C1C2Part III Authorisation of Action in Respect of Property

Annotations:
Modifications etc. (not altering text)
C1

Pt. 3 (ss. 91-108) amended (S.) (29.9.2000) by 2000 asp 11, s. 24(2)(b) (with s. 30); S.S.I. 2000/341, art. 2

C2

Pt. 3: power to apply (with modifications) conferred (1.10.2002) by Police Reform Act 2002 (c. 30), s. 19(2)(b); S.I. 2002/2306, art. 2(b)(v)

General

108 Interpretation of Part III.

1

In this Part—

  • authorisation” means an authorisation under section 93;

  • authorising officer” has the meaning given by section 93(5);

  • criminal proceedings” includes—

    1. a

      proceedings in the United Kingdom or elsewhere before a court-martial constituted under the M1Army Act 1955, the M2Air Force Act 1955 or the M3Naval Discipline Act 1957 or a disciplinary court constituted under section 50 of the Act of 1957,

    2. b

      proceedings before the Courts-Martial Appeal Court, and

    3. c

      proceedings before a Standing Civilian Court;

  • customs officer” means an officer commissioned by the Commissioners of Customs and Excise under section 6(3) of the M4Customs and Excise Management Act 1979;

  • designated deputy” has the meaning given in section 94(4);

  • United Kingdom waters” has the meaning given in section 30(5) of the M5Police Act 1996; and

  • wireless telegraphy” has the same meaning as in the M6Wireless Telegraphy Act 1949 and, in relation to wireless telegraphy, “interfere” has the same meaning as in that Act.

2

Where, under this Part, notice of any matter is required to be given in writing, the notice may be transmitted by electronic means.

3

For the purposes of this Part, an authorisation (or renewal) given—

a

by the designated deputy of an authorising officer, or

b

by a person on whom an authorising officer’s powers are conferred by section 94,

shall be treated as an authorisation (or renewal) given in the absence of the authorising officer concerned; and references to the authorising officer in whose absence an authorisation (or renewal) was given shall be construed accordingly.