Interpretation Act 1978 (c. 30)

SCHEDULES

Sections 22, 23.

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

Part I U.K. Acts

1 U.K. 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

• [F1 Section 14A]

• Section 18

• Section 19(2).

Textual Amendments

F1 Words in Sch. 2 para. 1 inserted (25.4.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 59(3), 103(1)(e)

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— U.K.

(a) paragraphs of Schedule 1 at the end of which a year or date F2 . . . is specified [F3 or described] apply, so far as applicable, to Acts passed on or after the date, or after the year, so specified [F3 or described]: and

(b) paragraphs of that Schedule at the end of which no year or date is specified [F3 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 M1 Interpretation Act 1889 which was excluded, but in relation only to Acts passed at a later time, by any enactment repealed by this Act;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 F4 . . . the M2 Water Act 1973 as if they were passed after 1st April 1974.

Textual Amendments

F2 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

F3 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

F4 Words in Sch. 2 Pt. I para. 4(6) repealed (1.4.1996) by 1995 c. 17, s. 5, Sch. 3 (with Sch. 2 paras. 6, 16)

Marginal Citations

M1 1889 c. 63.

M2 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 M3 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 M4 Criminal Procedure (Scotland) Act 1975, “the Summary Jurisdiction (Scotland) Acts” means Part II of that Act.

Marginal Citations

M3 1967 c. 66.

M4 1975 c. 21.

Part II U.K. Subordinate Legislation

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

• F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• England;

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

• [F6 in relation to Scotland, expressions relating to the police;]

• 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

F5 Words repealed by British Nationality Act 1981 (c. 61, SIF 87), s. 52(8), Sch. 9

F6 Words in Sch. 2 para. 6 substituted (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(4)

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.

[F7 8. U.K. The definition in Schedule 1 of “enactment”, in so far as it relates to retained direct EU legislation, applies to subordinate legislation made at any time before the commencement of this Act as it applies to Acts passed at that time.]

Textual Amendments

F7 Sch. 2 para. 8 inserted (31.12.2020) by The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 (S.I. 2020/1447), regs. 1(3), 2(5)