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 of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace ...
that consolidated enactments relating to
statutory construction and provided definitions to shorten the language used in
acts of Parliament.
In Northern Ireland
Section 48(2)of the
Interpretation Act (Northern Ireland) 1954 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 The whole Act, except paragraphs (4), (5) and (14) of section 13 in their application to Northern Ireland, was repealed by section 25(1) of, and Schedule 3 to, the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 (c. 30) 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 Asse ...
.
In the
Republic of Ireland
Ireland ( ), also known as the Republic of Ireland (), is a country in Northwestern Europe, north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland, with a population of about 5.4 million. ...
, 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application of the Interpretation Act 1889 was restricted to pre-1924 legislation by the Interpretation Act 1923, and repealed by the Interpretation Act 2005.
Background
In the United Kingdom,
acts of Parliament remain in force until expressly repealed.
Blackstone's ''
Commentaries on the Laws of England'', published in the late
18th-century, raised questions about the system and structure of the
common law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
and the poor drafting and disorder of the existing
statute book
The Statute Book is "the surviving body of enacted legislation published by authority" in "a number of publications".
In England at the end of 1948, the Statute Book printed by authority consisted of the twenty-four volumes of ''The Statutes: Se ...
.
In 1806, the
Commission on Public Records passed a resolution requesting the production of a report on the best mode of reducing the volume of the statute book.
[ ] From 1810 to 1825, ''
The Statutes of the Realm
''The Statutes of the Realm'' is an authoritative collection of acts of the Parliament of England from the earliest times to the Union of the Parliaments in 1707, and acts of the Parliament of Great Britain passed up to the death of Queen A ...
'' was published, providing for the first time the authoritative collection of acts.
In 1816, both Houses of Parliament, passed resolutions that an eminent lawyer with 20 clerks be commissioned to make a digest of the statutes, which was declared "very expedient to be done." However, this was never done.
In 1850, the
Interpretation Act 1850 (
13 & 14 Vict. c. 21) was passed, which consolidated previous
acts of parliament relating to
statutory construction and simplify the language used in
acts of parliament.
At the start of the parliamentary session in 1853,
Lord Cranworth announced his intention to the improvement of the statute law and in March 1853, appointed the
Board for the Revision of the Statute Law
The Board for the Revision of the Statute Law (also known as the Statute Law Board or the Board for the Consolidation of the Statute Laws) was a commission from 1853 to 1854 to consolidate a significant portion of the statute law of the United ...
to repeal expired statutes and continue consolidation, with a wider remit that included civil law.
The Board issued three reports, recommending the creation of a permanent body for statute law reform.
In 1854,
Lord Cranworth appointed the
Royal Commission for Consolidating the Statute Law to consolidate existing statutes and enactments of
English law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, ...
.
The Commission made four reports. Recommendations made by the Commission were implemented by the
Repeal of Obsolete Statutes Act 1856 (
19 & 20 Vict. c. 64).
On 17 February 1860, the
Attorney General
In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
,
Sir Richard Bethell told the
House of Commons
The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...
that he had engaged
Sir Francis Reilly and A. J. Wood to expurgate the statute book of all acts which, though not expressly repealed, were not in force, working backwards from the present time.
From 1860 to 1889,
Statute Law Revision Acts were passed to repeal enactments which had ceased to be in force or had become necessary, substantially reducing the volume of the
statute book
The Statute Book is "the surviving body of enacted legislation published by authority" in "a number of publications".
In England at the end of 1948, the Statute Book printed by authority consisted of the twenty-four volumes of ''The Statutes: Se ...
.
Passage
The bill had its
first reading
A reading of a bill is a stage of debate on the bill held by a general body of a legislature.
In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming, ...
in the
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
on 27 May 1889, introduced by the
Lord Chancellor
The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...
,
Hardinge Giffard, 1st Baron Halsbury.
The bill had its
second reading
A reading of a bill is a stage of debate on the bill held by a general body of a legislature.
In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming ...
in the
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
on 24 June 1889 and was committed to the
Standing Committee for Bills relating to Law, &c. which met and reported on 27 June 1889, with amendments.
The amended bill was committed to a
Committee of the Whole House, which met and reported on 23 July 1889, without amendments.
