Interpretation Act 1978

1978 CHAPTER 30

An 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.

[20th July 1978]

Modifications etc. (not altering text)

C1 Act modified (E.W.S.) by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 144, Sch. 10 para. 19

Commencement Information

I1 Act wholly in force at 1. 1. 1979 see s. 26

General provisions as to enactment and operation U.K.

1 Words of enactment. U.K.

Every section of an Act takes effect as a substantive enactment without introductory words.

2 Amendment or repeal in same Session. U.K.

Any Act may be amended or repealed in the Session of Parliament in which it is passed.

3 Judicial notice. U.K.

Every Act is a public Act to be judicially noticed as such, unless the contrary is expressly provided by the Act.

4 Time of commencement. U.K.

An Act or provision of an Act comes into force—

(a) where provision is made for it to come into force on a particular day, at the beginning of that day;

(b) where no provision is made for its coming into force, at the beginning of the day on which the Act receives the Royal Assent.

Interpretation and construction U.K.

5 Definitions. U.K.

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.

6 Gender and number. U.K.

In any Act, unless the contrary intention appears,—

(a) words importing the masculine gender include the feminine;

(b) words importing the feminine gender include the masculine;

(c) words in the singular include the plural and words in the plural include the singular.

Modifications etc. (not altering text)

C2 S. 6(a) excluded (E.W.) by Sexual Offences Act 1985 (c. 44, SIF 39:5), ss. 4(3), 5(5)

C3 S. 6(b) excluded (E.W.) by Sexual Offences Act 1985 (c. 44, SIF 39:5), ss. 4(3), 5(5)

C4 S. 6(b) excluded (E.W.S.) by Employment Act 1989 (c. 38, SIF 43:1), ss. 5(4)(7), 29(6), Sch. 9 para. 4(1)

7 References to service by post. U.K.

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying 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.

Modifications etc. (not altering text)

C5 S. 7 modified (E.W.) (1.7.1995) by 1994 c. 36, s. 17(2)(3) (with s. 20); S.I. 1995/1317, art. 2

C6 S. 7 excluded by Insurance Companies Act 1982 (c. 50, SIF 67), s. 77(4)

S. 7 excluded (E.W.) by Enduring Powers of Attorney Act 1985 (c. 29, SIF 1), s. 4(3), Sch. 1 Pt. IV para. 8(2)

S. 7 excluded by Public Order Act 1986 (c. 64, SIF 39:2), s. 11(5)

S. 7 excluded (20.6.2003) by The Enterprise Act 2002 (Merger Prenotification) Regulations 2003 (S.I. 2003/1369), regs. 5, 11, 12, 13(5)

S. 7 excluded (E.W.) (1.7.2005 for certain purposes and 1.8.2005 otherwise) by Serious Organised Crime Act 2005 (c. 15), ss. 133(6), 178; S.I. 2005/1521, arts. 3(1)(p), 4(1)

S. 7 excluded (E.W.) (1.10.2007) by The Mental Capacity Act 2005 (c. 9), ss. 66(3), 68(1), Sch. 4 para. 12 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

8 References to distance. U.K.

In the measurement of any distance for the purposes of an Act, that distance shall, unless the contrary intention appears, be measured in a straight line on a horizontal plane.

9 References to time of day. U.K.

Subject to section 3 of the M1 Summer Time Act 1972 (construction of references to points of time during the period of summer time), whenever an expression of time occurs in an Act, the time referred to shall, unless it is otherwise specifically stated, be held to be Greenwich mean time.

Marginal Citations

M1 1972 c. 6.

10 References to the Sovereign. U.K.

In any Act a reference to the Sovereign reigning at the time of the passing of the Act is to be construed, unless the contrary intention appears, as a reference to the Sovereign for the time being.

11 Construction of subordinate legislation. U.K.

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.

Modifications etc. (not altering text)

C7 S. 11 applied (1.1.1995) by S.I. 1994/3144, reg. 1(6)

C8 S. 11 excluded (E.W.) (1.9.1997) by S.I. 1997/1972, reg. 2(3)

C9 S. 11 applied (30.10.2005) by The Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005 (S.I. 2005/2750), regs. 1, 2(3) (with transitional provisions in reg. 12, Sch. 6)

C10 S. 11 excluded (S.) (1.8.2007) by The Education (Fees and Awards) (Scotland) Regulations 2007 (S.S.I. 2007/152), reg. 2(2)

C11 S. 11 excluded (W.) (31.8.2007) by The Education (Fees and Awards) (Wales) Regulations 2007 (S.I. 2007/2310), reg. 2(2)

C12 S. 11 excluded (S.) (1.8.2012) by The Education (Fees) (Scotland) Regulations 2011 (S.S.I. 2011/389), regs. 1(1), 2(2)

Statutory powers and duties U.K.

