For the purposes of this Part, a substance is used as a “drug-cutting agent” if it is added to a controlled drug in connection with the unlawful supply or exportation of the drug.

In this Part—

• “controlled drug” has the same meaning as in the Misuse of Drugs Act 1971 (see section 2 of that Act);

• “enactment” includes—

  1. a

     an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;

  2. b

     an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;

  3. c

     an enactment contained in, or in an instrument made under, Northern Ireland legislation;

• “entitled”, in relation to a substance, is to be read in accordance with subsection (3);

• “police or customs officer” has the meaning given by section 52(2);

• “premises” includes any place and, in particular, includes—

  1. a

     any vehicle, vessel, aircraft or hovercraft;

  2. b

     any offshore installation within the meaning given by section 1 of the Mineral Workings (Offshore Installations) Act 1971;

  3. c

     any renewable energy installation within the meaning given by section 104 of the Energy Act 2004;

  4. d

     any tent or movable structure;

• “search and seizure warrant” means a warrant under section 52;

• “supplying” includes distributing;

• “unlawful” means—

  1. a

     in relation to a supply, unlawful under section 4 of the Misuse of Drugs Act 1971;

  2. b

     in relation to an exportation, prohibited under section 3 of that Act.

Where a retrial is ordered on a person's appeal against conviction for an offence, a reference in this Part to the determination of the appeal is a reference to the conclusion of proceedings for the offence on retrial.

In the application of this Part to Scotland, a reference to a magistrates' court or to a justice of the peace is to be read as a reference to a sheriff.

An application to a sheriff for an order under section 60, 61, 63 or 64 must be made by summary application.