The amended bill had its
third reading
A reading of a bill is a stage of debate on the bill held by a general body of a legislature.
In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming ...
in the
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
on 26 July 1889 and passed, without amendments.
The bill in the
House of Commons
The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...
on 3 August 1889.
The bill had its
first reading
A reading of a bill is a stage of debate on the bill held by a general body of a legislature.
In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming, ...
in the
House of Commons
The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...
on 1 May 1889, presented by
George Howell .
The bill had its
second reading
A reading of a bill is a stage of debate on the bill held by a general body of a legislature.
In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming ...
in the
House of Commons
The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...
on 14 August 1889, and was unopposed by the government. The bill was committed to a
Committee of the Whole House,
which met on 24 August 1889 and reported on 26 August 1889, with amendments.
The amended bill had its
third reading
A reading of a bill is a stage of debate on the bill held by a general body of a legislature.
In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming ...
in the
House of Commons
The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...
on 26 August 1889 and passed, with amendments.
The amended bill was considered and agreed to by the
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
on 27 August 1889.
The bill was granted
royal assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in othe ...
on 30 August 1889.
Legacy
Section 41 and the schedule were repealed by section 1 of, and the schedule to, the
Statute Law Revision Act 1908 (
8 Edw. 7. c. 49).
Without prejudice to section 17(2)(a) of the
Interpretation Act 1978
The Interpretation Act 1978 (c. 30) 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 Asse ...
, 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 dem ...
, in
Northern Ireland legislation 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.
The Interpretation Act 1889, except section 5 thereof (which related to the meaning of "parish") applied to the
Interpretation Measure 1925, 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.
In 1978, the act was wholly repealed by the
Interpretation Act 1978
The Interpretation Act 1978 (c. 30) 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 Asse ...
, which implemented recommendations by the
Law Commission
A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal chang ...
.
Provisions
Re-enactment of existing Rules
Section 1
Section 1 of the act provided that for all acts passed after 1850, unless the contrary intention appears:
* Words importing the masculine gender be deemed and taken to include females, unless expressly provided
* The singular be deemed to include the plural and the plural to include the singular, unless expressly provided.
* The same rules shall be observed in the construction of every enactment relating to an offence punishable on indictment or on summary conviction.
This reflected section 4 of
Interpretation Act 1850 (
13 & 14 Vict. c. 21).
Section 1(1) of the act was updated in the
Interpretation Act 1978
The Interpretation Act 1978 (c. 30) 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 Asse ...
to work operate both ways.
Section 2
Section 2(2) of the act provided that the word "person" should include
body corporates unless the contrary intention appears and that penalties are also able to be paid to body corporates.
Section 3
Section 3 of the act provided definitions of words in all acts passed after 1850, unless the contrary intention appears:
This section reflected section 4 of the
Interpretation Act 1850 (
13 & 14 Vict. c. 21).
Section 3 was updated in the
Interpretation Act 1978
The Interpretation Act 1978 (c. 30) 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 Asse ...
to be appropriate for
Scotland
Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...
and reflect modern definitions of land, including in the
Town and Country Planning Act 1971,
Town and Country Planning (Scotland) Act 1972 and the
Community Land Act 1975, which covered buildings and structures, lakes, rivers and foreshore, particular estates or interests in land and
easements (
servitudes in
Scotland
Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...
) and other rights over and in land.
Section 4
Section 4 of the act provided that for all acts passed after 1850, the word "county" shall be construed as including a "county of a city and a county of a town", unless the contrary intention appears.
Section 5
Section 5 of the act provided that for all acts passed after 1850, the word "parish" as respects
England and Wales
England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, 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. Th ...
shall mean a "place for which a poor rate is or can be made, or for which a separate overseer is or can be appointed", unless the contrary intention appears.
Section 5 of the act was repealed by section 69(1) of, and schedule 8 to, the
Rating and Valuation Act 1925 (
15 & 16 Geo. 5. c. 90), as to
England and Wales
England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, 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. Th ...
