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This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.
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An Act to consolidate the Interpretation Act 1889 and certain other enactments relating to the construction and operation of Acts of Parliament and other instruments, with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.
[20th July 1978]
C1Act modified (E.W.S.) by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 144, Sch. 10 para. 19
C2Act: definition of "subordinate legislation" applied (E.W.) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 219(1), 223(2) (with ss. 82(3), 186(1), 222(1), Sch. 13 paras. 1, 2, Sch. 14 para. 6)
Act: definition of "subordinate legislation" applied (E.W.) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 221(1), 225(1)
C3Act applied (1.4.1995) by S.R. 1995/71, arts. 1(1)(a), 2(2)
Act applied (with modifications) (27.9.1999) by S.I. 1999/2453, reg. 3
Act applied (1.1.2001) by S.I. 2000/2047, rule 2(2)
Act applied (1.7.2001) by S.I. 2000/2048, rules 1, 2(2); Instrument dated 21.6.2001 made by the Archbishops of Canterbury and York
Act applied (27.9.2001) by S.I. 2001/3057, Sch. para. 5(2)
Act applied (1.6.2004) by The Veterinary Surgeons and Veterinary Practitioners (Disciplinary Committee) (Procedure and Evidence) Rules Order of Council 2004 (S.I. 2004/1680), art. 2, Sch. rule 2.3
C4Act applied in part (1.3.2007) by The Social Security Investigation Powers (Arrangements with Northern Ireland) Regulations 2007 (S.I. 2007/271), reg. 3(1), Sch. 1 para. 5
I1Act wholly in force at 1.1.1979, see s. 26
Every section of an Act takes effect as a substantive enactment without introductory words.
Any Act may be amended or repealed in the Session of Parliament in which it is passed.
Every Act is a public Act to be judicially noticed as such, unless the contrary is expressly provided by the Act.
An Act or provision of an Act comes into force—
(a)where provision is made for it to come into force on a particular day, at the beginning of that day;
(b)where no provision is made for its coming into force, at the beginning of the day on which the Act receives the Royal Assent.
In any Act, unless the contrary intention appears, words and expressions listed in Schedule 1 to this Act are to be construed according to that Schedule.
In any Act, unless the contrary intention appears,—
(a)words importing the masculine gender include the feminine;
(b)words importing the feminine gender include the masculine;
(c)words in the singular include the plural and words in the plural include the singular.
C1S. 6(a) excluded (E.W.) by Sexual Offences Act 1985 (c. 44, SIF 39:5), ss. 4(3), 5(5)
C2S. 6(b) excluded (E.W.) by Sexual Offences Act 1985 (c. 44, SIF 39:5), ss. 4(3), 5(5)
C3S. 6(b) excluded (E.W.S.) by Employment Act 1989 (c. 38, SIF 43:1), ss. 5(4)(7), 29(6), Sch. 9 para. 4(1)
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.
C1S. 7 modified (E.W.) (1.7.1995) by 1994 c. 36, s. 17(2)(3) (with s. 20); S.I. 1995/1317, art. 2
C2S. 7 excluded by Insurance Companies Act 1982 (c. 50, SIF 67), s. 77(4)
S. 7 excluded (E.W.) by Enduring Powers of Attorney Act 1985 (c. 29, SIF 1), s. 4(3), Sch. 1 Pt. IV para. 8(2)
S. 7 excluded by Public Order Act 1986 (c. 64, SIF 39:2), s. 11(5)
S. 7 excluded (20.6.2003) by The Enterprise Act 2002 (Merger Prenotification) Regulations 2003 (S.I. 2003/1369), regs. 5, 11, 12, 13(5)
S. 7 excluded (E.W.) (1.7.2005 for certain purposes and 1.8.2005 otherwise) by Serious Organised Crime Act 2005 (c. 15), ss. 133(6), 178; S.I. 2005/1521, arts. 3(1)(p), 4(1)
S. 7 excluded (E.W.) (1.10.2007) by The Mental Capacity Act 2005 (c. 9), ss. 66(3), 68(1), Sch. 4 para. 12 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)
In the measurement of any distance for the purposes of an Act, that distance shall, unless the contrary intention appears, be measured in a straight line on a horizontal plane.
