Person definition in uk law

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Person definition in uk law

Postby Doiremick » Tue Oct 18, 2011 3:34 pm

I had to read through an act called the interpretation act to find this but basically this is what everyone wants clarification on as to the definition of person, so far this stands for those in the uk only but feel free to read your countries interpretation act to see if the same applies to you.

21 Interpretation etc.
(2) This Act binds the Crown.


4
(5) The definition of “person”, so far as it includes bodies corporate, applies to any
provision of an Act whenever passed relating to an offence punishable on indictment
or on summary conviction.

There you have it. Incase you don't get it from that here's how it works, section 21 (2) This act binds the crown, in other words any representative of the crown is bound by that act and the words in it. Section 4 (5) The definition of "person", so far as it includes bodies corporate...since 'includes' is an exclusionary term, meaning when you write includes it excludes everything else you don't mention unless you write after includes 'but is not limited to' so therefor what we learn is it includes and only includes bodies corporate. Are you a body corporate (corporate entity)? No.
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Re: Person definition in uk law

Postby Ben52 » Tue Oct 18, 2011 3:40 pm

I wonder what Umbongo has to say about this? Don't suppose he/she'll be online until after 5pm....when the council closes!!! :D
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Re: Person definition in uk law

Postby Doiremick » Tue Oct 18, 2011 4:14 pm

There isn't much to say when it's clearly defined in a statute they are bound by :D although I am looking forward to the people who want to say different, I have a few interesting questions for those folk that I know for a fact they'll dodge the answer to.
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Re: Person definition in uk law

Postby mescalito » Tue Oct 18, 2011 4:38 pm

nice work doiremick, its nice to see people doing in-depth research.
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Re: Person definition in uk law

Postby Thomas » Tue Oct 18, 2011 5:06 pm

.

Interpretation Act 19781978 CHAPTER 30An Act to consolidate the Interpretation Act 1889 and certain other enactments relating to the construction and operation of Acts of Parliament and other instruments, with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.

http://www.legislation.gov.uk/ukpga/1978/30

Supplementary21 Interpretation etc.(1)In this Act “Act” includes a local and personal or private Act; and “subordinate legislation” means Orders in Council, orders, rules, regulations, schemes, warrants, byelaws and other instruments made or to be made under any Act.(2)This Act binds the Crown.22 Application to Acts and Measures.(1)This Act applies to itself, to any Act passed after the commencement of this Act [F4(subject, in the case of section 20A, to the provision made in that section)] and, to the extent specified in Part I of Schedule 2, to Acts passed before the commencement of this Act.(2)In any of the foregoing provisions of this Act a reference to an Act is a reference to an Act to which that provision applies; but this does not affect the generality of references to enactments or of the references in section 19(1) to other Acts.(3)This Act applies to Measures of the General Synod of the Church of England (and, so far as it relates to Acts passed before the commencement of this Act, to Measures of the Church Assembly passed after 28th May 1925) as it applies to Acts.

[F27“Her Majesty’s Revenue and Customs” has the meaning given by section 4 of the Commissioners for Revenue and Customs Act 2005.]“High Court” means—(a)in relation to England and Wales, Her Majesty’s High Court of Justice in England;(b)in relation to Northern Ireland, Her Majesty’s High Court of Justice in Northern Ireland.

[F35“PAYE income” has the meaning given by section 683 of the Income Tax (Earnings and Pensions) Act 2003.“PAYE regulations” means regulations under section 684 of that Act.]“Person” includes a body of persons corporate or unincorporate. [1889]“Police area”, “police authority” and other expressions relating to the police have the meaning or effect described—


[F41“Registered medical practitioner” means a fully registered person within the meaning of the Medical Act 1983 who holds a licence to practise under that Act.]


Amendments (Textual)F59Entry added (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(2), Sch. 2 para. 73, Sch. 3 paras. 1, 6In relation to England and Wales—(a)references (however expressed) to any relationship between two persons;(b)references to a person whose father and mother were or were not married to each other at the time of his birth; and(c)references cognate with references falling within paragraph (b) above,shall be construed in accordance with section 1 of the Family Law Reform Act 1987. [The date of the coming into force of that section]]


(5)The definition of “person”, so far as it includes bodies corporate, applies to any provision of an Act whenever passed relating to an offence punishable on indictment or on summary conviction.(6)This paragraph applies to F62. . . the M36Water Act 1973 as if they were passed after 1st April 1974.


In Common Law.

Under Common Law, there are 8 essential elements for the creation of a contract, i.e.: (1) offer; (2) acceptance; (3) sufficient consideration; (4) intention to enter legal relations; (5) capacity to contract; (6) legality of purpose; (7) genuine consent; and (8) certainty of terms.

