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Absolute bar - Part II

This sets out the matters which are outside jurisdiction (“OUTS”) and matters which are within jurisdiction (“INS”) in schedule 5.

(The numbers in square brackets are the paragraph numbers used in the Schedule to the Act. The asterisks in the OUT paragraph indicate where there is a related matter in the IN paragraph. The reference in italics leads you to one of the following paragraphs).

Schedule 5 provides that the following matters are OUT

The commencement or conduct of civil or criminal proceedings before any Court of Law [1].

Action taken by a police authority in connection with the investigation or prevention of crime [2].

Action taken in matters relating to contractual or other commercial transactions [3] including those relating to:

  • the operation of public passenger transport
  • the carrying on of a dock or harbour undertaking**
  • the provision of entertainment
  • the provision and operation of industrial establishments and of markets [3(1)(d) and 3(1)(e))]*
  • the acquisition or disposal of moorings provided in connection with a dock or harbour undertaking [3(2)(b)]**

Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters [4].

Any action concerning:

  • the giving of instruction, whether secular or religious; or
  • conduct, curriculum, internal organisation, management or discipline, whether in any school or other educational establishment maintained by the authority except so far as relating to special educational needs. [5(2)(a)(b)].

Most action taken by the Commission for the New Towns or any development corporation established for the purposes of a new town [6].****

Most action taken by any urban development corporation established by an Order under s 135 of the Local Government Planning and Land Act 1980 [7]. *****

Most action taken by the Urban Regeneration Agency [8].******

Schedule 5 provides that the following matters are IN

Action taken in connection with:

  • transactions relating to the grant, renewal or revocation of a licence to occupy a pitch or stall in a fair or market, or the attachment of any condition to such a licence [3(4)(a)]* 
  • transactions for or relating to the acquisition or disposal of land [3(2)(a)] or the provision of moorings [3(2)(b)]** 
  • functions relating to housing by the Commission for the New Towns or any development corporation established for the purposes of a new town [6];****
  • functions in relation to town and country planning by any urban development corporation established by an order under s135 of the Local Government Planning and Land Act 1980 [7];*****
  • functions in relation to town and country planning by the Urban Regeneration Agency [8].******

Date Updated: 02/09/11