- act
includes a failure to act (and references to the doing of an act are to be read accordingly);
- active service
means service in— (a) an action or operation against an enemy (within the meaning given by section 374 of the Armed Forces Act 2006 (c. 52)), (b) an operation outside the British Islands for the protection of life or property, or (c) the military occupation of a foreign country or territory;
- affirmative resolution procedure
means— (a) in relation to any statutory instrument made by the Secretary of State or the Lord Chancellor, a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament;
- allocation guidelines
means guidelines relating to
- amending order
means an order under section 267 of the Criminal Justice Act 2003 (alteration by order of relevant proportion of sentence);
- annual report
means a report made under section 119;
- Appeal court
means—
- appointment
includes re-appointment.
- appropriate minister
means the Secretary of State or the Lord Chancellor;
- appropriate rate
means— (a) in the case of an exploitation proceeds order made by the High Court, the rate for the time being specified in section 17 of the Judgments Act 1838 (c. 110) (interest on civil judgment debts), or (b) in the case of an exploitation proceeds order made by the Court of Session, the rate payable under a decree of the Court of Session;
- area coroner
means a person appointed under paragraph 2(3) of Schedule 3;
- assistant coroner
means a person appointed under paragraph 2(4) of Schedule 3;
- Assistant Coroner for Treasure
means an assistant coroner, designated under paragraph 7 of Schedule 4, acting in the capacity of Assistant Coroner for Treasure;
- asylum claim
means— (a) a claim that it would be contrary to the United Kingdom's obligations under the Refugee Convention for the claimant to be removed from, or required to leave, the United Kingdom, or (b) a claim that the claimant would face a real risk of serious harm if removed from the United Kingdom;
- benefit
means a direct or indirect benefit of any nature (pecuniary or non-pecuniary);
- body
includes body parts;
- c member State service offence
means an offence which— i was the subject of proceedings under the service law of a member State other than the United Kingdom, and ii at the time it was done, would have constituted an offence in any part of the United Kingdom, or a service offence, if it had been done in any part of the United Kingdom by a member of Her Majesty's forces;
- chief constable
means— (a) a chief officer of police (within the meaning given in section 101(1) of the Police Act 1996 (c. 16));
- claims management services
has the same meaning as in Part 2 of the Compensation Act 2006 (see section 4(2) of that Act). 8 Nothing in this section applies to an agreement entered into before the coming into force of the first regulations made under subsection (4).”
- classified work
means (subject to subsection (8)) a video work in respect of which a classification certificate has been issued by a designated authority (whether before or after the commencement of this section);
- conduct forming part of the Troubles
has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (see section 1 of that Act).
- confinement term
has the meaning given by section 210A(2)(a) of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”);
- confiscation order
means a confiscation order made under— (a) section 1 of the Drug Trafficking Offences Act 1986, (b) section 71 of the Criminal Justice Act 1988, (c) section 2 of the Drug Trafficking Act 1994, or (d) section 6 of the Proceeds of Crime Act 2002;
- Convention rights
means the rights identified as Convention rights by section 1 of the Human Rights Act 1998;
- Coroners regulations
means regulations under section 43;
- Coroners rules
means rules under section 45;
- court
means— (a) in relation to England and Wales, the High Court in England and Wales;
- court building
has the meaning given by section 52(3) of the Courts Act 2003;
- criminal liability
includes liability in respect of a service offence.
- criminal proceedings
includes proceedings in respect of an offence under section 42 of the Armed Forces Act 2006 (c. 52) (or section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 42 of the Naval Discipline Act 1957 (c. 53)).
