OpenLegislation

Section 65 Interpretation etcI1

(1)

For the purposes of this Part, a substance is used as a “drug-cutting agent” if it is added to a controlled drug in connection with the unlawful supply or exportation of the drug.

(2)

In this Part—

  • “controlled drug” has the same meaning as in the Misuse of Drugs Act 1971 (see section 2 of that Act);

  • “enactment” includes—

    1. (a)

      an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;

    2. (b)

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

    3. (c)

      an enactment contained in, or in an instrument made under, Northern Ireland legislation;

  • “entitled”, in relation to a substance, is to be read in accordance with subsection (3);

  • “police or customs officer” has the meaning given by section 52(2);

  • “premises” includes any place and, in particular, includes—

    1. (a)

      any vehicle, vessel, aircraft or hovercraft;

    2. (b)

      any offshore installation within the meaning given by section 1 of the Mineral Workings (Offshore Installations) Act 1971;

    3. (c)

      any renewable energy installation within the meaning given by section 104 of the Energy Act 2004;

    4. (d)

      any tent or movable structure;

  • “search and seizure warrant” means a warrant under section 52;

  • “supplying” includes distributing;

  • “unlawful” means—

    1. (a)

      in relation to a supply, unlawful under section 4 of the Misuse of Drugs Act 1971;

    2. (b)

      in relation to an exportation, prohibited under section 3 of that Act.

(3)

The persons “entitled” to a substance for the purposes of this Part are—

(a)

the person from whom it was seized;

(b)

(if different) any person to whom it belongs.

(4)

Where a retrial is ordered on a person's appeal against conviction for an offence, a reference in this Part to the determination of the appeal is a reference to the conclusion of proceedings for the offence on retrial.

(5)

In the application of this Part to Scotland, a reference to a magistrates' court or to a justice of the peace is to be read as a reference to a sheriff.

(6)

An application to a sheriff for an order under section 60, 61, 63 or 64 must be made by summary application.

(7)

In the application of this Part to Northern Ireland—

(a)

a reference to a justice of the peace in section 52 is to be read as a reference to a lay magistrate;

(b)

a reference to a magistrates' court or a justice of the peace in section 60, and any other reference to a magistrates' court, is to be read as a reference to a court of summary jurisdiction.

Annotations

Commencement

I1

S. 65 in force at 3.5.2015 by S.I. 2015/820, reg. 2(j)