Section 36 Interpretation
United Kingdom
In this Act—
“charity” has the meaning given in section 1(1) of the Charities Act 2006;
“community benefit society” means—
- (a)
a society registered as a community benefit society under F1the Co-operative and Community Benefit Societies Act 2014,
- (b)
F2a pre-commencement society (within the meaning of that Act) that meets the condition in section 2(2)(a)(ii) of that Act, or
- (c)
a society registered or deemed to be registered under the Industrial and Provident Societies Act (Northern Ireland) 1969 which meets the condition in section 1(2)(b) of that Act;
- (a)
“constitutional arrangements” is to be construed in accordance with section 3(2) and (3);
“co-operative society” means—
- (a)
a society registered as a co-operative society under F3the Co-operative and Community Benefit Societies Act 2014,
- (b)
F4a pre-commencement society (within the meaning of that Act) that meets the condition in section 2(2)(a)(i) of that Act, or
- (c)
a society registered or deemed to be registered under the Industrial and Provident Societies Act (Northern Ireland) 1969 which meets the condition in section 1(2)(a) of that Act;
- (a)
“cross-border operator” means a person exercising functions or carrying on activities in or with respect to Wales (or any part of it) and England (or any part of it), but does not include—
- (za)
- (a)
an internal drainage board, F7...
- (b)
...
“eligible person” has the meaning given in section 1(3);
“enactment” means any primary or subordinate legislation;
“Minister” means—
- (a)
a Minister of the Crown (as defined by section 8 of the Ministers of the Crown Act 1975), or
- (b)
the Commissioners for Her Majesty's Revenue and Customs;
- (a)
“modify”, in relation to functions, is to be construed in accordance with section 5(2);
“modify”, in relation to funding arrangements, is to be construed in accordance with section 4(3);
“non-devolved function” means a function that is not a Welsh devolved function;
“primary legislation” means any Act, Act of the Scottish Parliament, Northern Ireland legislation or Measure or Act of the National Assembly for Wales;
“public function” means a function conferred under an enactment or royal charter;
“subordinate legislation” means an instrument made under primary legislation;
“Wales” has the same meaning as in the Government of Wales Act 2006;
“Welsh devolved function” means—
- (a)
a function conferred under an Act or Measure of the National Assembly for Wales,
- (b)
a function which is exercisable in or as regards Wales and could be conferred by an Act of the Assembly, or
- (c)
a function in relation to which a function (other than a function of being consulted) is exercisable by the Welsh Ministers, the First Minister or the Counsel General to the Welsh Assembly Government,
and references to a person exercising a Welsh devolved function do not include a person exercising such a function by virtue of arrangements under section 27;
- (a)
“Welsh environmental function” means a Welsh devolved function relating to the environment.
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Annotations
Textual amendments
- F1
Words in s. 36(1) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 180(2)(a) (with Sch. 5)
- F2
Words in s. 36(1) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 180(2)(b) (with Sch. 5)
- F3
Words in s. 36(1) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 180(3)(a) (with Sch. 5)
- F4
Words in s. 36(1) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 180(3)(b) (with Sch. 5)
- F5
Words in s. 36(1) inserted (18.7.2013 with effect in accordance with art. 1(3)) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 3(3) (with art. 24)
- F6
Word in s. 36(1) inserted (E.W.) (14.7.2017) by Environment (Wales) Act 2016 (anaw 3), s. 88(3)(c), Sch. 2 para. 26(3)(a); S.I. 2017/714, art. 2
- F7
Words in s. 36(1) omitted (E.W.) (14.7.2017) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(3)(c), Sch. 2 para. 26(3)(b); S.I. 2017/714, art. 2
- F8
S. 36(2) repealed (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 7 (with Sch. 5)
- F9
S. 36(3) repealed (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 7 (with Sch. 5)