, except as to the
administrative county
An administrative county was a first-level administrative division in England and Wales from 1888 to 1974, and in Ireland from 1899 until 1973 in Northern Ireland, 2002 in the Republic of Ireland. They are now abolished, although most Northern ...
of
London
London is the Capital city, capital and List of urban areas in the United Kingdom, largest city of both England and the United Kingdom, with a population of in . London metropolitan area, Its wider metropolitan area is the largest in Wester ...
and
Isles of Scilly
The Isles of Scilly ( ; ) are a small archipelago off the southwestern tip of Cornwall, England. One of the islands, St Agnes, Isles of Scilly, St Agnes, is over farther south than the most southerly point of the Great Britain, British mainla ...
(ss. 70(1) and (2)).
This section was repealed as to the
Isles of Scilly
The Isles of Scilly ( ; ) are a small archipelago off the southwestern tip of Cornwall, England. One of the islands, St Agnes, Isles of Scilly, St Agnes, is over farther south than the most southerly point of the Great Britain, British mainla ...
by the
Isles of Scilly Order 1927 (
SR&O 1927/59), p. 1500.
Section 6
Section 6 of the act provided that for all acts or
orders of council after 1850, the word "county court" as respects
England and Wales
England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, 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. Th ...
shall mean a court under the
County Courts Act 1888 (
51 & 52 Vict. c. 43), unless the contrary intention appears.
Section 7
Section 7 of the act provided that for all acts relating to
Scotland
Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...
, unless the contrary intention appears:
Section 8
Section 8 of the act provided that every section of an act shall have effect as a substantive enactment without introductory words.
This reflected section 2 of
Interpretation Act 1850 (
13 & 14 Vict. c. 21).
Previously, many acts of parliament, including this act, would prefix each section with a clause such as "And be it further enacted", "provided always" or "Provided always and it be enacted."
Section 9
Section 9 of the act provided that all acts passed after 1850 shall is a public act to be judicially noticed as such, unless the contrary intention appears.
This reflected section 7 of
Interpretation Act 1850 (
13 & 14 Vict. c. 21).
Section 10
Section 10 of the act provided that any act may be altered, amended or repealed in the same session of parliament.
This reflected section 2 of
Interpretation Act 1850 (
13 & 14 Vict. c. 21).
Previously, most acts of parliament would included a clause providing that "This Act may be amended or repealed in the present session of Parliament".
This was thought to be necessary because all acts of a session were passed simultaneously on the first day of that session until 1793, and the
House of Commons
The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...
had a rule by which decisions of the whole house could not be reversed in the same session.
Section 11
Section 11 of the act provided that where an act passed after 1850 repeals a repealing enactment, it shall not revive any enactments, unless words are added reviving that enactment.
Section 11 of the act also provided that where an act passed after 1850 substitutes provisions for an enactment, the repealed enactment shall remain in force until the substituted provisions come into operation.
Section 11(1) reflected section 5 of
Interpretation Act 1850 (
13 & 14 Vict. c. 21).
Under
common law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
, once an act was repealed it was treated as if it had never been treated, with the exception of acts past and closed.
Section 11(2) reflected section 6 of
Interpretation Act 1850 (
13 & 14 Vict. c. 21).
This was designed to save words in the commencement section, but has little relevance to modern legislation in which repeals are synchronised with replacements.
New general rules of construction
Section 12
Section 12 of the act provided official definitions of all past and future acts, unless the contrary intention appears.
Section 13
Section 13 provided judicial definitions of all past and future acts, unless the contrary intention appears.
Section 13 was amended for
Ireland
Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
by sections 38 to 43, 46, 47 and 49 of, and schedule 7 to, the
Government of Ireland Act 1920 (
10 & 11 Geo. 5. c. 67).
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.
Section 14
Section 14 of the act provided that the expression "rules of the court" when used in relation to any court shall mean "rules made by the authority having for the time being power to make rules or orders regulating the practice and procedures of such court", and as regards
Scotland
Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...
include "
acts of adjournal and
acts of sederunt", unless the contrary intention appears.
Section 15
Section 15 of the act provided definitions of the word "borough" for every past and future act, unless the contrary intention appears.
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 ( 11 & 12 Geo. 6. c. 65) 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 parlia ...
(
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
The Representation of the People Act 1948 ( 11 & 12 Geo. 6. c. 65) 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 parlia ...
(
11 & 12 Geo. 6. c. 65).