Subject to section 3 of the M1Summer Time Act 1972 (construction of references to points of time during the period of summer time), whenever an expression of time occurs in an Act, the time referred to shall, unless it is otherwise specifically stated, be held to be Greenwich mean time.
In any Act a reference to the Sovereign reigning at the time of the passing of the Act is to be construed, unless the contrary intention appears, as a reference to the Sovereign for the time being.
Where an Act confers power to make subordinate legislation, expressions used in that legislation have, unless the contrary intention appears, the meaning which they bear in the Act.
C1S. 11 applied (1.1.1995) by S.I. 1994/3144, reg. 1(6)
C2S. 11 excluded (E.W.) (1.9.1997) by S.I. 1997/1972, reg. 2(3)
C3S. 11 applied (30.10.2005) by The Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005 (S.I. 2005/2750), regs. 1, 2(3) (with transitional provisions in reg. 12, Sch. 6)
C4S. 11 excluded (S.) (1.8.2007) by The Education (Fees and Awards) (Scotland) Regulations 2007 (S.S.I. 2007/152), reg. 2(2)
C5S. 11 excluded (W.) (31.8.2007) by The Education (Fees and Awards) (Wales) Regulations 2007 (S.I. 2007/2310), reg. 2(2)
(1)Where an Act confers a power or imposes a duty it is implied, unless the contrary intention appears, that the power may be exercised, or the duty is to be performed, from time to time as occasion requires.
(2)Where an Act confers a power or imposes a duty on the holder of an office as such, it is implied, unless the contrary intention appears, that the power may be exercised, or the duty is to be performed, by the holder for the time being of the office.
Where an Act which (or any provision of which) does not come into force immediately on its passing confers power to make subordinate legislation, or to make appointments, give notices, prescribe forms or do any other thing for the purposes of the Act, then, unless the contrary intention appears, the power may be exercised, and any instrument made thereunder may be made so as to come into force, at any time after the passing of the Act so far as may be necessary or expedient for the purpose—
(a)of bringing the Act or any provision of the Act into force; or
(b)of giving full effect to the Act or any such provision at or after the time when it comes into force.
Where an Act confers power to make—
(a)rules, regulations or byelaws; or
(b)Orders in Council, orders or other subordinate legislation to be made by statutory instrument,
it implies, unless the contrary intention appears, a power, exercisable in the same manner and subject to the same conditions or limitations, to revoke, amend or re-enact any instrument made under the power.
C1S. 14 applied (E.W.) by Water Resources Act 1991 (c. 57, SIF 130), ss. 138(6), 225(2)
S. 14 saved (E.W.) (6.3.1992) by School Teachers' Pay and Conditions Act 1991 (c. 49, SIF 41:1), s. 2(8); S.I. 1992/532, art. 3
C2S. 14 extended (E.W.) (10.11.1993) by 1993 c. 28, s. 170(5); S.I. 1993/2762, art. 3
C3S. 14 excluded (15.2.1999) by 1998 c. 17, s. 25(9), (with Sch. 3 para. 5(1)); S.I. 1999/161, art. 2
S. 14 excluded (19.11.1998) by 1998 c. 46, s. 115, Sch. 7 para. 5 (with s. 126(3)-(11))
S. 14 excluded (28.7.2000) by 2000 c. 26, s. 122(11)
Where an Act repeals a repealing enactment, the repeal does not revive any enactment previously repealed unless words are added reviving it.
(1)Without prejudice to section 15, where an Act repeals an enactment, the repeal does not, unless the contrary intention appears,—
(a)revive anything not in force or existing at the time at which the repeal takes effect;
(b)affect the previous operation of the enactment repealed or anything duly done or suffered under that enactment;
(c)affect any right, privilege, obligation or liability acquired, accrued or incurred under that enactment;
(d)affect any penalty, forfeiture or punishment incurred in respect of any offence committed against that enactment;
(e)affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment;
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the repealing Act had not been passed.