- custodial sentence
has the meaning given by section 76 of the Powers of Criminal Courts (Sentencing) Act 2000;
- custody and community prisoner
has the meaning given by section 4 of the 2007 Act;
- custody part
has the meaning given by section 6(3) of the 2007 Act;
- definitive sentencing guidelines
means sentencing guidelines issued by the Council under section 120 as definitive guidelines, as revised by any subsequent guidelines so issued;
- Deputy Chief Coroner
means a person appointed under paragraph 2 of Schedule 8;
- designated authority
means an authority which has been designated by the Secretary of State under section 4 of that Act;
- detained in lawful custody
means— (a) detained in pursuance of a sentence of imprisonment, detention or custody for life or a detention and training order, (b) remanded in or committed to custody by an order of a court, (c) detained pursuant to an order under section 2 of the Colonial Prisoners Removal Act 1884 or a warrant under section 1 or 4A of the Repatriation of Prisoners Act 1984, (d) detained under Part 3 of the Mental Health Act 1983 or by virtue of an order under section 5 of the Criminal Procedure (Insanity) Act 1964 or section 6 or 14 of the Criminal Appeal Act 1968 (hospital orders, etc), (e) detained by virtue of an order under Part 6 of the Criminal Procedure (Scotland) Act 1995 (other than an order under section 60C) or a hospital direction under section 59A of that Act, and includes detention by virtue of the special restrictions set out in Part 10 of the Mental Health (Care and Treatment) (Scotland) Act 2003 to which a person is subject by virtue of an order under section 59 of the Criminal Procedure (Scotland) Act 1995, or (f) detained under Part 3 of the Mental Health (Northern Ireland) Order 1986 or by virtue of an order under section 11 or 13(5A) of the Crim
- district
means a coroner's district for the purposes of the 1988 Act;
- document
includes information stored in an electronic form;
- electronic communications device
means a device that is designed or adapted for a use which consists of or includes the sending or receiving of signals that are transmitted by means of an electronic communications network (as defined in section 32 of the Communications Act 2003).
- enactment
means an enactment contained in or in an instrument made by virtue of— (a) an Act of Parliament, (b) a Measure or Act of the National Assembly for Wales, or (c) Northern Ireland legislation;
- Enforcement authority
means—
- enforcement hearing
means a hearing under section 82 of the Magistrates' Courts Act 1980 to consider the issuing of a warrant of committal or to inquire into a person's means;”
- enforcing authority
has the meaning given by section 18(7) of the Health and Safety at Work etc.
- English NHS body
means—
- Existing guidelines
means—
- extended sentence
has the meaning given by section 210A of this Act;
- extension period
means an extension period added pursuant to— a section 35A or 35C, b section 248D of the Criminal Procedure (Scotland) Act 1995, or c section 147A of the Powers of Criminal Courts (Sentencing) Act 2000.”
- extract
includes an extract consisting of a single image;
- financial year
means a period of 12 months ending with 31 March;
- foreign offence
means an act which— (a) constituted an offence under the law in force in the country concerned, (b) at the time it was done, would have constituted an offence if it had been done in any part of the United Kingdom, and (c) would constitute an offence if it were done in any part of the United Kingdom at the time the application for an exploitation proceeds order is made in respect of it;
- foreign service offence
means an offence which— a was the subject of proceedings under the service law of a country outside the United Kingdom, and b would constitute an offence under the law of England and Wales or a service offence (“the corresponding domestic offence”) if it were done in England and Wales by a member of Her Majesty's forces at the time of the trial for the offence with which the defendant is now charged (“the current offence”). 10 Where a defendant has been found guilty of a foreign service offence (“the previous service offence”), for the purposes of subsection (2)— a the previous service offence is an offence of the same description as the current offence if the corresponding domestic offence is of that same description, as set out in subsection (4)(a);
- functions
includes powers and duties;
- good practice
means such practice in the sharing of personal data as appears to the Commissioner to be desirable having regard to the interests of data subjects and others, and includes (but is not limited to) compliance with the requirements of this Act. 3 Before a code is prepared under this section, the Commissioner must consult such of the following as the Commissioner considers appropriate— a trade associations (within the meaning of section 51);
- government policy proposal
includes a policy proposal of the Welsh Ministers;
- government proposal for legislation
includes a proposal of the Welsh Ministers for legislation.
- guidelines
means sentencing guidelines issued by the Sentencing Council for England and Wales under section 120 of the Coroners and Justice Act 2009 as definitive guidelines, as revised by any subsequent guidelines so issued.”
