- Latest available (Revised)
- Point in Time (01/04/2001)
- Original (As enacted)
Point in time view as at 01/04/2001.
Drug Trafficking Act 1994, Cross Heading: Interpretation of Act is up to date with all changes known to be in force on or before 25 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)In this Act “property” includes money and all other property, real or personal, heritable or moveable, including things in action and other intangible or incorporeal property.
(2)This Act applies to property whether it is situated in England and Wales or elsewhere.
(3)In this Act “interest”, in relation to property, includes right.
(4)In this Act—
(a)references to property held by a person include a reference to property vested in his trustee in bankruptcy, permanent or interim trustee within the meaning of the Bankruptcy M1 (Scotland) Act 1985 or liquidator; and
(b)references to an interest held by a person beneficially in property include a reference to an interest which would be held by him beneficially if the property were not so vested.
(5)For the purposes of this Act—
(a)property is held by any person if he holds any interest in it; and
(b)property is transferred by one person to another if the first person transfers or grants to the other any interest in the property.
Modifications etc. (not altering text)
C1S. 62 applied (with modifications) (E.W.) (1.1.1997) by S.I. 1996/2880, arts. 3(2), 4-6, Sch. 1
S. 62 modified (E.W.) (1.1.1997) by S.I. 1996/2880, art. 3(2), Sch. 3
Marginal Citations
(1)In this Act—
“constable” includes a person commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs M2 and Excise Management Act 1979;
“defendant” means a person against whom proceedings have been instituted (within the meaning given in section 41(2) of this Act) for a drug trafficking offence (whether or not he has been convicted);
“modifications” includes additions, alterations and omissions.
(2)In this Act references to anything received in connection with drug trafficking include a reference to anything received both in that connection and in some other connection.
(3)Subject to section 66(2) and (6) of this Act—
(a)any reference in this Act to an offence includes a reference to an offence committed before the commencement of this Act; and
(b)any reference in this Act to “drug trafficking” includes a reference to drug trafficking carried out before the commencement of this Act.
Modifications etc. (not altering text)
C2S. 63 applied (with modifications) (E.W.) (1.1.1997) by S.I. 1996/2880, arts. 3(2), 4-6, Sch. 1
S. 63 modified (E.W.) (1.1.1997) by S.I. 1996/2880, art. 3(2), Sch. 3
Marginal Citations
In this Act the expressions listed below are defined by, or otherwise fall to be construed in accordance with, the provisions of this Act indicated below—
acting as an insolvency practitioner | section 35(4) |
amount that might be realised | section 6(1) |
amount to be recovered | section 5(1) |
benefited from drug trafficking | section 2(3) |
charging order | section 27(2) |
conclusion of an application | |
—under section 13, 14 or 19 | section 41(4) |
—under section 15 or 16 | section 41(5) |
conclusion of proceedings for a drug trafficking offence | section 41(3) |
confiscation order | section 2(9) |
constable | section 63(1) |
defendant | section 63(1) |
drug trafficking | |
—generally | section 1(1) and (2) |
—for the application of Part II in Scotland and Northern Ireland | section 48(2) |
drug trafficking offence | section 1(3) |
gift caught by this Act | section 8(1) |
“held”, in relation to property | section 62(5)(a) |
institution of proceedings for an offence | section 41(2) |
“interest”, in relation to property | section 62(3) |
making a gift | section 8(2) |
modifications | section 63(1) |
proceeds of drug trafficking | |
—generally | section 4(1)(a) |
—for the application of Part II in Scotland and Northern Ireland | section 48(2) |
property | section 62(1) |
realisable property | section 6(2) |
restraint order | section 26(1) |
“satisfied”, in relation to a confiscation order | section 41(6) and (7) |
“subject to appeal”, in relation to an order | section 41(8) |
“transferred” in relation to property | section 62(5)(b) |
value of gift, payment or reward | section 7(2) |
value of proceeds of drug trafficking | section 4(1)(b) |
value of property | section 7(1). |
Modifications etc. (not altering text)
C3S. 64 applied (with modifications) (E.W.) (1.1.1997) by S.I. 1996/2880, arts. 3(2), 4-6, Sch. 1
S. 64 modified (E.W.) (1.1.1997) by S.I. 1996/2880, art. 3(2), Sch. 3
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: