Part VIII Miscellaneous

68 Interpretation.

(1)

In this Act—

“accessibility certificate” means a certificate issued under section 41(1)(a);

“act” includes a deliberate omission;

“approval certificate” means a certificate issued under section 42(4);

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“conciliation officer” means a person designated under section 211 of the M1Trade Union and Labour Relations (Consolidation) Act 1992;

F2“criminal investigation” has the meaning given in subsection (1A);

F3“criminal proceedings” includes—

(a)

proceedings on dealing summarily with a charge under the Army Act 1955 or the Air Force Act 1955 or on summary trial under the Naval Discipline Act 1957;

(b)

proceedings before a summary appeal court constituted under any of those Acts;

(c)

proceedings before a court-martial constituted under any of those Acts or a disciplinary court constituted under section 52G of the Naval Discipline Act 1957;

(d)

proceedings before the Courts-Martial Appeal Court; and

(e)

proceedings before a Standing Civilian Court;

“employment” means, subject to any prescribed provision, employment under a contract of service or of apprenticeship or a contract personally to do any work, and related expressions are to be construed accordingly;

F4“employment at an establishment in Great Britain” is to be construed in accordance with subsections (2) to (4A)

F5“employment services” has the meaning given in section 21A(1);

“enactment” includes subordinate legislation and any Order in Council F6, and F7. . . includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;

F8“Great Britain” includes such of the territorial waters of the United Kingdom as are adjacent to Great Britain

F9“group insurance arrangement” means an arrangement between an employer and another for the provision by the other of facilities by way of insurance to the employer’s employees or to any class of those employees;

“licensing authority” F10, except in section 37A, means—

(a)

in relation to the area to which the M2Metropolitan Public Carriage Act 1869 applies, the Secretary of State or the holder of any office for the time being designated by the Secretary of State; or

(b)

in relation to any other area in England and Wales, the authority responsible for licensing taxis in that area;

“mental impairment” does not have the same meaning as in the M3Mental Health Act 1983 F11. . . but the fact that an impairment would be a mental impairment for the purposes of F12that Act does not prevent it from being a mental impairment for the purposes of this Act;

F13“Minister of the Crown” includes the Treasury and the Defence Council

“occupational pension scheme” has the same meaning as in the M4Pension Schemes Act 1993;

“premises” includes land of any description;

“prescribed” means prescribed by regulations F14, except in section 28D (where it has the meaning given by section 28D(17));

“profession” includes any vocation or occupation;

“provider of services” has the meaning given in section 19(2)(b);

F15“public investigator functions” has the meaning given in subsection (1B);

“public service vehicle” and “regulated public service vehicle” have the meaning given in section 40;

“PSV accessibility regulations” means regulations made under section 40(1);

“rail vehicle” and “regulated rail vehicle” have the meaning given in section 46;

“rail vehicle accessibility regulations” means regulations made under section 46(1);

“regulations” means regulations made by the Secretary of State F16, except in sections 2(3), 28D, 28L(6), 28Q(7), 33, 49D F17. . . and 67 (provisions where the meaning of “regulations”is apparent);

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“section 21 duty” means any duty imposed by or under section 21;

“subordinate legislation” has the same meaning as in section 21 of the M5Interpretation Act 1978;

“taxi” and “regulated taxi” have the meaning given in section 32;

“taxi accessibility regulations” means regulations made under section 32(1);

“trade” includes any business;

“trade organisation” has the meaning given in section 13;

“vehicle examiner” means an examiner appointed under section 66A of the M6Road Traffic Act 1988.

F18(1A)

In this Act “criminal investigation” means—

(a)

any investigation which a person in carrying out functions to which section 21B(1) applies has a duty to conduct with a view to it being ascertained whether a person should be charged with, or in Scotland prosecuted for, an offence, or whether a person charged with or prosecuted for an offence is guilty of it;

(b)

any investigation which is conducted by a person in carrying out functions to which section 21B(1) applies and which in the circumstances may lead to a decision by that person to institute criminal proceedings which the person has power to conduct; or

(c)

any investigation which is conducted by a person in carrying out functions to which section 21B(1) applies and which in the circumstances may lead to a decision by that person to make a report to the procurator fiscal for the purpose of enabling him to determine whether criminal proceedings should be instituted.

(1B)

In this Act “public investigator functions” means functions of conducting criminal investigations or charging offenders.

(1C)

In subsections (1A) and (1B)—

  • “offence” includes any offence of a kind triable by court-martial under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957, and

  • “offender” is to be construed accordingly.

F19(2)

Employment (including employment on board a ship to which subsection (2B) applies or on an aircraft or hovercraft to which subsection (2C) applies) is to be regarded as being employment at an establishment in Great Britain if the employee—

(a)

does his work wholly or partly in Great Britain; or

(b)

does his work wholly outside Great Britain and subsection (2A) applies.

(2A)

This subsection applies if—

(a)

the employer has a place of business at an establishment in Great Britain;

(b)

the work is for the purposes of the business carried on at the establishment; and

(c)

the employee is ordinarily resident in Great Britain—

(i)

at the time when he applies for or is offered the employment, or

(ii)

at any time during the course of the employment.

(2B)

This subsection applies to a ship if—

(a)

it is registered at a port of registry in Great Britain; or

(b)

it belongs to or is possessed by Her Majesty in right of the Government of the United Kingdom.

(2C)

This subsection applies to an aircraft or hovercraft if—

(a)

it is—

(i)

registered in the United Kingdom, and

(ii)

operated by a person who has his principal place of business, or is ordinarily resident, in Great Britain; or

(b)

it belongs to or is possessed by Her Majesty in right of the Government of the United Kingdom.

(2D)

The following are not to be regarded as being employment at an establishment in Great Britain—

(a)

employment on board a ship to which subsection (2B) does not apply;

(b)

employment on an aircraft or hovercraft to which subsection (2C) does not apply.

(4)

Employment of a prescribed kind, or in prescribed circumstances, is to be regarded as not being employment at an establishment in Great Britain.

F20(4A)

For the purposes of determining if employment concerned with the exploration of the sea bed or sub-soil or the exploitation of their natural resources is outside Great Britain, subsections (2)(a) and (b), (2A) and (2C) of this section each have effect as if “Great Britain” had the same meaning as that given to the last reference to Great Britain in section 10(1) of the Sex Discrimination Act 1975 F21 by section 10(5) of that Act read with the Sex Discrimination and Equal Pay (Offshore Employment) Order 1987 F22.

(5)

F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

68Interpretation.

F24(1)

In this Act—

“accessibility certificate” means a certificate issued under section 41(1)(a);

“act” includes a deliberate omission;

“the Agency” means the Labour Relations Agency;

“approval certificate” means a certificate issued under section 42(4);

“the Assembly” means the Northern Ireland Assembly;

F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26“criminal investigation” has the meaning given in subsection (1A);

F27“criminal proceedings” includes—

(a)

proceedings on dealing summarily with a charge under the Army Act 1955 or the Air Force Act 1955 or on summary trial under the Naval Discipline Act 1957;

(b)

proceedings before a summary appeal court constituted under any of those Acts;

(c)

proceedings before a court-martial constituted under any of those Acts or a disciplinary court constituted under section 52G of the Naval Discipline Act 1957 (c. 53);

(d)

proceedings before the Courts-Martial Appeal Court; and

(e)

proceedings before a Standing Civilian Court;

“the Department of Economic Development” means the Department of Economic Development in Northern Ireland;

“the Department of the Environment” means the Department of the Environment for Northern Ireland;

“the Department of Health and Social Services” means the Department of Health and Social Services for Northern Ireland;

“employment” means, subject to any prescribed provision, employment under a contract of service or of apprenticeship or a contract personally to do work and related expressions are to be construed accordingly;

F28“employment at an establishment in Northern Ireland” is to be construed in accordance with subsections (2) to (4)

F29“employment services” has the meaning given in section 21A(1);