12 Continuity of powers and duties. U.K.

(1) Where an Act confers a power or imposes a duty it is implied, unless the contrary intention appears, that the power may be exercised, or the duty is to be performed, from time to time as occasion requires.

(2) Where an Act confers a power or imposes a duty on the holder of an office as such, it is implied, unless the contrary intention appears, that the power may be exercised, or the duty is to be performed, by the holder for the time being of the office.

13 Anticipatory exercise of powers. U.K.

Where an Act which (or any provision of which) does not come into force immediately on its passing confers power to make subordinate legislation, or to make appointments, give notices, prescribe forms or do any other thing for the purposes of the Act, then, unless the contrary intention appears, the power may be exercised, and any instrument made thereunder may be made so as to come into force, at any time after the passing of the Act so far as may be necessary or expedient for the purpose—

(a) of bringing the Act or any provision of the Act into force; or

(b) of giving full effect to the Act or any such provision at or after the time when it comes into force.

14 Implied power to amend. U.K.

Where an Act confers power to make—

(a) rules, regulations or byelaws; or

(b) Orders in Council, orders or other subordinate legislation to be made by statutory instrument,

it implies, unless the contrary intention appears, a power, exercisable in the same manner and subject to the same conditions or limitations, to revoke, amend or re-enact any instrument made under the power.

Yn ddilys o 25/04/2013

[F1 14A Power to include sunset and review provisions in subordinate legislation U.K.

(1) This section applies where an Act confers a power or a duty on a person to make subordinate legislation except to the extent that—

(a) the power or duty is exercisable by the Scottish Ministers, or

(b) the power or duty is exercisable by any other person within devolved competence (within the meaning of the Scotland Act 1998).

(2) The subordinate legislation may include—

(a) provision requiring the person to review the effectiveness of the legislation within a specified period or at the end of a specified period;

(b) provision for the legislation to cease to have effect at the end of a specified day or a specified period;

(c) if the power or duty is being exercised to amend other subordinate legislation, provision of the kind mentioned in paragraph (a) or (b) in relation to that other legislation.

(3) The provision that may be made by virtue of subsection (2)(a) includes provision requiring the person to consider whether the objectives which it was the purpose of the legislation to achieve remain appropriate and, if so, whether they could be achieved in another way.

(4) Subordinate legislation including provision of a kind mentioned in subsection (2) may make such provision generally or only in relation to specified provisions of the legislation or specified cases or circumstances.

(5) Subordinate legislation including provision of a kind mentioned in subsection (2) may make transitional, consequential, incidental or supplementary provision or savings in connection with such provision.

(6) In this section, “specified” means specified in the subordinate legislation.]

Textual Amendments

F1 S. 14A inserted (25.4.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 59(2), 103(1)(e)

Repealing enactments U.K.

15 Repeal of repeal. U.K.

Where an Act repeals a repealing enactment, the repeal does not revive any enactment previously repealed unless words are added reviving it.

16 General savings. U.K.

(1) Without prejudice to section 15, where an Act repeals an enactment, the repeal does not, unless the contrary intention appears,—

(a) revive anything not in force or existing at the time at which the repeal takes effect;

(b) affect the previous operation of the enactment repealed or anything duly done or suffered under that enactment;

(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under that enactment;

(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against that enactment;

(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment;

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the repealing Act had not been passed.

(2) This section applies to the expiry of a temporary enactment as if it were repealed by an Act.

Modifications etc. (not altering text)

C13 S. 16 excluded (E.W.) by Mineral Workings Act 1985 (c. 12, SIF 86), ss. 3(3), 6(2)

C14 S. 16 excluded by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 99, Sch. 13 paras. 3, 8

17 Repeal and re-enactment. U.K.

(1) Where an Act repeals a previous enactment and substitutes provisions for the enactment repealed, the repealed enactment remains in force until the substituted provisions come into force.

(2) Where an Act repeals and re-enacts, with or without modification, a previous enactment then, unless the contrary intention appears,—

(a) any reference in any other enactment to the enactment so repealed shall be construed as a reference to the provision re-enacted;

(b) in so far as any subordinate legislation made or other thing done under the enactment so repealed, or having effect as if so made or done, could have been made or done under the provision re-enacted, it shall have effect as if made or done under that provision.

Modifications etc. (not altering text)

C15 S. 17(2)(a) excluded by Insurance Companies Act 1982 (c. 50, SIF 67), s. 99(1), Sch. 4 para. 17

Miscellaneous U.K.

18 Duplicated offences. U.K.

Where an act or omission constitutes an offence under two or more Acts, or both under an Act and at common law, the offender shall, unless the contrary intention appears, be liable to be prosecuted and punished under either or any of those Acts or at common law, but shall not be liable to be punished more than once for the same offence.