Section 16
Section 16 of the act provided definitions of guardians and unions for all past and future acts, unless the contrary intention appears.
Section 17
Section 17 of the act provided definitions of words relating to elections for all past and future acts, unless the contrary intention appears.
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
The Representation of the People Act 1948 ( 11 & 12 Geo. 6. c. 65) 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 parlia ...
(
11 & 12 Geo. 6. c. 65).
Sections 17(2) and (3) were repealed by section 80(7) of, and Schedule 13 to, the
Representation of the People Act 1948
The Representation of the People Act 1948 ( 11 & 12 Geo. 6. c. 65) 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 parlia ...
(
11 & 12 Geo. 6. c. 65).
Section 18
Section 18 of the act provided definitions of geographical or colonial words for all past and future acts, unless the contrary intention appears.
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 significantly increased the autonomy of the Dominions of the British Commonwealth.
Passed on 11 December 1931, the statute increased the sovereignty of t ...
(
22 & 23 Geo. 5. c. 4) 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 (
11 & 12 Geo. 6. c. 3).
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
Section 18A of the act 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 (25 & 26 Geo. 5. c. 42) was an Act of Parliament (UK), act passed by the British Parliament that originally received royal assent in August 1935. It was the longest act that the British Parliament ever enact ...
, and the establishment of the
Federation of India, meant the governor-general in council, did not apply to section 6 of the
Indian and Colonial Divorce Jurisdiction Act 1940.
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 19
Section 19 of the act provided that for all past and future acts, the expression "person" shall include "any body of persons corporate or unincorporate", unless the contrary intention appears.
Section 20
Section 20 of the act provided that for all past and future acts, expressions referring to writing shall be construed as including references to "printing, lithography, photography, and other modes of representing or reproducing words in a visible form", unless the contrary intention appears.
Section 21
Section 21 of the act provided that for all past and future acts, the expression "statutory declaration" shall mean a declaration made by virtue of the
Statutory Declarations Act 1835 (
5 & 6 Will. 4 c. 62), unless the contrary intention appears.
Section 22
Section 22 of the act provided that for all past and future acts, the expression "financial year" shall mean as respects any matters related to the
consolidated fund or money provided by Parliament or to the Exchequer, or to Imperial taxes or finance, the twelve months ending 31 March.
In the
Republic of Ireland
Ireland ( ), also known as the Republic of Ireland (), is a country in Northwestern Europe, north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland, with a population of about 5.4 million. ...
, this section was disapplied b
section 2(3)of the
Exchequer and Local Financial Years Act 1974.
Section 23
Section 23 of the act provided definitions for the
Land Clauses Acts to mean:
Section 24
Section 24 of the act provided that for all past and future acts, the expression "Irish Valuation Acts" shall mean acts relating to the valuation of rateable property in
Ireland
Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
.
Section 25
Section 25 of the act provided that for all past and future acts, the expression "ordnance map" shall mean a map made under the powers conferred by the
Survey (Great Britain) Acts, 1841 to 1870 or the
Survey (Ireland) Acts, 1825 to 1870, and acts amending the same, unless contrary intention appears.
Section 26
Section 26 of the act provided that for all past and future acts that authorise or require any document to be served by post, whether the expression "serve". "give", "send" or other is used, service shall be "deemed to be effected by properly addressing, prepaying, and posting a letter containing the document, and unless the contrary is proved to have been effected at the time at which the letter would be delivered in the ordinary course of post", unless contrary intention appears.
This brings in supporting provisions for acts which expressly authorise postal service.
In
common law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
, notices or documents given or served were required to be handed to the party concerned.
Section 27
Section 27 of the act provided that for all future acts, the expression "committed for trial" used in relation to any person shall, as respects
England and Wales
England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, 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. Th ...
, mean "committed to prison with the view of being tried before a judge and jury, whether the person is committed in pursuance of section twenty-two or of section twenty-five of the
Indicatable Offences Act, 1848 (
11 & 12 Vict. c. 42), or is committed by a court, judge, coroner, or other authority having power to commit a person to any prison with a view to his trial, and shall include a person who is admitted to bail upon a recognizance to appear and take his trial before a judge and jury".
