- aggravated damages
means damages that were commonly called aggravated before the passing of this Act and which—
- ancillary
has the meaning given in section 6(3) of the Northern Ireland Act 1998;
- appeal on human rights grounds
means an appeal against the order for the person's extradition on the grounds (and only on the grounds) that the extradition would not be compatible with the Convention rights within the meaning of the Human Rights Act 1998.”
- appropriate
means appropriate in the Secretary of State's view;
- appropriate amount
means—
- appropriate consent
means—
- Approved regulator
means a body recognised as a regulator of relevant publishers.
- associated terms and conditions
means such terms and conditions as may appear to the Secretary of State to fall to be determined in association with the determination of rates of pay and allowances.
- Beneficiaries
includes beneficiaries with a contingent interest in the trust property and potential beneficiaries. 7 “The relevant part of the United Kingdom” has the meaning given in section 282A(4). 8 “The unlawful conduct” means— a in a case in which the property in question was obtained through unlawful conduct, that conduct, b in a case in which the property in question represents property obtained through unlawful conduct, that conduct, or c in a case in which it is shown that the property in question was obtained through unlawful conduct of one of a number of kinds or represents property so obtained (see section 242(2)(b)), one or more of those kinds of conduct.”
- building
includes a vehicle or vessel, and • “forces accommodation” means service living accommodation for the purposes of Part 3 of the Armed Forces Act 2006 by virtue of section 96(1)(a) or (b) of that Act.”
- changeover
means the time when section 1 comes into force;
- chief officer
means— (a) the chief constable of a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);
- child
means a person under the age of 18;
- Commissioners
means the Commissioners for Her Majesty's Revenue and Customs;
- community order
includes a service community order) for “177(3)” substitute “ 177(2A) ”.
- conduct
includes a reference to omissions;
- court
means the High Court or the family court.”
- court building
means any building— a where the business of the Supreme Court, or of the Judicial Committee of the Privy Council, is carried on, and b to which the public has access. 51B 1 A Supreme Court security officer acting in the execution of the officer's duty may search— a any person who is in, or seeking to enter, a court building, and b any article in the possession of such a person. 2 Subsection (1) does not authorise a Supreme Court security officer to require a person to remove any of the person's clothing other than a coat, jacket, headgear, gloves or footwear. 3 A Supreme Court security officer acting in the execution of the officer's duty may exclude or remove from a court building, or a part of a court building, any person who refuses— a to permit a search under subsection (1), or b to surrender an article in the person's possession when asked to do so under section 51C(1). 4 A Supreme Court security officer acting in the execution of the officer's duty may— a restrain any person who is in a court building, or b exclude or remove any person from a court building, or a part of a court building, if it is reasonably necessary to do so for one of the purposes given in
- customs matter
means any matter other than— (a) a matter to which section 7 of the Commissioners for Revenue and Customs Act 2005 applies (former Inland Revenue matters), or (b) any tax or duty not mentioned in Schedule 1 to that Act (which lists such matters);
- customs premises
means premises wholly or partly occupied by persons designated under section 3 (general customs officials) or section 11 (customs revenue officials) of the Borders, Citizenship and Immigration Act 2009;
- customs revenue official
has the same meaning as in the Borders, Citizenship and Immigration Act 2009 (see section 11 of that Act);
- d NCA
means the National Crime Agency;
- designated officer
means the Director General or any other NCA officer if designated as having operational powers;
- designated officers
includes a description of such officers.
- designated prosecutor
means— (a) a member of the Crown Prosecution Service, or (b) any other person who— (i) is a prosecutor designated for the purposes of this section by order made by the Secretary of State, or (ii) is within a description of prosecutors so designated;
- designated transferee
means a person in respect of whom a staff transfer scheme makes provision of the kind referred to in paragraph 2(1)(a) or (b);
- designation
means— (a) a designation of the Director General under section 9, or (b) a designation of any other NCA officer under section 10;
- devolution issue
has the same meaning as in Schedule 6 to the Scotland Act 1998.”
