Interpretation Act 1978
1978 c.30
Act modified (E.W.S.) by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 144, Sch. 10 para. 19
Act: definition of "subordinate legislation" applied (E.W.) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 219(1), 223(2) (with ss. 82(3), 186(1), 222(1), Sch. 13 paras. 1, 2, Sch. 14 para. 6)
Act: definition of "subordinate legislation" applied (E.W.) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 221(1), 225(1)
Act applied (1.4.1995) by S.R. 1995/71, arts. 1(1)(a), 2(2)
Act applied (with modifications) (27.9.1999) by S.I. 1999/2453, reg. 3
Act applied (1.1.2001) by S.I. 2000/2047, rule 2(2)
Act applied (1.7.2001) by S.I. 2000/2048, rules 1, 2(2); Instrument dated 21.6.2001 made by the Archbishops of Canterbury and York
Act applied (27.9.2001) by S.I. 2001/3057, Sch. para. 5(2)
Act applied (1.6.2004) by The Veterinary Surgeons and Veterinary Practitioners (Disciplinary Committee) (Procedure and Evidence) Rules Order of Council 2004 (S.I. 2004/1680), art. 2, Sch. rule 2.3
Act applied (6.4.2005) by The Armed Forces Pension Scheme Order 2005 (S.I. 2005/438), arts. 1, 2, Sch. 1 rule A.1(3)
Act applied in part (1.3.2007) by The Social Security Investigation Powers (Arrangements with Northern Ireland) Regulations 2007 (S.I. 2007/271), reg. 3(1), Sch. 1 para. 5
Act applied (26.11.2008) by Pensions Act 2008 (c. 30), ss. 73(1), 149(2)(a)
General provisions as to enactment and operation
1 Words of enactment.
Every section of an Act takes effect as a substantive enactment without introductory words.
2 Amendment or repeal in same Session.
Any Act may be amended or repealed in the Session of Parliament in which it is passed.
3 Judicial notice.
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.
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
5 Definitions.
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.
In any Act, unless the contrary intention appears,—
C6a
words importing the masculine gender include the feminine;
c
words in the singular include the plural and words in the plural include the singular.
C9C107 References to service by post.
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.
8 References to distance.
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.
Subject to section 3 of the M1Summer 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.
10 References to the Sovereign.
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.
C11C12C13C14C15C1611 Construction of subordinate legislation.
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.
Statutory powers and duties
12 Continuity of powers and duties.
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.
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.
C17C18C1914 Implied power to amend.
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.
14AF1Power to include sunset and review provisions in subordinate legislation
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.
Repealing enactments
15 Repeal of repeal.
Where an Act repeals a repealing enactment, the repeal does not revive any enactment previously repealed unless words are added reviving it.
C20C2116 General savings.
C22C23C24C25C26C27C28C29C301
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.
C31C32C3317 Repeal and re-enactment.
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.
C34C35C362
Where an Act repeals and re-enacts, with or without modification, a previous enactment then, unless the contrary intention appears,—
C37a
any reference in any other enactment to the enactment so repealed shall be construed as a reference to the provision re-enacted;
C38b
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.
Miscellaneous
18 Duplicated offences.
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.
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.
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.
C39C402
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.
F220AReferences to Community instruments
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.
Supplementary
21 Interpretation etc.
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.
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.
C411
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.
C412
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.
C423
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
23AF3 Acts of the Scottish Parliament etc.
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.
23BF7Measures and Acts of the National Assembly for Wales etc.
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.
24 Application to Northern Ireland. C43
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
4
The following definitions contained in Schedule 1, namely those of—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
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 M6Northern Ireland (Temporary Provisions) Act 1972;
F6d
Measures of the Northern Ireland Assembly established under section 1 of the M7Northern Ireland Assembly Act 1973;
e
Orders in Council under Schedule 1 to the M8Northern Ireland Act 1974;
f
Acts of the Northern Ireland Assembly; and
g
Orders in Council under section 85 of the Northern Ireland Act 1998.
25 Repeals and savings.
X11
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 M9Interpretation 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.
26 Commencement.
This Act shall come into force on 1st January 1979.
27 Short title.
This Act may be cited as the Interpretation Act 1978.
