The Interpretation Act 1978[a] (c. 30) is an act of the Parliament of the United Kingdom. The act makes provision for the interpretation of acts of Parliament,[1] Measures of the General Synod of the Church of England, Measures of the Church Assembly,[2] subordinate legislation,[3] "deeds and other instruments and documents",[4] acts of the Scottish Parliament and instruments made thereunder (added 1998),[5] and Measures and acts of the National Assembly for Wales and instruments made thereunder.[6] 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, commencement, statutory powers and duties, the effect of repeals, and duplicated offences.
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The Interpretation Act (Northern Ireland) 1954[7] applies in the same way to Acts of the Parliament of Northern Ireland or Acts of the Northern Ireland Assembly.
Provisions
editSection 7
editSection 7 of the act, concerned with service of documents by post, replaced section 26 of the Interpretation Act 1889 (52 & 53 Vict. c. 63).[8] It states that
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.[9]
Interpretation of the words unless the contrary is proved is discussed in the case of Calladine-Smith v Saveorder Ltd, as to whether the "contrary" means the contrary of the allegation that the letter was properly addressed, prepaid and posted, or whether it refers to the contrary of the deeming provision that the letter in question was delivered in the ordinary course of post. In this particular case, a letter was shown to have been properly addressed, pre-paid and posted, but not received. On a balance of probabilities the court accepted that the "contrary" to the deemed provision had been proved, the letter was not received, and therefore the deemed provision could not hold.[10]
Section 16 – General savings
editSection 18 – Duplicated offences
editSection 18 of the act provides:
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.[11]
This section replaces section 33 of the Interpretation Act 1889 (52 & 53 Vict. c. 63).[12] Humphreys J. said that that section did not add anything to the common law, or detract anything from it.[13]
"... shall not be liable to be punished more than once for the same offence"
editThe words "same offence" at the end of section 18 of the act do not mean "same act" or "same cause". A person may be punished more than once for the same act.[14] Two prosecutions for a single false statement in a brochure is not oppressive.[15]
See also Williams v Hallam (1943) 112 LJKB 353, (1943) 59 TLR 287, (1943) 41 LGR 165.
Repealed enactments
editSection 25(1) of the act repealed 53 enactments, listed in schedule 3 to the act.[16]
| Citation | Short title | Extent of repeal |
|---|---|---|
| 20 Geo. 2. c. 42 | Wales and Berwick Act 1746 | The whole act. |
| 33 Geo. 3. c. 13 | Acts of Parliament (Commencement) Act 1793 | The words from "and to be the date " to the end. |
| 43 & 44 Vict. c. 9 | Statutes (Definition of Time) Act 1880 | The whole act. |
| 47 & 48 Vict. c. 62 | Revenue Act 1884 | In section 14, the second paragraph, that is the words from " Any reference " to " Exchequer and Audit Departments Act 1866" in the second place where that Act is referred to in the section. |
| 52 & 53 Vict. c. 63 | Interpretation Act 1889 | The whole act except paragraphs (4), (5) and (14) of section 13 in their application to Northern Ireland. |
| 53 & 54 Vict. c. 21 | Inland Revenue Regulation Act 1890 | In section 38(1), the words from "and" to " of this Act ". |
| 59 & 60 Vict. c. 14 | Short Titles Act 1896 | Section 3. |
| SR&O 1923/405 | Irish Free State (Consequential Adaptation of Enactments) Order 1923 | In the Schedule, the entry relating to the Interpretation Act 1889. |
| 15 & 16 Geo. 5. No. 1 | Interpretation Measure 1925 | Section 1. |
| 17 & 18 Geo. 5. c. 4 | Royal and Parliamentary Titles Act 1927 | In section 2(2) the words " Act passed and ". |
| 22 & 23 Geo. 5. c. 4 | Statute of Westminster 1931 | Section 11. |
| 11 & 12 Geo. 6. c. 7 | Ceylon Independence Act 1947 | Section 4(2). |
| 11 & 12 Geo. 6. c. 56 | British Nationality Act 1948 | In section 1(2) the words " other enactment or " and the words " passed or ". |
| 15 & 16 Geo. 6 & 1 Eliz. 2. c. 55 | Magistrates' Courts Act 1952 | In Schedule 5, the amendment of the Interpretation Act 1889. |
| 4 & 5 Eliz. 2. c. 76 | Medical Act 1956 | Section 52(3). |
| 5 & 6 Eliz. 2. c. 6 | Ghana Independence Act 1957 | Section 4(1). |
| 8 & 9 Eliz. 2. c. 55 | Nigeria Independence Act 1960 | Section 3(1). |
| 9 & 10 Eliz. 2. c. 16 | Sierra Leone Independence Act 1961 | Section 3(1). |
| 10 & 11 Eliz. 2. c. 1 | Tanganyika Independence Act 1961 | Section 3(1). |
| 10 & 11 Eliz. 2. c. 30 | Northern Ireland Act 1962 | Section 27. |