Section 27 was updated in the
Interpretation Act 1978
The Interpretation Act 1978 (c. 30) 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 Asse ...
to define "committed for trial" and to extend the definition to
Northern Ireland
Northern Ireland ( ; ) is a Countries of the United Kingdom, part of the United Kingdom in the north-east of the island of Ireland. It has been #Descriptions, variously described as a country, province or region. Northern Ireland shares Repub ...
.
Section 28
Section 28 of the act provided definitions of the expressions "sheriff", "felony" and "misdemeanour" for all future acts, unless the contrary intention appears.
Section 29
Section 29 of the act provided that for all future acts, the expression "county court" as respects
Ireland
Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
shall mean a "civil bill court within the meaning of the
County Officers and Courts Ireland Act, 1877 (
40 & 41 Vict. c. 56)".
Section 30
Section 30 of the act provided that for all past and future acts, references to the sovereign reigning at the time of the passing of the act, or to "the Crown" shall be construed as references to the sovereign for the time being, binding on the crown, unless the contrary intention appears.
Section 31
Section 31 of the act provided that for all past and future acts, expressions used in orders in council, orders, warrants, schemes, letters patent, rules, regulations or byelaws made by an act shall have the same respective meanings as in the act conferring the power, unless the contrary intention appears.
Section 32
Section 32(1) of the act provided that where any future act confers a power or imposes a duty, that power may be exercised and the duty performed from time to time as occasion requires, unless the contrary intention appears.
This sub-section was originally enacted to counteract the risk of restrictive interpretation, but are not little more than statements of the obvious.
Section 32(2) of the act provided where any future act confers a power or imposes a duty on the holder of an office, that power may be exercised and the duty performed by the holder from time to time as occasion requires, unless the contrary intention appears.
Section 32(3) provided that where any future act confers a power to make any rules, regulations or byelaws, the power shall be construed as including a "power, exerciseable in the like manner and subject to the like consent and conditions, if any, to rescinding, revoke, amend or vary the rules, regulations or byelaws, unless the contrary intention appears."
Section 32 was updated in the
Interpretation Act 1978
The Interpretation Act 1978 (c. 30) 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 Asse ...
to extend the provisions to orders in council, orders and other types of subordinate legislation made by
statutory instruments and to cover explicitly powers of amendment and revocation.
Section 33
Section 33 of the act provided that where an act or omission constitutes an offence under two or more laws, the offender shall be liable to be prosecuted under either or any of those laws but not twice for the same offence, unless the contrary intention appears.
This section eliminated the need for savings in acts that create new offences already occupied by other legislation or by the
common law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
.
Section 34
Section 34 of the act provided that for all future acts the measurement of distance shall be measured in a straight line on a horizontal plane, unless the contrary intention appears.
Section 35
Section 35 of the act provided for the citation of acts.
Section 35(1) provided that acts may be cited by reference to the short title (with or without the reference), or by reference to the regnal year in which the act was passed, and where there are more statures or sessions than one in the same regnal year, by reference to the statute or the session, as the case may require, and where there are more chapters than one, by reference to the chapter. Section 35(1) also provided that any enactment may be cited by reference to the section or sub-section of the act in which the enactment is contained.
Section 35(2) of the act provided that where any future act contains such a reference, the reference shall be read as referring, in the case of statutes included in any
revised edition of the statutes purporting to be printed by authority, to that edition, and in the case of statutes not so included, and passed before the reign of King George the First, to the edition prepared under the direction of the
Record Commission, and in other cases to the copies of the statutes purporting to be printed by the
Queen's Printer or under the superintendence of or authority of
Her Majesty's Stationery Office
The Office of Public Sector Information (OPSI) is the body responsible for the operation of His Majesty's Stationery Office (HMSO) and of other public information services of the United Kingdom. The OPSI is part of the National Archives of the U ...
.
Section 35(3) of the act provided that for all future acts, a description or citation of a portion of another act shall be construed as including the word, section, or other part mentioned or referred to as forming the beginning and as forming the end of the portion compromised in the description or citation.
Section 35(3) is the opposite to parliamentary proceedings where an amendment to leave out "from X to Y" leaves both X and Y standing in the text.
