Interpretation Act 1889
   HOME

TheInfoList



OR:

The Interpretation Act 1889 (52 & 53 Vict c 63) was an Act of the
Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprem ...
. In Northern Ireland
Section 48(2)
of the
Interpretation Act (Northern Ireland) 1954 The Interpretation Act (Northern Ireland) 1954 (c 33) (NI) is an Act of the Parliament of Northern Ireland. It replaces the Interpretation Act 1889 for Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster Sco ...
provided that without prejudice to 48(1) of that Act, the Interpretation Act 1889 was to cease to apply to the interpretation of enactments. The whole Act, except paragraphs (4), (5) and (14) of section 13 in their application to Northern Ireland, was repealed by section 25(1) of, and Schedule 3 to, the
Interpretation Act 1978 The Interpretation Act 1978 is an Act of the Parliament of the United Kingdom. The Act makes provision for the interpretation of Acts of Parliament, Measures of the General Synod of the Church of England, Measures of the Church Assembly, subor ...
. In the
Republic of Ireland Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland. The capital and largest city is Dublin, on the eastern side of the island. ...
, the application of the Interpretation Act 1889 was restricted to pre-1924 legislation by the Interpretation Act 1923, and repealed by the Interpretation Act 2005.


Construction of references

Without prejudice to section 17(2)(a) of the Interpretation Act 1978, a reference to the Interpretation Act 1889 or to any provision of that Act, whether occurring in another Act, in
subordinate legislation Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislative and executive branches of governments in representative democr ...
, in
Northern Ireland legislation The law of Northern Ireland is the legal system of statute and common law operating in Northern Ireland since the partition of Ireland established Northern Ireland as a distinct jurisdiction in 1921. Prior to 1921, Northern Ireland was part of ...
or in any deed or other instrument or document, must be construed as referring to the Interpretation Act 1978, or to the corresponding provision of the Interpretation Act 1978, as it applies to Acts passed at the time of the reference.


Application to Church Assembly Measures

The Interpretation Act 1889, except section 5 thereof (which related to the meaning of "parish") applied to the
Interpretation Measure 1925 Interpretation may refer to: Culture * Aesthetic interpretation, an explanation of the meaning of a work of art * Allegorical interpretation, an approach that assumes a text should not be interpreted literally * Dramatic Interpretation, an event ...
, and to all Measures passed by the Church Assembly after that Measure, in like manner as it applied to an Act of Parliament, and as if that Measure and those Measures were Acts of Parliament.


Section 5

This section was repealed by section 69(1) of, and Schedule 8 to, the
Rating and Valuation Act 1925 A rating is an evaluation or assessment of something, in terms of quality, quantity, or some combination of both. Rating or ratings may also refer to: Business and economics * Credit rating, estimating the credit worthiness of an individual, c ...
, as to
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...
, except as to the administrative county of London and
Isles of Scilly The Isles of Scilly (; kw, Syllan, ', or ) is an archipelago off the southwestern tip of Cornwall, England. One of the islands, St Agnes, is the most southerly point in Britain, being over further south than the most southerly point of th ...
(ss. 70(1) and (2)). This section was repealed as to the Isles of Scilly by the Isles of Scilly Order 1927 (SR & O 1927/59), p. 1500.


Section 13

This section was amended for Ireland by sections 38 to 43, 46, 47 and 49 of, and schedule 7 to, the
Government of Ireland Act 1920 The Government of Ireland Act 1920 (10 & 11 Geo. 5 c. 67) was an Act of the Parliament of the United Kingdom. The Act's long title was "An Act to provide for the better government of Ireland"; it is also known as the Fourth Home Rule Bill ...
. In this section, paragraphs (4), (5) and (14) as they applied to Northern Ireland were repealed by section 122(2) of, and Part I of Schedule 7 to, the
Judicature (Northern Ireland) Act 1978 The courts of Northern Ireland are the civil and criminal courts responsible for the administration of justice in Northern Ireland: they are constituted and governed by the law of Northern Ireland. Prior to the partition of Ireland, Northern ...
.


Section 15

Section 15(3) was repealed by section 80(7) of, and Schedule 13 to, the
Representation of the People Act 1948 The Representation of the People Act 1948 was an Act of the Parliament of the United Kingdom that altered the law relating to parliamentary and local elections. It is noteworthy for abolishing plural voting for parliamentary elections, includin ...
(11 & 12 Geo 6 c 65). In section 15(4), the words from "and" onwards were repealed by section 80(7) of, and Schedule 13 to, the Representation of the People Act 1948.


Section 17

In section 17(1) the words "or members" were repealed by section 80(7) of, and Schedule 13 to, the Representation of the People Act 1948. Sections 17(2) and (3) were repealed by section 80(7) of, and Schedule 13 to, the Representation of the People Act 1948.


