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Part VU.K. Miscellaneous and supplemental

SupplementalU.K.

81 General interpretation.U.K.

(1)In this Act—

(2)In this Act—

(a)references to crime are references to conduct which constitutes one or more criminal offences or is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom would constitute one or more criminal offences; and

(b)references to serious crime are references to crime that satisfies the test in subsection (3)(a) or (b).

(3)Those tests are—

(a)that the offence or one of the offences that is or would be constituted by the conduct is an offence for which a person who has attained the age of twenty-one and has no previous convictions could reasonably be expected to be sentenced to imprisonment for a term of three years or more;

(b)that the conduct involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose.

(4)In this Act “criminal proceedings” includes—[F8 proceedings before a court in respect of a service offence within the meaning of the Armed Forces Act 2006,] and references in this Act to criminal prosecutions shall be construed accordingly.

(5)For the purposes of this Act detecting crime shall be taken to include—

(a)establishing by whom, for what purpose, by what means and generally in what circumstances any crime was committed; and

(b)the apprehension of the person by whom any crime was committed;

and any reference in this Act to preventing or detecting serious crime shall be construed accordingly, except that, in Chapter I of Part I, it shall not include a reference to gathering evidence for use in any legal proceedings.

(6)In this Act—

(a)references to a person holding office under the Crown include references to any servant of the Crown and to any member of Her Majesty’s forces; and

(b)references to a member of a police force, in relation to the [F9Royal Navy Police], the Royal Military Police or the Royal Air Force Police, do not include references to any member of [F10that force who is not for the time being attached to or serving either with that force or with another of those police forces].

(7)If it appears to the Secretary of State that it is necessary to do so in consequence of any changes to the structure or grading of the [F11statutory civil service (or any part of it)], he may by order make such amendments of the definition of “senior official” in subsection (1) as appear to him appropriate to preserve, so far as practicable, the effect of that definition.

[F12(8) In subsection (7) “the statutory civil service” means—

(a)the civil service within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 (see section 1(4) of that Act), but

(b)also includes the Government Communications Headquarters.]

[F13(9)References in this Act to provision which, if it were contained in an Act of the Northern Ireland Assembly, would deal with a Northern Ireland transferred matter or (as the case may be) a transferred matter (see sections 23A(7)(b), 32A(8)(c) and 77B(3)) do not include references to any such provision which would be ancillary to other provision (whether in the Act of the Northern Ireland Assembly or previously enacted) which deals with an excepted or reserved matter (within the meaning given by section 4(1) of the Northern Ireland Act 1998).]

Textual Amendments

F1S. 81(1): definition of "customs officer" repealed (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 92, 94, Sch. 12 para. 27, Sch. 14; S.I. 2008/219, art. 2(d)(ii)

F2S. 81(1): words in the definition of "Her Majesty's forces" substituted (28.3.2009 for certain purposes, otherwise 30.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 175(2)(a); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F3S. 81(1): definition inserted (1.4.2005) by 2002 c. 26, ss. 10, 87, Sch. 4 para. 40; S.R. 2005/109, art. 2, Sch.

F4S. 81(1): words in the definition of "legal proceedings" inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 175(2)(b); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F6S. 81(1): words in the definition of "police force" substituted (4.6.2007) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 175(2)(c); S.I. 2007/1442, art. 2(1)

F7S. 81(1): words in the definition of "wireless telegraphy" substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 123, 126, Sch. 7 para. 24

F8S. 81(4): words substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) for s. 81(4)(a)-(c) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 175(3); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C1S. 81(5) applied (25.9.2000) by 1989 c. 5, s. 1(5) (as inserted (25.9.200) by 2000 c. 23, ss. 82, 83(2), Sch. 4 para. 4(1))

S. 81(5) applied (25.9.2000) by 1994 c. 13, s. 11(1A) (as inserted (25.9.2000) by 2000 c. 23, ss. 82, 83(2), Sch. 4 para. 6 (with s. 82(3)))

C3S. 81(5) applied (24.12.2008) by Counter-Terrorism Act 2008, (c. 28), {ss. 21(4)}, 91, 100 (with s. 101(2)); S.I. 2008/3296, art. 2

Marginal Citations