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Section 72 Interpretation.

England and Wales

(1)

In this Act, except to the extent that the context otherwise requires—

  • F1“capital expenditure” means expenditure which is capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance);

  • F2 . . .

  • F3 . . .

  • “justices’ clerk” means a clerk to the justices for a petty sessions area;

  • . . .

  • “magistrate”—

    1. (a)

      in relation to a commission area, means a justice of the peace for the commission area, other than a justice whose name is for the time being entered in the supplemental list;

    2. (b)

      in relation to a part of a commission area, means a person who (in accordance with paragraph (a) of this definition) is a magistrate for that area and ordinarily acts in and for that part of it; and

    3. (c)

      in relation to a magistrates’ courts committee area, means a person who (in accordance with paragraphs (a) and (b) of this definition) is a magistrate for that area or any part of that area;

  • F4 . . .

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

  • “petty sessional court-house” means—

    1. (a)

      a court-house or place at which justices are accustomed to assemble for holding special or petty sessions or for the time being appointed as a substitute for such a court-house or place (including, where justices are accustomed to assemble for either special or petty sessions at more than one court-house or place in a F5petty sessions area, any such court-house or place); or

    2. (b)

      a court-house or place at which a F6District Judge (Magistrates’ Courts) is authorised by law to do alone any act authorised to be done by more than one justice of the peace:

  • . . .

  • . . .

  • . . .

  • F7 . . .

  • “the supplemental list” has the meaning given by section 7 above; and

  • “unitary district” means a district comprised in an area for which there is no county council.

F8(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

S. 72(1): definition of "capital expenditure" substituted (27.11.2003 for W. for specified purposes, and 1.4.2004 for E.) by Local Government Act 2003 (c. 26), ss. 127(1), 128(6), Sch. 7 para. 63; S.I. 2003/2938, art. 7(a) (with Sch.); S.I. 2003/3034, art. 2(1), Sch. Pt. 1

F2

Definition in s. 72(1) repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3)(f), Sch. 15 Pt. V(1) (with Sch. 14 paras. 7(2), 36(9)); S.I. 1999/2657, art. 2(d)(iii)

F3

Definition in s. 72(1) repealed (1.4.2001) by 1999 c. 22, s. 106, Sch. 15 Pt. V(6) (with Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 2(c)(i) (subject to transitional provisions in Sch. 2 para. 2)

F4

Definition in s. 72(1) repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3)(f), Sch. 15 Pt. V(5) (with Sch. 14 paras. 7(2), 36(9)); S.I. 1999/2657, art. 2(d)(iii)

F5

Words in s. 72(1) substituted (27.9.1999) by 1999 c. 22, ss. 76, 108(3)(c), Sch. 10 paras. 47, 52(1)(3) (with Sch. 14 para. 7(2))

F6

Words in definition in s. 72(1) substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 paras. 43, 49 (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)

F7

Definition in s. 72(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)

F8

S. 72(2) repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3)(f), Sch. 15 Pt. V(1) (with Sch. 14 paras. 7(2), 36(9)); S.I. 1999/2657, art. 2(d)(iii)

Notes on the whole Act

Textual amendments

F1

Act repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 6(4), 109(3), 110(1), Sch. 10; S.I. 2005/910, art. 3(aa) (with transitional provisions and savings in S.I. 2005/911)