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INTERPRETATION ACT 1978 SCHEDULES

 

SCHEDULE 1

WORDS AND EXPRESSIONS DEFINED

Note: The years or dates which follow certain entries in this Schedule are relevant for the purposes of paragraph 4 of Schedule 2 (application to existing enactments).

Definitions

["Act " means an Act of Parliament 1]

"Associated state" means a territory maintaining a status of association with the United Kingdom in accordance with the West Indies Act 1967. [16th February 1967]

    "Bank of England" means, as the context requires, the Governor and Company of the Bank of England or the bank of the Governor and Company of the Bank of England.
    "Bank of Ireland" means, as the context requires, the Governor and Company of the Bank of Ireland or the bank of the Governor and Company of the Bank of Ireland.
    "British Islands" means the United Kingdom, the Channel Islands and the Isle of Man. [1889]
    "British possession" means any part of Her Majesty's dominions outside the United Kingdom: 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 British possession. [1889]

...2

"Building regulations", in relation to England and Wales, [has the meaning given by section 122 of the Building Act 19843].

    "Central funds", in an enactment providing in relation to England and Wales for the payment of costs out of central funds, means money provided by Parliament.


"Charity Commissioners" means the Charity Commissioners for England and Wales referred to in [section 1 of the Charities Act 19934].

    "Church Commissioners" means the Commissioners constituted by the Church Commissioners Measure 19475.
    "Colonial legislature", and "legislature" in relation to a British possession, mean the authority, other than the Parliament of the United Kingdom or Her Majesty in Council, competent to make laws for the possession. [1889]
    "Colony" means any part of Her Majesty's dominions outside the British Islands except-
    (a) countries having fully responsible status within the Commonwealth;
    (b) territories for whose external relations a country other than the United Kingdom is responsible;
    (c) associated states;

and where parts of such dominions are under both a central and local legislature, all parts under the central legislature are deemed for the purposes of this definition to be one colony. [1889]

    "Commencement", in relation to an Act or enactment, means the time when the Act or enactment comes into force.
    "Committed for trial" means-
    (a) in relation to England and Wales, committed in custody or on bail by a magistrates' court pursuant to [section 6 of the Magistrates' Courts Act 19806], or by any judge or other authority having power to do so, with a view to trial before a judge and jury; [1889]
    (b) in relation to Northern Ireland, committed in custody or on bail by a magistrates' court pursuant to [Article 37 of the Magistrates' Courts (Northern Ireland) Order 19817], or by a court, judge resident magistrate, justice of the peace or other authority having power to do so, with a view to trial on indictment. [1st January 1979]
    "The

Communities", "the Treaties" or "the Community Treaties" and other expressions defined by section 1 of and Schedule 1 to the European Communities Act 1972 have the meanings prescribed by that Act.

"Comptroller and Auditor General" means the Comptroller - General of the receipt and issue of Her Majesty's Exchequer and Auditor - General of Public Accounts appointed in pursuance of the Exchequer and Audit Departments Act 1866.

"Consular officer" has the meaning assigned by Article 1 of the Vienna Convention set out in Schedule 1 to the Consular Relations Act 1968.

    ["The Corporation Tax Acts" means the enactments relating to the taxation of the income and chargeable gains of companies and of company distributions (including provisions relating to income tax)8.]
    "County court" means-
    (a) in relation to England and Wales, a court held for a district under [the County Courts Act 19849]; [1846]
    (b) in relation to Northern Ireland, a court held for a division under the County Courts [(Northern Ireland) Order 198010]. [1889]
    "Court of Appeal" means-
    (a) in relation to England and Wales, Her Majesty's Court of Appeal in England;
    (b) in relation to Northern Ireland, Her Majesty's Court of Appeal in Northern Ireland.
    "Court of summary jurisdiction", "summary conviction" and "Summary Jurisdiction Acts", in relation to Northern Ireland, have the same meanings as in Measures of the Northern Ireland Assembly and Acts of the Parliament of Northern Ireland.
    "Crown Court" means-
    (a)

in relation to England and Wales, the Crown Court constituted by section 4 of the Courts Act 1971;

    (b)

in relation to Northern Ireland, the Crown Court constituted by section 4 of the Judicature (Northern Ireland) Act 1978.

"Crown Estate Commissioners" means the Commissioners referred to in section 1 of the Crown Estate Act 1961.

    ["Enactment" does not include an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament 1]


"England" means, subject to any alteration of boundaries under Part IV of the Local Government Act 1972, the area consisting of the counties established by section 1 of that Act, Greater London and the Isles of Scilly. [1st April 1974].

