 4 U.K. RELEVANT TRIBUNALS FOR THE PURPOSES OF SECTION 5(7)

Textual Amendments

F51 Sch. 4 substituted (30.1.2008) by The Parliamentary Commissioner Order 2007 (S.I. 2007/3470), art. 3, Sch. 2

• Adjudicators appointed under article 7(1)(b) of the Criminal Injuries Compensation (Northern Ireland) Order 2002.

• 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.

• Care Standards Tribunal constituted under section 9 of the Protection of Children Act 1999.

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

• Commons Commissioners constituted under section 17 of the Commons Registration Act 1965.

• 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.

• Employment tribunals (England and Wales) and employment tribunals (Scotland) established under regulation 5 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004.

• Employment Appeal Tribunal continued in existence under section 20 of the Employment Tribunals Act 1996.

• 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.

• Information Tribunal constituted under section 6 of the Data Protection Act 1998.

• Insolvency Practitioners Tribunal referred to in section 396 of the Insolvency Act 1986.

• Mental Health Review Tribunals constituted under section 65 of, and Schedule 2 to, the Mental Health Act 1983.

• 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.

• Persons hearing consumer credit licensing appeals appointed under regulation 24 of the Consumer Credit Licensing (Appeals) Regulations 1998.

• Persons hearing estate agents' appeals appointed under regulation 19 of the Estate Agents (Appeals) Regulations 1981.

• 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.

• Special Educational Needs and Disability Tribunal constituted under section 333 of the Education Act 1996.

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

• Valuation tribunals continued in existence under regulation 3 of the Valuation and Community Charge Tribunals Regulations 1989.]

Valid from 14/03/2005

Section 5(8)

SCHEDULE 4 U.K. RELEVANT TRIBUNALS FOR THE PURPOSES OF SECTION 5(7)

• Adjudicators appointed under article 7(1)(b) of the Criminal Injuries Compensation (Northern Ireland) Order 2002 F52 .

• Agricultural Land Tribunals constituted under section 73 of the Agriculture Act 1947 F53 .

• Appeal tribunals constituted under Chapter 1 of Part 1 of the Social Security Act 1998 F54 .

• The appeal tribunal established for Scotland under section 29 of the Betting, Gaming and Lotteries Act 1963 F55 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 F56 .

• Care Standards Tribunal constituted under section 9 of the Protection of Children Act 1999 F57 .

• Central Arbitration Committee constituted under section 259 of the Trade Union and Labour Relations (Consolidation) Act 1992 F58 .

• Commons Commissioners constituted under section 17 of the Commons Registration Act 1965 F59 .

• Competition Appeal Tribunal constituted under section 12 of the Enterprise Act 2002 F60 .

• Copyright Tribunal constituted under section 145 of the Copyright, Designs and Patents Act 1988 F61 .

• Dairy Produce Quota Tribunal for England and Wales constituted under regulation 7 of, and the Schedule to, the Dairy Produce Quotas (General Provisions) Regulations 2002 F62 .

• Dental Vocational Training Authority Appeal body established under regulation 5B National Health Service (General Dental Services) Regulations 1992 F63 .

• Employment Tribunals (England and Wales) and Employment Tribunals (Scotland) established under regulation 5 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 F64 .

• Employment Appeal Tribunal continued in existence under section 20 of the Employment Tribunals Act 1996 F65 .

• Financial Services and Markets Tribunal constituted under section 132 of the Financial Services and Markets Act 2000 F66 .

• Foreign Compensation Commission constituted under section 1 of the Foreign Compensation Act 1950 F67 .

• Horserace Betting Levy Appeal Tribunal for England and Wales constituted under section 29 of the Betting, Gaming and Lotteries Act 1963 F68 .

• Information Tribunal constituted under section 6 of the Data Protection Act 1998 F69 .

• Insolvency Practitioners Tribunal referred to in section 396 of the Insolvency Act 1986 F70 .

