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Sch. 1 excluded (E.W.S.) (1.4.1994) by 1993 c. 43, s. 125(6); S.I. 1994/571, art. 5 (with art. 7) (which exclusion was repealed (18.7.1996) by 1996 c. 42, s. 8(2)(3))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

F154...

Agricultural Wages Committees.

F191The Animal Sentience Committee.

Organisation known as the “National Farm Survey”.

Official seed testing station for England and Wales.

F190Department for Science, Innovation and Technology

Meteorological Office.

F5...

F6...

F7Department of Health

National Health Service Authorities F8including F146F186NHS EnglandF183, integrated care boards,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).

F180Commissioner for Patient Safety.

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 F147F186NHS EnglandF184, an integrated care board, 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,F187... or held by F148F186NHS EnglandF184, an integrated care board 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 F149by virtue of section 2 and section 13X of, or F185paragraph 23 of Schedule 1B 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

F153...

C2C6PART II

OTHER ESTABLISHMENTS AND ORGANISATIONS

  • F37...

  • F188Advanced Research and Invention Agency.

  • Anglo-Egyptian Resettlement Board.

  • F38Armouries

  • F174...

  • F39The Big Lottery Fund.

  • F40The Board of the Pension Protection Fund.

  • F41The Board of Trustees of the National Museums and Galleries on Merseyside.

  • F42British Coal Corporation

  • F43British Council.

  • British Museum (including the Natural History Museum).

  • F44Care Council for Wales.

  • F45The Care Quality Commission F145and the Healthwatch England committee.

  • Catering Wages Commission.

  • F46Central Police Training and Development Authority

  • F47Child Maintenance and Enforcement Commission.

  • F143...

  • F48Civil Nuclear Police Authority.

  • F49Coal Authority

  • Coal Industry Social Welfare Organisation.

  • F50Commission for Architecture and the Built Environment.

  • F51The Commission for Equality and Human Rights.

  • F52...

  • F53...

  • F54Commission on Industrial Relations

  • F55Commission for Patient and Public Involvement in Health.

  • F56Commission for Rural Communities.

  • F57...

  • F58The Committee on Climate Change.

  • F136 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).

  • F157Competition and Markets Authority.

  • F161...

  • F59Competition Service

  • F132Compliance Officer for the Independent Parliamentary Standards Authority.

  • F60...

  • F61Consumer Council for Water.

  • F150...

  • F62...

  • F63Criminal Cases Review Commission

  • F64Crown 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.

  • F65Crown Agents Holding and Realisation Board.

  • C3F66...

  • F67...

  • F68A development agency established under section 1 of the Regional Development Agencies Act 1998.

  • Development Commission.

  • F171...

  • F69...

  • F174...

  • F70Electoral Commission.

  • F71...

  • F174...

  • F72...

  • F73The Environment Agency

  • C3F74 Funding Agency for Schools

  • F75Further Education Funding Council for England.

  • F76...

  • F155Gambling Commission.

  • F167Gangmasters and Labour Abuse Authority

  • F60...

  • F77General Social Care Council.

  • F142...

  • F78General Teaching Council for Wales.

  • F189...

  • F165Health Research Authority.

  • F193Health Services Safety Investigations Body (except for any record that is prohibited from being disclosed by section 122 of the Health and Care Act 2022).

  • F172...

  • F79...

  • F80Historic Buildings and Monuments Commission for England

  • F81The Homes and Communities Agency.

  • F82Human Tissue Authority.

  • Imperial War Museum.

  • F179Independent Monitoring Authority for the Citizens’ Rights Agreements.

  • F169Independent Office for Police Conduct.

  • F83The Independent Parliamentary Standards Authority.

  • F84Information Commissioner.

  • F85Infrastructure Planning Commission.

  • Irish Sailors’ and Soldiers’ Land Trust.

  • F131...

  • F86The Legal Services Board.

  • F87The Legal Services Consultative Panel.

  • F137...

  • F88Local Better Regulation Office.

  • F130Local Government Boundary Commission for England.

  • London Museum.

  • F89The Lord Chancellor’s Advisory Committee on Legal Education and Conduct

  • F90...

  • F126The Marine Management Organisation.

  • F174F91Medical Research Council.

  • F92...

  • F178Money and Pensions Service.

  • F93...

  • F94National Audit Office

  • F52...

  • F175The National Citizen Service Trust.

  • F176The National Data Guardian for Health and Social Care.

  • F95...

  • F162...

  • National Gallery.

  • F92...

  • F156...

  • National Maritime Museum.

  • F72...

  • F158...

  • National Portrait Gallery.

  • National Savings Committee.

  • F96Natural England.

  • F174...

  • F97...

  • F92...

  • F98Nuclear Decommissioning Authority.

  • F99Occupational Pensions Regulatory Authority.

  • F134Office for Budget Responsibility.

  • F100Office of Communications.

  • F101...

  • F161...

  • F182The Office for Environmental Protection.

  • F127The Office of the Health Professions Adjudicator.

  • F102The Office for Legal Complaints.

  • F160Office for Nuclear Regulation

  • F168Office for Students.

  • F138...

  • F164...

  • F103Olympic Lottery Distributor.

  • F104The Ombudsman for the Board of the Pension Protection Fund.

  • F128Passengers’ Council.

  • F105Pensions Compensation Board.

  • F106Pensions Ombudsman.

  • F107The Pensions Regulator.

  • F152...

  • F108Police Information Technology Organisation

  • F135....

  • F135...

  • F136A Post Office company within the meaning of Part 1 of the Postal Services Act 2011.

  • F151The Professional Standards Authority for Health and Social Care

  • F140...

  • F109...

  • F110Rail Passengers’ Committees.

  • F129...

  • F163The Registrar of Consultant Lobbyists

  • F173The Regulator of Social Housing

  • Remploy Limited.

  • F111Royal Botanic Gardens, Kew

  • Royal Greenwich Observatory.

  • F136A Royal Mail company within the meaning of Part 1 of the Postal Services Act 2011.

  • C3F112School Curriculum and Assessment Authority

  • C3F113...

  • F114Science Museum

  • F192Service Police Complaints Commissioner.

  • F115Security Industry Authority.

  • F159...

  • F116...

  • F117...

  • F118The Simpler Trade Procedures Board.

  • F177...

  • F144Social Mobility and Child Poverty Commission

  • F166A strategic highways company for the time being appointed under Part 1 of the Infrastructure Act 2015.

  • Tate Gallery.

  • F119...

  • F174...

  • F181Trade Remedies Authority.

  • F120Traffic Director for London

  • F139...

  • F121...

  • F133The trustee corporation established by section 75 of the Pensions Act 2008.

  • Trustee Savings Banks Inspection Committee.

  • United Kingdom Atomic Energy Authority.

  • F170United Kingdom Research and Innovation.

  • University Grants Committee.

  • F122Valuation Tribunal Service.

  • F123Victoria and Albert Museum

  • Wallace Collection.

  • War Works Commission.

  • F141...

  • 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 F124....

F1253A

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.