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SCHEDULES

Section 5.

SCHEDULE 1U.K. Words and Expressions Defined

Modifications etc. (not altering text)

C1Sch. 1 excluded in part (6.4.2003 with effect in accordance with s. 723(1) of the excluding Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 721(6)(b) (subject to Sch. 7)

Note: The years or dates which follow certain entries in this Schedule are relevant for the purposes of paragraph 4 of Schedule 2 (application to existing enactments).

DefinitionsU.K.

Textual Amendments

F1In Sch. 1 definition of "Act" inserted (1.7.1999) by 1998 c. 46, s. 125, Sch. 8 para. 16(3) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2

F2Sch. 1: definition of "British overseas territory" inserted (26.2.2002) by 2002 c. 8, s. 1(3)

F5Sch. 1: definition of "Charity Commission" substituted (14.3.2012) by Charities Act 2011 (c. 25), ss. 354, 355, Sch. 7 para. 35 (with s. 20(2), Sch. 8)

F6In Sch. 1 definition of "civil partnership" inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263(10), Sch. 27 para. 59; S.I. 2005/3175, art. 2(2)

F7Sch. 1: words repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), ss. 41, 332, 336(3)(4), Sch. 3 para. 49(a), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5); S.I. 2012/2574, art. 2(c)(d)(2)(3), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(d)(2)(3) (with arts. 3, 4)

F10In Sch. 1 in paragraph (b) of definition of "committed for trial" words repealed (1.4.2005) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 86, 87, Sch. 13; S.R. 2005/109, art. 2, Sch.

F14Words in Sch. 1 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 94; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F17In Sch. 1 definition of "Court of Judicature" inserted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59(5), 148(1), Sch. 11 para. 24(b); S.I. 2009/1604, art. 2

F18In Sch.1 definitions of "EEA agreement" and "EEA state" inserted (8.1.2007) by Legislative and Regulatory Reform Act 2006 (c. 51), ss. 26(1), 33

F19In Sch. 1 definition of "enactment" inserted (1.7.1999) by 1998 c. 46, s. 125, Sch. 8 para. 16(3) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2

F20In Sch. 1 definition of "Her Majesty's Revenue and Customs" inserted (7.4.2005 at 5.45 p.m.) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 4(3), 53; S.I. 2005/1126, art. 2

F21In Sch. 1 definition of "the immigration acts" inserted (30.3.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), s. 64(4)

F22Sch. 1: words in definition of "The Immigration Acts" substituted (30.10.2007) by UK Borders Act 2007 (c. 30), ss. 59(2), 61(4)

F24Sch. 1: words in definition of "London borough" substituted (1.11.2007 with application as mentioned in art. 1(1) of the commencing S.I.) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 22, 245, Sch. 1 para. 14; S.I. 2007/3136, art. 2 (subject to art. 3)

F27Sch. 1: definition of "Officer of a provider of probation services" inserted (1.4.2008) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 3 para. 2; S.I. 2008/504, art. 3(k)(l)

F28In Sch. 1 definition of "Officer of Revenue and Customs" inserted (7.4.2005 at 5.45 p.m.) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 2(7), 53; S.I. 2005/1126, art. 2

F29In Sch. 1 definitions of "PAYE income" and "PAYE regulations" inserted (6.4.2003 with effect as mentioned in s. 723(1)(a)(b) of amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), ss. 722, 723, Sch. 6 Pt. 2 para. 148 (subject to Sch. 7)

F32In Sch. 1 in definition of "police area" words substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 32

F35Sch. 1: definitions of "Police Service of Northern Ireland" and "Police Service of Northern Ireland Reserve" inserted (4.11.2001) by 2000 c. 32, s. 74, Sch. 6, para. 5; S.R. 2001/396, art. 2, Sch.

F36Sch. 1: definition of "Provider of probation services" inserted (1.4.2008) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 3 para. 2; S.I. 2008/504, art. 3(k)(l)

F37Sch. 1: definition of "registered" substituted by S.I. 2002/253, art. 54, Sch. 5 para. 7 (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I.)

F39Sch. 1: definition of "registered medical practitioner" substituted by S.I. 2002/3135, art. 16(1), Sch. 1 para. 10 (with transitional provisions in Sch. 2) (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I.)

F40Sch. 1: definition of "registered provider of social housing" inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 277, 325(1), Sch. 9 para. 5; S.I. 2010/862, arts. 1(2), 2 (subject to Sch.); and definition of "registered provider of social housing" and "private registered provider of social housing" immediately substituted (1.4.2010) for that definition by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), arts. 1(2), 6, Sch. 2 para. 1

F41In Sch. 1 definition of "Senior Courts" inserted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59(5), 148(1), Sch. 11 para. 24(b); S.I. 2009/1604, art. 2

F42In Sch. 1 definition of "sent for trial" inserted (9.5.2005 for specified purposes, 18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), ss. 41, 336(3), Sch. 3 Pt. 2 para. 49(b); S.I. 2005/1267, art. 2, Sch. Pt. 1 para. 1(1)(h); S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(c)(2)(3), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)

F47In Sch. 1 definition of "Supreme Court" substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59(5), 148(1), Sch. 11 para. 24(a); S.I. 2009/1604, art. 2

F49In Sch. 1 definitions of "trust of land" and "trustees of land" inserted (E.W.) (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 16 (with ss. 24(2), 25(4)(5)); S.I. 1996/2974, art. 2

F50Definition of "Wales" in Sch. 1 substituted (3.4.1995) by 1994 c. 19, s. 1(3), Sch. 2 para. 9 (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1995/852, art. 3, Sch. 1

Marginal Citations

M21947 C.A.M. No. 2.