- direction
means a direction under any provision of this Part of this Schedule;
- Director General
means the Director General of the National Crime Agency;
- Director of Border Revenue
means the person designated under section 6 of the Borders, Citizenship and Immigration Act 2009;
- document
means anything in which information of any description is recorded;
- Employee
has the same meaning as in the Employment Rights Act 1996 (see section 230 of that Act).
- enactment
means any enactment, whenever passed or made, contained in— (a) an Act of Parliament;
- England and Wales police force
means— (a) a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);
- equipment
includes—
- Evidence
includes documents, information in any other form and material. 375B 1 This section applies to evidence obtained by means of a request for assistance under section 375A. 2 The evidence must not be used for any purpose other than— a for the purposes of the investigation for which it was obtained, or b for the purposes of proceedings described in subsection (3) or any proceedings arising out of such proceedings. 3 Those proceedings are— a if the request was made for the purposes of a civil recovery investigation, proceedings under Chapter 2 of Part 5 of this Act arising out of the investigation;
- existing extradition bar questions
means— (a) the questions in section 11(1) of the Extradition Act 2003 (in the case of a Part 1 warrant), or (b) the questions in section 79(1) of that Act (in the case of a request for the person's extradition), as those questions stand before their amendment by this Part of this Schedule;
- extradition offence
means the offence specified in the Part 1 warrant (including the conduct that constitutes the extradition offence);
- facilities
means—
- facility-sharing arrangements
means arrangements under any other provision of this Part of this Schedule.
- fee-remission application
means an application for any relief available to recipients of a social security benefit, or tax credit, from fees under any of— (a) section 92 of the Courts Act 2003 (court fees), (b) section 52 of the Constitutional Reform Act 2005 (Supreme Court fees), (c) section 54 of the Mental Capacity Act 2005 (Court of Protection fees), (d) section 58 of that Act (Public Guardian fees), (e) section 42 of the Tribunals, Courts and Enforcement Act 2007 (tribunal fees), (f) paragraph 9 of Schedule 12 to the Commonhold and Leasehold Reform Act 2002 (leasehold valuation tribunal fees), (g) paragraph 11 of Schedule 13 to the Housing Act 2004 (residential property tribunal fees), and (h) section 7 of the Gender Recognition Act 2004 (Gender Recognition Panel fees);
- final period
means the period which—
- finances information
means information which— (a) is about a person's income, gains or capital, and (b) is held— (i) by Her Majesty's Revenue and Customs, or (ii) by a person providing services to the Commissioners for Her Majesty's Revenue and Customs, in connection with the provision of those services;
- fines officer
has the meaning given by section 36;
- forces accommodation
means service living accommodation for the purposes of Part 3 of the Armed Forces Act 2006 by virtue of section 96(1)(a) or (b) of that Act.”
- forum proceedings
has the meaning given in section 83B(1);
- function
means a function of any description, including a power or duty (whether conferred by an enactment or arising otherwise).
- functions
means all functions of any description, including powers and duties, whether conferred by an enactment or arising otherwise;
- fundholding body
means— (a) the policing body (in relation to any UK police force other than the Police Service of Northern Ireland);
- GCHQ
has the same meaning as in the Intelligence Services Act 1994;
- general customs official
has the same meaning as in Borders, Citizenship and Immigration Act 2009 (see section 3 of that Act);
- Head of Division
means— (a) the Master of the Rolls, (b) the President of the Queen's Bench Division, (c) the President of the Family Division, or (d) the President of the Business and Property Division;
- HMIC
means Her Majesty's Inspectors of Constabulary;
- Home Office
means the department of the Secretary of State having responsibility for policing;
- human rights representations
means representations that the extradition would not be compatible with the Convention rights within the meaning of the Human Rights Act 1998;
- immigration facilities
means facilities provided in connection with the exercise of— (a) functions of the Secretary of State relating to immigration, asylum or nationality, or (b) functions of an immigration officer;
- individual
includes—
- inspection
means an inspection under section 11(1) or (2);
- instrument
includes a designation, authorisation, warrant, or order of any court;
- intelligence service
means— (a) the Security Service, (b) the Secret Intelligence Service, or (c) GCHQ (which has the same meaning as in the Intelligence Services Act 1994);
- intelligence service disclosure arrangements
means— (a) arrangements made by the Director-General of the Security Service under section 2(2)(a) of the Security Service Act 1989 about the disclosure of information by that Service, (b) arrangements made by the Chief of the Intelligence Service under section 2(2)(a) of the Intelligence Services Act 1994 about the disclosure of information by that Service, or (c) arrangements made by the Director of GCHQ under section 4(2)(a) of that Act about the disclosure of information by GCHQ.
