- a serious offence in a country outside Scotland
means an offence under the law of a country outside Scotland which, at the time when the court is considering the application or matter in question— a would be an offence under the law of Scotland if committed in or as regards Scotland;
- a serious offence in Scotland
means an offence under the law of Scotland which, at the time when the court is considering the application or matter in question— a is specified, or falls within a description specified, in Part 1A of Schedule 1;
- abusing children sexually
means doing anything that constitutes— (a) an offence under Part 1 of the Sexual Offences Act 2003, or under Part 2, 3 or 4 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), against a person under 16, (b) an offence under section 1 of the Protection of Children Act 1978, or under Article 3 of the Protection of Children (Northern Ireland) Order 1978, involving indecent photographs (but not pseudo-photographs),or (c) an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation), or doing anything outside England and Wales or Northern Ireland that would constitute such an offence if done in England and Wales or Northern Ireland;
- act
includes a series of acts;
- act of female genital mutilation
means an act of a kind mentioned in section 1(1);
- appropriate court
means the Court of Session or sheriff;
- appropriate Minister
means— (a) in relation to a relevant body falling within paragraphs (a) to (c) of the definition of “relevant body” below, the Treasury;
- authorisation
means authorisation given for the purposes of this section;
- child
means a person under the age of 18 years;
- civil partnership agreement
has the meaning given by section 73 of the Civil Partnership Act 2004;
- communication device
means an item specified in section 1(3) of the Prisons (Interference with Wireless Telegraphy) Act 2012 (mobile telephones etc);
- communications provider
means a person providing a telecommunications service;
- company
means— (a) a company registered under the Companies Act 2006 in Scotland, or (b) an unregistered company within the meaning of Part 5 of the Insolvency Act 1986 (see section 220 of that Act), but does not include a relevant body;
- compliance order
means an order made under section 13A.”
- controlled drug
has the same meaning as in the Misuse of Drugs Act 1971 (see section 2 of that Act);
- country
includes territory;
- court
means— (a) in relation to England and Wales, the county court;
- custodial institution
means— (a) in relation to England and Wales, a prison, young offender institution, secure training centre or secure college;
- document
means anything in which information of any description is recorded. 6 Any prohibition on dealing with property imposed by a prohibitory property order does not prevent a person from complying with any requirements imposed by virtue of this section. 7 If— a the PPO receiver deals with any property which is not property in respect of which he is appointed under section 255G, and b at the time he deals with the property the PPO receiver believes on reasonable grounds that he is entitled to do so by virtue of his appointment, the PPO receiver is not liable to any person in respect of any loss or damage resulting from his dealing with the property except so far as the loss or damage is
- domestic service provider
means a service provider established in England and Wales or Northern Ireland;
- drug dealing offence
means an offence under section 4(3) of the Misuse of Drugs Act 1971 or section 5 of the Psychoactive Substances Act 2016;
- Drug dealing telecommunications restriction order
means an order requiring a communications provider to take whatever action the order specifies for the purpose of preventing or restricting the use of communication devices in connection with drug dealing offences.
- drug-dealing activity
means the unlawful production, supply, importation or exportation of a controlled drug.