- homicide offence
has the meaning given in paragraph 1(6) of Schedule 1;
- human rights claim
means a claim that to remove the claimant from, or to require the claimant to leave, the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Convention) as being incompatible with the person's Convention rights;
- Image
includes—
- inquest
means the inquest that forms part of an investigation;
- investigation
means an investigation under this Part.
- investigation anonymity order
has the meaning given by section 76;
- judge
includes — a a justice of the peace (or, in Northern Ireland, a lay magistrate), b a member of a tribunal, and c a clerk or other officer entitled to exercise the jurisdiction of a court or tribunal;
- Judicial office-holder
has the meaning given by section 109(4) of the Constitutional Reform Act 2005 (c. 4).
- knife
has the meaning given by section 10 of the Knives Act 1997 (c. 21).
- land
includes premises within the meaning of the Police and Criminal Evidence Act 1984 (c. 60);
- lay justice
means a justice of the peace who is not a District Judge (Magistrates' Courts).
- legislation
means—
- life prisoner
has the meaning given by section 4 of the 2007 Act;
- live link bail
means bail granted under Part 4 of this Act subject to the duty mentioned in section 47(3)(b). 54C 1 Except as provided by subsections (2) and (3), a constable may retain a thing seized under section 54B until the time when the person from whom it was seized leaves the police station. 2 A constable may retain a thing seized under section 54B in order to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence. 3 If a thing seized under section 54B may be evidence of, or in relation to, an offence, a constable may retain it— a for use as evidence at a trial for an offence;
- local authority
means— (a) in relation to England, a county council, the council of any district comprised in an area for which there is no county council, a London borough council, the Common Council or the Council of the Isles of Scilly;
- material
means any information, opinion, image or other thing;
- medical examiner
means a person appointed under section 19 of the 2009 Act;”;
- member State service offence
means an offence which— i was the subject of proceedings under the service law of a member State other than the United Kingdom, and ii would constitute an offence under the law of any part of the United Kingdom, or a service offence, if it were done in any part of the United Kingdom, by a member of Her Majesty's forces, at the time of the conviction of the defendant for the current offence, and c “service law”, in relation to a member State other than the United Kingdom, means the law governing all or any of the naval, military or air forces of that State.”
- modification
includes an amendment, addition, revocation or repeal.
- modify
includes amend, repeal and revoke, and modification is to be construed accordingly;
- negative resolution procedure
means— (a) in relation to any statutory instrument made by the Secretary of State, Lord Chancellor or Chief Coroner, annulment in pursuance of a resolution of either House of Parliament;
- new offence
means an offence under section 13(1) of that Act as that Act is amended by section 60 of this Act.
- Offending material
means material the possession of which constitutes an offence under section 62(1).
- old offence
means an offence under section 13(1) of the Criminal Justice Act (Northern Ireland) 1966 (c. 20) as that section had effect before the section 60 commencement date, or an attempt to commit such an offence;
- payment
includes a transfer of assets and any other transfer of money's worth (and the reference in subsection (4)(b) to a payment above a prescribed amount, or above an amount calculated in a prescribed manner, is to be construed accordingly);
- period of emergency
has the same meaning as in section 19;
- personal representative
means— (a) in relation to England and Wales, a person who is a personal representative within the meaning of section 55(1) of the Administration of Estates Act 1925 (c. 23), (b) in relation to Scotland, an executor confirmed to the estate of the respondent, (c) in relation to Northern Ireland, a person who is one of the personal representatives within the meaning of the Administration of Estates Act (Northern Ireland) 1955 (c. 24), or (d) any person having, in relation to the respondent, under the law of another country any functions corresponding to the functions of a person falling within paragraph (a), (b) or (c);
- pornographic
has the same meaning as in section 62;
- pre-existing E&W offence
means— (a) an offence under section 51 on account of an act constituting genocide, if at the time the act was committed it also amounted to an offence under section 1 of the Genocide Act 1969;
- pre-existing NI offence
means— (a) an offence under section 58 on account of an act constituting genocide, if at the time the act was committed it also amounted to an offence under section 1 of the Genocide Act 1969;
- pre-sentence report
has the same meaning as in the Sentencing Code (see section 31 of the Code).