Contractus ex turpi caus, vel contr bonos mores nullus est. A contract founded on a base and unlawful consideration, or against good morals, is null. Hob. 167; Dig. 2, 14, 27, 4.

Also the Head of state, swears to uphold superior Laws, not common Laws (but never has, nor has any of their family going right back in history.)
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Re: Person definition in uk law

Postby geno » Tue Oct 18, 2011 6:01 pm

Doiremick wrote:I had to read through an act called the interpretation act to find this but basically this is what everyone wants clarification on as to the definition of person, so far this stands for those in the uk only but feel free to read your countries interpretation act to see if the same applies to you.

21 Interpretation etc.
(2) This Act binds the Crown.


4
(5) The definition of “person”, so far as it includes bodies corporate, applies to any
provision of an Act whenever passed relating to an offence punishable on indictment
or on summary conviction.

There you have it. Incase you don't get it from that here's how it works, section 21 (2) This act binds the crown, in other words any representative of the crown is bound by that act and the words in it. Section 4 (5) The definition of "person", so far as it includes bodies corporate...since 'includes' is an exclusionary term, meaning when you write includes it excludes everything else you don't mention unless you write after includes 'but is not limited to' so therefor what we learn is it includes and only includes bodies corporate. Are you a body corporate (corporate entity)? No.


Hi mate I think your tripping yourself up here, you cant reasonably conclude that the word ''includes'' is anything other than an inclusive term, anything else would be a strange use of definitions ?,
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Re: Person definition in uk law

Postby Doiremick » Tue Oct 18, 2011 8:26 pm

I'm not operating on a presumtion on this one, the word includes IS an exlusionary term in law and a well established fact, check any law textbook/dictionary/bar member they will tell you that it is 100% exlusionary except for the things included unless the prase "but not limited to" or a derivation of that phrase is used after, not to be rude in any way but I find it comical that you'd pull me about an strange use of a term when being on TPUC you'd realise even the word understand to the law society doesn't mean comprehend as we know it to mean haha :D

Thomas I'd appreciate if you didn't destroy this post by banging on about your elements of a contract in common law, it clearly states the definition in UK law not the definition in common/inherant law...with the greatest of respects please fuck off and let other people get the information they're looking for in the post they click on, we have heard/seen and got bored of something we ALREADY KNOW comming from the same one person over and over again, how many posts out of the hundreds you've posted have you copied and pasted that one piece of information into? Why don't you just put it in you're signature when you post something worthwhile.

Everyone please excuse my abruptness with Thomas, if anyone has the time read his posts and you will soon see why I said what I did in the manner I did.
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Re: Person definition in uk law

Postby Jackisace86 » Tue Oct 18, 2011 8:47 pm

doiremick, nicely done. This is conclusive evidence that the term PERSON is in fact referring to the legal fiction when reading nearly all statutes. However annoying Thomas' posts are, he raises a point of dispute. To the common reader, this dispute is fully reasonable justified.

Not trying to burn you here but however great your understanding is you should never ASSUME that the guys you are trying to educate are as clued up as yourself, you should address this issue, and go about finding some way of proving evidence on your understanding of the term "includes". The more legally legitimate the evidence is the better. So if you have access to the latest blacks dictionary or something similar and use quotes, just as you did with the legislation. Take note how no one is questioning the integrity of the quoted evidence, I actually checked it out myself and you are spot on!

This is a great step forward (at least for me). It is now exploring the grounds which our captors have created and using it against them. You have done a great thing here mate, this is the kind of example which should be posted on the main site.
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Re: Person definition in uk law

Postby geno » Tue Oct 18, 2011 8:51 pm

Doiremick wrote:I'm not operating on a presumtion on this one, the word includes IS an exlusionary term in law and a well established fact, check any law textbook/dictionary/bar member they will tell you that it is 100% exlusionary



no sorry mate it doesn't say that anywhere, or post it up if Im wrong ?
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Re: Person definition in uk law

Postby Jackisace86 » Tue Oct 18, 2011 9:06 pm

all i could find was

http://www.thefreedictionary.com/includes

1. to have as contents or part of the contents; be made up of or contain
2. to add as part of something else; put in as part of a set, group, or category
3. to contain as a secondary or minor ingredient or element


so to apply these:

1) could make the term mean natural AND legal "persons"
2) ACTUALLY makes the term mean natural AND legal "persons"
3) ACTUALLY makes the term mean natural AND legal "persons"


However, i wasnt actually reading a LAW dictionary! Could somebody please add to this for me

EDIT: I have searched high and low on the internet for a law/legal dictionary to give me the definition of INCLUDES but i really cant find one
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