- enactment
includes— (a) an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;
- enforcement officer
means” substitute— “In this section— • “enactment” means any enactment, whenever passed or made, contained in— (a) an Act of Parliament;
- family proceedings
has the same meaning as in Part 4 of the Family Law Act 1996 (see section 63(1) and (2) of that Act), but also includes— (a) proceedings under the inherent jurisdiction of the High Court in relation to adults, (b) proceedings in which the court has made an emergency protection order under section 44 of the Children Act 1989 which includes an exclusion requirement (as defined in section 44A(3) of that Act), and (c) proceedings in which the court has made an order under section 50 of the Children Act 1989 (recovery of abducted children etc);
- female genital mutilation offence
means— (a) an offence under section 1, 2, 3 or 3A;
- full hearing
means a hearing of which notice has been given to all the parties in accordance with rules of court. 23 1 The court may vary or discharge an FGM protection order on an application by— a any party to the proceedings for the order, b the girl being protected by the order (if not a party to the proceedings for the order), or c any person affected by the order. 2 In the case of an order made in criminal proceedings under paragraph 20, the reference in sub-paragraph (1)(a) to a party to the proceedings for the order is to be read as a reference to the prosecution and the defendant. 3 In addition, the court may vary or discharge an FGM protection order made by virtue of paragraph 19(1)(b) or 20 even though no application under sub-paragraph (1) above has been made to the court. 4 Paragraph 22 applies to a variation of an FGM protection order as it applies to the making of such an order (and references in that paragraph to the making of an FGM protection order are to be read accordingly). 24 1 For the purposes of this Part of this Schedule, “the court” means the High Court, or a county court, in Northern Ireland. 2 Sub-paragraph (1) is subject to— a sub-paragraph (3), and b
- genital mutilation offence
means an offence under section 1, 2 or 3;
- healthcare professional
means a person registered with any of the regulatory bodies mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (bodies within remit of the Professional Standards Authority for Health and Social Care);
- Information requirement
means a requirement of the kind referred to in section 5(5)(a) or (b). 2 The law enforcement officer may, for the purpose of— a checking the accuracy of the information, or b discovering the true position, disclose the information to any person who the officer reasonably believes may be able to contribute to doing either of those things. 3 Any other person may disclose information to— a the law enforcement officer, or b a person to whom the law enforcement officer has disclosed information under subsection (2), for the purpose of contributing to doing either of the things mentioned in subsection (2)(a) and (b). 4 The law enforcement officer may also disclose the inf
- interested person
means a person (other than the defendant) who the court thinks is or may be a person holding an interest in the property. 2 For the purpose of obtaining information to help it in carrying out its functions under section 160A the court may at any time order an interested person to give it information specified in the order. 3 An order under this section may require all or a specified part of the information to be given in a specified manner and before a specified date. 4 If an interested person fails without reasonable excuse to comply with an order under this section the court may draw such inference as it believes is appropriate. 5 Subsection (4) does not affect any powe
- item
includes anything in which information of any description is recorded;
- non-UK service provider
means a service provider established in an EEA state other than the United Kingdom;
- Organised crime group
means a group that—
- parental responsibility
has the same meaning as in the Children Act 1989;
- payment
means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount.”
- police or customs officer
means—
- premises
includes any place and, in particular, includes— (a) any vehicle, vessel, aircraft or hovercraft;
- primary legislation
means—
- priority order
means any of the following— a a compensation order under section 130 of the Sentencing Act;
- programme service
has the same meaning as in the Broadcasting Act 1990 (see section 201(1) of that Act);
- prohibited item
means an item within subsection (1).
- prohibited material
means any material the publication of which contravenes paragraph 1(2);
- prostitute
means a person (A) who, on at least one occasion and whether or not compelled to do so, offers or provides sexual services to another person in return for payment or a promise of payment to A or a third person;
- publication
includes any speech, writing, relevant programme or other communication (in whatever form) which is addressed to, or is accessible by, the public at large or any section of the public;
- relative
has the meaning given by section 63(1) of the Family Law Act 1996.
- relevant body
means— (a) a building society (within the meaning of the Building Societies Act 1986);
- relevant order
means— a a restitution order, or b a victim surcharge under section 253F(2) of the Procedure Act. 9 In this Part, “restitution order” is to be construed in accordance with section 253A(2) of the Procedure Act.”
- relevant programme
means a programme included in a programme service;
- relevant third party
means a person specified, or falling within a description of persons specified, by regulations made by the Lord Chancellor (and such regulations may, in particular, specify the Secretary of State). 8 Regulations under sub-paragraph (7) are to be made by statutory instrument, and any such instrument is subject to annulment in pursuance of a resolution of either House of Parliament. 3 The court before which there are criminal proceedings in England and Wales for a genital mutilation offence may make an FGM protection order (without an application being made to it) if— a the court considers that an FGM protection order should be made to protect a girl (whether or not the victim of the offence in relation to the criminal proceedings), and b a person who would be a respondent to any proceedings for an FGM protection order is a defendant in the criminal proceedings. 4 1 A person who without reasonable excuse does anything that the person is prohibited from doing by an FGM protection order is guilty of an offence. 2 In the case of an FGM protection order made by virtue of paragraph 5(1), a person can be guilty of an offence under this paragraph only in respect of co
- search and seizure warrant
means a warrant under section 52;
- senior officer
means— (a) a police officer of at least the rank of inspector;
- serious crime
means— a serious crime in England and Wales, in the case of a serious crime prevention order in England and Wales;
- serious crime prevention order
means— (a) an order under this section;
- serious harm
means—
- Service provider
means a person providing an information society service.