- intelligence service information
means information obtained from an intelligence service or a person acting on behalf of an intelligence service;
- Island law enforcement agency
means any person charged with the duty of investigating or prosecuting offences who operates in any of the Channel Islands or in the Isle of Man (apart from an Island police force);
- Island police force
means— (a) the States of Jersey Police Force;
- judicial office holder
has the meaning given by section 109(4) of that Act. 10 No proceedings in the family court are to be with a jury. 31E 1 In any proceedings in the family court, the court may make any order— a which could be made by the High Court if the proceedings were in the High Court, or b which could be made by the county court if the proceedings were in the county court. 2 In its application to a power of the High Court to issue a writ directed to an enforcement officer, subsection (1)(a) gives the family court power to issue a warrant, directed to an officer of the family court, containing provision corresponding to any that might be contained in the writ. 3 Subsection (1) is subject to section 38(3) of the County Courts Act 1984. 4 Subsection (1) is without prejudice to, and not limited by, any other powers of the family court. 5 The Lord Chancellor may by regulations make provision, about or in connection with the effect or execution of warrants issued by the family court for enforcing any order or judgment enforceable by the court, that corresponds to any provision applying in relation to the effect or execution of writs issued by the High Court, or warrants issue
- knife
includes— a a knife-blade, and b any other article which— i has a blade or is sharply pointed, and ii is made or adapted for use for causing injury to the person. 51D 1 The Lord Chancellor may by regulations make provision as to— a the provision to persons— i by whom articles have been surrendered in response to a request under subsection (1) of section 51C, or ii from whom articles have been seized under that subsection, of written information about the powers of retention of Supreme Court security officers, b the keeping of records about articles which have been so surrendered or seized, c the period for which unclaimed articles have to be kept, and d the disposal of unclaimed articles at the end of that period. 2 In subsection (1) “unclaimed article” means an article— a which has been retained under section 51C, b which a person is entitled to have returned, c which has not been returned, and d whose return has not been requested by a person entitled to it. 3 Without prejudice to the generality of subsection (1), the Lord Chancellor must by regulations make provision as to— a the procedure to be followed when a knife is retained under section 51C;
- lay judge of the family court
means a judge of the court who is within section 31C(1)(y). 3 Subsection (2) does not limit— a the functions of a justices' clerk, or b the matters on which any judge of the family court may obtain assistance from a justices' clerk. 4 A justices' clerk is not subject to the direction of the Lord Chancellor or any other person when carrying out— a a function of the family court or of a judge of the court, or b a function specified in subsection (2);
- legal representative
means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act). 31D 1 Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 (process for making designated rules) about— a the composition of the family court, and b the distribution of business of the family court among judges of the court. 2 Rules about the composition of the family court may in particular— a provide for the court to be constituted differently for the purpose of deciding different matters;
- limitation
means a limitation included in a designation under paragraph 6;
- local policing body
means— (a) a police and crime commissioner;
- Micro-business
means a business which—
- Multi-author blog
means a blog that contains contributions from different authors.