(2)This section applies to the expiry of a temporary enactment as if it were repealed by an Act.
C1S. 16 excluded (E.W.) by Mineral Workings Act 1985 (c. 12, SIF 86), ss. 3(3), 6(2)
S. 16 excluded by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 99, Sch. 13 paras. 3, 8
S. 16 excluded (S.) (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 87, 89(2), Sch. 12 para. 5
C2S. 16 saved (E.W.) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss.140, 223(2) (with ss. 82(3), 186(1), 222(1), Sch. 13 paras. 1, 2, Sch. 14 para. 6)
C3S. 16(1) applied (E.) (temp. from 27.11.2001 until 27.7.2002) by S.I. 2001/3576, art. 3(2)
S. 16(1) applied (27.11.2001) by S.I. 2001/3577, art. 3(2)
S. 16(1) applied (27.11.2001) by S.I. 2001/3578, art. 3(2)
C4S. 16(1) disapplied (W.) (1.9.2004) by The Conduct of Members (Model Code of Conduct) (Wales) Order 2001 (S.I. 2001/2289), art. 4 (as inserted by The Conduct of Members (Model Code of Conduct) (Wales) (Amendment) (No. 2) Order 2004 (S.I. 2004/1510), arts. 1(2), 3)
C5S. 16(1) applied (with modifications) by The Virgin Islands Constitution Order 2007 (S.I. 2007/1678), s. 80(3) (the amendment coming into force in accordance with s. 1(2) of the amending S.I.)
(1)Where an Act repeals a previous enactment and substitutes provisions for the enactment repealed, the repealed enactment remains in force until the substituted provisions come into force.
(2)Where an Act repeals and re-enacts, with or without modification, a previous enactment then, unless the contrary intention appears,—
(a)any reference in any other enactment to the enactment so repealed shall be construed as a reference to the provision re-enacted;
(b)in so far as any subordinate legislation made or other thing done under the enactment so repealed, or having effect as if so made or done, could have been made or done under the provision re-enacted, it shall have effect as if made or done under that provision.
C1S. 17 saved (E.W.) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 140, 223(2)
C2S. 17 excluded (S.) (1.7.2005) by The Cereal Seed (Scotland) Regulations 2005 (S.S.I 2005/328), reg, 28(2)
S. 17 excluded (S.) (1.7.2005) by The Fodder Plant Seed (Scotland) Regulations 2005 (S.S.I. 2005/329), reg. 28(2)
S. 17 excluded (W.) (18.11.2005) by The Vegetable Seed (Wales) Regulations 2005 (S.I. 2005/3035), reg. 32(2)
S. 17 excluded (W.) (18.11.2005) by The Cereal Seed (Wales) Regulations 2005 (S.I. 2005/3036), reg. 32(2)
S. 17 excluded (W.) (18.11.2005) by The Beet Seed (Wales) Regulations 2005 (S.I. 2005/3037), reg. 29(2)
C3S. 17(2) excluded (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 8 Pt. I para. 1(6)(7)
S. 17(2) excluded (E.W.S.) (22.8.1996) by 1996 c. 17, ss. 44, 46, Sch. 2 Pt. I paras. 1-5 (with s. 38)
S. 17(2) excluded (E.W.S.) (22.8.1996) by 1996 c. 18, ss. 241, 243, Sch. 2 Pt. I paras. 1-5 (with ss. 191-195, 202)
S. 17(2) excluded (21.7.1997) by 1997 c. 22, s. 27, Sch. 2 paras. 1-5; S.I. 1997/1672, art. 2
S. 17(2) excluded (E.W.) (19.6.1997) by 1997 c. 25, ss. 73(1), 74(1), Sch. 4 Pt. I para. 1(6)
S. 17(2) excluded (E.W.) (11.9.1998) by 1998 c. 18, ss. 54(2), 55(2), Sch. 4 para. 6
S. 17(2) excluded (E.W.) (25.8.2000) by 2000 c. 6, ss. 165(3), 168(1), Sch. 11 Pt. I para. 1(5)
S. 17(2) excluded (22.3.2001 with effect as mentioned in s. 579(1)) by 2001 c. 2, s. 579, Sch. 3 Pt. I para. 6
S. 17(2) excluded (24.10.2002) by 2002 c. 24, ss. 14, 18(2), Sch. 2 para. 5