• Meat 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 F71 ,

  • regulation 6(2) of, and Schedule 21 to, the Fresh Meat (Hygiene and Inspection) Regulations 1995 F72 , or

  • regulation 5(2) of, and Schedule 12 to, the Wild Game Meat (Hygiene and Inspection) Regulations 1995 F73 .

• Mental Health Review Tribunals constituted under section 65 of, and Schedule 2 to, the Mental Health Act 1983 F74 .

• Misuse of Drugs Advisory Body constituted under section 16(1) of, and Part 2 of Schedule 3 to, the Misuse of Drugs Act 1971 F75 .

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

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

• 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 F76 .

• Ombudsman for the Board of the Pension Protection Fund appointed under section 209 of the Pensions Act 2004 F77 .

• Pensions Ombudsman established under section 145 of the Pension Schemes Act 1993 F78 .

• Pensions Regulator Tribunal constituted under section 102 of the Pensions Act 2004 F79 .

• Persons hearing consumer credit licensing appeals appointed under regulation 24 of the Consumer Credit Licensing (Appeals) Regulations 1998 F80 .

• Persons hearing estate agents' appeals appointed under regulation 19 of the Estate Agents (Appeals) Regulations 1981 F81 .

• Plant Varieties and Seeds Tribunal (referred to in section 42 of the Plant Varieties Act 1997 F82 ).

• Reference Committees constituted under section 27 of the Forestry Act 1967 F83 .

• Registered Inspectors of Schools Appeal Tribunals constituted under section 9 of, and Schedule 2 to, the Schools Inspections Act 1996 F84 .

• Rent Assessment Committees constituted under section 65 of, and Schedule 10 to, the Rent Act 1977 F85 and also known as Leasehold Valuation Tribunals for the purpose of determinations pursuant to section 21(1), (2) and (3) F86 of the Leasehold Reform Act 1967 F87 and continued as rent tribunals for the purpose of references pursuant to the provisions in Part V of the Rent Act 1977.

• Special Educational Needs and Disability Tribunal constituted under section 333 of the Education Act 1996 F88 .

• Traffic Commissioners appointed under section 4 of the Public Passenger Vehicles Act 1981 F89 .

• Valuation Tribunals continued in existence under regulation 3 of the Valuation and Community Charge Tribunals Regulations 1989 F90 .

Textual Amendments

F52 SI 2002/796 (NI 1).

F53 1947 c. 48; section 73 (1) amended or substituted by the Agriculture Act 1958, sections 8(1), Sch 1, Part I, para 3. Section 73(3) amended by the Agriculture Act 1958, s8(1), 10(1), Sch 1, Part I, para 3, Sch 3, Part I and substituted by the Agricultural Holdings Act 1986, s 100, Sch 14, para 18. Section 73(4) amended by the Agriculture Act 1958, ss 8(1), 10(1), Sch 1, Part I, para 3, Sch 3, Part I. Section 73(5) amended by the Agriculture Act 1958, ss 8(1), 10(1), Sch 1, Part I, para 3, Sch 3, Part I.

F54 1998 c. 14.

F55 1963 c. 2. Section 29(1) amended by the Horserace Betting Levy Act 1981, s 4(6), Sch, para 2. Section 29(2) amended by the Courts and Legal Services Act 1990, s 71(2), Sch 10, para 16 and by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 48. Section 29(2A) inserted by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 48.

F56 1939 c. 97. Section 109(1)amended by SI 1986/452, art 3, Sch 2, para 3(h), by SI 2001/3500, art 8, Sch 2, Pt I, para 4(b) andby the Courts and Legal Services Act 1990, s 71(2), Sch 10, para 4. Section 109(2) amended by SI 2001/3500, art 8, Sch 2, Pt I, para 4(b).