- preferential debts
has the meaning given by section 386 of the Insolvency Act 1986 (c. 45);
- preferred debts
has the meaning given by section 129(2) of the Bankruptcy (Scotland) Act 2016;
- probation provision
has the meaning given by section 2 of the Offender Management Act 2007 (c. 21);
- Prohibited conduct
means conduct from which it may reasonably be concluded that the person intends to make a determination or finding otherwise than on the basis of the evidence presented at the inquest.
- prohibited image
has the same meaning as in section 62.
- Prohibited image of a child
has the same meaning as in section 62.
- prosecuting authority
means— (a) the Director of Public Prosecutions, or (b) a person of a description prescribed by an order made by the Lord Chancellor;
- prosecutor
means any person acting as prosecutor, whether an individual or body;
- public authority
includes any body, office-holder or other person in respect of which— (a) an order may be made under section 4 or 5 of the Freedom of Information Act 2000, or (b) an order may be made under section 4 or 5 of the Freedom of Information (Scotland) Act 2002;
- publish
means make available to the public or a section of the public;
- punishment part
has the meaning given by section 4 of the 2007 Act;
- qualifying criminal investigation
has the meaning given by section 75;
- qualifying offence
has the meaning given by section 74.
- qualifying offender
means a person who is within subsection (2) or (3) (or both).
- recording
means any disc, tape or other device capable of storing data electronically and from which images may be produced (by any means).
- recoverable amount
has the meaning given by section 155;
- related offence
has the meaning given in paragraph 1(6) of Schedule 1;
- relevant appeal
means an appeal against conviction in relation to which that section applies.
- relevant criminal justice provisions
means provisions of, or made under, an Act which—
- relevant investigator
means— (a) a police force;
- Relevant material
means the material—
- Relevant offence
means an offence under—
- relevant Part 5 offence
means an offence under section 51, 52, 58 or 59 or an offence ancillary to such an offence. 65B 1 In the case of a pre-existing E&W offence committed before 1 September 2001, in section 53(6) “30 years” is to be read as “14 years”. 2 In the case of an offence of the kind mentioned in section 55(1)(d) which is ancillary to a pre-existing E&W offence committed before 1 September 2001, nothing in section 53(5) and (6) disapplies the penalties provided for in sections 4 and 5 of the Criminal Law Act 1967. 3 In the case of a pre-existing NI offence committed before 1 September 2001, in section 60(6) “30 years” is to be read as “14 years”. 4 In the case of an offence of the kind mentioned in section 62(1)(d) which is ancillary to a pre-existing NI offence committed before 1 September 2001, nothing in section 60(5) and (6) disapplies the penalties provided for in sections 4 and 5 of the Criminal Law Act (Northern Ireland) 1967. 5 In this section— • “pre-existing E&W offence” means— (a) an offence under section 51 on account of an act constituting genocide, if at the time the act was committed it also amounted to an offence under section 1 of the Genocide Act 1969
- relevant service court
means—
- senior coroner
means a person appointed under paragraph 1 of Schedule 3;
- senior judge
means a judge of the High Court or the Court of Appeal or a Justice of the Supreme Court.
- sentence of imprisonment
includes— (a) an order for detention in residential accommodation under section 44 of this Act, and (b) a sentence of detention under section 205, 207 or 208 of this Act. 248E 1 This section applies where a person is convicted of an offence for which a court proposes to order the person to be disqualified under section 248 or 248A from holding or obtaining a driving licence and— a the court proposes to impose on the person a sentence of imprisonment for another offence, or b at the time of sentencing for the offence, a sentence of imprisonment imposed on the person on an earlier occasion has not expired. 2 In determining the period for which the person is to be dis
- sentencing guidelines
means guidelines relating to the sentencing of offenders.