19 Citation of other Acts. U.K.

(1) Where an Act cites another Act by year, statute, session or chapter, or a section or other portion of another Act by number or letter, the reference shall, unless the contrary intention appears, be read as referring—

(a) in the case of Acts included in any revised edition of the statutes printed by authority, to that edition;

(b) in the case of Acts not so included but included in the edition prepared under the direction of the Record Commission, to that edition;

(c) in any other case, to the Acts printed by the Queen’s Printer, or under the superintendence or authority of Her Majesty’s Stationery Office.

(2) An Act may continue to be cited by the short title authorised by any enactment notwithstanding the repeal of that enactment.

20 References to other enactments. U.K.

(1) Where an Act describes or cites a portion of an enactment by referring to words, sections or other parts from or to which (or from and to which) the portion extends, the portion described or cited includes the words, sections or other parts referred to unless the contrary intention appears.

(2) Where an Act refers to an enactment, the reference, unless the contrary intention appears, is a reference to that enactment as amended, and includes a reference thereto as extended or applied, by or under any other enactment, including any other provision of that Act.

Modifications etc. (not altering text)

C16 S. 20(2) applied (5.6.2003) by The Immigration (Jersey) Order 1993 (S.I. 1993/1797), art. 4(1) (as amended by The Immigration and Asylum Act 1999 (Jersey) Order 2003 (S.I. 2003/1252), art. 3(a))

C17 S. 20(2) excluded (8.7.2003) by National Minimum Wage (Enforcement Notices) Act 2003 (c. 8), s. 2(2)(4)

Yn ddilys o 08/01/2007

[F2 20A References to Community instruments U.K.

Where an Act passed after the commencement of this section refers to a Community instrument that has been amended, extended or applied by another such instrument, the reference, unless the contrary intention appears, is a reference to that instrument as so amended, extended or applied.]

Textual Amendments

F2 S. 20A inserted (8.1.2007) by Legislative and Regulatory Reform Act 2006 (c. 51), ss. 25(1), 33

Supplementary U.K.

21 Interpretation etc. U.K.

(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. U.K.

(1) This Act applies to itself, to any Act passed after the commencement of this Act 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.

23 Application to other instruments. U.K.

(1) The provisions of this Act, except sections 1 to 3 and 4(b), apply, so far as applicable and unless the contrary intention appears, to subordinate legislation made after the commencement of this Act and, to the extent specified in Part II of Schedule 2, to subordinate legislation made before the commencement of this Act, as they apply to Acts.

(2) In the application of this Act to Acts passed or subordinate legislation made after the commencement of this Act, all references to an enactment include an enactment comprised in subordinate legislation whenever made, and references to the passing or repeal of an enactment are to be construed accordingly.

(3) Sections 9 and 19(1) also apply to deeds and other instruments and documents as they apply to Acts and subordinate legislation; and in the application of section 17(2)(a) to Acts passed or subordinate legislation made after the commencement of this Act, the reference to any other enactment includes any deed or other instrument or document.

(4) Subsections (1) and (2) of this section do not apply to Orders in Council made under section 5 of the M2 Statutory Instruments Act 1946, section 1(3) of the M3 Northern Ireland (Temporary Provisions) Act 1972 or Schedule 1 to the M4 Northern Ireland Act 1974.

Modifications etc. (not altering text)

C18 S. 23(1)(2) excluded by Northern Ireland Act 1982 (c. 38, SIF 29:3), s. 6, Sch. 2 para. 7(2)

C19 S. 23(3) excluded by Companies Act 1989 (c. 40, SIF 27), s. 144(6)

S. 23(3) excluded (6.4.2008 for specified purposes and otherwise 1.10.2009) by Companies Act 2006 (c. 46), ss. 1160(4), 1300(2); S.I. 2007/3495, art. 3(4) (subject to art. 6, Sch. 1); S.I. 2008/2860, art. 3(u) (with arts. 5, 7, 8, Sch. 2 (as amended by S.I. 2009/1802, art. 18, Sch. 2 and S.I. 2009/2476, reg. 2(3))

Marginal Citations

M2 1946 c. 36.

M3 1972 c. 22.

M4 1974 c. 28.

Yn ddilys o 01/07/1999

[F3 23A Acts of the Scottish Parliament etc. U.K.

(1) This Act applies in relation to an Act of the Scottish Parliament and an instrument made under such an Act only to the extent provided in this section.

(2) Except as provided in subsection (3) below, sections 15 to 18 apply to—

(a) an Act of the Scottish Parliament as they apply to an Act,

(b) an instrument made under an Act of the Scottish Parliament as they apply to subordinate legislation.

(3) In the application of those sections to an Act and to subordinate legislation—

(a) references to an enactment include an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, and

(b) the reference in section 17(2)(b) to subordinate legislation includes an instrument made under an Act of the Scottish Parliament.

(4) In the application of section 20 to an Act and to subordinate legislation, references to an enactment include an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.]

Textual Amendments

F3 S. 23A and sidenote inserted (1.7.1999) by 1998 c. 46, s. 125, Sch. 8 para. 16(2) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2

Yn ddilys o 03/05/2007

[F4 23B Measures and Acts of the National Assembly for Wales etc. U.K.

