- Act
includes an Act or Measure of the National Assembly for Wales;
- adult
means an individual aged 18 or over;
- an appropriate address
means— a an address at which, under the person's licence, the person is permitted to reside or stay, or b an address nominated, in accordance with the person's licence, for the purposes of this section. 4 A person is also to be treated for the purposes of subsection (1)(a) as having been notified of the recall if— a the person's licence requires the person to keep in touch in accordance with any instructions given by an officer of a provider of probation services, b the person has failed to comply with such an instruction, and c the person has not complied with such an instruction for at least 6 months. 5 A person who is guilty of an offence under this section is liable— a on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine (or both);
- appropriate person
has the same meaning as in section 50;
- approved regulator
has the meaning given by section 20 of the Legal Services Act 2007;
- Armed forces provision
means—
- benefit
means— (a) any benefit, whether or not in money or other property and whether temporary or permanent, and (b) any opportunity to obtain a benefit;
- care home service
has the meaning given in paragraph 1 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016;
- Care provider
means— subject to section 22.
- Care worker
means an individual who, as paid work, provides— including an individual who, as paid work, supervises or manages individuals providing such care or is a director or similar officer of an organisation which provides such care.
- child
means an individual aged under 18;
- childminding
has the same meaning as in Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1);
- claim
includes a counter-claim and, accordingly, “claimant” includes a counter-claimant and “defendant” includes a defendant to a counter-claim;
- claimant
includes a counter-claimant and “defendant” includes a defendant to a counter-claim;
- coherence
refers to a person's ability in giving evidence to give answers which address the questions put to the person and can be understood both individually and collectively);
- contracted-out functions
has the meaning given in paragraph 20;
- contracted-out secure college
means a secure college or part of a secure college in respect of which a contract under this Part of this Schedule is for the time being in force;
- costs capping order
has the meaning given in subsection (2);
- custodial period
means— a in relation to an extended sentence imposed under section 226A or 226B, two-thirds of the appropriate custodial term determined by the court under that section, b in relation to an extended sentence imposed under section 227 or 228, one-half of the appropriate custodial term determined by the court under that section, c in relation to a sentence imposed under section 236A, one-half of the appropriate custodial term determined by the court under that section, and d in relation to any other sentence, one-half of the sentence.”
- day care
has the same meaning as in Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1);
- defendant
includes a defendant to a counter-claim;
- directly managed secure college
means a secure college which is not a contracted-out secure college;
- disqualification from driving
means disqualification from holding or obtaining a licence to drive a motor vehicle.”
- Driver
has the same meaning as in Article 2(2) of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18)). 2 An offence under Article 168A(1)(c) of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) (driving while disqualified). 3 An offence under Article 175(2) of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) (failing to stop after accident and give particulars or report of accident). 4 An offence under any of the following Articles of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18))— a Article 9 (causing death or grievous bodily injury by dangerous driving), b Article 10 (dangerous driving), c Artic
- early years provision
has the meaning given in section 96 of the Childcare Act 2006;
- either-way offence
means an offence triable either way;
- 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).”
- electronic monitoring condition
means a condition requiring the person to submit to either or both of the following— a electronic monitoring of the person's compliance with another condition of release, and b electronic monitoring of the person's whereabouts (other than for the purpose of monitoring compliance with another condition of release).”
- excluded health care
has the meaning given in Schedule 4.
- extreme image
has the meaning given by section 63(5A);
- extreme pornographic image
has the meaning given by section 63(2) and in determining whether a domestic service provider is in possession of such an image— a where the service provider is established in England and Wales, “extreme image” has the meaning given by section 63(5A);
- foster parent
means— (a) a local authority foster parent within the meaning of the Children Act 1989, (b) a person with whom a child has been placed by a voluntary organisation under section 59(1)(a) of that Act, or (c) a private foster parent within the meaning of section 53 of the Safeguarding Vulnerable Groups Act 2006.
- free of charge
means otherwise than for or in expectation of fee, gain or reward;
- Health care
includes— and “excluded health care” has the meaning given in Schedule 4.
- higher education
has the meaning given in section 579(1) of the Education Act 1996;
- indictable-only offence
means an offence which, if committed by an adult, is triable only on indictment.
- judicial review proceedings
means— (a) proceedings on an application for leave to apply for judicial review, (b) proceedings on an application for judicial review, (c) any proceedings on an application for leave to appeal from a decision in proceedings described in paragraph (a) or (b), and (d) proceedings on an appeal from such a decision, and the proceedings described in paragraphs (a) to (d) are “stages” of judicial review proceedings.