- NCA
means the National Crime Agency;
- News-related material
means—
- no-strike provisions
means subsections (1) to (3) of this section;
- non-human-rights ground
means any ground other than the ground that removal of the person from the United Kingdom in consequence of the decision to make the deportation order would be unlawful under section 6 of the Human Rights Act 1998 as being incompatible with a person's Convention rights. 2F If a certificate in respect of a person is given under subsection (2B), the person may apply to the Special Immigration Appeals Commission to set aside the certificate. 2G If a person makes an application under subsection (2F) then the Commission, in determining whether the certificate should be set aside, must apply the principles that would be applied in judicial review proceedings. 2H The Commi
- Northern Ireland body
means— (a) the Police Service of Northern Ireland, (b) a Northern Ireland department, and (c) any other person operating in Northern Ireland, and not operating in any other part of the United Kingdom, charged with the duty of investigating or prosecuting offences;
- Northern Ireland general authorisation
means an agreement between— (a) the Director General, and (b) the Department of Justice in Northern Ireland, about the exercise of the powers and privileges of Northern Ireland constables by NCA officers;
- NPIA
means the National Policing Improvement Agency;
- operational power
means any of the following— (a) a power or privilege of a constable;
- part of the United Kingdom
means— (a) England and Wales;
- pension supervising authority
means the Secretary of State;”
- permitted purpose
means any of the following purposes— (a) the prevention or detection of crime, whether in the United Kingdom or elsewhere;
- police pension authority
means the Director General of the National Crime Agency and “pension supervising authority” means the Secretary of State;”
- police pension scheme
means a pension scheme provided for under— a section 1 above, or b section 25(2)(k) or 26(2)(g) of the Police (Northern Ireland) Act 1998.”
- policing body
means— (a) a police and crime commissioner;
- policing inspectorate
means— (a) HMIC or any person carrying out the functions of the HMIC, and (b) the Scottish inspectors or any person carrying out the functions of the Scottish inspectors. • “request” means a request under section 11(2) for an inspection;
- powers and privileges of a constable that are exercisable overseas
means the powers and privileges of a constable if, and to the extent that, they are exercisable outside the United Kingdom and the United Kingdom waters;
- powers and privileges of a Northern Ireland constable
means the powers and privileges of a constable if, and to the extent that, they are exercisable in Northern Ireland or the adjacent United Kingdom waters;
- powers and privileges of a Scottish constable
means the powers and privileges of a constable if, and to the extent that, they are exercisable in Scotland or the adjacent United Kingdom waters;
- powers and privileges of an English and Welsh constable
means the powers and privileges of a constable if, and to the extent that, they are exercisable in England and Wales or the adjacent United Kingdom waters;
- powers of designation
means the powers conferred by subsections (2) and (3).
- prescribed
means prescribed by an order under subsection (1).
- primary legislation
means— (a) an Act of Parliament, (b) an Act of the Scottish Parliament, (c) a Measure or Act of the National Assembly for Wales, or (d) Northern Ireland legislation;
- proceeds of forfeitures
means—
- prosecutor
means a person who has responsibility for prosecuting offences in any part of the United Kingdom (whether or not the person also has other responsibilities);
- Public body
means a person or body whose functions are of a public nature.
- recording
means a visual or sound recording on any medium, including (in particular)— (a) films and other video-recordings, with or without sound, (b) other photographs, and (c) sketches and portraits;
- relevant authority
means— (a) the Secretary of State (in the case of a disclosure or further disclosure of information held, when disclosed to the NCA, for the purposes of the functions of the Secretary of State);
- Relevant claim
means a civil claim made in respect of any of the following—
- relevant commencement day
means—
- relevant devolution issue
means a devolution issue relating to the person's extradition. 8 This section applies only to Scotland.”
- relevant employment legislation
means— (a) the Trade Union and Labour Relations (Consolidation) Act 1992;
- relevant function
means a function exercisable by any person in relation to—
- relevant functions
means functions under any of the following— • section 5 of the Public Notaries Act 1843 (functions of President of the Business and Property Division in relation to refusal of master of the faculties to grant a faculty to practise as a public notary);
- relevant investigatory activity
means any activity which is authorised by...—
- relevant legislation
means—
- relevant list
means—
- relevant metropolitan body
means—
- relevant nationality enactment
means any enactment in— a the British Nationality Act 1981, b the Hong Kong Act 1985, c the Hong Kong (War Wives and Widows) Act 1996, d the British Nationality (Hong Kong) Act 1997, e the British Overseas Territories Act 2002, or f an instrument made under any of those Acts.”
