2020-1 Interpretation
An Act relating to the interpretation, application, and effect of legislation.
[19th July 2020]
Be it enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the
Commons in this present Parliament assembled, and by the authority of the same, as follows:—
1 Short title.
This Act may be cited as the Interpretation Act 2020.
2 Interpretation etc.
(1) In this Act,
Act includes a local and personal or private Act;
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.
3 Application to Acts.
(1) This Act applies to itself and to any Act passed after the commencement of this Act.
(2) In any of the 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 21(1) to other Acts.
4 Application to other instruments.
(1) The provisions of this Act, except sections 5 to 7 and 8(b), apply, so far as applicable and unless
the contrary intention appears, to subordinate legislation made after 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) Section 21(1) also applies to deeds and other instruments and documents as it applies to Acts and
subordinate legislation; and in the application of section 19(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.
General provisions as to enactment and operation
5 Words of enactment.
Every section of an Act takes effect as a substantive enactment without introductory words.
6 Amendment or repeal in same Session.
Any Act may be amended or repealed in the Session of Parliament in which it is passed.
7 Judicial notice.
Every Act is a public Act to be judicially noticed as such, unless the contrary is expressly
provided by the Act.
Interpretation 2020-1
8 Time of commencement.
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.
Interpretation and construction
9 Definitions.
In any Act, unless the contrary intention appears, words and expressions listed in the Schedule to
this Act are to be construed according to that Schedule.
10 Gender and number.
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.
11 References to distance.
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.
12 References to the Sovereign.
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.
13 Construction of subordinate legislation.
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.
14 Continuity of powers and duties.
(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.
15 Anticipatory exercise of powers.
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—
2020-1 Interpretation
(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.
16 Implied power to amend.
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.
Repealing enactments
17 Repeal of repeal.
Where an Act repeals a repealing enactment, the repeal does not revive any enactment previously
repealed unless words are added reviving it.
18 General savings.
(1) Without prejudice to section 17, 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.
19 Repeal and re-enactment.
(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.
Interpretation 2020-1
Miscellaneous
20 Duplicated offences.
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.
21 References to other enactments.
(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.
22 References to laying before Parliament.
Where an Act refers to the laying of any instrument, report, account or other document before the
House of Commons, the reference, unless the contrary intention appears, is to be construed as a
reference to the taking, during the existence of a Parliament, of such action as is directed by
virtue of any Standing Order, Sessional Order or other direction of the House for the time being
in force to constitute the laying of that document before the House, or as is accepted by virtue of
the practice of the House for the time being as constituting such laying, notwithstanding that the
action so directed or accepted consists in part or wholly in action capable of being taken
otherwise than at or during the time of a sitting of that House; and that a reference in any such
Act to the laying of any instrument, report, account or other document before Parliament is,
unless the contrary intention appears, to be construed accordingly as a reference (construed in
accordance with the preceding declaration) to the laying of the document before the House of
Commons.
2020-1 Interpretation
SCHEDULE
(s 9)
WORDS AND EXPRESSIONS DEFINED
Definitions
Act means an Act of Parliament.
colonial legislature, and legislature in relation to a Wilden possession, means the
authority, other than the Parliament of Wilden or His Majesty in Council,
competent to make laws for the possession.
commencement, in relation to an Act or enactment, means the time when the Act
or enactment comes into force.
Comptroller and Auditor General means the Comptroller-General of the
Receipt and Issue of His Majesty’s Exchequer and Auditor-General of Public
Accounts.
Governor, in relation to any Wilden possession, includes the officer for the time
being administering the government of that possession.
High Court means His Majesty’s High Court of Justice.
land includes buildings and other structures, land covered with water, and any
estate, interest, easement, servitude or right in or over land.
month means calendar month.
oath and affidavit include affirmation and declaration, and swear includes affirm
and declare.
parliamentary election means the election of a member to serve in Parliament
for a constituency.
person includes a body of persons corporate or unincorporate.
the Privy Council means the Lords and others of His Majesty’s Most Honourable
Privy Council.
Rules of Court, in relation to any court, means rules made by the authority
having power to make rules or orders regulating the practice and procedure of that
court; and the power of the authority to make rules of court (as above defined)
includes power to make such rules for the purpose of any Act which directs or
authorises anything to be done by rules of court.
Secretary of State means one of His Majesty’s Principal Secretaries of State.
Wilden possession means any part of His Majesty’s dominions outside Wilden;
and where parts of such dominions are under both a central and a local legislature,
all parts under the central legislature are deemed, for the purposes of this
definition, to be one Wilden possession.
writing includes typing, printing, lithography, photography and other modes of
representing or reproducing words in a visible form, and expressions referring to
writing are construed accordingly.
