The Interpretation Act 1889 (52 & 53 Vict. c. 63) was an act of the Parliament of the United Kingdom that consolidated enactments relating to statutory construction and provided definitions to shorten the language used in acts of Parliament.
In Northern Ireland, Section 48(2) of the Interpretation Act (Northern Ireland) 1954 provided that without prejudice to 48(1) of that act, the Interpretation Act 1889 was to cease to apply to the interpretation of enactments. The whole act, except paragraphs (4), (5) and (14) of section 13 in their application to Northern Ireland, was repealed by section 25(1) of, and schedule 3 to, the Interpretation Act 1978.
In the Republic of Ireland, the application of the Interpretation Act 1889 was restricted to pre-1924 legislation by the Interpretation Act 1923,Section 18 of the Interpretation Act 1923. and repealed by the Interpretation Act 2005.Section 3(1)(a) of the Interpretation Act 2005.
Background In the United Kingdom, acts of Parliament remain in force until expressly repealed. Blackstone's Commentaries on the Laws of England, published in the late 18th-century, raised questions about the system and structure of the common law and the poor drafting and disorder of the existing statute book.
In 1806, the Commission on Public Records passed a resolution requesting the production of a report on the best mode of reducing the volume of the statute book. From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts. In 1816, both Houses of Parliament, passed resolutions that an eminent lawyer with 20 clerks be commissioned to make a digest of the statutes, which was declared "very expedient to be done." However, this was never done.
In 1850, the Interpretation Act 1850 (13 & 14 Vict. c. 21) was passed, which consolidated previous acts of parliament relating to statutory construction and simplify the language used in acts of parliament.
At the start of the parliamentary session in 1853, Lord Cranworth announced his intention to the improvement of the statute law and in March 1853, appointed the Board for the Revision of the Statute Law to repeal expired statutes and continue consolidation, with a wider remit that included civil law. The Board issued three reports, recommending the creation of a permanent body for statute law reform.
In 1854, Lord Cranworth appointed the Royal Commission for Consolidating the Statute Law to consolidate existing statutes and enactments of English law. The Commission made four reports. Recommendations made by the Commission were implemented by the Repeal of Obsolete Statutes Act 1856 (19 & 20 Vict. c. 64).
On 17 February 1860, the Attorney General, Sir Richard Bethell told the House of Commons that he had engaged Sir Francis Reilly and A. J. Wood to expurgate the statute book of all acts which, though not expressly repealed, were not in force, working backward from the present time. From 1860 to 1889, Statute Law Revision Acts were passed to repeal enactments which had ceased to be in force or had become necessary, substantially reducing the volume of the statute book.
Passage The bill had its first reading in the House of Lords on 27 May 1889, introduced by the Lord Chancellor, Hardinge Giffard, 1st Baron Halsbury. The bill had its second reading in the House of Lords on 24 June 1889 and was committed to the Standing Committee for Bills relating to Law, &c. which met and reported on 27 June 1889, with amendments. The amended bill was committed to a Committee of the Whole House, which met and reported on 23 July 1889, without amendments. The amended bill had its third reading in the House of Lords on 26 July 1889 and passed, without amendments.
The bill in the House of Commons on 3 August 1889. The bill had its first reading in the House of Commons on 1 May 1889, presented by George Howell . The bill had its second reading in the House of Commons on 14 August 1889, and was unopposed by the government. The bill was committed to a Committee of the Whole House, which met on 24 August 1889 and reported on 26 August 1889, with amendments. The amended bill had its third reading in the House of Commons on 26 August 1889 and passed, with amendments.
The amended bill was considered and agreed to by the House of Lords on 27 August 1889.
The bill was granted royal assent on 30 August 1889.
Subsequent developments Section 41 and the schedule were repealed by section 1 of, and the schedule to, the Statute Law Revision Act 1908 (8 Edw. 7. c. 49).
Without prejudice to section 17(2)(a) of the Interpretation Act 1978, a reference to the Interpretation Act 1889 or to any provision of that act, whether occurring in another act, in subordinate legislation, in Northern Ireland legislation or in any deed or other instrument or document, must be construed as referring to the Interpretation Act 1978, or to the corresponding provision of the Interpretation Act 1978, as it applies to Acts passed at the time of the reference.
The Interpretation Act 1889, except section 5 thereof (which related to the meaning of "parish") applied to the Interpretation Measure 1925, and to all measures passed by the Church Assembly after that measure, in like manner as it applied to an act of Parliament, and as if that measure and those measures were acts of Parliament.The Interpretation Measure 1925 (15 & 16 Geo. 5. No. 1), section 1 (repealed by the Interpretation Act 1978)
The whole act was repealed by section 25(1) of, and schedule 3 to, the Interpretation Act 1978, which came into force on 1 January 1979. The act implemented recommendations by the Law Commission.