- relevant period
means the period that— (a) begins when the Secretary of State issues a certificate under section 70 of the Extradition Act 2003 in relation to the extradition, and (b) ends when the amendments made by this Part of this Schedule come into force;
- relevant person
means— (a) the Lord Chancellor, (b) the Secretary of State, (c) a person providing services to the Lord Chancellor or to the Secretary of State, (d) any of the officers or staff of the Supreme Court, or (e) any of the officers or staff of, or a person providing services to, the Public Guardian appointed for the purposes of the Mental Capacity Act 2005;
- relevant publisher
means a person who, in the course of a business (whether or not carried on with a view to profit), publishes news-related material—
- relevant restriction
means any provision of this Part of this Act (however expressed) which prohibits or otherwise restricts the further disclosure of information disclosed by an NCA officer (including a provision which limits the purposes for which such information may be further disclosed or which requires a person's consent to be obtained before the further disclosure).
- relevant subordinate legislation
means Orders in Council, orders, rules, regulations, schemes, warrants, byelaws and other instruments made before the end of the Session of Parliament in which this Act is passed under—
- relevant table
means the table in paragraph 7.
- report
means a report for the purposes of section 9 containing recommendations as to the operational powers which the Director General should have.
- request
means a request under section 11(2) for an inspection;
- request for assistance
means such a request under any provision of this Part of this Schedule.
- Scottish body
means— (a) the Scottish Police Authority, (b) the Scottish Administration, and (c) any other person operating in Scotland, and not operating in any other part of the United Kingdom, charged with the duty of investigating or prosecuting offences.
- Scottish general authorisation
means an agreement between— (a) the Director General, and (b) the Scottish Ministers, about the exercise of the powers and privileges of Scottish constables by NCA officers;
- Scottish inspectors
means the inspectors of constabulary for which Part 1 of the Police and Fire Reform (Scotland) Act 2012 provides.
- Scottish operational authorisation
means an agreement between— (a) the Director General, and (b) an officer in the Police Service of Scotland who is at or above the rank of Assistant Chief Constable, about the exercise of the powers and privileges of Scottish constables by NCA officers in connection with a particular operation.
- selection guidance
means guidance mentioned in section 27(9).”
- senior judge
means— a the Lord Chief Justice of England and Wales, b the Lord President of the Court of Session, c the Lord Chief Justice of Northern Ireland, or d the Senior President of Tribunals.”
- senior NCA officer
means an NCA officer who is at, or above, a grade specified for this purpose by the Secretary of State in the framework document.
- sensitive material
means material which appears to the responsible prosecutor to be sensitive, including material appearing to be sensitive on grounds relating to— a national security, b international relations, or c the prevention or detection of crime (including grounds relating to the identification or activities of witnesses, informants or any other persons supplying information to the police or any other law enforcement agency who may be in danger if their identities are revealed). 83D 1 No decision of a designated prosecutor relating to a prosecutor's certificate in respect of D's extradition (a “relevant certification decision”) may be questioned except on an appeal under section 103 or 108 against an order for that extradition. 2 In England and Wales, and Northern Ireland, for the purpose of— a determining whether to give permission for a relevant certification decision to be questioned, and b determining any such question (if that permission is given), the High Court must apply the procedures and principles which would be applied by it on an application for judicial review. 3 In Scotland, for the purpose of determining any questioning of a relevant certification decision
- service
means a service of any kind (including the provision of facilities) which is provided by means of the exercise of any NCA function.
- Service Prosecuting Authority
means— (a) the Director of Service Prosecutions, and (b) the persons appointed under section 365 of the Armed Forces Act 2006 (prosecuting officers);
- SOCA
means the Serious Organised Crime Agency.
