Glossary

"abortion" means intentionally causing the miscarriage of a baby by administering any substance or using any instrument or other means whatsoever.

"abusive" means (based on a definition from the Domestic Abuse Act 2021) that the behaviour of a person (“A”) towards another person (“B”) is “abusive” if it consists of repeated use of any combination of the following with the intention of causing physical, psychological, or emotional harm to B —

(a)           violent behaviour directed towards B or their property;

(b)           controlling or coercive behaviour of B;

(c)           behaviour that has a substantial adverse effect on B's ability to—

i.                       acquire, use or maintain money or other property, or

ii.                       obtain goods or services;

(d)           verbal, written or electronic communication to B

(e)           failure or omission to provide reasonable support/assistance to B.

"appropriate consent" means in relation to a child,— (a)           the consent of each of the following—

i.           The child’s mother;

ii.           the child’s father, if he has  parental responsibility for him;

iii.           any guardian of the child;                 i

v.           any special guardian of the child;

v.           any person named in a child arrangements order as a person with whom the child is to live;

vi.           any person who has custody of the child; or

(b)           the leave of the court granted under or by virtue of any provision of Part II of the Children Act 1989; or (c)           if any person has custody of the child, the leave of the court which awarded custody to him; or (d)           a in the case of a child who is in the care of a local authority within the meaning of the Children Act 1989 in England or Wales, the consent of the local authority in whose care the child.

"approved person¹" means  a registered medical practitioner.

"approved person²" means  a registered medical practitioner, a registered midwife or a person undergoing a course of training with a view to becoming such a practitioner or midwife.

"article or substance" means

(a)           an offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953,

(b)           an article to which section 139 of the Criminal Justice Act 1988 (offence of having article with blade or point in public place) applies, or

(c)           a corrosive substance that can burn human skin by corrosion.

"assault by penetration" is when a person (A)

(a)           intentionally penetrates the vagina or anus of another person (B) with a part of their body or anything else,

(b)           the penetration is sexual,

(c)           and B does not  give lawful consent to the penetration, and A does not reasonably believe that B  gave lawful consent.

Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B  gave lawful consent.

"aunt" means the sister or half-sister of a person’s parent.

“business” includes the activities of any government department or local or public authority.

"care home" means (a)  an establishment in England which is a care home for the purposes of the Care Standards Act 2000 (c. 14); and (b) a place in Wales at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to persons aged 18 or over.

"care home service" has the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) "

"care order" has in relation to England and Wales, the same meaning as in the Children Act 1989 (c. 41) "

"child¹" means a person under 16.

"child²" except where used to express a relationship, means a person who has not attained the age of 18 years and includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002.

"children’s home" - (a) has the meaning given by section 1 of the Care Standards Act 2000 in relation to a children’s home in England, and (b) means a place in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to persons under the age of 18.

“commercial unit” is a unit if division of the unit would materially impair the value of the goods or the character of the unit.

"community home" has, in relation to England the meaning given by section 53 of the Children Act 1989.

“conditional sales contract” means a sales contract under which (a)the price for the goods¹ or part of it is payable by instalments, and (b) the trader retains ownership of the goods¹ until the conditions specified in the contract (for the payment of instalments or otherwise) are met.

"connected with a child" means a person is connected with a child if— (a)           he is a parent of the child; or (b)           in the case of a child whose parents were not married to each other at the time of his birth, there are reasonable grounds for believing that he is the father of the child; or (c)           he is a guardian of the child; or (d)           he is a special guardian of the child; or (e)           he is a person named in a child arrangements order as a person with whom the child is to live; or (f)             he has custody of the child.

"consent" means a person consents if they agree by choice, and have the freedom and capacity to make that choice.

“consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.  A trader claiming that an individual was not acting for purposes wholly or mainly outside the individual’s trade, business, craft or profession must prove it.  A person is not a consumer if the goods are second hand goods sold at public auction and individuals have the opportunity of attending the sale in person, except that a person is a consumer in relation to such a contract for the purposes of:

• Sections 5(3) and (4), 12, 10, 11 of the Consumers Rights Act
• The other provisions of Chapter 2 of the Consumers Rights Act as they apply in relation to those sections.

“contract” is a “contract for the supply of goods". Contracts for the supply of goods include

• contracts entered into between one part owner and another;
• contracts for the transfer of an undivided share in goods;
• contracts that are absolute and contracts that are conditional.

A “contract for the hire of goods^” is for the hire of goods if under it the trader gives or agrees to give the consumer possession of the goods with the right to use them, subject to the terms of the contract, for a period determined in accordance with the contract.  But a contract is not for the hire of goods if it is a hire-purchase agreement.