SCHEDULES
C45SCHEDULE 1 Words and Expressions Defined
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
In Sch. 1 definition of "Act" inserted (1.7.1999) by 1998 c. 46, s. 125, Sch. 8 para. 16(3) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2
Entry repealed by British Nationality Act 1981 (c. 61, SIF 87), s. 52(8), Sch. 9
Words substituted by Building Act 1984 (c. 55, SIF 15), s. 133(1), Sch. 6 para. 19
Words in definition of "Charity Commissioners" in Sch. 1 substituted (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1), Sch. 6 para. 15
Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 169(a)
Words substituted by S.I. 1981/1675 (N.I. 26), s. 170(2), Sch. 6 para. 56(a)
In Sch. 1 in paragraph (b) of definition of "committed for trial" words repealed (1.4.2005) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 86, 87, Sch. 13; S.R. 2005/109, art. 2, Sch.
Definition substituted by Finance Act 1987 (c. 16, SIF 63:1), ss. 2(8), 71, Sch. 15 para. 12
Words substituted by County Courts Act 1984 (c. 28, SIF 34), s. 148(1), Sch. 2 Pt. V para. 68
Words substituted by S.I. 1980/397 (N.I. 3), Sch. 1 Pt. II
In Sch. 1 definition of "enactment" inserted (1.7.1999) by 1998 c. 46, s. 125, Sch. 8 para. 16(3) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2
In Sch. 1 definition of "Her Majesty's Revenue and Customs" inserted (7.4.2005 at 5.45 p.m.) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 4(3), 53; S.I. 2005/1126, art. 2
Sch 1: words in definition of "London borough" inserted (31.10.1992) by Local Government Act 1992 (c. 19), s. 27(1), Sch. 3 para. 21; S.I. 1992/2371, art. 2
Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 169(b)
Words substituted by S.I. 1981/1675 (N.I. 26), s. 170(2), Sch. 6 para. 56(b)
In Sch. 1 definition of "Officer of Revenue and Customs" inserted (7.4.2005 at 5.45 p.m.) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 2(7), 53; S.I. 2005/1126, art. 2
In Sch. 1 definitions of "PAYE income" and "PAYE regulations" inserted (6.4.2003 with effect as mentioned in s. 723(1)(a)(b) of amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), ss. 722, 723, Sch. 6 Pt. 2 para. 148 (subject to Sch. 7)
In Sch. 1 in definition of "police area" words substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 32
Sch. 1: definitions of "Police Service of Northern Ireland" and "Police Service of Northern Ireland Reserve" inserted (4.11.2001) by 2000 c. 32, s. 74, Sch. 6, para. 5; S.R. 2001/396, art. 2, Sch.
Sch. 1: definition of "registered" substituted by S.I. 2002/253, art. 54, Sch. 5 para. 7 (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I.)
Sch. 1: words in definition of "Registered" substituted (1.8.2004) by The Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 (S.I. 2004/1771), arts. 1(2), 3, Sch. para. 7
Sch. 1: definition of "registered medical practitioner" substituted by S.I. 2002/3135, art. 16(1), Sch. 1 para. 10 (with transitional provisions in Sch. 2) (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I.)
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
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)
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)
Definition substituted by Finance Act 1987 (c. 16, SIF 63:1), ss. 2(8), 71, Sch. 15 para. 12
In Sch. 1 definitions of "trust of land" and "trustees of land" inserted (E.W.) (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 16 (with ss. 24(2), 25(4)(5)); S.I. 1996/2974, art. 2
Definition of "Wales" in Sch. 1 substituted (3.4.1995) by 1994 c. 19, s. 1(3), Sch. 2 para. 9 (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1995/852, art. 3, Sch. 1
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
1947 C.A.M. No. 2.
F8“Act” means an Act of Parliament.
“Associated state” means a territory maintaining a status of association with the United Kingdom in accordance with the M10West 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]
F9“British overseas territory” has the same meaning as in the British Nationality Act 1981;
“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]
F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“Building regulations”, in relation to England and Wales, F11has 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 F47section 1 of the Charities Act 1993.
“Church Commissioners” means the Commissioners constituted by the M11Church 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]
- a
“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 F12section 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 F13Article 37 of the Magistrates’ Courts (Northern Ireland) Order 1981, or by a court, judge, resident magistrate F14. . . or other authority having power to do so, with a view to trial on indictment. [1st January 1979]
- a
“The Communities”, “the Treaties” or “the Community Treaties” and other expressions defined by section 1 of and Schedule 1 to the M12European 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 M37Exchequer 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 M13Consular Relations Act 1968.
