Modifications etc. (not altering text)
C1Pt. II applied (E.W.) (11.2.2008 for specified purposes, 20.1.2009 in so far as not already in force) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 3 para. 3(5)(a) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2007/3545, art. 4(a); S.I. 2009/39, art. 2(1)(k)
(1)In this Part—
[F1“armed forces offence” means an offence under section 70 of the M1Army Act 1955, section 70 of the M2Air Force Act 1955 or section 42 of the M3Naval Discipline Act 1957,]
“care home” has the same meaning as in the M4Care Standards Act 2000,
“charity” and “charity trustee” have the same meanings as in the M5Charities Act 1993,
“child” means a person under the age of 18,
“children’s home” has—
in relation to England and Wales, the same meaning as in the Care Standards Act 2000,
in relation to Northern Ireland, the meaning which would be given by Article 90(1) of the M6Children (Northern Ireland) Order 1995 if, in Article 91(2) of that Order, sub-paragraphs (a), (f) and (g) and the words after sub-paragraph (h) were omitted,
“Class A drug” has the same meaning as in the M7Misuse of Drugs Act 1971,
[F2“day care premises” means—
in relation to England, premises in respect of which a person is registered, otherwise than as a childminder, under Part 3 of the Childcare Act 2006,
in relation to Wales, premises in respect of which a person is registered under Part 10A of the Children Act 1989 for providing day care,]
“disqualification order” has the meaning given by section 30,
“educational institution” means an institution which is exclusively or mainly for the provision of full-time education to children,
“employment” means paid employment, whether under a contract of service or apprenticeship or under a contract for services,
“hospital” has—
in relation to England and Wales, the meaning given by section 128(1) of [F3the National Health Service Act 2006 or the National Health Service (Wales) Act 2006],
in relation to Northern Ireland, the meaning given by Article 2(2) of the M8Health and Personal Social Services (Northern Ireland) Order 1972,
“local authority” has the same meaning as in the M9Education Act 1996,
“nursing home” has the meaning given by Article 16 of the M10Registered Homes (Northern Ireland) Order 1992,
“private hospital” has the meaning given by Article 90(2) of the M11Mental Health (Northern Ireland) Order 1986,
“residential care home” has the meaning given by Article 3 of the M12Registered Homes (Northern Ireland) Order 1992,
“the Tribunal” means the [F4First-tier Tribunal],
“voluntary home” has the meaning given by Article 74(1) of the M13Children (Northern Ireland) Order 1995,
“work” includes—
work of any kind, whether paid or unpaid and whether under a contract of service or apprenticeship, under a contract for services, or otherwise than under a contract, and
an office established by or by virtue of an enactment,
and “working” is to be read accordingly.
(2)[F5In this Part references, in relation to a suspended sentence, to taking effect are to taking effect by virtue of—
(a)an order or direction under section 91 of the M14Naval Discipline Act 1957 or [F6paragraph 8(2)(a) or (b) of Schedule 12 of the Criminal Justice Act 2003], or
(b)the determination of the suspension under section 120 of the M15Army Act 1955 or section 120 of the M16Air Force Act 1955.]
Textual Amendments
F1Words in s. 42(1) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 183(a), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F2Words in s. 42(1) substituted (6.4.2007) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 40; S.I. 2007/1019, art. 4 (with art. 6 Sch. para. 6)
F3Words in s. 42(1) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 213 (with Sch. 3 Pt. 1)
F4Words in s. 42(1) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 189
F5S. 42(2) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 183(b), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F6Words in s. 42(2)(a) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 135; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(36) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
Marginal Citations