(1) Subject as follows, the provisions of this Act—

(a) apply to a Measure or Act of the National Assembly for Wales as they apply to an Act, and

(b) apply to an instrument made under a Measure or Act of the National Assembly for Wales as they apply to other subordinate legislation.

(2) Sections 1 to 3 do not apply to a Measure or Act of the National Assembly for Wales.

(3) In this Act references to an enactment include an enactment comprised in, or in an instrument made under, a Measure or Act of the National Assembly for Wales.

(4) In the application of this Act to a Measure or Act of the National Assembly for Wales, references to the passing of an Act or an enactment are to be read as references to the enactment of the Measure or Act.

(5) Section 4(b) does not apply to a Measure of the National Assembly for Wales; but where such a Measure makes no provision for the coming into force of a provision contained in it, that provision comes into force at the beginning of the day on which the Measure is approved by Her Majesty in Council.]

Textual Amendments

F4 S. 23B inserted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 11 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes at the end of "the initial period" (which ended with the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act

24 Application to Northern Ireland. U.K.

(1) This Act extends to Northern Ireland so far as it applies to Acts or subordinate legislation which so extend.

(2) In the application of this Act to Acts passed or subordinate legislation made after the commencement of this Act, all references to an enactment include an enactment comprised in Northern Ireland legislation whenever passed or made; and in relation to such legislation references to the passing or repeal of an enactment include the making or revocation of an Order in Council.

(3) In the application of section 14 to Acts passed after the commencement of this Act which extend to Northern Ireland, “statutory instrument” includes statutory rule for the purposes of the [F5 M5 Statutory Rules (Northern Ireland) Order 1979].

(4) The following definitions contained in Schedule 1, namely those of—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

• The Communities and related expressions;

• The Corporation Tax Acts;

• The Income Tax Acts;

• The Tax Acts,

apply, unless the contrary intention appears, to Northern Ireland legislation as they apply to Acts.

(5) In this section “Northern Ireland legislation” means—

(a) Acts of the Parliament of Ireland;

(b) Acts of the Parliament of Northern Ireland;

(c) Orders in Council under section 1(3) of the M6 Northern Ireland (Temporary Provisions) Act 1972;

(d) Measures of the Northern Ireland Assembly; and

(e) Orders in Council under Schedule 1 to the M7 Northern Ireland Act 1974.

Textual Amendments

F5 Words substituted by S.I. 1979/1573 (N.I. 12), Sch. 4 para. 25

F6 Words repealed by British Nationality Act 1981 (c. 61, SIF 87), s. 52(8), Sch. 9

Modifications etc. (not altering text)

C20 S. 24 extended by Northern Ireland Act 1982 (c. 38, SIF 29:3), s. 6, Sch. 2 para. 7(2)

Marginal Citations

M5 S.I. 1979/1573 (N.I. 12).

M6 1972 c. 22.

M7 1974 c. 28.

25 Repeals and savings. U.K.

X1 (1) The enactments described in Schedule 3 are repealed to the extent specified in the third column of that Schedule.

(2) Without prejudice to section 17(2)(a), a reference to the M8 Interpretation Act 1889, to any provision of that Act or to any other enactment repealed by this Act, whether occurring in another Act, in subordinate legislation, in Northern Ireland legislation or in any deed or other instrument or document, shall be construed as referring to this Act, or to the corresponding provision of this Act, as it applies to Acts passed at the time of the reference.

(3) The provisions of this Act relating to Acts passed after any particular time do not affect the construction of Acts passed before that time, though continued or amended by Acts passed thereafter.

Editorial Information

X1 The text of s. 25(1), Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any repeals or amendments which may have been made prior to 1.2.1991

Marginal Citations

M8 1889 c. 63.

26 Commencement. U.K.

This Act shall come into force on 1st January 1979.

27 Short title. U.K.

This Act may be cited as the Interpretation Act 1978.

SCHEDULES

Section 5.

SCHEDULE 1 U.K. Words and Expressions Defined

Modifications etc. (not altering text)

C21 Sch. 1 excluded in part (6.4.2003 with effect in accordance with s. 723(1) of the excluding Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 721(6)(b) (subject to Sch. 7)

Note: The years or dates which follow certain entries in this Schedule are relevant for the purposes of paragraph 4 of Schedule 2 (application to existing enactments).

Definitions U.K.

• “Associated state” means a territory maintaining a status of association with the United Kingdom in accordance with the M9 West Indies Act 1967. [16th February 1967]

• “Bank of England” means, as the context requires, the Governor and Company of the Bank of England or the bank of the Governor and Company of the Bank of England.

• “Bank of Ireland” means, as the context requires, the Governor and Company of the Bank of Ireland or the bank of the Governor and Company of the Bank of Ireland.