- later years provision
has the meaning given in section 96 of the Childcare Act 2006;
- lay member
means a member of the Court Martial other than a judge advocate. 2 References in this Schedule to a member, or lay member, of the Court Martial are to any member, or lay member, whether or not the person is a person subject to service law or a civilian subject to service discipline. 3 In this Schedule, “the trial period”, in relation to a person specified as a lay member of the Court Martial for proceedings, is the period— a beginning when the person is sworn to try the case, and b ending when the proceedings terminate or, if earlier, when the lay member is discharged by the judge advocate. 2 1 It is an offence for a lay member of the Court Martial for proceedings to research the case that is the subject of the proceedings during the trial period, subject to the exceptions in sub-paragraphs (5) and (6). 2 A person researches a case if (and only if) the person— a intentionally seeks information, and b when doing so, knows or ought reasonably to know that the information is or may be relevant to the case. 3 The ways in which a person may seek information include— a asking a question, b searching an electronic database, including by means of the internet, c visiting or in
- lease
includes an underlease;
- legal services
means services provided by a person which consist of or include legal activities (within the meaning of the Legal Services Act 2007) carried on by or on behalf of that person;
- local authority
means—
- personal injury
includes any disease and any other impairment of a person's physical or mental condition;
- Prohibited conduct
means conduct from which it may reasonably be concluded that the person intends to make a finding on a charge or a decision about a sentence otherwise than on the basis of the evidence presented in the proceedings. 3 An offence under this paragraph is committed whether or not the person knows that the conduct is prohibited conduct. 4 It is not an offence under this paragraph for a person to research the case that is the subject of the proceedings (as defined in paragraph 2(2) to (4)). 5 It is not an offence under this paragraph for a person to disclose information to another lay member of the Court Martial. 6 A person guilty of an offence under this paragraph is liable to any punishment mentioned in the Table in section 164, but a sentence of imprisonment imposed in respect of the offence must not exceed two years. 5 1 It is an offence for a person intentionally— a to disclose information about statements made, opinions expressed, arguments advanced or votes cast by members of the Court Martial for proceedings in the course of their deliberations, or b to solicit or obtain such information, subject to the exceptions in paragraphs 6 to 8. 2 Where a person guilty
- publication
includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme shall be taken to be so addressed), but does not include a document prepared for use in particular legal proceedings;
- publish
means make available to the public or a section of the public;
- registered adoption society
means an adoption society (as defined in section 2 of the Adoption and Children Act 2002) which is a voluntary organisation (as defined in that section) and in respect of which a person is registered under Part 2 of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2);
- registered adoption support agency
means an adoption support agency (as defined in section 8 of the Adoption and Children Act 2002) in respect of which a person is registered under Part 2 of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.
- Regulated care
means—
- Regulated establishment
means—
- related claim
means a claim for damages in respect of personal injury which is made— (a) in connection with the same incident or series of incidents in connection with which the primary claim is made, and (b) by a person other than the person who made the primary claim.
- relevant act
means— a in relation to England and Wales, an act within section 63(7)(a) or (b) or (7A)(a) or (b);
- relevant costs order
means an order made under section 250(5) of the Local Government Act 1972 (orders as to costs of parties), as applied by virtue of any provision of this Act.”
- relevant duty of care
means— but only to the extent that the duty is owed in connection with providing, or arranging for the provision of, regulated care.
- relevant investigator
means— (a) a police force listed in section 375;
- Relevant offence
means an offence under an Act, or an instrument made under an Act, dealing with—
- relevant programme
means a programme included in a programme service within the meaning of the Broadcasting Act 1990.”
- Republic of Ireland licence
means a licence to drive a motor vehicle granted under the law of the Republic of Ireland, including a learner permit.”
- reserved matters
has the same meaning as in the Scotland Act 1998.”
- residential family centre
has the meaning given in section 4 of the Care Standards Act 2000. • “residential family centre service” has the meaning given in paragraph 3 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016. • “secure accommodation service” has the meaning given in paragraph 2 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016.
- residential family centre service
has the meaning given in paragraph 3 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016. • “secure accommodation service” has the meaning given in paragraph 2 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016.
- secure accommodation service
has the meaning given in paragraph 2 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016.
- secure college custody officer
has the meaning given in paragraph 16;
- secure college rules
means rules made under section 47 of the Prison Act 1952 for the regulation and management of secure colleges;
- senior coroner
has the same meaning as in the Coroners and Justice Act 2009.”
- serious injury
means— a in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, and b in Scotland, severe physical injury.”