F57 1999 c. 14. Section 9(2) amended by the Care Standards Act 2000, s 116, Sch 4, para 26(1), (3)(a). Section 9(2) amended by the Criminal Justice and Court Services Act 2000, s 74, Sch 7, Pt II, paras 154, 157(a), the Education Act 2002, s 215(1), Sch 21, para 122(a), s 215(1), Sch 21, para 122(b), s 215(2), Sch 22, Pt 3 and s155, Sch 14, para 6 and the Criminal Justice and Court Services Act 2000, s 74, Sch 7, Pt II, paras 154, 157(d). Section 9(3A)-(3C) inserted by the Care Standards Act 2000, s 116, Sch 4, para 26(1), (3)(b).

F58 1992 c. 52.

F59 1965 c. 64. Section 17(1) amended by the Courts and Legal Services Act 1990, s 71(2), Sch 10, para 26. Section 17(1A) inserted with savings by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 26.

F60 2002 c. 40.

F61 1988 c. 48. Section 145(2) amended by SI 1999/678, art 2(1), Sch. Section 145(3) amended by the Courts and Legal Services Act 1990, s 71(2), Sch 10, para 73.

F62 SI 2002/458.

F63 SI 1992/661; amended by SI 1993/3172, reg 4.

F64 SI 2004/1861.

F65 1996 c. 17.

F66 2000 c. 8.

F67 1950 c. 12. Section 1(2) repealed by the Statute Law (Repeals) Act 1974. Section 1(3) amended by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 25. Section 1(3A) inserted by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 25. Section 1(4) repealed by the House of Commons Disqualification Act 1957, s 14(1), Sch 4, Part I.

F68 1963 c. 2. Section 29(1) amended by the Horserace Betting Levy Act 1981, s 4(6), Schedule, para 2. Section 29(2) amended by the Courts and Legal Services Act 1990, s 71(2), Sch 10, para 16 and by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 48. Section 29(2A) inserted by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 48.

F69 1998 c. 29. Section 6(1) amended by the Freedom of Information Act 2000, s 18(4), Sch 2, Pt I, para 13(1), (2). Section 6(3) amended by the Freedom of Information Act 2000, s 18(4), Sch 2, Pt I, para 13(1), (3). Section 6(4) amended by virtue of SI 1999/678, art 2(1), Schedule and by SI 2003/1887, art 9, Sch 2, para 9(1)(a). Section 6(6) amended by the Freedom of Information Act 2000, s 18(4), Sch 2, Pt II, para 16(a) and by the Freedom of Information Act 2000, s 18(4), Sch 2, Pt II, para 16(b).

F70 1986 c. 45.

F71 SI 1995/540. Schedule 15 para 2, 3 and 4 amended by SI 2000/656, reg 6(4), Sch 4, Pt IV, para 2, and by SSI 2000/62, reg 6(4), Sch 4, Pt IV, para 2.

F72 SI 1995/539. Schedule 21 para 2 amended by SI 2000/656, reg 6(3), Sch 4, Pt III, para 7, and SSI 2000/62, reg 6(3), Sch 4, Pt III, para 7 and by SI 1995/3189, reg 2(29). Schedule 21 para 2, 3 and 4 amended by SI 2000/656, reg 6(3), Sch 4, Pt III, para 2, and SSI 2000/62, reg 6(3), Sch 4, Pt III, para 2(1), (2).

F73 SI 1995/2148. Para 2: Schedule 12 paras 1, 2 and 3 amended by SI 2000/656, reg 6(6), Sch 4, Pt VI, para 2, and SSI 2000/62, reg 6(6), Sch 4, Pt VI, para 2.

F74 1983 c. 20. Section 65(1)–(1C) amended by the Health Authorities Act 1995, s 2(1), Sch 1, para 107(6). Schedule 2 para 2 amended by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 40. Schedule 2 para 2A inserted by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 40.

F75 1971 c. 38. Schedule 3, Part 2 para 13(1A) inserted by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 42(3).

F76 SI 2000/124.

F77 2004 c. 35. At the date on which this Order was made, section 209 of the Pensions Act 2004 was not in force.