- social security information
means information which is held for the purposes of functions relating to social security— (a) by the Secretary of State or a Northern Ireland Department, or (b) by a person providing services to the Secretary of State or a Northern Ireland Department, in connection with the provision of those services, or information which is held with information so held;
- special police force
means— (a) the British Transport Police;
- specified
means specified in regulations made— a by the Secretary of State, in relation to driving or attempting to drive, or being in charge of a vehicle, in England and Wales;
- specified body
means a body specified in the first column of this table;
- strategic partners
means— (a) the Scottish Ministers;
- subordinate legislation
has the same meaning as in the Interpretation Act 1978.
- super-affirmative procedure
means the procedure provided for by Schedule 23.
- Supreme Court devolution appeal
means an appeal to the Supreme Court against a determination of a devolution issue relating to a person's extradition. 10 This section applies only to Scotland.”
- tax credit information
means information as to whether a person has been awarded child tax credit or working tax credit which is held— (a) by Her Majesty's Revenue and Customs, or (b) by a person providing services to the Commissioners for Her Majesty's Revenue and Customs, in connection with the provision of those services.
- terrorism
has the same meaning as in the Terrorism Act 2000 — see section 1 of that Act).
- the appropriate authority
means— a the Lord Chancellor where the selection— i is on a request under section 69 or 78, ii relates to the office of Senior President of Tribunals or puisne judge of the High Court, or iii relates to an office listed in Table 1 of Part 1, 2 or 3 of Schedule 14;
- the court
includes certain county courts and magistrates' courts)—
- the data protection legislation
has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
- the Lord Chief Justice
means the Lord Chief Justice of England and Wales;
- the monitoring provisions
means Part 4 of Schedule 16, and section 44 so far as relating to that Part of that Schedule.
- the permitted period
means such period, not exceeding 24 hours from the time the article was surrendered or seized, as will enable the Supreme Court security officer to draw the article to the attention of a constable. 6 Subsections (3) to (5) do not apply where a knife is— a surrendered to a Supreme Court security officer in response to a request under subsection (1), or b seized by a Supreme Court security officer under that subsection, but, instead, the knife must be retained in accordance with regulations under section 51D(3) unless returned or disposed of in accordance with those regulations or regulations under section 51D(1). 7 If a Supreme Court security officer reasonably believes that a retained knife may be evidence of, or in relation to, an offence, nothing in subsection (6) prevents the officer retaining the knife for so long as necessary to enable the officer to draw it to the attention of a constable. 8 In this section “knife” includes— a a knife-blade, and b any other article which— i has a blade or is sharply pointed, and ii is made or adapted for use for causing injury to the person. 51D 1 The Lord Chancellor may by regulations make provision as to— a the provis
- The relevant part of the United Kingdom
means— a in relation to an order made by the High Court in England and Wales, England and Wales, and b in relation to an order made by the Court of Session, Scotland.”
- the Senior Courts
means the Senior Courts of England and Wales.
- the senior judge of the Court
means— a the President of the Court, or b if there is no President, the Deputy President, or c if there is no President and no Deputy President, the senior ordinary judge.”
- the UK GDPR
has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act).
- The unlawful conduct
means— a in a case in which the property in question was obtained through unlawful conduct, that conduct, b in a case in which the property in question represents property obtained through unlawful conduct, that conduct, or c in a case in which it is shown that the property in question was obtained through unlawful conduct of one of a number of kinds or represents property so obtained (see section 242(2)(b)), one or more of those kinds of conduct.”
- Traffic contravention debt
has the meaning given by section 82(2) of the Traffic Management Act 2004.”
- transferred provision
means provision which, if it were contained in an Act of the Northern Ireland Assembly—
- unclaimed article
means an article— a which has been retained under section 51C, b which a person is entitled to have returned, c which has not been returned, and d whose return has not been requested by a person entitled to it. 3 Without prejudice to the generality of subsection (1), the Lord Chancellor must by regulations make provision as to— a the procedure to be followed when a knife is retained under section 51C;
- United Kingdom waters
means the sea and other waters within the seaward limits of the United Kingdom's territorial sea.