    "Financial year" means, in relation to matters relating to the Consolidated Fund, the National Loans Fund, or moneys provided by Parliament, or to the Exchequer or to central taxes or finance, the twelve months ending with 31st March. [1889].
    "Governor - General" includes any person who for the time being has the powers of the Governor - General, and "Governor", in relation to any British possession, includes the officer for the time being administering the government of that possession. [1889]
    "High Court" means-
    (a) in relation to England and Wales, Her Majesty's High Court of Justice in England;
    (b) in relation to Northern Ireland, Her Majesty's High Court of Justice in Northern Ireland.
    "The Income Tax Acts" means all enactments relating to income tax, including any provisions of the Corporation Tax Acts which relate to income tax.
    "Land" includes buildings and other structures11, land covered with water, and any estate, interest, easement, servitude or right in or over land. [1st January 1979].
    "Lands Clauses Acts" means-
    (a)

in relation to England and Wales, the Lands Clauses Consolidation Act 1845 and the Lands Clauses Consolidation Acts Amendment Act 1860, and any Acts for the time being in force amending those Acts; [1889]

    (b)

in relation to Scotland, the Lands Clauses Consolidation (Scotland) Act 1845 and the Lands Clauses Consolidation Acts Amendment Act 1860, and any Acts for the time being in force amending those Acts; [1889]

    (c)

in relation to Northern Ireland, the enactments defined as such by section 46(1) of the Interpretation Act (Northern Ireland) 1954. [1889]

"Local land charges register", in relation to England and Wales, means a register kept pursuant to section 3 of the Local Land Charges Act 1975, and "the appropriate local land charges register" has the meaning assigned by section 4 of that Act.

"London borough" means a borough described in Schedule 1 to the London Government Act 1963, "inner London borough" means one of the boroughs so described and numbered from 1 to 12 and "outer London borough" means one of the boroughs so described and numbered from 13 to 32, subject (in each case) to any alterations made under Part IV of the Local Government Act 1972 [or Part III of the Local Government Act 199212].

    "Lord Chancellor" means the Lord High Chancellor of Great Britain.
    "Magistrates' court" has the meaning assigned to it-
    (a)

in relation to England and Wales, by [section 148 of the Magistrates' Court Act 198013];

    (b)

in relation to Northern Ireland, by [Article 2(2) of the Magistrates' Courts (Northern Ireland) Order 198114].

    "Month" means calendar month. [1850]
    "National Debt Commissioners" means the Commissioners for the Reduction of the National Debt.
    "Northern Ireland legislation" has the meaning assigned by section 24(5) of this Act. [1st January 1979]
    "Oath" and "affidavit" include affirmation and declaration, and "swear" includes affirm and declare.


"Ordnance Map" means a map made under powers conferred by the Ordnance Survey Act 1841 or the Boundary Survey (Ireland) Act 1854.

    "Parliamentary Election" means the election of a Member to serve in Parliament for a constituency. [1889]
    "Person" includes a body of persons corporate or unincorporate. [1889]
    "Police area", "police authority" and other expressions relating to the police have the meaning or effect described-
    (a)

in relation to England and Wales, by section 62 of the Police Act 1964;

    (b)

in relation to Scotland, by sections 50 and 51(4) of the Police (Scotland) Act 1967.

    "The Privy Council" means the Lords and others of Her Majesty's Most Honourable Privy Council.
    ["Registered" in relation to nurses, midwives and health visitors, means registered in the register maintained by the United Kingdom Central Council for Nursing, Midwifery and Health Visiting by virtue of qualifications in nursing, midwifery or health visiting, as the case may be15.]


"Registered medical practitioner" means a fully registered person within the meaning of [the Medical Act 198316]. [1st January 1979]

    "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 in Scotland includes Acts of Adjournal and Acts of Sederunt; 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. [1889]
    "Secretary of State" means one of Her Majesty's Principal Secretaries of State.


["Sewerage undertaker", in relation to England and Wales, shall be construed in accordance with [section 6 of the Water Industry Act 199117]18].

    "Sheriff", in relation to Scotland, includes sheriff principal. [1889]
    ["The standard scale", with reference to a fine or penalty for an offence triable only summarily,-
    (a)

in relation to England and Wales, has the meaning given by section 37 of the Criminal Justice Act 1982;

    (b)

in relation to Scotland, has the meaning given by section 289G of the Criminal Procedure (Scotland) Act 1975;

    (c)

in relation to Northern Ireland, has the meaning given by Article 5 of the Fines and Penalties (Northern Ireland) Order 1984 19.]