Provisions
Re-enactment of existing Rules
Section 1 Section 1 of the act provided that for all acts passed after 1850, unless the contrary intention appears:
Words importing the masculine gender be deemed and taken to include females, unless expressly provided The singular be deemed to include the plural and the plural to include the singular, unless expressly provided. The same rules shall be observed in the construction of every enactment relating to an offence punishable on indictment or on summary conviction. This reflected section 4 of Interpretation Act 1850 (13 & 14 Vict. c. 21).
Section 1(1) of the act was updated in the Interpretation Act 1978 to work operate both ways.
Section 2 Section 2(2) of the act provided that the word "person" should include body corporates unless the contrary intention appears and that penalties are also able to be paid to body corporates.
Section 3 Section 3 of the act provided definitions of words in all acts passed after 1850, unless the contrary intention appears: Expression Provision "month" shall mean calendar month. "land" shall include messuages, tenements, and hereditaments, houses, and buildings of any tenure. "oath" and "affidavit" shall, in the case of persons for the time being allowed by law to affirm or declare instead of swearing, include affirmation and declaration, and the expression "swear" shall, in the like case, include affirm and declare. This section reflected section 4 of the Interpretation Act 1850 (13 & 14 Vict. c. 21).
Section 3 was updated in the Interpretation Act 1978 to be appropriate for Scotland and reflect modern definitions of land, including in the Town and Country Planning Act 1971, Town and Country Planning (Scotland) Act 1972 and the Community Land Act 1975, which covered buildings and structures, lakes, rivers and foreshore, particular estates or interests in land and easements (servitudes in Scotland) and other rights over and in land.
Section 4 Section 4 of the act provided that for all acts passed after 1850, the word "county" shall be construed as including a "county of a city and a county of a town", unless the contrary intention appears.
Section 5 Section 5 of the act provided that for all acts passed after 1850, the word "parish" as respects England and Wales shall mean a "place for which a poor rate is or can be made, or for which a separate overseer is or can be appointed", unless the contrary intention appears.
Section 5 of the act was repealed by section 69(1) of, and schedule 8 to, the Rating and Valuation Act 1925 (15 & 16 Geo. 5. c. 90), as to England and Wales, except as to the administrative county of London and Isles of Scilly (ss. 70(1) and (2)).
This section was repealed as to the Isles of Scilly by the Isles of Scilly Order 1927 (SR&O 1927/59), p. 1500.
Section 6 Section 6 of the act provided that for all acts or orders of council after 1850, the word "county court" as respects England and Wales shall mean a court under the County Courts Act 1888 (51 & 52 Vict. c. 43), unless the contrary intention appears.
Section 7 Section 7 of the act provided that for all acts relating to Scotland, unless the contrary intention appears: Expression Provision "sheriff clerk" shall include steward clerk. "shire," "sheriffdom," and "county" shall include any stewartry in Scotland.
Section 8 Section 8 of the act provided that every section of an act shall have effect as a substantive enactment without introductory words.
This reflected section 2 of Interpretation Act 1850 (13 & 14 Vict. c. 21). Previously, many acts of parliament, including this act, would prefix each section with a clause such as "And be it further enacted", "provided always" or "Provided always and it be enacted."
Section 9 Section 9 of the act provided that all acts passed after 1850 shall is a public act to be judicially noticed as such, unless the contrary intention appears.
This reflected section 7 of Interpretation Act 1850 (13 & 14 Vict. c. 21).
Section 10 Section 10 of the act provided that any act may be altered, amended or repealed in the same session of parliament.
This reflected section 2 of Interpretation Act 1850 (13 & 14 Vict. c. 21). Previously, most acts of parliament would included a clause providing that "This Act may be amended or repealed in the present session of Parliament". This was thought to be necessary because all acts of a session were passed simultaneously on the first day of that session until 1793, and the House of Commons had a rule by which decisions of the whole house could not be reversed in the same session.
Section 11 Section 11 of the act provided that where an act passed after 1850 repeals a repealing enactment, it shall not revive any enactments, unless words are added reviving that enactment. Section 11 of the act also provided that where an act passed after 1850 substitutes provisions for an enactment, the repealed enactment shall remain in force until the substituted provisions come into operation.
Section 11(1) reflected section 5 of Interpretation Act 1850 (13 & 14 Vict. c. 21). Under common law, once an act was repealed it was treated as if it had never been treated, with the exception of acts past and closed.
Section 11(2) reflected section 6 of Interpretation Act 1850 (13 & 14 Vict. c. 21). This was designed to save words in the commencement section, but has little relevance to modern legislation in which repeals are synchronised with replacements.
New general rules of construction
Section 12 Section 12 of the act provided official definitions of all past and future acts, unless the contrary intention appears.