S. 17(2) excluded (6.4.2003 with effect as mentioned in s. 723(1)(a)(b)) by The Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 7 para. 6 (subject to Sch. 7)
S. 17(2) excluded (6.4.2005 with effect as mentioned in s. 883(1)(a)(b)) by The Income Tax (Trading and other Income) Act 2005 (c. 5), s. 883, Sch. 2 para. 6(1)
S. 17(2) excluded (8.2.2007) by The Wireless Telegraphy Act 2006 (c. 36), ss. 124, 126, Sch. 8 para. 5
S. 17(2) excluded (1.3.2007) by The National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 4, 8(2), Sch. 2 para. 1(8) (with Sch. 3 Pt. 1)
S. 17(2) excluded (1.4.2007) by The Parliamentary Costs Act 2006 (c. 37), ss. 17(7), 19, Sch. 2 para. 6
C4S. 17(2)(a) excluded by Insurance Companies Act 1982 (c. 50, SIF 67), s. 99(1), Sch. 4 para. 17
C5S. 17(2)(b) excluded (24.7.2002) by 2002 c. 23, s. 20(4)
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.
(1)Where an Act cites another Act by year, statute, session or chapter, or a section or other portion of another Act by number or letter, the reference shall, unless the contrary intention appears, be read as referring—
(a)in the case of Acts included in any revised edition of the statutes printed by authority, to that edition;
(b)in the case of Acts not so included but included in the edition prepared under the direction of the Record Commission, to that edition;
(c)in any other case, to the Acts printed by the Queen’s Printer, or under the superintendence or authority of Her Majesty’s Stationery Office.
(2)An Act may continue to be cited by the short title authorised by any enactment notwithstanding the repeal of that enactment.
(1)Where an Act describes or cites a portion of an enactment by referring to words, sections or other parts from or to which (or from and to which) the portion extends, the portion described or cited includes the words, sections or other parts referred to unless the contrary intention appears.
(2)Where an Act refers to an enactment, the reference, unless the contrary intention appears, is a reference to that enactment as amended, and includes a reference thereto as extended or applied, by or under any other enactment, including any other provision of that Act.
C1S. 20(2) applied (5.6.2003) by The Immigration (Jersey) Order 1993 (S.I. 1993/1797), art. 4(1) (as amended by The Immigration and Asylum Act 1999 (Jersey) Order 2003 (S.I. 2003/1252), art. 3(a))
C2S. 20(2) excluded (8.7.2003) by National Minimum Wage (Enforcement Notices) Act 2003 (c. 8), s. 2(2)(4)
Where an Act passed after the commencement of this section refers to a Community instrument that has been amended, extended or applied by another such instrument, the reference, unless the contrary intention appears, is a reference to that instrument as so amended, extended or applied.]
F1S. 20A inserted (8.1.2007) by Legislative and Regulatory Reform Act 2006 (c. 51), ss. 25(1), 33
(1)In this Act “Act” includes a local and personal or private Act; and “subordinate legislation” means Orders in Council, orders, rules, regulations, schemes, warrants, byelaws and other instruments made or to be made under any Act.
(2)This Act binds the Crown.
(1)This Act applies to itself, to any Act passed after the commencement of this Act [F1(subject, in the case of section 20A, to the provision made in that section)] and, to the extent specified in Part I of Schedule 2, to Acts passed before the commencement of this Act.