• “British Islands” means the United Kingdom, the Channel Islands and the Isle of Man. [1889]

• “British possession” means any part of Her Majesty’s dominions outside the United Kingdom; and where parts of such dominions are under both a central and a local legislature, all parts under the central legislature are deemed, for the purposes of this definition, to be one British possession. [1889]

• F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “Building regulations”, in relation to England and Wales, [F8 has the meaning given by section 122 of the Building Act 1984]

• “Central funds”, in an enactment providing in relation to England and Wales for the payment of costs out of central funds, means money provided by Parliament.

• “Charity Commissioners” means the Charity Commissioners for England and Wales referred to in section 1 of the M10 Charities Act 1960.

• “Church Commissioners” means the Commissioners constituted by the M11 Church Commissioners Measure 1947.

• “Colonial legislature”, and “legislature” in relation to a British possession, mean the authority, other than the Parliament of the United Kingdom or Her Majesty in Council, competent to make laws for the possession. [1889]

• “Colony” means any part of Her Majesty’s dominions outside the British Islands except—

  (a)

  countries having fully responsible status within the Commonwealth;

  (b)

  territories for whose external relations a country other than the United Kingdom is responsible;

  (c)

  associated states:

  and where parts of such dominions are under both a central and a local legislature, all parts under the central legislature are deemed for the purposes of this definition to be one colony. [1889]

• “Commencement”, in relation to an Act or enactment, means the time when the Act or enactment comes into force.

• “Committed for trial” means—

  (a)

  in relation to England and Wales, committed in custody or on bail by a magistrates’ court pursuant to [F9 section 6 of the Magistrates’ Courts Act 1980], or by any judge or other authority having power to do so, with a view to trial before a judge and jury; [1889]

  (b)

  in relation to Northern Ireland, committed in custody or on bail by a magistrates’ court pursuant to [F10 Article 37 of the Magistrates’ Courts (Northern Ireland) Order 1981], or by a court, judge, resident magistrate, justice of the peace or other authority having power to do so, with a view to trial on indictment. [1st January 1979]

• “The Communities”, “the Treaties” or “the Community Treaties” and other expressions defined by section 1 of and Schedule 1 to the M12 European Communities Act 1972 have the meanings prescribed by that Act.

• “Comptroller and Auditor General” means the Comptroller-General of the receipt and issue of Her Majesty’s Exchequer and Auditor-General of Public Accounts appointed in pursuance of the M13 Exchequer and Audit Departments Act 1866.

• “Consular officer” has the meaning assigned by Article 1 of the Vienna Convention set out in Schedule 1 to the M14 Consular Relations Act 1968.

• [F11 “The Corporation Tax Acts” means the enactments relating to the taxation of the income and chargeable gains of companies and of company distributions (including provisions relating to income tax);]

• “County court” means—

  (a)

  in relation to England and Wales, a court held for a district under [F12 the County Courts Act 1984]; [1846]

  (b)

  in relation to Northern Ireland, a court held for a division under the County Courts [F13 (Northern Ireland) Order 1980]. [1889]

• “Court of Appeal” means—

  (a)

  in relation to England and Wales, Her Majesty’s Court of Appeal in England;

  (b)

  in relation to Northern Ireland, Her Majesty’s Court of Appeal in Northern Ireland.

• “Court of summary jurisdiction”, “summary conviction” and “Summary Jurisdiction Acts”, in relation to Northern Ireland, have the same meanings as in Measures of the Northern Ireland Assembly and Acts of the Parliament of Northern Ireland.

• “Crown Court” means—

  (a)

  in relation to England and Wales, the Crown Court constituted by section 4 of the M15 Crown Courts Act 1971;

  (b)

  in relation to Northern Ireland, the Crown Court constituted by section 4 of the M16 Judicature (Northern Ireland) Act 1978.

• “Crown Estate Commissioners” means the Commissioners referred to in section 1 of the M17 Crown Estate Act 1961.

• “England” means, subject to any alteration of boundaries under Part IV of the M18 Local Government Act 1972, the area consisting of the counties established by section 1 of that Act, Greater London and the Isles of Scilly. [1st April 1974].

• “Financial year” means, in relation to matters relating to the Consolidated Fund, the National Loans Fund, or moneys provided by Parliament, or to the Exchequer or to central taxes or finance, the twelve months ending with 31st March. [1889]

• “Governor-General” includes any person who for the time being has the powers of the Governor-General, and “Governor”, in relation to any British possession, includes the officer for the time being administering the government of that possession. [1889]

• “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.

• “The Income Tax Acts” means all enactments relating to income tax, including any provisions of the Corporation Tax Acts which relate to income tax.

• “Land” includes building and other structures, land covered with water, and any estate, interest, easement, servitude or right in or over land. [1st January 1979].