“contract for transfer of goods“ is a contract to supply goods¹ if under it the trader transfers or agrees to transfer ownership of the goods to the consumer¹ and

• the consumer¹ provides or agrees to provide consideration otherwise than by paying a price, or
• the contract is, for any other reason, not a sales contract or a hire-purchase agreement.

"country¹" includes territory (source: Sexual Offences Act, 2003 (72) )

"cousin" means the child of an aunt or uncle.

“Digital Content” means data which are produced and supplied in digital form.

"education supervision order" has in relation to England and Wales, the meaning given by section 36 of the Children Act 1989.

"emergency worker" has the meaning defined in Assaults on Emergency Workers (Offences) Act 2018 (c. 23), section 3.

“employment” means any employment, whether paid or unpaid and whether under a contract of service or apprenticeship, under a contract for services, or otherwise than under a contract.

"exploitative conduct" is performed by a person (C) if— (a)           C uses force, threats (whether or not relating to violence) or any other form of coercion, or (b)           C practises any form of deception.

"family relationship" means a person A has a family relationship with B if—

i. it is within any of the subsections in this definition, or

ii. it would be within one of those subsections, but for section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 (c. 38) (status conferred by adoption).

(1) The relation of A to B is within this definition if—

i. one of them is the other’s parent, grandparent, brother, sister, half-brother, half-sister, aunt or uncle, or

ii. A is or has been B’s foster parent.

(2) The relation of A to B is within this definition if A and B live or have lived in the same household, or A is or has been regularly involved in caring for, training, supervising or being in sole charge of B, and—

i. one of them is or has been the other’s step-parent,

ii. A and B are cousins,

iii. one of them is or has been the other’s stepbrother or stepsister, or

iv. the parent or present or former foster parent of one of them is or has been the other’s foster parent.

(3) The relation of A to B is within this definition if—

i. A and B live in the same household, and

ii. A is regularly involved in caring for, training, supervising or being in sole charge of B. Nothing in—

(a) section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or

(b) section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date) is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the definition and use of parent and child.

"foster parent" means a person is a child’s foster parent if (a)           the child has been placed with this person under section 22C of the Children Act 1989 in a placement falling within subsection (6) (a) or (b) of that section (placement with local authority foster parent), (b)           the child has been placed with this person under section 59(1)(a) of that Act (placement by voluntary organisation, (c)           the child has been placed with this person under section 81 of the Social Services and Well-being (Wales) Act 2014 in a placement falling within subsection (6)(a) or (b) of that section (placement with a local authority foster parent), (d)           the child is fostered privately by this person, within the meaning given by section 66(1)(b) of that Act.

"gain" means— (a)           any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount; or (b)           the goodwill of any person which is or appears likely, in time, to bring financial advantage.

“goods” means any tangible moveable items, but that includes water, gas and electricity if and only if they are put up for supply in a limited volume or set quantity.

“guarantee” means an undertaking to a consumer given without extra charge by a person acting in the course of the person’s business (the ‘guarantor’) that, if the goods do not meet the specifications set out in the guarantee statement or in any associated advertising: (a) the consumer guarantee will be reimbursed for the price paid for the goods, or (b) the goods will be  repaired, replaced or handled in any way.

"guardian of a child" has the same meaning as in the Children Act 1989.

A contract is for the "hire of goods" if under it the trader gives or agrees to give the consumer possession of the goods with the right to use them, subject to the terms of the contract, for a period determined in accordance with the contract.

But a contract is not for the hire of goods if it is a hire-purchase agreement.

“hire-purchase agreement” is a contract that meets the following conditions: (a) under the contract goods are hired by the trader in return for periodical payments by the consumer (and “hired” is to be read in accordance with the definition of "hire of goods"). (b) under the contract ownership of the goods will transfer to the Consumer if the terms of the contract are complied with and (i) the consumer exercises an option to buy the goods, (ii) any party to the contract does an act specified in it, or (iii) an event specified in the contract occurs. But a contract is not a hire-purchase agreement if it is a conditional sales contract.

"hospital means—

(a) a hospital as defined by section 275 of the National Health Service Act 2006, or section 206 of the National Health Service (Wales) Act 2006; or

(b) any other establishment—

(A) in England, in which any of the following services listed below are provided;

(a) medical treatment under anaesthesia or intravenously administered sedation;

(b) dental treatment under general anaesthesia;

(c) obstetric services and, in connection with childbirth, medical services;

(d) termination of pregnancies;

(e) cosmetic surgery, other than—

(i) ear and body piercing;

(ii) tattooing;

(iii) the subcutaneous injection of a substance or substances into the skin for cosmetic purposes; or

(iv) the removal of hair roots or small blemishes on the skin by the application of heat using an electric current.

(B) and in Wales, which is a hospital within the meaning given by section 2(3) of the Care Standards Act 2000.

