The Interpretation Act 1978 is an
Act of the
Parliament of the United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
. The Act makes provision for the
interpretation of Acts of Parliament, Measures of the
General Synod of the Church of England
The General Synod is the tricameral deliberative and legislative organ of the Church of England. The synod was instituted in 1970, replacing the Church Assembly, and is the culmination of a process of rediscovering self-government for the Church ...
, Measures of the
Church Assembly
The General Synod is the tricameral deliberative and legislative organ of the Church of England. The synod was instituted in 1970, replacing the Church Assembly, and is the culmination of a process of rediscovering self-government for the Church ...
,
subordinate legislation
Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislative and executive branches of governments in representative democr ...
, "deeds and other instruments and documents," Acts of the
Scottish Parliament
The Scottish Parliament ( gd, Pàrlamaid na h-Alba ; sco, Scots Pairlament) is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyro ...
and instruments made thereunder (added 1998), and Measures and Acts of the
National Assembly for Wales
The Senedd (; ), officially known as the Welsh Parliament in English and () in Welsh, is the devolved, unicameral legislature of Wales. A democratically elected body, it makes laws for Wales, agrees certain taxes and scrutinises the Welsh Go ...
and instruments made thereunder. The Act makes provision in relation to: the construction of certain words and phrases,
words of enactment, amendment or repeal of Acts in the Session they were passed,
judicial notice
Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well-known, or so authoritatively attested, that it cannot reasonably be doubted. This is done upon the ...
, commencement, statutory powers and duties, the effect of repeals, and duplicated offences.
The Act repealed the whole of the
Interpretation Act 1889
The Interpretation Act 1889 (52 & 53 Vict c 63) was an Act of the Parliament of the United Kingdom.
In Northern IrelandSection 48(2)of the Interpretation Act (Northern Ireland) 1954 provided that without prejudice to 48(1) of that Act, the Inte ...
, except for sections 13(4) and 13(5) and 13(14) in their application to
Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
.
The
Interpretation Act (Northern Ireland) 1954
The Interpretation Act (Northern Ireland) 1954 (c 33) (NI) is an Act of the Parliament of Northern Ireland. It replaces the Interpretation Act 1889 for Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster Scot ...
applies in the same way to Acts of the
Parliament of Northern Ireland
The Parliament of Northern Ireland was the home rule legislature of Northern Ireland, created under the Government of Ireland Act 1920, which sat from 7 June 1921 to 30 March 1972, when it was suspended because of its inability to restore ord ...
or an
Act of the
Northern Ireland Assembly
sco-ulster, Norlin Airlan Assemblie
, legislature = 7th Northern Ireland Assembly, Seventh Assembly
, coa_pic = File:NI_Assembly.svg
, coa_res = 250px
, house_type = Unicameralism, Unicameral
, hou ...
.
The Interpretation Act 1978 applies to itself and to any Act passed after the commencement of the Act (section 22) and, to the extent specified i
Part Iof Schedule 2, to Acts passed before the commencement of the Act.
The Interpretation Act 1978 binds the Crown.
Section 4
This section replaces the corresponding provision of the
Acts of Parliament (Commencement) Act 1793
The Acts of Parliament (Commencement) Act 1793 (33 Geo. 3 c. 13) is an Act of the Parliament of the Kingdom of Great Britain which requires that the clerk of the Parliaments endorse every act of Parliament with the date on which the act passed a ...
. See
Coming into force
In law, coming into force or entry into force (also called commencement) is the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect. The term is closely related to the date of this ...
.
Section 5
Section 5 and Schedule 1 provide definitions of certain words and phrases.
Section 6
Unless it is clear there is a contrary intention, wherever in any
Act of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...
or
Statutory Instrument
In many countries, a statutory instrument is a form of delegated legislation.
United Kingdom
Statutory instruments are the principal form of delegated or secondary legislation in the United Kingdom.
National government
Statutory instrument ...
there are words importing the masculine gender, the words should be construed to incorporate the feminine and vice versa. Also, words in the singular include the plural, and as with the interchangeability of words importing gender so it is with the plural and singular.
Section 7
This section replaces section 26 of the
Interpretation Act 1889
The Interpretation Act 1889 (52 & 53 Vict c 63) was an Act of the Parliament of the United Kingdom.
In Northern IrelandSection 48(2)of the Interpretation Act (Northern Ireland) 1954 provided that without prejudice to 48(1) of that Act, the Inte ...
.
