Interpretation Act 1978

SCHEDULES

Section 5.

SCHEDULE 1 U.K. Words and Expressions Defined

Modifications etc. (not altering text)

C1 Sch. 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).

Definitions U.K.

• • [F1 “Act” means an Act of Parliament.]

  • “Associated state” means a territory maintaining a status of association with the United Kingdom in accordance with the M1 West Indies Act 1967. [16th February 1967]

  • “Bank of England” means, as the context requires, the Governor and Company of the Bank of England or the bank of the Governor and Company of the Bank of England.

  • “Bank of Ireland” means, as the context requires, the Governor and Company of the Bank of Ireland or the bank of the Governor and Company of the Bank of Ireland.

  • “British Islands” means the United Kingdom, the Channel Islands and the Isle of Man. [1889]

  • [F2 “British overseas territory” has the same meaning as in the British Nationality Act 1981;]

  • “British possession” means any part of Her Majesty’s dominions outside the United Kingdom; and where parts of such dominions are under both a central and a local legislature, all parts under the central legislature are deemed, for the purposes of this definition, to be one British possession. [1889]

  • F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “Building regulations”, in relation to England and Wales, [F4 has the meaning given by section 122 of the Building Act 1984]

  • “Central funds”, in an enactment providing in relation to England and Wales for the payment of costs out of central funds, means money provided by Parliament.

  • [F5 “Charity Commission” means the Charity Commission for England and Wales (see section 13 of the Charities Act 2011).]

  • “Church Commissioners” means the Commissioners constituted by the M2 Church Commissioners Measure 1947.

  • [F6 “Civil partnership” means a civil partnership which exists under or by virtue of the Civil Partnership Act 2004 (and any reference to a civil partner is to be read accordingly).]

  • “Colonial legislature”, and “legislature” in relation to a British possession, mean the authority, other than the Parliament of the United Kingdom or Her Majesty in Council, competent to make laws for the possession. [1889]

  • “Colony” means any part of Her Majesty’s dominions outside the British Islands except—

    (a)

    countries having fully responsible status within the Commonwealth;

    (b)

    territories for whose external relations a country other than the United Kingdom is responsible;

    (c)

    associated states:

    and where parts of such dominions are under both a central and a local legislature, all parts under the central legislature are deemed for the purposes of this definition to be one colony. [1889]

  • “Commencement”, in relation to an Act or enactment, means the time when the Act or enactment comes into force.

  • “Committed for trial” means—

    (a)

    [F7 in relation to England and Wales, committed in custody or on bail by a magistrates’ court pursuant to [F8 section 6 of the Magistrates’ Courts Act 1980], or by any judge or other authority having power to do so, with a view to trial before a judge and jury; [1889]]

    (b)

    in relation to Northern Ireland, committed in custody or on bail by a magistrates’ court pursuant to [F9 Article 37 of the Magistrates’ Courts (Northern Ireland) Order 1981], or by a court, judge, resident magistrate F10 . . . or other authority having power to do so, with a view to trial on indictment. [1st January 1979]

  • [F11 “The EU” or “the EU Treaties”] and other expressions defined by section 1 of and Schedule 1 to the M3 European Communities Act 1972 have the meanings prescribed by that Act.

  • “Comptroller and Auditor General” means the Comptroller-General of the receipt and issue of Her Majesty’s Exchequer and Auditor-General of Public Accounts F12 . . . .

  • “Consular officer” has the meaning assigned by Article 1 of the Vienna Convention set out in Schedule 1 to the M4 Consular Relations Act 1968.

  • [F13 “The Corporation Tax Acts” means the enactments relating to the taxation of the income and chargeable gains of companies and of company distributions (including provisions relating to income tax);]

  • “County court” means—

    (a)

    in relation to England and Wales, [F14 the county court established under section A1 of] [F15 the County Courts Act 1984]; [1846]

    (b)

    in relation to Northern Ireland, a court held [F16 for a division] under the County Courts [F17 (Northern Ireland) Order 1980]. [1889]

  • “Court of Appeal” means—

    (a)

    in relation to England and Wales, Her Majesty’s Court of Appeal in England;

    (b)

    in relation to Northern Ireland, Her Majesty’s Court of Appeal in Northern Ireland.

  • [F18 “Court of Judicature” means the Court of Judicature of Northern Ireland.]

