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Section 38 Interpretation.

England and Wales

(1)

In this Act, unless the context otherwise requires, the following expressions have the meaning hereby respectively assigned to them, that is to say—

  • “the City” means the City of London;

  • “committed for sentence or order” means committed to be dealt with under F1section 37 or 38 of the M1Magistrates’ Courts Act 1980, or under section 67 of the M2Mental Health Act 1959;

  • F2 . . .

  • “existing”, in relation to any authority or thing, means that authority or thing as it existed immediately before the commencement of this Act;

  • F3. . .

  • “officer” includes the holder of any place, situation or employment and “office” shall be construed accordingly;

  • F4 “Receiver” means the Receiver for the metropolitan police district;

  • F5. . .

(2)

References in this Act to any enactment shall, except in so far as the context otherwise requires, be construed as references to that enactment as amended by or under any subsequent enactment including this Act.

Annotations

Textual amendments

F1

Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 51

F2

In s. 38(1), definition of “domestic court” repealed (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), ss. 92(11), 108(6)(7), Sch. 11 Pt. II para. 5, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2).

F3

Definition beginning “London commission areas” in s. 38(1)repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3), Sch. 15 Pt. V(1) (with Sch. 14 paras. 7(2), 36(9))

F4

Definition of

“Receiver”

in s. 38(1) repealed (prosp.) by 1999 c. 29, ss. 325, 423, 425(2), Sch. 27 para. 18, Sch. 34 Pt. VII (with Sch. 12 para. 9(1))

F5

Definition of

“stipendiary magistrate”

in s. 38(1) repealed (31.8.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. V(3) (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/1920, art. 3(c)

Marginal citations

M1

1980 c. 43 (82).

M2

1959 c. 72 (85).