F78 1993 c. 48. Section 145(1A)–(1C) inserted by the Pensions Act 2004, s 319(1), Sch 12, paras 9, 23. Section 145(2) amended by the Pensions Act 2004, s 274(1). Section 145(3) amended by the Pensions Act 2004, s 274(2). Section 145(4A)–(4C) inserted by the Pensions Act 1995, s 156. Section 145(5) amended by the Pensions Act 1995, ss 173, 177, Sch 6, para 7, Sch 7, Part IV.

F79 2004 c. 35. At the date on which this Order was made, section 102 of the Pensions Act 2004 was not in force.

F80 SI 1998/1203.

F81 SI 1981/1518.

F82 1997 c. 66.

F83 1967 c. 10. Section 27(1) amended by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (22)(a) and by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (22)(b). Section 27(2) amended by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (22)(b). Section 27(3) amended by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (9) and by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (22)(b). Section 27(4) amended by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (22)(c) and by SI 1999/1747, art 3, Sch 12, Pt II, para 4(1), (22)(d).

F84 1996 c. 57.

F85 1977 c. 42. Schedule 10 para 2 amended by the Housing Act 1980, s 152, Sch 25, para 56, Sch 26. Schedule 10 para 2A inserted by the Judicial Pensions and Retirement Act 1993, s 26, Sch 6, para 56. Schedule 10 para 5 amended by the Housing Act 1980, s 71(2). Schedule 10 para 6A inserted by the Housing Act 1980, s 71(2). Schedule 10 paras 8, 10 amended by the Housing Act 1996, ss 222, 227, Sch 18, para 22(1)(a), Sch 19, Part XIII. Para 8 amended by Housing Act 1980 s 152, Sch 25, para 56(b) and Sch 26. Schedule 10 para 7A inserted by the Housing Act 1980, s 148 and amended by the Housing Act 1996, ss 222, 227, Sch 18, para 22(1)(a), Sch 19, Part XIII. Schedule 10 para 9 amended by the Housing Act 1996, s 222, Sch 18, para 22(2). Schedule 10 para 10 amended by the Housing Act 1980, s 152, Sch 25, para 56, Sch 26.

F86 Repealed with savings by SI 2003/1986, articles 1(2), 2(c)(iv), Sch 1, Pt 1 and Sch 2, para 13.

F87 1967 c. 88. Section 21(1) amended by the Housing Act 1980, s 142, Sch 22. Section 21(1)(ba) inserted by the Housing Act 1996, ss 115, 116, Sch 11, para 1(2). Section 21(1)(cza) inserted by the Commonhold and Leasehold Reform Act 2002, s 149(2) and section 21(1)(ca) inserted by the Housing Act 1996, ss 115, 116, Sch 11, para 1(2). Section 21(2) amended by the Housing Act 1980, s 142, Sch 22.

F88 1996 c. 56. Section 333(1Z) inserted by the Education Act 2002, s 195, Sch 18, paras 1, 4. Section 333(1) amended by the Special Educational Needs and Disability Act 2001, s 42(1), Sch 8, Pt 1, paras 1, 2.

F89 1981 c. 14.

F90 SI 1989/439.

Valid from 05/09/1994

[F91 Schedule 4 U.K. Relevant Tribunals for Purposes of Section 5(7)

Textual Amendments

F91 Sch. 4 inserted (5.9.1994) by 1994 c. 14, s. 1(3)

• Tribunals constituted in Great Britain under regulations made under section 4 of the M13 Vaccine Damage Payments Act 1979.

• Child support appeal tribunals constituted under section 21 of the M14 Child Support Act 1991.

• Social security appeal tribunals constituted under section 41 of the M15 Social Security Administration Act 1992.

• Disability appeal tribunals constituted under section 43 of that Act.

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

Marginal Citations

M13 1979 c. 17.

M14 1991 c. 48.

M15 1992 c. 5.