  • “Court of summary jurisdiction”, “summary conviction” and “Summary Jurisdiction Acts”, in relation to Northern Ireland, have the same meanings as in Measures of the Northern Ireland Assembly and Acts of the Parliament of Northern Ireland.

  • “Crown Court” means—

    (a)

    in relation to England and Wales, the Crown Court constituted by section 4 of the M5 Crown Courts Act 1971;

    (b)

    in relation to Northern Ireland, the Crown Court constituted by section 4 of the M6 Judicature (Northern Ireland) Act 1978.

  • “Crown Estate Commissioners” means the Commissioners referred to in section 1 of the M7 Crown Estate Act 1961.

  • [F19 “EEA agreement” means the agreement on the European Economic Area signed at Oporto on 2nd May 1992, together with the Protocol adjusting that Agreement signed at Brussels on 17th March 1993, as modified or supplemented from time to time. [The date of the coming into force of this paragraph.]

  • “EEA state”, in relation to any time, means—

    (a)

    a state which at that time is a member State; or

    (b)

    any other state which at that time is a party to the EEA agreement. [The date of the coming into force of this paragraph.]]

  • [F20 “Enactment” [F21 includes any retained direct EU legislation but] does not include an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.]

  • “England” means, subject to any alteration of boundaries under Part IV of the M8 Local Government Act 1972, the area consisting of the counties established by section 1 of that Act, Greater London and the Isles of Scilly. [1st April 1974].

  • “Financial year” means, in relation to matters relating to the Consolidated Fund, the National Loans Fund, or moneys provided by Parliament, or to the Exchequer or to central taxes or finance, the twelve months ending with 31st March. [1889]

  • “Governor-General” includes any person who for the time being has the powers of the Governor-General, and “Governor”, in relation to any British possession, includes the officer for the time being administering the government of that possession. [1889]

  • [F22 “Her Majesty’s Revenue and Customs” has the meaning given by section 4 of the Commissioners for Revenue and Customs Act 2005.]

  • “High Court” means—

    (a)

    in relation to England and Wales, Her Majesty’s High Court of Justice in England;

    (b)

    in relation to Northern Ireland, Her Majesty’s High Court of Justice in Northern Ireland.

  • [F23 “The Immigration Acts” has the meaning given by [F24 section 61 of the UK Borders Act 2007].]

  • “The Income Tax Acts” means all enactments relating to income tax, including any provisions of the Corporation Tax Acts which relate to income tax.

  • “Land” includes building and other structures, land covered with water, and any estate, interest, easement, servitude or right in or over land. [1st January 1979].

  • “Lands Clauses Acts” means—

    (a)

    in relation to England and Wales, the M9 Lands Clauses Consolidation Act 1845 and the M10 Lands Clauses Consolidation Acts Amendment Act 1860, and any Acts for the time being in force amending those Acts; [1889]

    (b)

    in relation to Scotland, the M11 Lands Clauses Consolidation (Scotland) Act 1845 and the M12 Lands Clauses Consolidation Acts Amendment Act 1860, and any Acts for the time being in force amending those Acts; [1889]

    (c)

    in relation to Northern Ireland, the enactments defined as such by section 46(1) of the M13 Interpretation Act Northern Ireland) 1954. [1889]

  • “Local land charges register”, in relation to England and Wales, means [F25 the register] kept pursuant to section 3 of the M14 Local Land Charges Act 1975, F26 ...

  • [F27 “Local policing body” has the meaning given by section 101(1) of the Police Act 1996.]

  • “London borough” means a borough described in Schedule 1 to the M15 London Government Act 1963, “inner London borough” means one of the boroughs so described and numbered from 1 to 12 and “outer London borough” means one of the boroughs so described and numbered from 13 to 32, subject (in each case) to any alterations made under Part IV of the M16 Local Government Act 1972 [F28 , Part 2 of the Local Government Act 1992 or Part 1 of the Local Government and Public Involvement in Health Act 2007].

  • “Lord Chancellor” means the Lord High Chancellor of Great Britain.

  • “Magistrates’ court” has the meaning assigned to it—

    (a)

    in relation to England and Wales, by [F29 section 148 of the Magistrates’ Courts Act 1980];

    (b)

    in relation to Northern Ireland, by [F30 Article 2(2) of the Magistrates’ Courts (Northern Ireland) Order 1981].

  • “Month” means calendar month. [1850]

  • “National Debt Commissioners” means the Commissioners for the Reduction of the National Debt.

