Supplementary and final provisions

Interpretation
59
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. the powers and privileges of a constable;
  2. 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. in England and Wales, a justice of the peace,
  2. in Scotland, a sheriff or a justice of the peace, and
  3. in Northern Ireland, a lay magistrate;
- “local authority” means—
  1. 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. in Wales, a county council or county borough council,
  3. in Scotland, a council constituted under section 2 of the Local Government etc (Scotland) Act 1994, and
  4. 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. any vehicle, vessel or aircraft;
  2. any offshore installation within the meaning given by section 1 of the Mineral Workings (Offshore Installations) Act 1971;
  3. any renewable energy installation within the meaning given by section 104 of the Energy Act 2004;
  4. 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.
S. 59 in force at 28.1.2016, see s. 63(1)(a)