"image" means a moving or still image and includes an image produced by any means and, where the context permits, a three-dimensional image.  References to an image of a person include references to an image of an imaginary person.

"independent clinic" has the meaning given by section 2 of the Care Standards Act 2000.

“independent hospital”— (a) in England, means—

• a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; or
• any other establishment in which any of the services listed in section 22(6) are provided and which is not a health service hospital as so defined; and

(b) in Wales, has the meaning given by section 2 of the Care Standards Act 2000.

“independent medical agency” means an undertaking (not being an independent hospital, or in Wales an independent clinic) which consists of or includes the provision of services by medical practitioners.  In this definition of “independent medical agency”, “undertaking” includes any business or profession and—

• in relation to a public or local authority, includes the exercise of any functions of that authority; and
• in relation to any other body of persons, whether corporate or unincorporate, includes any of the activities of that body.

"lawful consent" means a person consents if that person agrees by choice, and has the freedom and capacity to make that choice.  A person (B) can not be considered as giving lawful consent if B is under 13.

"malicious" means an act done maliciously is one that is performed intentionally and without legal justification.

"manslaughter" is when a person causes the death of any other person and either does not intend to kill the person, or kills the person as the result of circumstances that would cause a reasonable person to become emotionally or mentally disturbed to the point of potentially losing control of their actions.

"mental disorder" has the meaning given by section 1 of the Mental Health Act 1983 (c. 20).

“mixed contract” means a contract to which two or all three Chapters of the Consumers Rights Act  may apply.

"murder" is when a person of sound memory and of the age of discretion, causes the death of any other person with malice aforethought, either expressed by the party or implied by law. A death will be treated as murder even if the defendant did not wish to kill the actual victim if:

(a)           person B intended serious harm to one or more persons, but an unintended other person dies as a result;

(b)           the death occurs as the result of the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, child abuse, burglary, or robbery

(c)       Several people share an intent to do serious harm, and the victim dies because of the action of any of those involved.

“National Health Service body” means— (a) a Local Health Board, (b) a National Health Service trust, (c) the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to the National Health Service Act 2006, (d) a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1 to 7B, or 13 of Schedule 1 to the National Health Service Act 2006, (e) a Special Health Authority.

"nephew" means the child of a person’s brother or sister.

"niece" means the child of a person’s brother or sister.

"offensive weapon" has the meaning of section 1 of the Prevention of Crime Act 1953 .

"parent" includes an adoptive parent.

"parental responsibility"

(a)           in England Wales, has the same meaning as in the Children Act 1989;

(b)           in Northern Ireland, has the same meaning as in the Children (Northern Ireland) Order 1995 ( S.I. 1995/755 (N.I. 2));

(c) and “parental responsibilities” has the same meaning as in Part 1 of the Children (Scotland) Act 1995 (c. 36).

"partner" means a person is another’s partner (whether they are of different sexes or the same sex) if they live together as partners in an enduring family relationship.

"payment" means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount.

"poison" (noun) is the substance given when poisoning a person. "poison" (verb) is the process of maliciously administering to or causing to be administered to or taken by any other person any destructive or noxious thing, so as thereby to endanger the life of such person, or so as thereby to inflict upon such person any serious injury.

"position of trust" has the meaning defined in the Offences Against the Person Bill (Long Term objective), Schedule 3.

"premises" includes a structure or part of a structure.

"private act1" means a person is doing a private act if the person is in a place which, in the circumstances, would reasonably be expected to provide privacy, and—

(a)           the person’s genitals, buttocks or breasts are exposed or covered only with underwear,

(b)           the person is using a lavatory, or

(c)           the person is doing a sexual act that is not of a kind ordinarily done in public.

"prostitute" means a person (A) who, on at least one occasion and whether or not compelled to do so, offers or provides sexual services to another person in return for payment or a promise of payment to A or a third person; and “prostitution” is to be interpreted accordingly.

"qualifying trigger" means a loss of self-control had a qualifying trigger if one of the following applies:

(a)           person E's loss of self-control was attributable to E's fear of serious violence from person V against E or another identified person.

(b)           E's loss of self-control was attributable to a thing or things done or said (or both) which—

i.           constituted circumstances of an extremely grave character, and

ii.           caused E to have a justifiable sense of being seriously wronged.

(c)           E's loss of self-control was attributable to a combination of the matters mentioned in (a) and (b) above.

“quality of goods” includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods¹ (a) fitness for all the purposes for which goods¹ of that kind are usually supplied; (b) appearance and finish; (c) freedom from defects; (d) safety; (e) durability.