- serious harm
has the meaning given by article 15 of Council Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted;
- service court
means— (a) the Court Martial established by the Armed Forces Act 2006 (c. 52), (b) the Summary Appeal Court established by that Act, (c) the Service Civilian Court established by that Act, or (d) the Court Martial Appeal Court;
- service death
means the death of a person who at the time of the death was subject to service law by virtue of section 367 of the Armed Forces Act 2006 (c. 52) and was engaged in—
- service law
means—
- service offence
has the meaning given by section 50(2) of the Armed Forces Act 2006 (c. 52) (read without regard to any order under section 380 of that Act) and also includes an offence under— (a) Part 2 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or paragraph 4(6) of Schedule 5A to that Act, (b) Part 2 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or paragraph 4(6) of Schedule 5A to that Act, or (c) Part 1 or section 47K of the Naval Discipline Act 1957 (c. 53) or paragraph 4(6) of Schedule 4A to that Act;
- service police force
means— (a) the Royal Navy Police, (b) the Royal Military Police, or (c) the Royal Air Force Police;
- Service provider
means a person providing an information society service.
- social care
has the same meaning as in Part 1 of the Health and Social Care Act 2008 (see section 9(3) of that Act).”
- special measures direction
means a direction under section 19 of the Youth Justice and Criminal Evidence Act 1999.
- specified
means specified in the investigation anonymity order concerned.
- specified information
means information— a specified, or described, in the special information notice, or b falling within a category which is specified, or described, in the special information notice. 1B The Commissioner may also specify in the special information notice— a the form in which the information must be furnished;
- specified persons
means persons of a description specified in the direction, or all persons except those of a description specified in the direction.
- state detention
has the meaning given by subsection (2) (read with subsection (2A));
- statutory provision
means provision contained in, or in an instrument made under, any Act (including this Act);
- subordinate legislation
has the same meaning as in the Interpretation Act 1978 (c. 30).
- suspected terrorist detainee
means a detainee detained under section 41 of the Terrorism Act 2000.”
- suspended sentence
has the meaning given by section 189 of the Criminal Justice Act 2003.” “35B 1 This section applies where a person is convicted in England and Wales of an offence for which a court proposes to order the person to be disqualified under section 34 or 35 and— a the court proposes to impose on the person a custodial sentence (other than a suspended sentence) for another offence, or b at the time of sentencing for the offence, a custodial sentence imposed on the person on an earlier occasion has not expired. 2 In determining the period for which the person is to be disqualified under section 34 or 35, the court must have regard to the consideration in subsection (3) if and to
- the 1953 Act
means the Births and Deaths Registration Act 1953 (c. 20);
- the 1988 Act
means the Coroners Act 1988 (c. 13);
- the 2009 Act
means the Coroners and Justice Act 2009;”;
- the 40-day period
means the period of 40 days beginning with the day on which the code is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the 2 days on which it is laid). 11 In calculating the 40-day period, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days. 52C 1 The Commissioner— a must keep the data-sharing code under review, and b may prepare an alteration to that code or a replacement code. 2 Where, by virtue of a review under subsection (1)(a) or otherwise, the Commissioner becomes aware that the terms of the code could result in the United Kingdom being in breach of any of its Community obligations or any other international obligation, the Commissioner must exercise the power under subsection (1)(b) with a view to remedying the situation. 3 Before an alteration or replacement code is prepared under subsection (1), the Commissioner must consult such of the following as the Commissioner considers appropriate— a trade associations (within the meaning of section 51);
- the appropriate authority
means, in relation to England and Wales, the Secretary of State and, in relation to Northern Ireland, the Department of Justice in Northern Ireland.