(2)In any of the foregoing provisions of this Act a reference to an Act is a reference to an Act to which that provision applies; but this does not affect the generality of references to enactments or of the references in section 19(1) to other Acts.
(3)This Act applies to Measures of the General Synod of the Church of England (and, so far as it relates to Acts passed before the commencement of this Act, to Measures of the Church Assembly passed after 28th May 1925) as it applies to Acts.
F1Words in s. 22(1) inserted (8.1.2007) by Legislative and Regulatory Reform Act 2006 (c. 51), ss. 25(2), 33
(1)The provisions of this Act, except sections 1 to 3 and 4(b), apply, so far as applicable and unless the contrary intention appears, to subordinate legislation made after the commencement of this Act and, to the extent specified in Part II of Schedule 2, to subordinate legislation made before the commencement of this Act, as they apply to Acts.
(2)In the application of this Act to Acts passed or subordinate legislation made after the commencement of this Act, all references to an enactment include an enactment comprised in subordinate legislation whenever made, and references to the passing or repeal of an enactment are to be construed accordingly.
(3)Sections 9 and 19(1) also apply to deeds and other instruments and documents as they apply to Acts and subordinate legislation; and in the application of section 17(2)(a) to Acts passed or subordinate legislation made after the commencement of this Act, the reference to any other enactment includes any deed or other instrument or document.
(4)Subsections (1) and (2) of this section do not apply to Orders in Council made under section 5 of the M1Statutory Instruments Act 1946, section 1(3) of the M2Northern Ireland (Temporary Provisions) Act 1972 or Schedule 1 to the M3Northern Ireland Act 1974.
C1S. 23(1)(2) excluded by Northern Ireland Act 1982 (c. 38, SIF 29:3), s. 6, Sch. 2 para. 7(2)
C2S. 23(3) excluded by Companies Act 1989 (c. 40, SIF 27), s. 144(6)
S. 23(3) excluded (6.4.2008 for specified purposes and otherwise prosp.) by Companies Act 2006 (c. 46), ss. 1160(4), 1300(2); S.I. 2007/3495, art. 3(4) (subject to art. 6, Sch. 1)
M11946 c. 36.
M21972 c. 22.
M31974 c. 28.
(1)This Act applies in relation to an Act of the Scottish Parliament and an instrument made under such an Act only to the extent provided in this section.
(2)Except as provided in subsection (3) below, sections 15 to 18 apply to—
(a)an Act of the Scottish Parliament as they apply to an Act,
(b)an instrument made under an Act of the Scottish Parliament as they apply to subordinate legislation.
(3)In the application of those sections to an Act and to subordinate legislation—
(a)references to an enactment include an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, and
(b)the reference in section 17(2)(b) to subordinate legislation includes an instrument made under an Act of the Scottish Parliament.
(4)In the application of section 20 to an Act and to subordinate legislation, references to an enactment include an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.]
F1S. 23A and sidenote inserted (1.7.1999) by 1998 c. 46, s. 125, Sch. 8 para. 16(2) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2
(1)Subject as follows, the provisions of this Act—
(a)apply to a Measure or Act of the National Assembly for Wales as they apply to an Act, and
(b)apply to an instrument made under a Measure or Act of the National Assembly for Wales as they apply to other subordinate legislation.
(2)Sections 1 to 3 do not apply to a Measure or Act of the National Assembly for Wales.
(3)In this Act references to an enactment include an enactment comprised in, or in an instrument made under, a Measure or Act of the National Assembly for Wales.
(4)In the application of this Act to a Measure or Act of the National Assembly for Wales, references to the passing of an Act or an enactment are to be read as references to the enactment of the Measure or Act.
(5)Section 4(b) does not apply to a Measure of the National Assembly for Wales; but where such a Measure makes no provision for the coming into force of a provision contained in it, that provision comes into force at the beginning of the day on which the Measure is approved by Her Majesty in Council.]
F1S. 23B inserted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 11 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes at the end of "the initial period" (which ended with the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act
Interpretation Act 1978