F52 . . .U.K.

Textual Amendments

F52Entry repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15 (Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F53Entry repealed (E.W) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108 (6)(7) (Sch. 14 paras. 1(1), 27(4)) Sch.15; S.I. 1991/828, art. 3(2).

Construction of certain expressions relating to offencesU.K.

In relation to England and Wales—

(a)indictable offence” means an offence which, if committed by an adult, is triable on indictment, whether it is exclusively so triable or triable either way;

(b)summary offence” means an offence which, if committed by an adult, is triable only summarily;

(c)offence triable either way” means an offence [F54, other than an offence triable on indictment only by virtue of Part V of the Criminal Justice Act 1988] which, if committed by an adult, is triable either on indictment or summarily;

and the terms “indictable”, “summary” and “triable either way”, in their application to offences, are to be construed accordingly.

In the above definitions references to the way or ways in which an offence is triable are to be construed without regard to the effect, if any, of [F55section 22 of the Magistrates’ Courts Act 1980] on the mode of trial in a particular case.

F56[ Construction of certain references to relationshipsU.K.

In relation to England and Wales—

(a)references (however expressed) to any relationship between two persons;

(b)references to a person whose father and mother were or were not married to each other at the time of his birth; and

(c)references cognate with references falling within paragraph (b) above,

shall be construed in accordance with section 1 of the Family Law Reform Act 1987. [The date of the coming into force of that section]]

Modifications etc. (not altering text)

[F57Construction of certain expressions relating to the police: ScotlandU.K.

In relation to Scotland—

(a)references to a police force include references to the Police Service of Scotland;

(b)references to a chief officer of police include references to the chief constable of the Police Service of Scotland;

(c)police authority” means the Scottish Police Authority;

(d)the “police area” of the Police Service of Scotland is Scotland and references to a police force or police authority for any area include references to the Police Service of Scotland or, as the case may be, the Scottish Police Authority;

(e)references to a constable or chief constable of, or appointed for, any area are to be construed as references to a constable or, as the case may be, the chief constable of, or appointed for, the Police Service of Scotland.]

Sections 22, 23.

SCHEDULE 2U.K. Application of Act to Existing Enactments

Part IU.K. Acts

1U.K.The following provisions of this Act apply to Acts whenever passed:—

Textual Amendments

2U.K.The following apply to Acts passed after the year 1850:—

3U.K.The following apply to Acts passed after the year 1889:—

4(1)Subject to the following provisions of this paragraph—U.K.

(a)paragraphs of Schedule 1 at the end of which a year or date F59. . . is specified [F60or described] apply, so far as applicable, to Acts passed on or after the date, or after the year, so specified [F60or described]: and

(b)paragraphs of that Schedule at the end of which no year or date is specified [F60or described] apply, so far as applicable, to Acts passed at any time.

(2)The definition of “British Islands”, in its application to Acts passed after the establishment of the Irish Free State but before the commencement of this Act, includes the Republic of Ireland.

(3)The definition of “colony”, in its application to an Act passed at any time before the commencement of this Act, includes—

(a)any colony within the meaning of section 18(3) of the M24Interpretation Act 1889 which was excluded, but in relation only to Acts passed at a later time, by any enactment repealed by this Act;

(b)any country or territory which ceased after that time to be part of Her Majesty’s dominions but subject to a provision for the continuation of existing law as if it had not so ceased;

and paragraph (b) of the definition does not apply.

(4)The definition of “Lord Chancellor” does not apply to Acts passed before 1st October 1921 in which that expression was used in relation to Ireland only.

(5)The definition of “person”, so far as it includes bodies corporate, applies to any provision of an Act whenever passed relating to an offence punishable on indictment or on summary conviction.

(6)This paragraph applies to F61. . . the M25Water Act 1973 as if they were passed after 1st April 1974.

5U.K.The following definitions shall be treated as included in Schedule 1 for the purposes specified in this paragraph—

(a)in any Act passed before 1st April 1974, a reference to England includes Berwick upon Tweed and Monmouthshire and, in the case of an Act passed before the M26Welsh Language Act 1967, Wales;

(b)in any Act passed before the commencement of this Act and after the year 1850, “land” includes messuages, tenements and hereditaments, houses and buildings of any tenure;

(c)in any Act passed before the commencement of the M27Criminal Procedure (Scotland) Act 1975, “the Summary Jurisdiction (Scotland) Acts” means Part II of that Act.

Marginal Citations

Part IIU.K. Subordinate Legislation

6U.K.Sections 4(a), 9 and 19(1), and so much of Schedule 1 as defines the following expressions, namely—

apply to subordinate legislation made at any time before the commencement of this Act as they apply to Acts passed at that time.

7U.K.The definition in Schedule 1 of “county court”, in relation to England and Wales, applies to Orders in Council made after the year 1846.

Section 25.

X1SCHEDULE 3U.K. ENACTMENTS REPEALED

Editorial Information

X1The text of s. 25(1), Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any repeals or amendments which may have been made prior to 1.2.1991