- sexual activity
means an activity that a reasonable person would, in all the circumstances but regardless of any person's purpose, consider to be sexual. 3 A person guilty of an offence under this section is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or a fine or both;
- social care worker
means a person registered in a register maintained by the Care Council for Wales under section 56 of the Care Standards Act 2000;
- supplying
includes distributing;
- teacher
means— (a) in relation to England, a person within section 141A(1) of the Education Act 2002 (persons employed or engaged to carry out teaching work at schools and other institutions in England);
- telecommunication system
means any system (including the apparatus comprised in it) that exists (whether wholly or partly in the United Kingdom or elsewhere) for the purpose of facilitating the transmission of communications by any means involving the use of electrical or electro-magnetic energy.
- Telecommunications restriction order
means an order requiring a communications provider to take whatever action the order specifies for the purpose of preventing or restricting the use of communication devices by persons detained in custodial institutions.
- telecommunications service
has the meaning given by section 261 of the Investigatory Powers Act 2016.
- the court
includes a reference to a judge of the court or, in the case of proceedings in a magistrates' court, a justice of the peace. 11 1 Where a person is remanded on bail, the court may direct that the person's recognizance be conditioned for his or her appearance— a before the court at the end of the period of remand, or b at every time and place to which during the course of the proceedings the hearing may from time to time be adjourned. 2 Where a recognizance is conditioned for a person's appearance as mentioned in sub-paragraph (1), the fixing of any time for the person next to appear is to be treated as a remand. 3 Nothing in this paragraph deprives the court of power at any subsequent hearing to remand a person afresh. 12 1 The court may not remand a person for a period exceeding 8 clear days unless— a the court adjourns a case under paragraph 9(1), or b the person is remanded on bail and both that person and the other party to the proceedings (or, in the case of criminal proceedings, the prosecution) consent. 2 If sub-paragraph (1)(a) applies, the person may be remanded for the period of the adjournment. 3 Where the court has power to remand a person in custody, the pe
- 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 public interest objective
means the pursuit of public policy. 6 1 A service provider does not commit an offence under paragraph 2 by providing access to a communication network or by transmitting, in a communication network, information provided by a recipient of the service, if 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. 2 For the purposes of sub-paragraph (1)— a providing access to a communication network, and b transmitting information in a communication network, include 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. 3 Sub-paragraph (2) does not apply if the information is stored for longer than is reasonably necessary for the transmission. 7 1 A service provider does not commit an offence under paragraph 2 by storing information provided by a recipient of the service for transmission in a communication network if the first and second conditions are met. 2 The first condition is that the storage of the information— a
- the relevant time
means the time when the mutilation takes place.”
- the victim
means the person against whom the female genital mutilation offence in question is alleged to have been committed. 4 1 Paragraph 2 applies to a domestic service provider who, in the course of providing information society services, publishes prohibited matter in an EEA state other than the United Kingdom (as well as to a person, of any description, who publishes prohibited matter in England and Wales or Northern Ireland). 2 Proceedings for an offence under paragraph 2, as it applies to a domestic service provider by virtue of sub-paragraph (1), may be taken at any place in England and Wales or Northern Ireland. 3 Nothing in this paragraph affects the operation of any of paragraphs 6 to 8. 5 1 Proceedings for an offence under paragraph 2 may not be taken against a non-UK service provider in respect of anything done in the course of the provision of information society services unless the derogation condition is met. 2 The derogation condition is that taking proceedings— a is necessary for the purposes of the public interest objective, b relates to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to that obje
- 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 is a British subject, or (c) a British protected person within the meaning of that Act.
- unlawful
means— (a) in relation to a supply, unlawful under section 4 of the Misuse of Drugs Act 1971;
- violence
includes a threat of violence. 7 In this Part “drug-dealing activity” means the unlawful production, supply, importation or exportation of a controlled drug.