• “Lands Clauses Acts” means—

  (a)

  in relation to England and Wales, the M19 Lands Clauses Consolidation Act 1845 and the M20 Lands Clauses Consolidation Acts Amendment Act 1860, and any Acts for the time being in force amending those Acts; [1889]

  (b)

  in relation to Scotland, the M21 Lands Clauses Consolidation (Scotland) Act 1845 and the M22 Lands Clauses Consolidation Acts Amendment Act 1860, and any Acts for the time being in force amending those Acts; [1889]

  (c)

  in relation to Northern Ireland, the enactments defined as such by section 46(1) of the M23 Interpretation Act Northern Ireland) 1954. [1889]

• “Local land charges register”, in relation to England and Wales, means a register kept pursuant to section 3 of the M24 Local Land Charges Act 1975, and “the appropriate local land charges register” has the meaning assigned by section 4 of that Act.

• “London borough” means a borough described in Schedule 1 to the M25 London Government Act 1963, “inner London borough” means one of the boroughs so described and numbered from 1 to 12 and “outer London borough” means one of the boroughs so described and numbered from 13 to 32, subject (in each case) to any alterations made under Part IV of the M26 Local Government Act 1972.

• “Lord Chancellor” means the Lord High Chancellor of Great Britain.

• “Magistrates’ court” has the meaning assigned to it—

  (a)

  in relation to England and Wales, by [F14 section 148 of the Magistrates’ Courts Act 1980];

  (b)

  in relation to Northern Ireland, by [F15 Article 2(2) of the Magistrates’ Courts (Northern Ireland) Order 1981].

• “Month” means calendar month. [1850]

• “National Debt Commissioners” means the Commissioners for the Reduction of the National Debt.

• “Northern Ireland legislation” has the meaning assigned by section 24(5) of this Act. [1st January 1979]

• “Oath” and “affidavit” include affirmation and declaration, and “swear” includes affirm and declare.

• “Ordnance Map” means a map made under powers conferred by the M27 Ordnance Survey Act 1841 or the M28 Boundary Survey (Ireland) Act 1854.

• “Parliamentary Election” means the election of a Member to serve in Parliament for a constituency. [1889]

• “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—

  (a)

  in relation to England and Wales, by section 62 of the M29 Police Act 1964;

  (b)

  in relation to Scotland, by sections 50 and 51(4) of the M30 Police (Scotland) Act 1967.

• “The Privy Council” means the Lords and others of Her Majesty’s Most Honourable Privy Council.

• [F16 “Registered” in relation to nurses, midwives and health visitors, means registered in the register maintained by the United Kingdom Central Council for Nursing, Midwifery and Health Visiting by virtue of qualifications in nursing, midwifery or health visiting, as the case may be.]

• “Registered medical practitioner” means a fully registered person within the meaning of [F17 the Medical Act 1983]. [1st January 1979]

• “Rules of Court” in relation to any court means rules made by the authority having power to make rules or orders regulating the practice and procedure of that court, and in Scotland includes Acts of Adjournal and Acts of Sederunt; and the power of the authority to make rules of court (as above defined) includes power to make such rules for the purpose of any Act which directs or authorises anything to be done by rules of court. [1889]

• “Secretary of State” means one of Her Majesty’s Principal Secretaries of State.

• [F18 “Sewerage undertaker”, in relation to England and Wales, shall be construed in accordance with section 11 of the Water Act 1989.]

• “Sheriff”, in relation to Scotland, includes sheriff principal. [1889]

• [F19 “The standard scale”, with reference to a fine or penalty for an offence triable only summarily,—

  (a)

  in relation to England and Wales, has the meaning given by section 37 of the M31 Criminal Justice Act 1982;

  (b)

  in relation to Scotland, has the meaning given by section 289G of the M32 Criminal Procedure (Scotland) Act 1975;

  (c)

  in relation to Northern Ireland, has the meaning given by Article 5 of the M33 Fines and Penalties (Northern Ireland) Order 1984.]

• “Statutory declaration” means a declaration made by virtue of the M34 Statutory Declarations Act 1835.

• [F20 “Statutory maximum”, with reference to a fine or penalty on summary conviction for an offence,—

  (a)

  in relation to England and Wales, means the prescribed sum within the meaning of section 32 of the M35 Magistrates’ Courts Act 1980;

  (b)

  in relation to Scotland, means the prescribed sum within the meaning of section 289B(6) of the M36 Criminal Procedure (Scotland( Act 1975; and

  (c)

  in relation to Northern Ireland, means the prescribed sum within the meaning of Article 4 of the Fines and Penalties (Northern Ireland) Order 1984.]

• “Supreme Court” means—

  (a)

  in relation to England and Wales, the Court of Appeal and the High Court together with the Crown Court;

  (b)

  in relation to Northern Ireland, the Supreme Court of Judicature of Northern Ireland.

• [F21 “The Tax Acts” means the Income Tax Acts and the Corporation Tax Acts.]

• “The Treasury” means the Commissioners of Her Majesty’s Treasury.

