The Interpretation Act 1978 (c. 30) is an act of the Parliament of the United Kingdom. The act makes provision for the interpretation of acts of Parliament,The Interpretation Act 1978, section 22(1) Measures of the General Synod of the Church of England, Measures of the Church Assembly,The Interpretation Act 1978, section 22(3) subordinate legislation,The Interpretation Act 1978, section 23(1) "deeds and other instruments and documents",The Interpretation Act 1978, section 23(3) acts of the Scottish Parliament and instruments made thereunder (added 1998),The Interpretation Act 1978, section 23A and Measures and acts of the National Assembly for Wales and instruments made thereunder.The Interpretation Act 1978, section 23B 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.
The Interpretation Act (Northern Ireland) 1954The Interpretation Act (Northern Ireland) 1954 applies in the same way to Acts of the Parliament of Northern Ireland or Acts of the Northern Ireland Assembly.
Provisions Section 7 Section 7 of the act, concerned with service of documents by post, replaced section 26 of the Interpretation Act 1889 (52 & 53 Vict. c. 63).Archbold Criminal Pleading, Evidence and Practice, 1999, para 4-209 It states that
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.
Section 16 – General savings The following cases are relevant to this section: Hough v Windus (1884) 12 QBD 224, CA R v Fisher (Charles) 1 WLR 8, CA R v West London Stipendiary Magistrate, ex parte Simeon AC 234, HL
Section 18 – Duplicated offences Section 18 of the act provides:
This section replaces section 33 of the Interpretation Act 1889 (52 & 53 Vict. c. 63).Archbold Criminal Pleading, Evidence and Practice, 1999, para 4–123 Humphreys J. said that that section did not add anything to the common law, or detract anything from it.R v Thomas 1 KB 26 at 31 to 33, 33 Cr App R 200 at 204, CCA
"... shall not be liable to be punished more than once for the same offence"
The 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.R v Thomas 1 KB 26, 33 Cr App R 200, 2 All ER 662, CCA Two prosecutions for a single false statement in a brochure is not oppressive.R v Thomson Holidays Ltd QB 592, 2 WLR 371, 1 All ER 823, 58 Cr App R 429, CA
See also Williams v Hallam (1943) 112 LJKB 353, (1943) 59 TLR 287, (1943) 41 LGR 165.
Repealed enactments Section 25(1) of the act repealed 53 enactments, listed in schedule 3 to the act. CitationShort titleExtent of repeal20 Geo. 2. c. 42Wales and Berwick Act 1746The whole act.33 Geo. 3. c. 13Acts of Parliament (Commencement) Act 1793The words from "and to be the date " to the end.43 & 44 Vict. c. 9Statutes (Definition of Time) Act 1880The whole act.47 & 48 Vict. c. 62Revenue Act 1884In 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. 63Interpretation Act 1889The whole act except paragraphs (4), (5) and (14) of section 13 in their application to Northern Ireland.53 & 54 Vict. c. 21Inland Revenue Regulation Act 1890In section 38(1), the words from "and" to " of this Act ".59 & 60 Vict. c. 14Short Titles Act 1896Section 3.SR&O 1923/405Irish Free State (Consequential Adaptation of Enactments) Order 1923In the Schedule, the entry relating to the Interpretation Act 1889.15 & 16 Geo. 5. No. 1Interpretation Measure 1925Section 1.17 & 18 Geo. 5. c. 4Royal and Parliamentary Titles Act 1927In section 2(2) the words " Act passed and ".22 & 23 Geo. 5. c. 4Statute of Westminster 1931Section 11.11 & 12 Geo. 6. c. 7Ceylon Independence Act 1947Section 4(2).11 & 12 Geo. 6. c. 56British Nationality Act 1948In section 1(2) the words " other enactment or " and the words " passed or ".15 & 16 Geo. 6 & 1 Eliz. 2. c. 55Magistrates' Courts Act 1952In Schedule 5, the amendment of the Interpretation Act 1889.4 & 5 Eliz. 2. c. 76Medical Act 1956Section 52(3).5 & 6 Eliz. 2. c. 6Ghana Independence Act 1957Section 4(1).8 & 9 Eliz. 2. c. 55Nigeria Independence Act 1960Section 3(1).9 & 10 Eliz. 2. c. 16Sierra Leone Independence Act 1961Section 3(1).10 & 11 Eliz. 2. c. 1Tanganyika Independence Act 1961Section 3(1).10 & 11 Eliz. 2. c. 30Northern Ireland Act 1962Section 27.10 & 11 Eliz. 2. c. 40Jamaica Independence Act 1962Section 3(1).10 & 11 Eliz. 2. c. 54Trinidad and Tobago Independence Act 1962Section 3(1).10 & 11 Eliz. 2. c. 57Uganda Independence Act 1962Section 3(1).1963 c. 33London Government Act 1963In 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. 54Kenya Independence Act 1963Section 4(1).1964 c. 46Malawi Independence Act 1964Section 4(1).1964 c. 48Police Act 1964In section 62 the words from " and in any other enactment " to " this Act) ".1964 c. 86Malta Independence Act 1964Section 4(1).1964 c. 93Gambia Independence Act 1964Section 4(1).1966 c. 14Guyana Independence Act 1966Section 5(1).1966 c. 37Barbados Independence Act 1966Section 4(1).1967 c. 4West Indies Act 1967Section 3(5).1967 c. 66Welsh Language Act 1967Section 4.1967 c. 77Police (Scotland) Act 1967In 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. 8Mauritius Independence Act 1968Section 4(1).1968 c. 13National Loans Act 1968Section 1(6).1970 c. 10Income and Corporation Taxes Act 1970In 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. 50Fiji Independence Act 1970Section 4(1).1971 c. 58Sheriff Courts (Scotland) Act 1971In section 4(3) the words from " (which" to " the said section 28 ".1972 c. 68European Communities Act 1972In section 1(2) the words from "and except " to " Northern Ireland) ".1972 c. 70Local Government Act 1972In section 269 the words from "in every Act "to " that date)" in the second place where those words occur.1973 c. 14Costs in Criminal Cases Act 1973In section 13(1) the words " and in any other enactment providing for the payment of costs out of central funds ".1973 c. 27Bahamas Independence Act 1973Section 4(1).1973 c. 32National Health Service Reorganisation Act 1973In section 55(2), the words from the beginning to " that date; and ".1973 c. 37Water Act 1973In section 2(3) the words " and any other enactment".Section 38(2).1975 c. 21Criminal Procedure (Scotland) Act 1975In Schedule 9, paragraph 6.1975 c. 72Children Act 1975Section 89.1975 c. 76Local Land Charges Act 1975In section 4 the words " and any other statutory provision ".1976 c. 63Bail Act 1976In Schedule 2, the amendment of the Interpretation Act 1889.1977 c. 45Criminal Law Act 1977In section 64(1) the words from " and, unless " to " this Act)".1978 c. 12Medical Act 1978In Schedule 5, in paragraph 48 paragraph (b) and the word " and " immediately preceding that paragraph.1978 c. 15Solomon Islands Act 1978Section 7(1).1978 c. 20Tuvalu Act 1978Section 4(1).
Notes
References 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
External links
Sir Noel Hutton, The British Interpretation Act.