Sch. 1
Construction of certain expressions relating to children
In relation to England and Wales the following expressions and references, namely—
- (a) the expression “the parental rights and duties”;
- (b) the expression “legal custody” in relation to a child (as defined in the 1975 c. 72.Children Act 1975); and
- (c) any reference to the person with whom a child (as so defined) has his home,
are to be construed in accordance with Part IV of that Act. [12th November 1975]
Construction of certain expressions relating to offences
In relation to England and Wales—
- (a) “indictable offence” means an offence which, if committed by an adult, is triable on indictment, whether it is exclusively so triable or triable either way;
- (b) “summary offence” means an offence which, if committed by an adult, is triable only summarily;
- (c) “offence triable either way” means an offence which, if committed by an adult, is triable either on indictment or summarily;
and the terms “indictable”, “summary” and “triable either way”, in their application to offences, are to be construed accordingly.
In the above definitions references to the way or ways in which an offence is triable are to be construed without regard to the effect, if any, of section 23 of the 1977 c. 45.Criminal Law Act 1977 on the mode of trial in a particular case.
Sections 22, 23.SCHEDULE 2
Application of Act to Existing Enactments
PART I
Acts
1. The following provisions of this Act apply to Acts whenever passed:—
- Section 6(a) and (c) so far as applicable to enactments relating to offences punishable on indictment or on summary conviction
- Section 9
- Section 10
- Section 11 so far as it relates to subordinate legislation made after the year 1889
- Section 18
- Section 19(2).
2. The following apply to Acts passed after the year 1850:—
- Section 1
- Section 2
