Public Bodies Act 2011 (c. 24)

Part 3 U.K. Final

36 Interpretation U.K.

(1) In this Act—

• “charity” has the meaning given in section 1(1) of the Charities Act 2006;

• “community benefit society” means—

  (a)

  a society registered as a community benefit society under the Co-operative and Community Benefit Societies and Credit Unions Act 1965,

  (b)

  a pre-2010 Act society (as defined by section 4A(1) of that Act) which meets the condition in section 1(3) of that Act, or

  (c)

  a society registered or deemed to be registered under the Industrial and Provident Societies Act (Northern Ireland) 1969 which meets the condition in section 1(2)(b) of that Act;

• “constitutional arrangements” is to be construed in accordance with section 3(2) and (3);

• “co-operative society” means—

  (a)

  a society registered as a co-operative society under the Co-operative and Community Benefit Societies and Credit Unions Act 1965,

  (b)

  a pre-2010 Act society (as defined by section 4A(1) of that Act) which meets the condition in section 1(2) of that Act, or

  (c)

  a society registered or deemed to be registered under the Industrial and Provident Societies Act (Northern Ireland) 1969 which meets the condition in section 1(2)(a) of that Act;

• “cross-border operator” means a person exercising functions or carrying on activities in or with respect to Wales (or any part of it) and England (or any part of it), but does not include—

  (za)

  [F1 the Natural Resources Body for Wales,]

  (a)

  an internal drainage board, or

  (b)

  a Regional Flood and Coastal Committee established under section 22(1)(c) of the Flood and Water Management Act 2010;

• “eligible person” has the meaning given in section 1(3);

• “enactment” means any primary or subordinate legislation;

• “Minister” means—

  (a)

  a Minister of the Crown (as defined by section 8 of the Ministers of the Crown Act 1975), or

  (b)

  the Commissioners for Her Majesty's Revenue and Customs;

• “modify”, in relation to functions, is to be construed in accordance with section 5(2);

• “modify”, in relation to funding arrangements, is to be construed in accordance with section 4(3);

• “non-devolved function” means a function that is not a Welsh devolved function;

• “primary legislation” means any Act, Act of the Scottish Parliament, Northern Ireland legislation or Measure or Act of the National Assembly for Wales;

• “public function” means a function conferred under an enactment or royal charter;

• “subordinate legislation” means an instrument made under primary legislation;

• “Wales” has the same meaning as in the Government of Wales Act 2006;

• “Welsh devolved function” means—

  (a)

  a function conferred under an Act or Measure of the National Assembly for Wales,

  (b)

  a function which is exercisable in or as regards Wales and could be conferred by an Act of the Assembly, or

  (c)

  a function in relation to which a function (other than a function of being consulted) is exercisable by the Welsh Ministers, the First Minister or the Counsel General to the Welsh Assembly Government,

  and references to a person exercising a Welsh devolved function do not include a person exercising such a function by virtue of arrangements under section 27;

• “Welsh environmental function” means a Welsh devolved function relating to the environment.

(2) Until the coming into force of section 1 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010—

(a) the definition of “community benefit society” in subsection (1) above has effect as if for paragraphs (a) and (b) there were substituted—

“(a) a society registered or deemed to be registered under the Industrial and Provident Societies Act 1965 which meets the condition in section 1(2)(b) of that Act, or”;

(b) the definition of “co-operative society” in subsection (1) above has effect as if for paragraphs (a) and (b) there were substituted—

“(a) a society registered or deemed to be registered under the Industrial and Provident Societies Act 1965 which meets the condition in section 1(2)(a) of that Act, or”.

(3) Subsection (2) ceases to have effect on the coming into force of section 1 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010.

Textual Amendments

F1 Words in s. 36(1) inserted (18.7.2013 with effect in accordance with art. 1(3)) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 3(3) (with art. 24)