  • “Northern Ireland legislation” has the meaning assigned by section 24(5) of this Act. [1st January 1979]

  • “Oath” and “affidavit” include affirmation and declaration, and “swear” includes affirm and declare.

  • [F31 “Officer of a provider of probation services” in relation to England and Wales, has the meaning given by section 9(1) of the Offender Management Act 2007;” and]

  • [F32 “Officer of Revenue and Customs” has the meaning given by section 2(1) of the Commissioners for Revenue and Customs Act 2005.]

  • “Ordnance Map” means a map made under powers conferred by the M17 Ordnance Survey Act 1841 or the M18 Boundary Survey (Ireland) Act 1854.

  • “Parliamentary Election” means the election of a Member to serve in Parliament for a constituency. [1889]

  • [F33 “PAYE income” has the meaning given by section 683 of the Income Tax (Earnings and Pensions) Act 2003.

  • “PAYE regulations” means regulations under section 684 of that Act.]

  • “Person” includes a body of persons corporate or unincorporate. [1889]

  • [F34 “Police and crime commissioner” means a police and crime commissioner established under section 1 of the Police Reform and Social Responsibility Act 2011.]

  • “Police area” F35 . . . and other expressions relating to the police have the meaning or effect described—

    (a)

    in relation to England and Wales, by [F36 section 101(1) of the Police Act 1996];

    (b)

    F37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F39 “Police Service of Northern Ireland” and “Police Service of Northern Ireland Reserve” have the same meaning as in the Police (Northern Ireland) Act 2000;]

  • “The Privy Council” means the Lords and others of Her Majesty’s Most Honourable Privy Council.

  • [F40 “Provider of probation services”, in relation to England and Wales, has the meaning given by section 3(6) of the Offender Management Act 2007;”.]

  • [F41 “Registered” in relation to nurses, to midwives or to nursing associates, means registered in the register maintained under article 5 of the Nursing and Midwifery Order 2001 by virtue of a qualification which is an approved qualification for the purposes of registration in the relevant part of that register.]

  • [F42 “Registered medical practitioner” means a fully registered person within the meaning of the Medical Act 1983 who holds a licence to practise under that Act.]

  • [F43 “Registered provider of social housing” and “private registered provider of social housing” have the meanings given by section 80 of the Housing and Regeneration Act 2008 (and “non-profit” and “profit-making” in connection with a registered provider are to be read in accordance with section 115 of that Act).]

  • “Rules of Court” in relation to any court means rules made by the authority having power to make rules or orders regulating the practice and procedure of that court, and in Scotland includes Acts of Adjournal and Acts of Sederunt; and the power of the authority to make rules of court (as above defined) includes power to make such rules for the purpose of any Act which directs or authorises anything to be done by rules of court. [1889]

  • “Secretary of State” means one of Her Majesty’s Principal Secretaries of State.

  • [F44 “Senior Courts” means the Senior Courts of England and Wales.]

  • [F45 “Sent for trial” means, in relation to England and Wales, sent by a magistrates' court to the Crown Court for trial pursuant tosection 51 or 51A of the Crime and Disorder Act 1998.]

  • [F46 “Sewerage undertaker”, in relation to England and Wales, shall be construed in accordance with section 6 of the Water Industry Act 1991].

  • [F47 “Sheriff” is to be construed in accordance with section 134(2) and (3) of the Courts Reform (Scotland) Act 2014.]

  • [F48 “The standard scale”, with reference to a fine or penalty for an offence triable only summarily,—

    (a)

    in relation to England and Wales, has the meaning given by section 37 of the M19 Criminal Justice Act 1982;

    (b)

    in relation to Scotland, has the meaning given by section 225(1) of the Criminal Procedure (Scotland) Act 1995;

    (c)

    in relation to Northern Ireland, has the meaning given by Article 5 of the M20 Fines and Penalties (Northern Ireland) Order 1984.]

  • “Statutory declaration” means a declaration made by virtue of the M21 Statutory Declarations Act 1835.

  • [F49 “Statutory maximum”, with reference to a fine or penalty on summary conviction for an offence,—

    (a)

    in relation to England and Wales, means the prescribed sum within the meaning of section 32 of the M22 Magistrates’ Courts Act 1980;

    (b)

    in relation to Scotland, means the prescribed sum within the meaning of section 225(8) of the Criminal Procedure (Scotland) Act 1995]; and

    (c)

    in relation to Northern Ireland, means the prescribed sum within the meaning of Article 4 of the Fines and Penalties (Northern Ireland) Order 1984.