Section 35 was updated in the
Interpretation Act 1978
The Interpretation Act 1978 (c. 30) 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 Asse ...
to address modern practices of citing acts by calendar year and chapter number and to authorise citation of subordinate legislation, including by
orders in council
An Order in Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom, this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council ('' ...
or by
statutory instruments and to ensure references to enactments are as the act stands at the time of reference, not as originally passed.
Section 36
Section 36(1) of the act provided that for all past and future acts, the expression "commencement" shall mean the time at which the act comes into operation.
Section 36(2) of the act provided that where a future act, or any order in council, order, warrant, scheme, letters patent, rules, regulations or byelaws made, granted, or issued, under a power conferred by any such act, is expressed to come into operation on a particular day, the same shall be construed as coming into operation immediately on the expiration of the previous day.
Section 36(2) was updated in the
Interpretation Act 1978
The Interpretation Act 1978 (c. 30) 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 Asse ...
to reflect the modern practice of commencing different provisions of the same by order or
statutory instrument.
Section 37
Section 37 of the act provided that where a future act does not commence immediately and confers powers to make any appointment, to make, grant or issue any instrument or to do any other things for the purposes of the act, that power may be exercised at any time after the passing of the act, so far as may be necessary or expedient for the purpose of bringing the act into operation.
This section was enacted to make it unnecessary to fend off challenges to commencement clauses of individual acts.
Section 37 was amended in the
Interpretation Act 1978
The Interpretation Act 1978 (c. 30) 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 Asse ...
to reflect the modern practice of commencing different provisions of the same by order or
statutory instrument.
Section 38
Section 38 of the act contained the
Westbury Saving present in the
Statute Law Revision Acts, explicitly preventing any repeal from affecting the interpretation of any statute still in force and retaining any right, benefit, claim, liability, principle of law and court jurisdiction that had previously arisen under a repealed act.
Section 38 of the act 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.
Section 38 was updated in the
Interpretation Act 1978
The Interpretation Act 1978 (c. 30) 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 Asse ...
to address ambiguity surrounding "and any other act", to cover references to enactments repealed and re-enacted, to reflect the occasional practice of temporary acts and cover savings in legislation such as the
Prevention of Terrorism (Temporary Provisions) Act 1989 and to apply to acts of the
Parliament of Northern Ireland.
Supplemental
Section 39
Section 39 of the act provided that the definition of "act" in the act shall include local, personal and private acts.
Section 40
Section 40 of the act provided that the provisions of the act respecting the construction of the act passed after the commencement of the act shall not affect construction of any act passed before the commencement of the act, although continued or amended by an act passed after such commencement.
Section 41
Section 41 of the act repealed 8 enactments, listed in the schedule to the act.
= Repealed enactments
=
Section 42
Section 42 of the act provided that the act shall commence on 1 January 1890.
Section 43
Section 43 of the act provided that the act may be cited as the "Interpretation Act, 1889".
External links
*List of amendments and repeals in the Republic of Ireland from th
Irish Statute Book
See also
*
Ex post facto law
An ''ex post facto'' law is a law that retroactively changes the legal consequences or status of actions that were committed, or relationships that existed, before the enactment of the law. In criminal law, it may criminalize actions that were ...
*
Coming into force
In law, coming into force or entry into force (also called commencement) is the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect. The term is closely related to the date of this ...
*
Interpretation Act
*
Statute Law Revision Act
Statute Law Revision Act (with its variations) is a stock short title which has been used in Antigua, Australia, Barbados, Bermuda, Canada, Ghana, the Republic of Ireland, South Africa and the United Kingdom, for Acts with the purpose of statute ...
Notes
References
*J M Lely. "Interpretation Act, 1889". The Statutes of Practical Utility. (Chitty's Statutes). Fifth Edition. 1894. vol 1. title "Act of Parliament". p
7to 20.
*Paterson and Cotton. The Practical Statutes of the Session 1889. 1889. Part I. p
303to 326.
*Arnold, Mackenzie and Johnson. "Interpretation". The Law Relating to Municipal Corporations in England and Wales. Fourth Edition. 1894. Chapter 11. p
743to 756.
{{Authority control
United Kingdom Acts of Parliament 1876
Constitution of the United Kingdom
Ex post facto law
Constitutional laws of the United Kingdom