SCHEDULE 1 continued
F1Entry repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15 (Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Entry repealed (E.W) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108 (6)(7) (Sch. 14 paras. 1(1), 27(4)) Sch.15; S.I. 1991/828, art. 3(2).
F1Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 169(c)
In relation to England and Wales—
(a)“indictable offence” means an offence which, if committed by an adult, is triable on indictment, whether it is exclusively so triable or triable either way;
(b)“summary offence” means an offence which, if committed by an adult, is triable only summarily;
(c)“offence triable either way” means an offence [F1, other than an offence triable on indictment only by virtue of Part V of the Criminal Justice Act 1988] which, if committed by an adult, is triable either on indictment or summarily;
and the terms “indictable”, “summary” and “triable either way”, in their application to offences, are to be construed accordingly.
F1Words inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), 170, Sch. 8 para. 16, Sch. 15 para. 59
In the above definitions references to the way or ways in which an offence is triable are to be construed without regard to the effect, if any, of [F1section 22 of the Magistrates’ Courts Act 1980] on the mode of trial in a particular case.
F1Entry added (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(2), Sch. 2 para. 73, Sch. 3 paras. 1, 6
In relation to England and Wales—
(a)references (however expressed) to any relationship between two persons;
(b)references to a person whose father and mother were or were not married to each other at the time of his birth; and
(c)references cognate with references falling within paragraph (b) above,
shall be construed in accordance with section 1 of the Family Law Reform Act 1987. [The date of the coming into force of that section]]
C1Paragraph excluded by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 831(4)
Sections 22, 23.
1The following provisions of this Act apply to Acts whenever passed:—
Section 6(a) and (c) so far as applicable to enactments relating to offences punishable on indictment or on summary conviction
Section 9
Section 10
Section 11 so far as it relates to subordinate legislation made after the year 1889
Section 18
Section 19(2).
2The following apply to Acts passed after the year 1850:—
Section 1
Section 2
Section 3
Section 6(a) and (c) so far as not applicable to such Acts by virtue of paragraph 1
Section 15
Section 17(1).
3The following apply to Acts passed after the year 1889:—
Section 4
Section 7
Section 8
Section 12
Section 13
Section 14 so far as it relates to rules, regulations or byelaws
Section 16(1)
Section 17(2)(a)
Section 19(1)
Section 20(1).
4(1)Subject to the following provisions of this paragraph—
(a)paragraphs of Schedule 1 at the end of which a year or date F1. . . is specified [F2or described] apply, so far as applicable, to Acts passed on or after the date, or after the year, so specified [F2or described]: and
(b)paragraphs of that Schedule at the end of which no year or date is specified [F2or described] apply, so far as applicable, to Acts passed at any time.
(2)The definition of “British Islands”, in its application to Acts passed after the establishment of the Irish Free State but before the commencement of this Act, includes the Republic of Ireland.
(3)The definition of “colony”, in its application to an Act passed at any time before the commencement of this Act, includes—
(a)any colony within the meaning of section 18(3) of the M1Interpretation Act 1889 which was excluded, but in relation only to Acts passed at a later time, by any enactment repealed by this Act;
(b)any country or territory which ceased after that time to be part of Her Majesty’s dominions but subject to a provision for the continuation of existing law as if it had not so ceased;
and paragraph (b) of the definition does not apply.
(4)The definition of “Lord Chancellor” does not apply to Acts passed before 1st October 1921 in which that expression was used in relation to Ireland only.
(5)The definition of “person”, so far as it includes bodies corporate, applies to any provision of an Act whenever passed relating to an offence punishable on indictment or on summary conviction.
(6)This paragraph applies to F3. . . the M2Water Act 1973 as if they were passed after 1st April 1974.
F1Words repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(2)(4), Sch. 2 para. 74, Sch. 3 paras. 1, 6, Sch. 4
F2Words inserted by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(2), Sch. 2 para. 74, Sch. 3 paras. 1, 6
F3Words in Sch. 2 Pt. I para. 4(6) repealed (1.4.1996) by 1995 c. 17, s. 5, Sch. 3 (with Sch. 2 paras. 6, 16)
M11889 c. 63.
M21973 c. 37.
5The following definitions shall be treated as included in Schedule 1 for the purposes specified in this paragraph—
(a)in any Act passed before 1st April 1974, a reference to England includes Berwick upon Tweed and Monmouthshire and, in the case of an Act passed before the M1Welsh Language Act 1967, Wales;
(b)in any Act passed before the commencement of this Act and after the year 1850, “land” includes messuages, tenements and hereditaments, houses and buildings of any tenure;
(c)in any Act passed before the commencement of the M2Criminal Procedure (Scotland) Act 1975, “the Summary Jurisdiction (Scotland) Acts” means Part II of that Act.
6Sections 4(a), 9 and 19(1), and so much of Schedule 1 as defines the following expressions, namely—
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
England;
Local land charges register and appropriate local land charges register;
Police area (and related expressions) in relation to Scotland;
United Kingdom;
Wales,
apply to subordinate legislation made at any time before the commencement of this Act as they apply to Acts passed at that time.
F1Words repealed by British Nationality Act 1981 (c. 61, SIF 87), s. 52(8), Sch. 9
7The definition in Schedule 1 of “county court”, in relation to England and Wales, applies to Orders in Council made after the year 1846.