"Statutory declaration" means a declaration made by virtue of the Statutory Declarations Act 1835.

    ["Statutory maximum", with reference to a fine or penalty on summary conviction for an offence,-
    (a)

in relation to England and Wales, means the prescribed sum within the meaning of section 32 of the Magistrates' Courts Act 1980;

    (b) in relation to Scotland, means the prescribed sum within the meaning of section 289B(6) of the Criminal Procedure (Scotland) Act 1975; and
    (c) in relation to Northern Ireland, means the prescribed sum within the meaning of Article 4 of the Fines and Penalties (Northern Ireland) Order 198419.]
    "Supreme Court" means-
    (a) in relation to England and Wales, the Court of Appeal and the High Court together with the Crown Court;
    (b) in relation to Northern Ireland, the Supreme Court of Judicature of Northern Ireland.
    ["The Tax Acts" means the Income Tax Acts and the Corporation Tax Acts20.]
    "The Treasury" means the Commissioners of Her Majesty's Treasury.


["Trust of land" and "trustees of land", in relation to England and Wales, have the same meanings as in the Trusts of Land and Appointment of Trustees Act 199621.]

    "United Kingdom" means Great Britain and Northern Ireland. [12th April 1927]


["Wales" means the combined area of the counties which were created by section 20 of the Local Government Act 1972, as originally enacted, but
subject to any alteration made under section 73 of that Act (consequential alteration of boundary following alteration of water course22.]

["Water undertaker", in relation to England and Wales, shall be construed in accordance with [section 6 of the Water Industry Act 199123]24.]

    "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.

Construction of certain expressions relating to children

In relation to England and Wales the following expressions and references, namely-

    (a)

the expression "the parental rights and duties";

    (b) the expression "legal custody" in relation to a child (as defined in the Children Act 1975); and
    (c) any reference to the person with whom a child (as so defined) has his home,

are to be construed in accordance with Part IV of that Act. [12th November 1975]25

Construction of certain expressions relating to offences

In relation to England and Wales-

    (a) "indictable offence" means an offence which, if committed by an adult, is triable on indictment, whether it is exclusively so triable or triable either way;
    (b) "summary offence" means an offence which, if committed by an adult, is triable only summarily;
    (c) "offence triable either way" means an offence [, other than an offence triable on indictment only by virtue of Part V of the


Criminal Justice Act 198826] which, if committed by an adult, is triable either on indictment or summarily;
and the terms "indictable", "summary" and "triable either way", in their application to offences, are to be construed accordingly.

In the above definitions references to the way or ways in which an offence is triable are to be construed without regard to the effect, if any, of [section 22 of the Magistrates' Courts Act 198027] on the mode of trial in a particular case.

[Construction of certain references to relationships

In relation to England and Wales-

    (a) references (however expressed) to any relationship between two persons;
    (b) references to a person whose father and mother were or were not married to each other at the time of his birth; and
    (c) references cognate with references falling within paragraph (b) above,

shall be construed in accordance with section 1 of the Family Law Reform Act 1987. [The date of the coming into force of that section]28.]

SCHEDULE 2

APPLICATION OF ACT TO EXISTING ENACTMENTS

PART I

ACTS

1. The following provisions of this Act apply to Acts whenever passed:-
Section 6(a) and (c) so far as applicable to enactments relating to offences punishable on indictment or on summary conviction

    Section 9
    Section 10
    Section 11 so far as it relates to subordinate legislation made after the year 1889
    Section 18
    Section 19(2).

2. The following apply to Acts passed after the year 1850:-

    Section 1
    Section 2
    Section 3
    Section 6(a) and (c) so far as not applicable to such Acts by virtue of paragraph 1
    Section 15
    Section 17(1).

3. The following apply to Acts passed after the year 1889:-

    Section 4
    Section 7
    Section 8
    Section 12
    Section 13
    Section 14 so far as it relates to rules, regulations or byelaws
    Section 16(1)
    Section (17(2)(a)
    Section 19(1)
    Section 20(1).

4 -(1) Subject to the following provisions of this paragraph-

    (a) paragraphs of Schedule 1 at the end of which a year or date...29 is specified [or described29] apply, so far as applicable, to Acts passed on or after the date, or after the year, so specified [or described29]; and
    (b) paragraphs of that Schedule at the end of which no year or date is specified [or described29] apply, so far as applicable, to Acts passed at any time.