| 10 & 11 Eliz. 2. c. 40 | Jamaica Independence Act 1962 | Section 3(1). |
| 10 & 11 Eliz. 2. c. 54 | Trinidad and Tobago Independence Act 1962 | Section 3(1). |
| 10 & 11 Eliz. 2. c. 57 | Uganda Independence Act 1962 | Section 3(1). |
| 1963 c. 33 | London Government Act 1963 | In section 1, in subsection (1) the words " and any other " and in subsection (6) the words from " and section 15 " to " that is to say ". |
| 1963 c. 54 | Kenya Independence Act 1963 | Section 4(1). |
| 1964 c. 46 | Malawi Independence Act 1964 | Section 4(1). |
| 1964 c. 48 | Police Act 1964 | In section 62 the words from " and in any other enactment " to " this Act) ". |
| 1964 c. 86 | Malta Independence Act 1964 | Section 4(1). |
| 1964 c. 93 | Gambia Independence Act 1964 | Section 4(1). |
| 1966 c. 14 | Guyana Independence Act 1966 | Section 5(1). |
| 1966 c. 37 | Barbados Independence Act 1966 | Section 4(1). |
| 1967 c. 4 | West Indies Act 1967 | Section 3(5). |
| 1967 c. 66 | Welsh Language Act 1967 | Section 4. |
| 1967 c. 77 | Police (Scotland) Act 1967 | In section 50, the words from " and in any other enactment" to "this Act)"; and in section 51, in subsection (4), the words from " and in any other enactment " to " this Act)". |
| 1968 c. 8 | Mauritius Independence Act 1968 | Section 4(1). |
| 1968 c. 13 | National Loans Act 1968 | Section 1(6). |
| 1970 c. 10 | Income and Corporation Taxes Act 1970 | In section 526, in subsection (1) the words " and in any other Act"; and in subsection (2) the words " and in any Act passed after this Act." |
| 1970 c. 50 | Fiji Independence Act 1970 | Section 4(1). |
| 1971 c. 58 | Sheriff Courts (Scotland) Act 1971 | In section 4(3) the words from " (which" to " the said section 28 ". |
| 1972 c. 68 | European Communities Act 1972 | In section 1(2) the words from "and except " to " Northern Ireland) ". |
| 1972 c. 70 | Local Government Act 1972 | In section 269 the words from "in every Act "to " that date)" in the second place where those words occur. |
| 1973 c. 14 | Costs in Criminal Cases Act 1973 | In section 13(1) the words " and in any other enactment providing for the payment of costs out of central funds ". |
| 1973 c. 27 | Bahamas Independence Act 1973 | Section 4(1). |
| 1973 c. 32 | National Health Service Reorganisation Act 1973 | In section 55(2), the words from the beginning to " that date; and ". |
| 1973 c. 37 | Water Act 1973 | In section 2(3) the words " and any other enactment". |
| Section 38(2). | ||
| 1975 c. 21 | Criminal Procedure (Scotland) Act 1975 | In Schedule 9, paragraph 6. |
| 1975 c. 72 | Children Act 1975 | Section 89. |
| 1975 c. 76 | Local Land Charges Act 1975 | In section 4 the words " and any other statutory provision ". |
| 1976 c. 63 | Bail Act 1976 | In Schedule 2, the amendment of the Interpretation Act 1889. |
| 1977 c. 45 | Criminal Law Act 1977 | In section 64(1) the words from " and, unless " to " this Act)". |
| 1978 c. 12 | Medical Act 1978 | In Schedule 5, in paragraph 48 paragraph (b) and the word " and " immediately preceding that paragraph. |
| 1978 c. 15 | Solomon Islands Act 1978 | Section 7(1). |
| 1978 c. 20 | Tuvalu Act 1978 | Section 4(1). |
Notes
editReferences
edit- Halsbury's Statutes. Fourth Edition. 2008 Reissue. Volume 41. Page 796.
- Archbold Criminal Pleading, Evidence and Practice. 1999. Appendix A.
- Current Law Statutes Annotated 1978
- ↑ The Interpretation Act 1978, section 22(1)
- ↑ The Interpretation Act 1978, section 22(3)
- ↑ The Interpretation Act 1978, section 23(1)
- ↑ The Interpretation Act 1978, section 23(3)
- ↑ The Interpretation Act 1978, section 23A
- ↑ The Interpretation Act 1978, section 23B
- ↑ The Interpretation Act (Northern Ireland) 1954
- ↑ Archbold Criminal Pleading, Evidence and Practice, 1999, para 4-209
- ↑ "Interpretation Act 1978: Section 7", legislation.gov.uk, The National Archives, 1978 c. 30 (s. 7)
- ↑ Calladine-Smith v Saveorder Ltd [2011] EWHC 2501 (Ch), [2011] 44 EG 108 (5 July 2011), High Court (England and Wales)
- ↑ Copy of section 18 from Legislation.gov.uk
- ↑ Archbold Criminal Pleading, Evidence and Practice, 1999, para 4–123
- ↑ R v Thomas [1950] 1 KB 26 at 31 to 33, 33 Cr App R 200 at 204, CCA
- ↑ R v Thomas [1950] 1 KB 26, 33 Cr App R 200, [1949] 2 All ER 662, CCA
- ↑ R v Thomson Holidays Ltd [1974] QB 592, [1974] 2 WLR 371, [1974] 1 All ER 823, 58 Cr App R 429, CA
- ↑ "Interpretation Act 1978", legislation.gov.uk, The National Archives, 1978 c. 30
External links
edit- Text of the Interpretation Act 1978 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
- Text of the Interpretation Act 1978 as originally enacted or made within the United Kingdom, from legislation.gov.uk.
The full text of Interpretation Act 1978 at Wikisource- Hutton, Sir Noel THE BRITISH INTERPRETATION ACT.