F15 “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—
“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.
- a
“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—
“Crown Estate Commissioners” means the Commissioners referred to in section 1 of the M16Crown Estate Act 1961.
F18“Enactment” does not include an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
“England” means, subject to any alteration of boundaries under Part IV of the M17Local 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]
F19“Her Majesty’s Revenue and Customs” has the meaning given by section 4 of the Commissioners for Revenue and Customs Act 2005.
“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.
- a
“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 M18Lands Clauses Consolidation Act 1845 and the M19Lands 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 M20Lands Clauses Consolidation (Scotland) Act 1845 and the M21Lands 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 M22Interpretation Act Northern Ireland) 1954. [1889]
- a
“Local land charges register”, in relation to England and Wales, means a register kept pursuant to section 3 of the M23Local 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 M24London 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 M25Local Government Act 1972 F46or Part II of the Local Government Act 1992.
“Lord Chancellor” means the Lord High Chancellor of Great Britain.
“Magistrates’ court” has the meaning assigned to it—
“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.
F22“Officer of Revenue and Customs” has the meaning given by section 2(1) of the Commissioners for Revenue and Customs Act 2005.
“Ordnance Map” means a map made under powers conferred by the M26Ordnance Survey Act 1841 or the M27Boundary Survey (Ireland) Act 1854.
“Parliamentary Election” means the election of a Member to serve in Parliament for a constituency. [1889]
F23“PAYE income” has the meaning given by section 683 of the Income Tax (Earnings and Pensions) Act 2003.
“PAYE regulations” means regulations under section 684 of that Act.
“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—
F25“Police Service of Northern Ireland” and “Police Service of Northern Ireland Reserve” have the same meaning as in the Police (Northern Ireland) Act 2000;
“The Privy Council” means the Lords and others of Her Majesty’s Most Honourable Privy Council.
F26“Registered” in relation to nurses and midwives, means registered in the register maintained under article 5 of the F27Nursing and Midwifery Order 2001 by virtue of qualifications in nursing or midwifery, as the case may be.
F28“Registered medical practitioner” means a fully registered person within the meaning of the Medical Act 1983 who holds a licence to practise under that Act.
“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.
F29“Sewerage undertaker”, in relation to England and Wales, shall be construed in accordance with section 6 of the Water Industry Act 1991.
“Sheriff”, in relation to Scotland, includes sheriff principal. [1889]
F30“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 M28Criminal Justice Act 1982;
- b
in relation to Scotland, has the meaning given by section 225(1) of the Criminal Procedure (Scotland) Act 1995;
- c
in relation to Northern Ireland, has the meaning given by Article 5 of the M29Fines and Penalties (Northern Ireland) Order 1984.
- a
“Statutory declaration” means a declaration made by virtue of the M30Statutory Declarations Act 1835.
F31“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 M31Magistrates’ Courts Act 1980;
- b
in relation to Scotland, means the prescribed sum within the meaning of section 225(8) of the Criminal Procedure (Scotland) Act 1995; 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.
- a
“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.
- a
F32“The Tax Acts” means the Income Tax Acts and the Corporation Tax Acts.
“The Treasury” means the Commissioners of Her Majesty’s Treasury.
F33“Trust of land” and “trustees of land”, in relation to England and Wales, have the same meanings as in the Trusts of Land and Appointment of Trustees Act 1996.
“United Kingdom” means Great Britain and Northern Ireland. [12th April 1927]
F34“Wales” means the combined area of the counties which were created by section 20 of the M32Local Government Act 1972, as originally enacted, but subject to any alteration made under section 73 of that Act (consequential alteration of boundary following alteration of watercourse).
F35“Water undertaker”, in relation to England and Wales, shall be construed in accordance with section 6 of the Water Industry Act 1991.
“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.
F37 . . .
Entry repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15 (Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Construction of certain expressions relating to offences
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 F38, 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 F39section 22 of the Magistrates’ Courts Act 1980 on the mode of trial in a particular case.
F40 Construction of certain references to relationships
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
C44In 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]
F41Construction of certain expressions relating to the police: Scotland
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.
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
b
paragraphs of that Schedule at the end of which no year or date is specified F43or 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 M33Interpretation 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
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 M35Welsh 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 M36Criminal 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—
F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
X2SCHEDULE 3 ENACTMENTS REPEALED
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
Act wholly in force at 1.1.1979, see s. 26