  • [F50 “Supreme Court” means the Supreme Court of the United Kingdom.]

  • [F51 “The Tax Acts” means the Income Tax Acts and the Corporation Tax Acts.]

  • “The Treasury” means the Commissioners of Her Majesty’s Treasury.

  • [F52 “Trust of land” and “trustees of land”, in relation to England and Wales, have the same meanings as in the Trusts of Land and Appointment of Trustees Act 1996.]

  • “United Kingdom” means Great Britain and Northern Ireland. [12th April 1927]

  • [F53 “Wales” means the combined area of the counties which were created by section 20 of the M23 Local Government Act 1972, as originally enacted, but subject to any alteration made under section 73 of that Act (consequential alteration of boundary following alteration of watercourse).]

  • [F54 “Water undertaker”, in relation to England and Wales, shall be construed in accordance with section 6 of the Water Industry Act 1991].

  • “Writing” includes typing, printing, lithography, photography and other modes of representing or reproducing words in a visible form, and expressions referring to writing are construed accordingly.

Textual Amendments

F1 In 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

F2 Sch. 1: definition of "British overseas territory" inserted (26.2.2002) by 2002 c. 8, s. 1(3)

F3 Entry repealed by British Nationality Act 1981 (c. 61, SIF 87), s. 52(8), Sch. 9

F4 Words substituted by Building Act 1984 (c. 55, SIF 15), s. 133(1), Sch. 6 para. 19

F5 Sch. 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)

F6 In 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)

F7 Sch. 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)

F8 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 169(a)

F9 Words substituted by S.I. 1981/1675 (N.I. 26), s. 170(2), Sch. 6 para. 56(a)

F10 In 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.

F11 Words in Sch. 1 substituted (1.12.2009) by European Union (Amendment) Act 2008 (c. 7), s. 8(1), Sch. Pt. 2; S.I. 2009/3143, art. 2

F12 Words in Sch. 1 repealed (1.4.2012) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 5 para. 12; S.I. 2011/2576, art. 5

F13 Definition substituted by Finance Act 1987 (c. 16, SIF 63:1), ss. 2(8), 71, Sch. 15 para. 12

F14 Words 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)

F15 Words substituted by County Courts Act 1984 (c. 28, SIF 34), s. 148(1), Sch. 2 Pt. V para. 68

F16 Words in Sch. 1 repealed (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 75, Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

F17 Words substituted by S.I. 1980/397 (N.I. 3), Sch. 1 Pt. II

F18 In 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

F19 In 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

F20 In 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

F21 Words in Sch. 1 inserted (4.7.2018 for specified purposes) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 8 para. 22(d) (with s. 19, Sch. 7 para. 26, Sch. 8 para. 37); S.I. 2018/808, reg. 3(g)(iii)

F22 In 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

F23 In Sch. 1 definition of "the immigration acts" inserted (30.3.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), s. 64(4)

F24 Sch. 1: words in definition of "The Immigration Acts" substituted (30.10.2007) by UK Borders Act 2007 (c. 30), ss. 59(2), 61(4)

F25 Words in Sch. 1 substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 34(a) (with Sch. 5 Pt. 4)

F26 Words in Sch. 1 omitted (12.4.2015) by virtue of Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 34(b) (with Sch. 5 Pt. 4)

F27 Sch. 1: definition inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 97(2), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F28 Sch. 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)

F29 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 169(b)

F30 Words substituted by S.I. 1981/1675 (N.I. 26), s. 170(2), Sch. 6 para. 56(b)

F31 Sch. 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)

F32 In 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

F33 In 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)

F34 Words in Sch. 1 inserted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 97(3), 157(1); S.I. 2012/2892, art. 2(a)

F35 Sch. 1: words omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 97(4), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F36 In 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

F37 Words in Sch. 1 omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 15(2)(a)

F38 Words in Sch. 1 omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 15(2)(b)

F39 Sch. 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.

F40 Sch. 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)

F41 Words in Sch. 1 substituted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 3 para. 1

F42 Sch. 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.)