"rape" is when a person (A) intentionally penetrates the vagina, anus or mouth of another person (B) with his penis, and B does not  give lawful consent to the penetration and A does not reasonably believe that B  gave lawful consent. Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B  gave lawful consent.

"responsible for the girl¹" means a person is “responsible” for a girl in either of the following two cases. (a)          where the person—

i                    has parental responsibility for the girl, and

ii                  has frequent contact with her.

(b)          where the person—

i                    is aged 18 or over, and

ii                  has assumed (and not relinquished) responsibility for caring for the girl in the manner of a parent.

For the purposes of subsection (a) ii, where a person has frequent contact with a girl which is interrupted by her going to stay somewhere temporarily, that contact is treated as continuing during her stay there.

“sales contract” is defined by the following: (1)   A contract is a sales contract if under it—

• the trader transfers or agrees to transfer ownership of goods to the consumer, and
• the consumer pays or agrees to pay the price.

(2)   A contract is a sales contract (whether or not it would be one under subsection (1)) if under the contract—

• goods are to be manufactured or produced and the trader agrees to supply them to the consumer,
• on being supplied, the goods will be owned by the consumer, and
• the consumer pays or agrees to pay the price.

(3)   A sales contract may be a “conditional sales contract” and it makes no difference whether or not the consumer possesses the goods.

"secure accommodation service" has the meaning given in Schedule 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.

"serious injury" of a person includes, but is not limited to burning, maiming, disfiguring, disabling, asphyxiating (From OAP 1861, section 21.  The word “asphyxiate” is used as it covers all the other related terms e.g. choke, strangle), wounding, poisoning and any activity that endangers the life of a person.

"sexual" means that penetration, touching or any other activity is sexual if a reasonable person would consider that—

(a)           whatever its circumstances or any person’s purpose in relation to it, it is because of its nature sexual, or

(b)           because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual.

"sexual activity" means an activity that a reasonable person would, in all the circumstances but regardless of any person's purpose, consider to be sexual.

"sexual assault" is when a person (A)

(a)           intentionally touches another person (B),

(b)           the touching is sexual,

(c)           and B does not  give lawful consent to the touching, and A does not reasonably believe that B  gave lawful consent.

Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B  gave lawful consent.

"stalking" means a person's course of conduct amounts to stalking of another person if— (A)           it amounts to harassment of that person, (B)           the acts or omissions involved are ones associated with stalking, and (C)           the person whose course of conduct it is knows or ought to know that the course of conduct amounts to harassment of the other person. The following are examples of acts or omissions which, in particular circumstances, are ones associated with stalking—

(a)           following a person,

(b)           contacting, or attempting to contact, a person by any means,

(c)           publishing any statement or other material—

(i)             relating or purporting to relate to a person, or

(ii)           purporting to originate from a person,

(d)           monitoring the use by a person of the internet, email or any other form of electronic communication,

(e)           loitering in any place (whether public or private),

(f)             interfering with any property in the possession of a person,

(g)           watching or spying on a person.

"step-parent" includes a parent’s partner.

"stepbrother" includes the child of a parent’s partner.

"stepsister" includes the child of a parent’s partner.

"structure¹" includes a tent, vehicle or vessel or other temporary or movable structure.

"suicide pact" means (source: Homicide Act 1957, section 4) a common agreement between two or more persons having for its object the death of all of them, whether or not each is to take his own life, but nothing done by a person who enters into a suicide pact shall be treated as done by him in pursuance of the pact unless it is done while he has the settled intention of dying in pursuance of the pact.

"supervision order" has in relation to England and Wales, the meaning given by section 31(11) of the Children Act 1989 (c. 41)

"torture" is when a person intentionally inflicts severe pain or suffering on another person.

"trader” means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.  A trader claiming that an individual was not acting for purposes wholly or mainly outside the individual’s trade, business, craft or profession must prove it.

"unable to refuse" means a person lacks the capacity to choose whether to agree to engaging in the activity caused or incited (whether because he lacks sufficient understanding of the nature or reasonably foreseeable consequences of the activity, or for any other reason), or he is unable to communicate such a choice to another person.

"uncle" means the brother or half-brother of a person’s parent.

"United Kingdom national" is an individual who is—

(a)           a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

(b)           a person who under the British Nationality Act 1981 (c. 61) is a British subject, or

(c)           a British protected person within the meaning of that Act.

"United Kingdom resident" is an individual who is habitually resident in the United Kingdom.

"view,sup>1</sup1>" means to see through one’s own eyes.  The view of an activity may use technology set up and operated by the person or an accomplice, including enabling or securing the equipment’s activation by another person without that person's knowledge (From the Sexual Offences Act, 2003, Section (68)),   to create moving images of a scene either concurrently or at a later time.

"voluntary home" has in relation to England, the meaning given by section 60(3) of the Children Act 1989.