Section 8
Section 8 specifies that, in general, a measurement of
distance
Distance is a numerical or occasionally qualitative measurement of how far apart objects or points are. In physics or everyday usage, distance may refer to a physical length or an estimation based on other criteria (e.g. "two counties over"). ...
refers to measurement in a straight
line on a
horizontal plane
In astronomy, geography, and related sciences and contexts, a '' direction'' or ''plane'' passing by a given point is said to be vertical if it contains the local gravity direction at that point.
Conversely, a direction or plane is said to be hor ...
.
Section 16 – General savings
The following cases are relevant to this section:
*''Hough v Windus'' (1884) 12 QBD 224, CA
*''R v Fisher (Charles)''
969
Year 969 ( CMLXIX) was a common year starting on Friday (link will display the full calendar) of the Julian calendar, the 969th year of the Common Era (CE) and ''Anno Domini'' (AD) designations, the 969th year of the 1st millennium, the 69th ...
1
WLR 8,
CA
*''R v West London Stipendiary Magistrate, ex parte Simeon''
983
Year 983 ( CMLXXXIII) was a common year starting on Monday (link will display the full calendar) of the Julian calendar.
Events
By place
Europe
* Summer – Diet of Verona: Emperor Otto II (the Red) declares war against the Byza ...
AC 234,
HL
Section 18 – Duplicated offences
Section 18 provides:
This section replaces section 33 of the
Interpretation Act 1889
The Interpretation Act 1889 (52 & 53 Vict c 63) was an Act of the Parliament of the United Kingdom.
In Northern IrelandSection 48(2)of the Interpretation Act (Northern Ireland) 1954 provided that without prejudice to 48(1) of that Act, the Inte ...
. Humphreys J. said that that section did not add anything to the
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
, or detract anything from it.
"... shall not be liable to be punished more than once for the same offence"
The words "same offence" at the end of section 18 do not mean "same act" or "same cause". A person may be punished more than once for the same act. Two prosecutions for a single false statement in a brochure is not oppressive.
See also ''Williams v Hallam'' (1943) 112 LJKB 353, (1943) 59 TLR 287, (1943) 41 LGR 165.
"Act"
The word "Act" means
Act of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...
. It includes a local and personal or private Act.
A reference to an Act in this section is a reference to an Act to which this section applies.
This section applies to Acts whenever passed. It applies to Measures of the General Synod of the Church of England, and, so far as it relates to Acts passed before 1 January 1979, to measures of the Church Assembly passed after 28 May 1925, as it applies to Acts. It applies to an Act of the
Scottish Parliament
The Scottish Parliament ( gd, Pàrlamaid na h-Alba ; sco, Scots Pairlament) is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyro ...
as it applies to an "Act".
[The Interpretation Act 1978, section 23A(2)(a) (as inserted by the ]Scotland Act 1998
The Scotland Act 1998 (c. 46) is an Act of the Parliament of the United Kingdom which legislated for the establishment of the devolved Scottish Parliament with tax varying powers and the Scottish Government (then Scottish Executive). It was on ...
, section 125 and Schedule 8, paragraph 16(2))
For the application of this section to subordinate legislation, see section 23. And see also section 23A(2)(b).
Section 19
For section 19(1), see
Citation of United Kingdom legislation#Interpretation of citations by year, statute, session, chapter, number or letter
Section 23A
This section was inserted by section 125 of, an
paragraph 16(2)of Schedule 8 to, the
Scotland Act 1998
The Scotland Act 1998 (c. 46) is an Act of the Parliament of the United Kingdom which legislated for the establishment of the devolved Scottish Parliament with tax varying powers and the Scottish Government (then Scottish Executive). It was on ...
.
See also
*
Interpretation Act
Interpretation Act (with its variations) is a stock short title used for legislation in Australia, Canada, Hong Kong, Malaysia, New Zealand, the Republic of Ireland, Singapore and the United Kingdom relating to interpretation of legislation. The Bi ...
References
*
Halsbury's Statutes
''Halsbury's Statutes of England and Wales'' (commonly referred to as ''Halsbury's Statutes'') provides updated texts of every Public General Act of the Parliament of the United Kingdom, Measure of the Welsh Assembly, or Church of England Measur ...
. Fourth Edition. 2008 Reissue. Volume 41. Page 796.
*Archbold Criminal Pleading, Evidence and Practice. 1999. Appendix A.
*Current Law Statutes Annotated 1978
External links
*
The Interpretation Act 1978 as amended from the
National Archives.
The Interpretation Act 1978 as originally enacted from the
National Archives.
{{UK legislation
1978 in law
United Kingdom Acts of Parliament 1978