|This article relies on references to primary sources. (May 2012)|
Parliament of the United Kingdom
|Long title||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.|
|Chapter||1978 c 30|
|Royal Assent||20 July 1978|
|Commencement||1 January 1979|
|Text of statute as originally enacted|
|Revised text of statute as amended|
The Interpretation Act 1978 is an Act of the Parliament of the United Kingdom. The Act makes provision for the interpretation of Acts of Parliament, Measures of the General Synod of the Church of England, Measures of the Church Assembly, subordinate legislation, "deeds and other instruments and documents", Acts of the Scottish Parliament and instruments made thereunder and Measures and Acts of the National Assembly for Wales and instruments made thereunder. 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 basic principle of the Interpretation Act 1978 is that words, expressions and various terms should be interpreted according to the Interpretation Act 1978, "unless the contrary intention appears" (Section 5). Expressions in subordinate legislation have the same meanings in the Interpretation Act 1978, unless the contrary intention appears (Section 11). The Interpretation Act 1978 "binds the Crown" (Section 21(2)).
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 this Act.
Section 5 and Schedule 1 provide definitions of certain words and phrases.
Unless it is clear there is a contrary intention, wherever in any Act of Parliament or Statutory Instrument there are words importing the masculine gender, the words should be construed to incorporate the feminine and vice versa. Also, words in the singular include the plural, and as with the interchangeability of words importing gender so it is with the plural and singular.
The following cases are relevant to this section:
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.
"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. Two prosecutions for a single false statement in a brochure is not oppressive.
A reference to an Act in this section is a reference to an Act to which this section applies.
This section applies to Acts whenever passed. 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. It applies to an Act of the Scottish Parliament as it applies to an "Act".
For the application of this section to subordinate legislation, see section 23. And see also section 23A(2)(b).
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