“enactment” means any statutory provision within the meaning of section 1(f) of the Interpretation Act (Northern Ireland) 1954 F30, and (except in section 56(5)) includes an enactment comprised in, or an instrument made under, an Act of the Scottish Parliament;

“government department” means a Northern Ireland department or a department of the Government of the United Kingdom;

F31“Minister of the Crown” includes the Treasury and the Defence Council

“Northern Ireland department” includes (except in sections 51 and 52) the head of a Northern Ireland department;

“occupational pension scheme” has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993;

F32“the Office” means the Office of the First Minister and deputy First Minister;

“premises”, includes land of any description;

“prescribed” means prescribed by regulations;

“profession” includes any vocation or occupation;

“provider of services” has the meaning given in section 19(2)(b);

F33“public investigator functions” has the meaning given in subsection (1B);

“public service vehicle” and “regulated public service vehicle” have the meaning given in section 40;

“PSV accessibility regulations” means regulations made under section 40(1);

“rail vehicle” and “regulated rail vehicle” have the meaning given in section 46;

“rail vehicle accessibility regulations” means regulations made under section 46(1);

“regulations” means—

(a)

F34in section 17A, regulations made by the Department for Employment and Learning;

(b)

in Part V of this Act, regulations made by the Department of the Environment;

(c)

F35in any other provision of this Act, regulations made by the Office of the First Minister and deputy First Minister:

F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“section 21 duty” means any duty imposed by or under section 21;

“taxi” and “regulated taxi” have the meaning given in section 32;

“taxi accessibility regulations” means regulations made under section 32(1);

“trade” includes any business;

“trade organisation” has the meaning given in section 13;

F36“the 2005 Order” means the Special Educational Needs and Disability (Northern Ireland) Order 2005;

“vehicle examiner” means an officer of the Department of the Environment authorised by that Department for the purposes of sections 41 and 42.

F37(1A)

In this Act “criminal investigation” means—

(a)

any investigation which a person in carrying out functions to which section 21B(1) applies has a duty to conduct with a view to it being ascertained whether a person should be charged with an offence, or whether a person charged with or prosecuted for an offence is guilty of it; or

(b)

any investigation which is conducted by a person in carrying out functions to which section 21B(1) applies and which in the circumstances may lead to a decision by that person to institute criminal proceedings which the person has power to conduct.

(1B)

In this Act “public investigator functions” means functions of conducting criminal investigations or charging offenders.

(1C)

In subsections (1A) and (1B)—

“offence” includes any offence of a kind triable by court-martial under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957, and

“offender” is to be construed accordingly.

F38(2)

Employment (including employment on board a ship to which subsection (2B) applies or on an aircraft or hovercraft to which subsection (2C) applies) is to be regarded as being employment at an establishment in Northern Ireland if the employee –

(a)

does his work wholly or partly in Northern Ireland; or,

(b)

does his work wholly outside Northern Ireland and subsection (2A) applies.

(2A)

This subsection applies if –

(a)

the employer has a place of business at an establishment in Northern Ireland;

(b)

the work is for the purposes of the business carried on at the establishment; and

(c)

the employee is ordinarily resident in Northern Ireland –

(i)

at the time when he applies for or is offered the employment, or

(ii)

at any time during the course of the employment.

(2B)

This subsection applies to a ship if –

(a)

it is registered at a port of registry in Northern Ireland; or

(b)

it belongs to or is possessed by Her Majesty in right of the Government of the United Kingdom.

(2C)

This subsection applies to an aircraft or hovercraft if –

(a)

it is –

(i)

registered in the United Kingdom, and

(ii)

operated by a person who has his principal place of business, or is ordinarily resident, in Northern Ireland; or

(b)

it belongs to or is possessed by Her Majesty in right of the Government of the United Kingdom.

(2D)

The following are not to be regarded as being employment at an establishment in Northern Ireland –

(a)

employment on board a ship to which subsection (2B) does not apply;

(b)

employment on an aircraft or hovercraft to which subsection (2C) does not apply.

(4)

Employment of a prescribed kind, or in prescribed circumstances, is to be regarded as not being employment at an establishment in F39Northern Ireland.

(5)

F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .