Supplementary and final provisions

I159Interpretation

1

In this Act—

  • “access prohibition” has the meaning given by section 22(6);

  • “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;

  • “exempted substance” has the meaning given by section 3;

  • “general customs function” has the meaning given by section 1(8) of the Borders, Citizenship and Immigration Act 2009;

  • “general customs official” means a person designated as a general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009;

  • “item” includes any substance;

  • “justice” means—

    1. a

      in England and Wales, a justice of the peace,

    2. b

      in Scotland, a sheriff or a justice of the peace, and

    3. c

      in Northern Ireland, a lay magistrate;

  • “local authority” means—

    1. a

      in England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly,

    2. b

      in Wales, a county council or county borough council,

    3. c

      in Scotland, a council constituted under section 2 of the Local Government etc (Scotland) Act 1994, and

    4. d

      in Northern Ireland, a district council constituted under section 1 of the Local Government Act (Northern Ireland) 1972;

  • “police or customs officer” has the meaning given by section 36(4);

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

    1. a

      any vehicle, vessel or aircraft;

    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;

  • “premises notice” is to be read in accordance with section 14;

  • “premises order” is to be read in accordance with section 20;

  • “prohibited activity” has the meaning given by section 12;

  • “prohibition notice” is to be read in accordance with section 13;

  • “prohibition order” is to be read in accordance with section 17;

  • “psychoactive effects”, in relation to a substance, is to be read in accordance with section 2(2);

  • “psychoactive substance” has the meaning given by section 2(1);

  • “relevant enforcement officer” has the meaning given by section 39(6);

  • “relevant evidence” has the meaning given by section 36(4);

  • “search warrant” means a warrant under section 39;

  • “senior officer” has the meaning given by section 13(7);

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

2

In this Act—

a

any reference to producing a substance is a reference to producing it by manufacture, cultivation or any other method;

b

any reference to supplying a substance includes a reference to distributing it;

c

any reference to consuming a substance is to be read in accordance with section 2(3).

3

For the purposes of this Act the items which are in a person's possession include any items which are—

a

subject to that person's control, but

b

in the custody of another person.

4

In this Act any reference to a vessel includes a reference to—

a

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

b

any 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.

5

Before the commencement of section 109 of the Courts Reform (Scotland) Act 2014 (abolition of appeal from a sheriff to the sheriff principal), any reference in this Act to the Sheriff Appeal Court, other than the reference in section 31(1) in relation to a prohibition order made under section 19, is to be read as a reference to the sheriff principal.