Interpretation of Part 1 30 23 Meaning of expressions relevant to the criminal-offence ground (1) This section makes provision about the interpretation, for the purposes of this Part, of expressions related to criminal proceedings. (2) References to an appeal— (a) are to an appeal to a court in the United Kingdom, 35 (b) include an application (and accordingly references to an appeal being brought include an application being made), 13 Scottish Parliament (Recall and Removal of Members) Bill Part 1—Recall of members of the Scottish Parliament Chapter 4—Further provision in relation to recall (c) include an appeal under— (i) section 288AA of the Criminal Procedure (Scotland) Act 1995, (ii) paragraph 13(a) of schedule 6 of the Scotland Act 1998, (iii) paragraph 31(a) of schedule 10 of the Northern Ireland Act 1998, 5 (iv) paragraph 21(a) of schedule of the Government of Wales Act 1998, (d) include a petition to the nobile officium, (e) do not include— (i) a reference under Part 2 of the Criminal Appeal Act 1995 (the Criminal Cases Review Commission), 10 (ii) a reference under Part 10A of the Criminal Procedure (Scotland) Act 1995 1 (the Scottish Criminal Cases Review Commission). (3) A person’s conviction is materially overturned if— (a) it is quashed or varied, and (b) as a result, the person no longer has a conviction of a kind that would cause the 15 criminal-offence ground to apply in relation to the person. (4) A sentence or order that a person be imprisoned or detained is materially overturned— (a) if it is set aside or varied (including as a consequence of the quashing of a conviction), and (b) where it is varied, or a new sentence is imposed or order made in substitution, 20 the varied or substituted sentence or order would not have caused the criminal-offence ground to apply in relation to the convicted person had it been imposed or made at the time of conviction. 24 General interpretative rules (1) In this Part, references to the concepts below (however expressed) are to be read as 25 follows— “constituency” means a constituency in relation to elections for membership of the Parliament provided for by schedule 1 of the Scotland Act 1998, “criminal-offence ground” is to be construed in accordance with section 3, “entitled to sign”, in relation to a recall petition, is to be construed in accordance 30 with section 10, “member” means a member of the Parliament, “the Parliament” means the Scottish Parliament, “petition officer” means— (a) in a case where the recall petition process relates (or is to relate) to a 35 constituency member, the person who is the constituency returning officer in relation to the constituency by virtue of article 14 of the Scottish Parliament (Elections etc.)