Section 303O Interpretation of sections 303C to 303NF1

In sections 303C to 303N of this Act—

• “court” means any of—

  1. (a)

     the High Court of Justiciary,

  2. (b)

     the Sheriff Appeal Court when exercising criminal jurisdiction,

  3. (c)

     the sheriff courts when exercising criminal jurisdiction, and

  4. (d)

     justice of the peace courts,

• “enactment” includes—

  1. (a)

     an enactment contained in any local Act or any order, regulation or other instrument having effect by virtue of an Act, and

  2. (b)

     an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament,

• “proceedings” includes any process before a court, or any office holder of a court (for example, a process by which a warrant may be obtained for the purpose of investigating a suspected offence),

• “public official” means—

  1. (a)

     a person who is a public authority and is acting in that capacity, or

  2. (b)

     a person who is acting on behalf of a public authority,

• “requirement” means a requirement arising from an enactment or rule of law.

For the purposes of the definition of “public official”, “public authority” is to be construed in accordance with section 6 of the Human Rights Act 1998.