• “United Kingdom” means Great Britain and Northern Ireland. [12th April 1927]

• “Wales” means, subject to any alteration of boundaries made under Part IV of the M37 Local Government Act 1972, the area consisting of the counties established by section 20 of that Act. [1st April 1974]

• [F22 “Water undertaker”, in relation to England and Wales, shall be construed in accordance with section 11 of the Water Act 1989.]

• “Writing” includes typing, printing, lithography, photography and other modes of representing or reproducing words in a visible form, and expressions referring to writing are construed accordingly.

Textual Amendments

F7 Entry repealed by British Nationality Act 1981 (c. 61, SIF 87), s. 52(8), Sch. 9

F8 Words substituted by Building Act 1984 (c. 55, SIF 15), s. 133(1), Sch. 6 para. 19

F9 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 169(a)

F10 Words substituted by S.I. 1981/1675 (N.I. 26), s. 170(2), Sch. 6 para. 56(a)

F11 Definition substituted by Finance Act 1987 (c. 16, SIF 63:1), ss. 2(8), 71, Sch. 15 para. 12

F12 Words substituted by County Courts Act 1984 (c. 28, SIF 34), s. 148(1), Sch. 2 Pt. V para. 68

F13 Words substituted by S.I. 1980/397 (N.I. 3), Sch. 1 Pt. II

F14 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 169(b)

F15 Words substituted by S.I. 1981/1675 (N.I. 26), s. 170(2), Sch. 6 para. 56(b)

F16 Definition inserted by Nurses, Midwives and Health Visitors Act 1979 (c. 36), s. 24(2), Sch. 7 para. 30

F17 Words substituted by Medical Act 1983 (c. 54, SIF 83:1), s. 56(1), Sch. 5 para. 18

F18 Definition inserted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 25 para. 55(2), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F19 Definition inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), 170(1), Sch. 8 para. 16, Sch. 15 para. 58(a)

F20 Definition inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), 170(1), Sch. 8 para. 16, Sch. 15 para. 58(b)

F21 Definition substituted by Finance Act 1987 (c. 16, SIF 63:1), ss. 2(8), 71, Sch. 15 para. 12

F22 Definition substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 25 para. 55(3), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

Marginal Citations

M9 1967 c. 4.

M10 1960 c. 58.

M11 1947 C.A.M. No. 2.

M12 1972 c. 68.

M13 1866 c. 39.

M14 1968 c. 18.

M15 1971 c. 23.

M16 1978 c. 23.

M17 1961 c. 55.

M18 1972 c. 70.

M19 1845 c. 18.

M20 1860 c. 106.

M21 1845 c. 19.

M22 1860 c. 106.

M23 1954 c. 33 (N.I.)

M24 1975 c. 76.

M25 1963 c. 33.

M26 1972 c. 70.

M27 1841 c. 30.

M28 1854 c. 17.

M29 1964 c. 48.

M30 1967 c. 77.

M31 1982 c. 48 (39:1).

M32 1975 c. 21 (39:1).

M33 S.I. 1984/703 (N.I. 3).

M34 1835 c. 62.

M35 1980 c. 43 (82).

M36 1975 c. 21 (39:1).

M37 1972 c. 70.

[F23 Construction of certain expressions relating to children] U.K.

Textual Amendments

F23 Entry repealed (E.W.) (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 paras. 1(1), 27(4), Sch. 15

In relation to England and Wales the following expressions and references, namely—

(a)

the expression “the parental rights and duties”;

(b)

the expression “legal custody” in relation to a child (as defined in the M38 Children Act 1975); and

(c)

any reference to the person with whom a child (as so defined) has his home,

are to be construed in accordance with Part IV of that Act. [12th November 1975]

Marginal Citations

M38 1975 c. 72.

Construction of certain expressions relating to offences U.K.

In relation to England and Wales—

(a) “indictable offence” means an offence which, if committed by an adult, is triable on indictment, whether it is exclusively so triable or triable either way;

(b) “summary offence” means an offence which, if committed by an adult, is triable only summarily;

(c) “offence triable either way” means an offence [F24 , other than an offence triable on indictment only by virtue of Part V of the Criminal Justice Act 1988] which, if committed by an adult, is triable either on indictment or summarily;

and the terms “indictable”, “summary” and “triable either way”, in their application to offences, are to be construed accordingly.

In the above definitions references to the way or ways in which an offence is triable are to be construed without regard to the effect, if any, of [F25 section 22 of the Magistrates’ Courts Act 1980] on the mode of trial in a particular case.

Textual Amendments

F24 Words inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), 170, Sch. 8 para. 16, Sch. 15 para. 59

F25 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 169(c)

[F26 Construction of certain references to relationships U.K.

Textual Amendments

F26 Entry 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, 6

In 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]]

Modifications etc. (not altering text)

C22 Paragraph excluded by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 831(4)

Yn ddilys o 01/04/2013

[F27 Construction of certain expressions relating to the police: Scotland U.K.