F43 Sch. 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

F44 In 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

F45 In 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)

F46 Definition inserted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 25 para. 55(2), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F47 Words in Sch. 1 substituted (1.4.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions and Modifications) Order 2015 (S.I. 2015/700), art. 1(11)(h), Sch. para. 10

F48 Definition inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), 170(1), Sch. 8 para. 16, Sch. 15 para. 58(a)

F49 Definition inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), 170(1), Sch. 8 para. 16, Sch. 15 para. 58(b)

F50 In 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

F51 Definition substituted by Finance Act 1987 (c. 16, SIF 63:1), ss. 2(8), 71, Sch. 15 para. 12

F52 In 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

F53 Definition 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

F54 Definition substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 25 para. 55(3), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

Marginal Citations

M1 1967 c. 4.

M2 1947 C.A.M. No. 2.

M3 1972 c. 68.

M4 1968 c. 18.

M5 1971 c. 23.

M6 1978 c. 23.

M7 1961 c. 55.

M8 1972 c. 70.

M9 1845 c. 18.

M10 1860 c. 106.

M11 1845 c. 19.

M12 1860 c. 106.

M13 1954 c. 33 (N.I.)

M14 1975 c. 76.

M15 1963 c. 33.

M16 1972 c. 70.

M17 1841 c. 30.

M18 1854 c. 17.

M19 1982 c. 48 (39:1).

M20 S.I. 1984/703 (N.I. 3).

M21 1835 c. 62.

M22 1980 c. 43 (82).

M23 1972 c. 70.

F55 . . . U.K.

Textual Amendments

F55 Entry 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)

F56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56 Entry 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 offences U.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 [F57 , 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 [F58 section 22 of the Magistrates’ Courts Act 1980] on the mode of trial in a particular case.

Textual Amendments

F57 Words inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), 170, Sch. 8 para. 16, Sch. 15 para. 59

F58 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 169(c)

[F59 Construction of certain references to relationships U.K.

Textual Amendments

F59 Entry added (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(2), Sch. 2 para. 73, Sch. 3 paras. 1, 6

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 [F60 , or civil partners of,] 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]]

Textual Amendments

F60 Words in Sch. 1 inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 6

Modifications etc. (not altering text)

C2 Paragraph excluded by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 831(4)

[F61 Construction of certain expressions relating to the police: Scotland U.K.

Textual Amendments

F61 Words in Sch. 1 inserted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 15(3)

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.]

[F62 Definitions relating to the EU and the United Kingdom's withdrawal U.K.

Textual Amendments

F62 Words in Sch. 1 inserted (4.7.2018 for specified purposes) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 8 para. 22(e) (with s. 19, Sch. 7 para. 26, Sch. 8 para. 37); S.I. 2018/808, reg. 3(g)(iv)

• “The Communities” means Euratom, the Economic Community and the Coal and Steel Community, but a reference to any or all of those Communities is to be treated as being or including (as the context requires) a reference to the EU.

• “E.C.S.C. Treaty” means the Treaty establishing the European Coal and Steel Community, signed at Paris on 18 April 1951.

• “EEA agreement” means the agreement on the European Economic Area signed at Oporto on 2 May 1992, together with the Protocol adjusting that Agreement signed at Brussels on 17 March 1993, as modified or supplemented from time to time, but does not include any retained direct EU legislation. [8 January 2007]

• “EEA state”, in relation to a time, means—

  (a)

  a state which at that time is a member State, or

  (b)

  any other state which at that time is a party to the EEA agreement. [8 January 2007]

• “E.E.C. Treaty” means the Treaty establishing the European Economic Community, signed at Rome on 25 March 1957.

• “Entry date” means the date on which the United Kingdom became a member of the Communities (which neither includes nor is a reference to the EU).

• “The EU” or “the European Union” means the European Union, being the Union established by the Treaty on European Union signed at Maastricht on 7 February 1992 (as amended by any later Treaty); and includes, so far as the context permits or requires, Euratom.

• “EU institution” means any institution of the EU.

• “EU instrument” means any instrument issued by an EU institution other than any retained direct EU legislation.

• “Euratom”, “Economic Community” and “Coal and Steel Community” mean respectively the European Atomic Energy Community, the European Economic Community and the European Coal and Steel Community (but see the definition of “the Communities” for provision as to the construction of references to those Communities).

• “Euratom Treaty” means the Treaty establishing the European Atomic Energy Community, signed at Rome on 25 March 1957.

• “European Court” means the Court of Justice of the European Union.

