Interpretation Act 1978
Status: Amended | |
---|---|
Text of statute as originally enacted | |
Revised text of statute as amended | |
Text of the Interpretation Act 1978 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. |
The Interpretation Act 1978
The Act repealed the whole of the Interpretation Act 1889, except for sections 13(4) and 13(5) and 13(14) in their application to Northern Ireland.[9]
The
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 in Part I of Schedule 2, to Acts passed before the commencement of the Act.
The Interpretation Act 1978 binds the Crown.[11]
Section 4
This section replaces the corresponding provision of the
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
Section 7
This section, concerned with
Section 8
Section 8 specifies that, in general, a measurement of
Section 16 – General savings
The following cases are relevant to this section:
- Hough v Windus (1884) 12 QBD 224, CA
- R v Fisher (Charles) [1969] 1 CA
- R v West London Stipendiary Magistrate, ex parte Simeon [1983] AC 234, HL
Section 18 – Duplicated offences
Section 18 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.[17]
This section replaces section 33 of the Interpretation Act 1889.[18] Humphreys J. said that that section did not add anything to the common law, or detract anything from it.[19]
"... 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.[20] Two prosecutions for a single false statement in a brochure is not oppressive.[21]
See also Williams v Hallam (1943) 112 LJKB 353, (1943) 59 TLR 287, (1943) 41 LGR 165.
"Act"
The word "Act" means
A reference to an Act in this section is a reference to an Act to which this section applies.[11]
This section applies to Acts whenever passed.[24] 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.[25] It applies to an Act of the Scottish Parliament as it applies to an "Act".[26]
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, and paragraph 16(2) of Schedule 8 to, the Scotland Act 1998.
See also
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
- ^ short title is authorised by section 27of this Act.
- ^ The Interpretation Act 1978, section 26.
- ^ 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 1978, section 25 and Schedule 3
- ^ The Interpretation Act (Northern Ireland) 1954
- ^ a b The Interpretation Act 1978, section 21(2)
- ^ The Interpretation Act, section 6
- ^ Archbold Criminal Pleading, Evidence and Practice, 1999, para 4-209
- ^ Interpretation Act 1978, section 7
- ^ Morgan, J in England and Wales High Court (Chancery Division) decision, Calladine-Smith v Saveorder Ltd. [2011] EWHC 2501 (Ch), delivered 5 July 2011, accessed 21 June 2023
- ^ The Interpretation Act, section 8
- ^ 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
- CA
- ^ The Interpretation Act 1978, sections 5 and 22(1) and Schedule 1 (as amended by the Scotland Act 1998, section 125 and Schedule 8, paragraph 16(3))
- ^ The Interpretation Act 1978, section 21(1)
- ^ The Interpretation Act 1978, section 22(1) and Schedule 2, Part I, paragraph 1
- ^ The Interpretation Act 1978, sections 22(3) and 26
- ^ The Interpretation Act 1978, section 23A(2)(a) (as inserted by the Scotland Act 1998, section 125 and Schedule 8, paragraph 16(2))
External links
- The full text of Interpretation Act 1978 at Wikisource
- The Interpretation Act 1978, as amended from the National Archives.
- The Interpretation Act 1978, as originally enacted from the National Archives.