Textual Amendments

F27 Words in Sch. 1 inserted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 15(3)

In relation to Scotland—

(a) references to a police force include references to the Police Service of Scotland;

(b) references to a chief officer of police include references to the chief constable of the Police Service of Scotland;

(c) “police authority” means the Scottish Police Authority;

(d) the “police area” of the Police Service of Scotland is Scotland and references to a police force or police authority for any area include references to the Police Service of Scotland or, as the case may be, the Scottish Police Authority;

(e) references to a constable or chief constable of, or appointed for, any area are to be construed as references to a constable or, as the case may be, the chief constable of, or appointed for, the Police Service of Scotland.]

Sections 22, 23.

SCHEDULE 2 U.K. Application of Act to Existing Enactments

Part I U.K. Acts

1 The following provisions of this Act apply to Acts whenever passed:—

• Section 6(a) and (c) so far as applicable to enactments relating to offences punishable on indictment or on summary conviction

• Section 9

• Section 10

• Section 11 so far as it relates to subordinate legislation made after the year 1889

• Section 18

• Section 19(2).

2 U.K. The following apply to Acts passed after the year 1850:—

• Section 1

• Section 2

• Section 3

• Section 6(a) and (c) so far as not applicable to such Acts by virtue of paragraph 1

• Section 15

• Section 17(1).

3 U.K. The following apply to Acts passed after the year 1889:—

• Section 4

• Section 7

• Section 8

• Section 12

• Section 13

• Section 14 so far as it relates to rules, regulations or byelaws

• Section 16(1)

• Section 17(2)(a)

• Section 19(1)

• Section 20(1).

4 (1) Subject to the following provisions of this paragraph—

(a) paragraphs of Schedule 1 at the end of which a year or date . . . F28 is specified [F29 or described] apply, so far as applicable, to Acts passed on or after the date, or after the year, so specified [F29 or described]: and

(b) paragraphs of that Schedule at the end of which no year or date is specified [F29 or described] apply, so far as applicable, to Acts passed at any time.

(2) The definition of “British Islands", in its application to Acts passed after the establishment of the Irish Free State but before the commencement of this Act, includes the Republic of Ireland.

(3) The definition of “colony", in its application to an Act passed at any time before the commencement of this Act, includes—

(a) any colony within the meaning of section 18(3) of the M39 Interpretation Act 1889 which was excluded, but in relation only to Acts passed at a later time, by any enactment repealed by this Act;

(b) any country or territory which ceased after that time to be part of Her Majesty’s dominions but subject to a provision for the continuation of existing law as if it had not so ceased;

and paragraph (b) of the definition does not apply.

(4) The definition of “Lord Chancellor" does not apply to Acts passed before 1st October 1921 in which that expression was used in relation to Ireland only.

(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 the M40 National Health Service Reorganisation Act 1973 and the M41 Water Act 1973 as if they were passed after 1st April 1974.

Textual Amendments

F28 Words repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(2)(4), Sch. 2 para. 74, Sch. 3 paras. 1, 6, Sch. 4

F29 Words inserted by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(2), Sch. 2 para. 74, Sch. 3 paras. 1, 6

Marginal Citations

M39 1889 c. 63.

M40 1973 c. 32.

M41 1973 c. 37.

5 U.K. The following definitions shall be treated as included in Schedule 1 for the purposes specified in this paragraph—

(a) in any Act passed before 1st April 1974, a reference to England includes Berwick upon Tweed and Monmouthshire and, in the case of an Act passed before the M42 Welsh Language Act 1967, Wales;

(b) in any Act passed before the commencement of this Act and after the year 1850, “land” includes messuages, tenements and hereditaments, houses and buildings of any tenure;

(c) in any Act passed before the commencement of the M43 Criminal Procedure (Scotland) Act 1975, “the Summary Jurisdiction (Scotland) Acts” means Part II of that Act.

Marginal Citations

M42 1967 c. 66.

M43 1975 c. 21.

Part II U.K. Subordinate Legislation

6 Sections 4(a), 9 and 19(1), and so much of Schedule 1 as defines the following expressions, namely—

• F30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• England;

• Local land charges register and appropriate local land charges register;

• Police area (and related expressions) in relation to Scotland;

• United Kingdom;

• Wales,

apply to subordinate legislation made at any time before the commencement of this Act as they apply to Acts passed at that time.

Textual Amendments

F30 Words repealed by British Nationality Act 1981 (c. 61, SIF 87), s. 52(8), Sch. 9

7 U.K. The definition in Schedule 1 of “county court”, in relation to England and Wales, applies to Orders in Council made after the year 1846.

Section 25.

X2 SCHEDULE 3 U.K. ENACTMENTS REPEALED

Editorial Information

X2 The text of s. 25(1), Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any repeals or amendments which may have been made prior to 1.2.1991