Section 18

Section 18(3) was restricted by section 11 of the
Statute of Westminster 1931 The Statute of Westminster 1931 is an act of the Parliament of the United Kingdom that sets the basis for the relationship between the Commonwealth realms and the Crown. Passed on 11 December 1931, the statute increased the sovereignty of the ...
which provided that notwithstanding anything in the Interpretation Act 1889, the expression "Colony" did not, in any Act of the Parliament of the United Kingdom passed after the commencement of the Statute of Westminster 1931, include a Dominion or any Province or State forming part of a Dominion. A Dominion for the purposes of the Act meant only those Dominions described in section 1, being the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, the Union of South Africa, the Irish Free State and Newfoundland. In section 18(3), the words "and of British Burma" were repealed by section 5(3) of, and part I of Schedule 2 to, the
Burma Independence Act 1947 The Burma Independence Act 1947 (1947, 11 Geo. VI, Ch. 3) was an Act of the Parliament of the United Kingdom that conferred independence on Burma, today called Myanmar. The Act received the royal assent on 10 December 1947. The Union of Burm ...
. Sections 18(4) and (5) were omitted by the Government of India (Adaptation of Acts of Parliament) Order 1937 (SR & O 1937/230), p. 965. In section 18(6), the words "outside British India" were inserted by the Government of India (Adaptation of Acts of Parliament) Order 1937 (SR & O 1937/230), p. 965.


Section 18A

This section was inserted by the Government of India (Adaptation of Acts of Parliament) Order 1937 (SR & O 1937/230), p. 965. So much of section 18A as provided that the expression "Governor-General", in relation to the period between the commencement of Part III of the
Government of India Act 1935 The Government of India Act, 1935 was an Act adapted from the Parliament of the United Kingdom. It originally received royal assent in August 1935. It was the longest Act of (British) Parliament ever enacted until the Greater London Authority ...
, and the establishment of the
Federation of India A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government (federalism). In a federation, the self-governing ...
, meant the Governor-General in Council, did not apply to section 6 of the
Indian and Colonial Divorce Jurisdiction Act 1940 Indian or Indians may refer to: Peoples South Asia * Indian people, people of Indian nationality, or people who have an Indian ancestor ** Non-resident Indian, a citizen of India who has temporarily emigrated to another country * South Asia ...
. In section 18A(2), the words "or the Government of Burma Act, 1935" were repealed by section 5(3) of, and part I of Schedule 2 to, the Burma Independence Act 1947.


Section 22

In the Republic of Ireland, this section was disapplied b
section 2(3)
of the
Exchequer and Local Financial Years Act 1974 In the civil service of the United Kingdom, His Majesty’s Exchequer, or just the Exchequer, is the accounting process of central government and the government's '' current account'' (i.e., money held from taxation and other government revenu ...


Section 38

Section 38 of the Interpretation Act 1889 had the same effect in relation to any repeal by the Judicature (Northern Ireland) Act 1978 of a statutory provision other than an Act of the Parliament of the United Kingdom as it had in relation to the repeal by the Judicature (Northern Ireland) Act 1978 of such an Act.The
Judicature (Northern Ireland) Act 1978 The courts of Northern Ireland are the civil and criminal courts responsible for the administration of justice in Northern Ireland: they are constituted and governed by the law of Northern Ireland. Prior to the partition of Ireland, Northern ...

section 120(3)
/ref>


Section 41

This section was repealed by section 1 of, and the Schedule to, the
Statute Law Revision Act 1908 The Statute Law Revision Act 1908 (8 Edw 7 c 49) is an Act of the Parliament of the United Kingdom. It repealed the whole or part of Acts, from the Consolidated Fund (No. 1) Act, 1887 to the Appropriation Act, 1900. This Act was repealed for t ...
.


Schedule

The Schedule was repealed by section 1 of, and the Schedule to, the Statute Law Revision Act 1908.


See also

* Interpretation Act


References

*
Halsbury's Statutes ''Halsbury's Statutes of England and Wales'' (commonly referred to as ''Halsbury's Statutes'') provides updated texts of every Public General Act of the Parliament of the United Kingdom, Measure of the Welsh Assembly, or Church of England Mea ...
, *
The Statutes Revised A revised edition of the statutes is an edition of the Revised Statutes in the United Kingdom (there being more than one edition). These editions are published by authority. In 1861 the Parliament of the United Kingdom passed the first of a lon ...
. Third Edition. His Majesty's Stationery Office. 1950. Volume XI. Pages xxvii and 585 to 598. * The Law Commission and the
Scottish Law Commission The Scottish Law Commission is an advisory non-departmental public body of the Scottish Government. It was established in 1965 to keep Scots law under review and recommend necessary reforms to improve, simplify and update the country's legal sy ...
. ''Interpretation Bill: Report by the Law Commission and the Scottish Law Commission on the Interpretation Act 1889 and Certain Other Enactments relating to the Construction and Operation of Acts of Parliament and Other Instruments.'' Law Com 90. SLC 53. Cmnd 7235. June 1978. *The Public General Acts passed in the Fifty-second and Fifty-third Years of the Reign of Her Majesty Queen Victoria. Printed for Her Majesty's Stationery Office by the
Queen's Printer The King's Printer (known as the Queen's Printer during the reign of a female monarch) is typically a bureau of the national, state, or provincial government responsible for producing official documents issued by the King-in-Council, Ministers o ...
. London. Pages 329 to 341.


External links


Text of the act
as originally enacted *List of amendments and repeals in the Republic of Ireland from th

{{UK legislation United Kingdom Acts of Parliament 1889