- Service provider
means a person providing an information society service. 5 For the purpose of interpreting references in this Schedule to a service provider who is established in England and Wales, Scotland, Northern Ireland or an EEA state— a a service provider is established in England and Wales, Scotland, Northern Ireland or in a particular EEA state, if the service provider— i effectively pursues an economic activity using a fixed establishment in England and Wales, Scotland, Northern Ireland or that EEA state, for an indefinite period, and ii is a national of an EEA state or a company or firm mentioned in Article 54 of the Treaty on the Functioning of the European Union;
- single justice procedure notice
has the meaning given by section 29 of the Criminal Justice Act 2003.”
- Social care
includes all forms of personal care and other practical assistance provided for individuals who are in need of such care or assistance by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs or any other similar circumstances.
- statement
means any representation of fact or opinion.”
- tenancy
includes a sub-tenancy.
- the appropriate custodial term
means the term determined as such by the court under section 236A;
- the conduct complained of
means the conduct (or alleged conduct) of the respondent that the applicant claims justifies the tribunal in granting relief. 3E If, on considering the question mentioned in subsection (3C)(a) and (b), it appears to the tribunal to be highly likely that the outcome for the applicant would not have been substantially different, the tribunal must refuse to grant permission. 3F The tribunal may disregard the requirement in subsection (3E) if it considers that it is appropriate to do so for reasons of exceptional public interest. 3G If the tribunal grants permission in reliance on subsection (3F), the tribunal must certify that the condition in subsection (3F) is sati
- the court
means the High Court or the Court of Appeal;
- the Director of Legal Aid Casework
means the civil servant designated under section 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.”
- 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). 4 “Recipient”, in relation to a service, means a person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible. 5 “Service provider” means a person providing an information society service. 6 For the purpose of interpreting references in this Schedule to a service provider who is established in England and Wales or an EEA state— a a service provider is established in England and Wales or in a particular EEA state, if the service provider— i effectively pursues an economic activity using a fixed establishment in England and Wales or that EEA state, for an indefinite period, and ii is a national of an EEA state or a company or firm mentioned in Article 54 of the Treaty on the Functioning of the European Union;
- the inquest period
has the same meaning as in paragraph 5A. 5C 1 It is an offence for a member of a jury at an inquest intentionally to engage in prohibited conduct during the inquest period, subject to the exceptions in sub-paragraphs (4) and (5). 2 “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. 3 An offence under this paragraph is committed whether or not the person knows that the conduct is prohibited conduct. 4 It is not an offence under this paragraph for a member of the jury to research the case (as defined in paragraph 5A(2) t
- The public interest objective
means the pursuit of public policy. 3 1 A service provider is not capable of being guilty of an offence under section 39 in respect of anything done in the course of providing so much of an information society service as consists in— a the provision of access to a communication network, or b the transmission in a communication network of information provided by a recipient of the service, if the condition in sub-paragraph (2) is satisfied. 2 The condition is that the service provider does not— a initiate the transmission, b select the recipient of the transmission, or c select or modify the information contained in the transmission. 3 For the purposes of sub-paragraph (1)— a the provision of access to a communication network, and b the transmission of information in a communication network, includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network. 4 Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission. 4 1 This paragraph applies where an information socie
- the relevant part of the United Kingdom
means— a where the offender was normally resident in the United Kingdom when convicted, the part of the United Kingdom in which the offender was normally resident at that time;
- the requisite custodial period
means— (a) in relation to a person serving one sentence, one-half of the appropriate custodial term, and (b) in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2).”
- the specified agreement on driving disqualifications
means the agreement specified from time to time by the Secretary of State by regulations for the purposes of this Chapter. 2 The Secretary of State may only specify an agreement made— a between the United Kingdom and the Republic of Ireland, and b for the purpose of giving effect in one of those States to disqualification from driving imposed in the other on conviction for an offence. 3 In this section, “disqualification from driving” means disqualification from holding or obtaining a licence to drive a motor vehicle.”
- the transitional period
means the period—
- the trial period
has the same meaning as in section 20A.”
- 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 waters
means the sea and other waters within the seaward limits of the United Kingdom's territorial sea.
- vagina
includes vulva.”
- young person
means a person who is aged under 18 or who was aged under 18 when convicted of the offence or remanded. 3 Sections 1 to 42A and Schedule A1 (“the prisons provisions”) apply in relation to places listed in subsection (1) and to persons detained in them as they apply to prisons and prisoners, subject to subsections (4) to (7). 4 The following provisions do not apply in relation to the following places— 5 In their application in relation to secure colleges, the prisons provisions apply as if references to the governor and deputy governor were references to the principal and deputy principal. 6 In their application in relation to places listed in subsection (1), the prisons provisions apply— a as if references to imprisonment included references to detention in those places, and b subject to any other modifications specified in rules made by the Secretary of State (but see subsection (7)). 7 The following provisions, as they apply in relation to the following places, may not be modified by rules made under this section— 8 Rules made under this section may— a make different provision for different cases;