General

I138Meaning of other expressions

1

In this Act—

  • accredited civilian officer” has the meaning given by section 22(2);

  • the appropriate court” has the meaning given by section 30(8);

  • the appropriate national authority” has the meaning given by section 39(2) and (3);

  • dealing” has the meaning given by section 1(2) to (4);

  • designated customs official” means a person—

    1. a

      designated as a general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009, or

    2. b

      designated as a customs revenue official under section 11(1) of that Act;

  • designated NCA officer” means a National Crime Agency officer designated under section 10 of the Crime and Courts Act 2013 as a person having either or both of the following—

    1. a

      the powers and privileges of a constable;

    2. b

      the powers of an officer of Revenue and Customs;

  • exemption certificate” has the meaning given by section 2(1);

  • justice” means—

    1. a

      in England and Wales, a justice of the peace;

    2. b

      in Scotland, a sheriff or summary sheriff or a justice of the peace;

    3. c

      in Northern Ireland, a lay magistrate;

  • the Northern Ireland department” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;

  • police officer” has the meaning given by section 30(8);

  • police or customs officer” has the meaning given by section 14(4);

  • “pre-1918”, “pre-1947” and “pre-1975” are to be read in accordance with subsections (2) and (3);

  • premises” has the meaning given by section 17(7);

  • prescribed institution” has the meaning given by section 2(5);

  • the prohibition” means the prohibition in section 1;

  • relevant evidence” has the meaning given by 14(4);

  • relevant offence” has the meaning given by 14(4);

  • search warrant” means a warrant under section 17;

  • vessel” is to be read in accordance with subsection (4).

2

An item that is made of ivory, or has ivory in it, is “pre-1918”, “pre-1947” or “pre-1975” if the item was made before the relevant date (see subsection (3)) and either—

a

no ivory was added to the item on or after the relevant date, or

b

any ivory added to the item on or after the relevant date—

i

was taken from its animal source before 1 January 1975, and

ii

was added to the item for the purpose of restoring it.

3

The “relevant date” is—

a

1 January 1918 for a pre-1918 item;

b

3 March 1947 for a pre-1947 item;

c

1 January 1975 for a pre-1975 item.

4

A reference to a vessel includes a reference to—

a

a ship or boat or any other description of vessel used in navigation, and

b

a hovercraft, submersible craft or other floating craft,

but does not include a reference to anything that permanently rests on, or is permanently attached to, the sea bed.