- the appropriate Minister
means—
- the category range
has the meaning given by section 121(4)(b);
- the Chief Coroner
means a person appointed under paragraph 1 of Schedule 8;
- the Common Council
means the Common Council of the City of London, and “common councillor” is to be read accordingly;
- the Coroner for Treasure
means a person appointed under paragraph 1 of Schedule 4;
- the coroner system
means the system of law and administration relating to investigations and inquests under this Part;
- the Council
means the Sentencing Council for England and Wales;
- the court
means the court which made the exploitation proceeds order;
- the court of trial
means— (a) in relation to an offence (other than a service offence) that is tried summarily, the magistrates' court by which the offence is tried;
- the data-sharing code
means the code issued under section 52B(5) (as altered or replaced from time to time). 52D 1 The Commissioner must publish the code (and any replacement code) issued under section 52B(5). 2 Where an alteration is so issued, the Commissioner must publish either— a the alteration, or b the code or replacement code as altered by it. 52E 1 A failure on the part of any person to act in accordance with any provision of the data-sharing code does not of itself render that person liable to any legal proceedings in any court or tribunal. 2 The data-sharing code is admissible in evidence in any legal proceedings. 3 If any provision of the data-sharing code appears to— a the Tri
- the E-Commerce Directive
means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).
- the inquest period
has the same meaning as in paragraph 5A.
- the offence range
has the meaning given by section 121(4)(a);
- the Refugee Convention
means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention;
- the relevant date
means— a the date on which the registrar is notified in accordance with regulations under section 20(1)(f)(i) or (h)(i) of the 2009 Act (confirmation or certification by medical examiner of cause of death);
- the relevant day
means—
- The relevant period
means—
- The relevant time
means—
- the respondent
has the meaning given by section 155;
- the section 59 commencement date
means the day appointed under section 182 for the coming into force of section 59.
- the section 60 commencement date
means the day appointed under section 182 for the coming into force of section 60.
- the service courts provisions of Chapter 2 of Part 3
means the provisions of Chapter 2 of Part 3, and paragraph 70 of Schedule 21 and paragraphs 16 to 22 of Schedule 22, so far as having effect in relation to service courts.
- the service equivalent of a homicide offence
has the meaning given in paragraph 1(6) of Schedule 1;
- the Statistics Board
means the body corporate established by section 1 of the Statistics and Registration Service Act 2007 (c. 18).
- the total reduced period of disqualification
means the period of disqualification imposed under section 34 (including any extension period added to that period pursuant to section 35A or 35C), as reduced by an order under section 34A;
- the total unreduced period of disqualification
means the period of disqualification imposed under section 34 (including any such extension period), disregarding any reduction by such an order.”
- transitional order
means the order made by virtue of paragraph 1(1).
- treasure
means anything that is treasure for the purposes of the Treasure Act 1996 (c. 24) (and accordingly does not include anything found before 24 September 1997);
- Treasure regulations
means regulations under section 44;
- tri-service serious crime unit
means the unit described in section 375(1A) of the Armed Forces Act 2006.
- tribunal
means any tribunal in which legal proceedings may be brought. 41C 1 The Commissioner must prepare and issue a code of practice as to the manner in which the Commissioner's functions under and in connection with section 41A are to be exercised. 2 The code must in particular— a specify factors to be considered in determining whether to serve an assessment notice on a data controller;
- tribunal buildings
means any building, or part of a building, to which the public have access (other than a court building)— (a) where the business of any tribunal mentioned in section 39(1) of the Tribunals, Courts and Enforcement Act 2007 (c. 15) is carried on, or (b) where the business of any other tribunal designated by the Lord Chancellor, by order, is carried on.
- unclaimed device
means a device retained under this section which has not been returned and whose return has not been requested by a person entitled to it.
- United Kingdom national
means an individual who is— (a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen, (b) a person who under the British Nationality Act 1981 (c. 61) is a British subject, or (c) a British protected person within the meaning of that Act.
- Welsh NHS body
means—
- within a year
means within the period of 12 months beginning with the day on which the coroner was made aware that the person's body was within the coroner's area.
- witness
means a person properly attending before a senior coroner to give evidence at an inquest or in connection with the possibility of doing so (whether or not the person actually gives evidence), but does not include—
- witness anonymity order
has the meaning given by section 86.
- youth justice services
has the meaning given by section 38(4) of the Crime and Disorder Act 1998 (c. 37).