england-and-wales legal-terms statutory-construction
Does a reference to a &quot;person&quot; encompass companies in UK primary or delegated legislation?
<p>Does the term &quot;person&quot; have a specific legal definition, other than such as may be found in a normal English dictionary? If so, what is it, and can it include a company?</p>
<p>Especially in the context of the text of statutory instruments.</p>

<p>In statutory instruments and delegated legislation in the UK, <strong>the default definition of person &quot;includes a body of persons corporate or unincorporate&quot;</strong> (<a href="https://www.legislation.gov.uk/ukpga/1978/30" rel="nofollow noreferrer"><em>Interpretation Act 1978</em></a>, Schedule 1; and see <a href="https://www.legislation.gov.uk/ukpga/1978/30/section/23A" rel="nofollow noreferrer">s. 23A</a> which exempts much of the Act from applying to acts of the Scottish Parliament; but see the <a href="https://www.legislation.gov.uk/asp/2010/10" rel="nofollow noreferrer"><em>Interpretation and Legislative Reform (Scotland) Act 2010</em></a> for an equivalent definition and scheme).</p>
<p>Sections 5 and 11 of the <em>Interpretation Act</em> say that that definition applies to Acts and delegated legislation unless the contrary intention appears.</p>
<blockquote>
<p><strong>5. Definitions.</strong> In any Act, unless the contrary intention appears, words and expressions listed in Schedule 1 to this Act are to be construed according to that Schedule.</p>
</blockquote>
<blockquote>
<p><strong>11. Construction of subordinate legislation.</strong> Where an Act confers power to make subordinate legislation, expressions used in that legislation have, unless the contrary intention appears, the meaning which they bear in the Act.</p>
</blockquote>
<p>As an example of finding a &quot;contrary intention&quot;, an act prohibits the sale of tobacco to &quot;a person under the age of 18 years.&quot; This has been interpreted to mean a &quot;real human being&quot; under the age of 18 (<em>London Borough of Merton, R (on the application of) v Sinclair Collis Ltd</em>, <a href="https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Admin/2010/3089.html" rel="nofollow noreferrer">[2010] EWHC 3089 (Admin)</a>).</p>

<h2>Person means <a href="https://en.m.wikipedia.org/wiki/Legal_person" rel="nofollow noreferrer">legal person</a></h2>
<p>This includes companies as well as other artificial persons along with natural persons.</p>