• [F63 “EU withdrawal agreement” means the withdrawal agreement within the meaning of the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) and (6) of that Act).]

• “Exit day” (and related expressions) have the same meaning as in the European Union (Withdrawal) Act 2018 (see section 20(1) to (5) of that Act).

• [F64 “IP completion day” (and related expressions) have the same meaning as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) to (5) of that Act).]

• “Member”, in the expression “member State”, refers to membership of the EU.

• “Retained EU law”, “retained direct minor EU legislation”, “retained direct principal EU legislation” and “retained direct EU legislation” have the same meaning as in the European Union (Withdrawal) Act 2018 (see sections 6(7), 7(6) and 20(1) of that Act) [F65 (see also paragraph 7 of Schedule 1 to the Direct Payments to Farmers (Legislative Continuity) Act 2020)].

• “Retained EU obligation” means an obligation that—

  (a)

  was created or arose by or under the EU Treaties before [F66 IP completion day], and

  (b)

  forms part of retained EU law,

  as modified from time to time.

• “The Treaties” or “the EU Treaties” means the Treaties or EU Treaties, within the meaning given by section 1(2) of the European Communities Act 1972 as that Act had effect immediately before its repeal by section 1 of the European Union (Withdrawal) Act 2018, as at immediately before exit day.]

Textual Amendments

F63 Words in Sch. 1 inserted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(v), Sch. 5 para. 12(a) (with s. 38(3))

F64 Words in Sch. 1 inserted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(v), Sch. 5 para. 12(b) (with s. 38(3))

F65 Words in Sch. 1 inserted (30.1.2020) by Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2), s. 9(3), Sch. 1 para. 3 (with Sch. 1 paras. 7, 8)

F66 Words in Sch. 1 substituted (31.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 12(c) (with s. 38(3)); S.I. 2020/75, reg. 4(n)(iv)

Sections 22, 23.

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

Part I U.K. Acts

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

• Section 6(a) and (c) so far as applicable to enactments relating to offences punishable on indictment or on summary conviction

• Section 9

• Section 10

• Section 11 so far as it relates to subordinate legislation made after the year 1889

• [F67 Section 14A]

• Section 18

• Section 19(2).

Textual Amendments

F67 Words in Sch. 2 para. 1 inserted (25.4.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 59(3), 103(1)(e)

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

• Section 1

• Section 2

• Section 3

• Section 6(a) and (c) so far as not applicable to such Acts by virtue of paragraph 1

• Section 15

• Section 17(1).

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

• Section 4

• Section 7

• Section 8

• Section 12

• Section 13

• Section 14 so far as it relates to rules, regulations or byelaws

• Section 16(1)

• Section 17(2)(a)

• Section 19(1)

• Section 20(1).

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 F68 . . . is specified [F69 or described] apply, so far as applicable, to Acts passed on or after the date, or after the year, so specified [F69 or described]: and

(b) paragraphs of that Schedule at the end of which no year or date is specified [F69 or 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 M24 Interpretation 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 F70 . . . the M25 Water Act 1973 as if they were passed after 1st April 1974.

Textual Amendments

F68 Words repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(2)(4), Sch. 2 para. 74, Sch. 3 paras. 1, 6, Sch. 4

F69 Words inserted by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(2), Sch. 2 para. 74, Sch. 3 paras. 1, 6

F70 Words in Sch. 2 Pt. I para. 4(6) repealed (1.4.1996) by 1995 c. 17, s. 5, Sch. 3 (with Sch. 2 paras. 6, 16)

Marginal Citations

M24 1889 c. 63.

M25 1973 c. 37.

5 U.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 M26 Welsh 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 M27 Criminal Procedure (Scotland) Act 1975, “the Summary Jurisdiction (Scotland) Acts” means Part II of that Act.

Marginal Citations

M26 1967 c. 66.

M27 1975 c. 21.

Part II U.K. Subordinate Legislation

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

• F71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• England;

• Local land charges register and appropriate local land charges register;

• [F72 in relation to Scotland, expressions relating to the police;]

• United Kingdom;

• Wales,

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

Textual Amendments

F71 Words repealed by British Nationality Act 1981 (c. 61, SIF 87), s. 52(8), Sch. 9

F72 Words in Sch. 2 para. 6 substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 15(4)

7 U.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.

X1 SCHEDULE 3 U.K. ENACTMENTS REPEALED

Editorial Information

X1 The 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