Interpretation Act 1978

Sections 22, 23.

SCHEDULE 2 Application of Act to Existing Enactments

PART I 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 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 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 earlier than the commencement of this Act is specified apply, so far as applicable, to Acts passed on or after the date, or after the year, so specified ; and

(b) paragraphs of that Schedule at the end of which no year or date is specified 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 [1889 c. 63.] Interpretation Act 1889 which was excluded, but in relation only to Acts passed at a later time, by any enactment repealed by this Act;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 [1973 c. 32.] National Health Service Reorganisation Act 1973 and the [1973 c. 37.] Water Act 1973 as if they were passed after 1st April 1974.

5 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 [1967 c. 66.] 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 [1975 c. 21.] Criminal Procedure (Scotland) Act 1975, "the Summary Jurisdiction (Scotland) Acts " means Part II of that Act.

PART II Subordinate Legislation

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

• British subject and Commonwealth citizen ;

• 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.

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