(2) The definition of "British Islands", in its application to Acts passed after the establishment of the Irish Free State but before the commencement of this Act, includes the Republic of Ireland.
(3) The definition of "colony", in its application to an Act passed at any time before the commencement of this Act, includes-

    (a)

any colony within the meaning of section 18(3) of the Interpretation Act 1889 which was excluded, but in relation only to Acts passed at a later time, by any enactment repealed by this Act;

    (b) any country or territory which ceased after that time to be part of Her Majesty's dominions but subject to a provision for the continuation of existing law as if it had not so ceased;

and paragraph (b) of the definition does not apply.
(4) The definition of "Lord Chancellor" does not apply to Acts passed before 1st October 1921 in which that expression was used in relation to Ireland only.
(5) The definition of "person", so far as it includes bodies corporate, applies to any provision of an Act whenever passed relating to an offence punishable on indictment or on summary conviction.
(6)
This paragraph applies to the National Health Service Reorganisation Act 1973 and 30 the Water Act 1973 as if they were passed after 1st April 1974.
5. The following definitions shall be treated as included in Schedule 1 for the purposes specified in this paragraph-

    (a)

in any Act passed before 1st April 1974, a reference to England includes Berwick upon Tweed and Monmouthshire and, in the case of an Act passed before the Welsh Language Act 1967, Wales;

    (b) in any Act passed before the commencement of this Act and after the year 1850, "land" includes messuages, tenements and hereditaments, houses and buildings of any tenure;
    (c)

in any Act passed before the commencement of the Criminal Procedure (Scotland) Act 1975, "the Summary Jurisdiction (Scotland) Acts" means Part II of that Act.

PART II

SUBORDINATE LEGISLATION

6. Sections 4(a), 9 and 19(1), and so much of Schedule 1 as defines the following expressions, namely-

    ...31;
    England;
    Local land charges register and appropriate local land charges register;
    Police area (and related expressions) in relation to Scotland;
    United Kingdom;
    Wales,

apply to subordinate legislation made at any time before the commencement of this Act as they apply to Acts passed at that time.
7. The definition in Schedule 1 of "county court", in relation to England and Wales, applies to Orders in Council made after the year 1846.

SCHEDULE 3

ENACTMENTS REPEALED

Chapter or number

Short title

Extent of repeal

* * * * *

52 & 53 Vict. c.63.

The Interpretation Act 1889

The whole Act except paragraphs (4), (5) and (14) of section 13 in their application to Northern Ireland.

53 & 54 Vict. c.21.

The Inland Revenue Regulation Act 1890.

In section 38(1), the words from "and" to "of this Act".

* * * * *

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1 Scotland Act 1998 Sch.8 para. 16(1),(3) with effect on and after 1 July 1999 (by virtue of S.I. 1999 No. 3178(C.79)(not reproduced)).

2 Definition of "British Subject" and "Commonwealth citizen" repealed by British Nationality Act 1981 (c.61) Sch.9 with effect on and after 1 January 1983 by virtue of S.I. 1982 No.933 (C.26) (not reproduced).

3 Building Act 1984 (c.55) Sch.6 para.19 with effect on and after 1 December 1984.

4 Charities Act 1993 (c.10) Sch.6 para.15 with effect on and after 1 August 1993. Previously "section 1 of the Charities Act 1960(ax)".
(ax) 1960 c.58.

5 1947 No.2.

6 Magistrates' Courts Act 1980 (c.43) Sch.7 para.169(a) with effect on and after 6 July 1981 by virtue of S.I. 1981 No.45 (C.12).

7 S.I. 1981 No.1675 (N.I. 26) art.170(2) and Sch.6 Pt.I para.56(a) (not reproduced) with effect on and after 25 December 1981.

8 1987 Sch.15 para.12.

9 County Courts Act 1984 (c.28) Sch.2 Pt.V para.68 with effect on and after 1 August 1984.

10 S.I. 1980 No.397 (N.I. 3) (not reproduced) Sch.1 Pt.II with effect on and after 20 April 1980.

11 See 1990(C) Sch.AA1 para.5(3)-words "buildings and other structures" omitted for purposes of 1990(C) Sch.AA1 (exclusions from expenditure on machinery or plant).

12 Local Government Act 1992 Sch.3 para.21 with effect on and after 31 October 1992 by virtue of S.I. 1992 No.2371 (C.78) (not reproduced).

13 Magistrates' Courts Act 1980 Sch.7 para.169(b) with effect on and after 6 July 1981 by virtue of S.I. 1981 No.457 (C.12) (not reproduced).

14 S.I. 1981 No.1675 (N.I.26) Sch.6 Pt.I para.56(6) (not reproduced) with effect on and after 25 December 1981.

15 Nurses, Midwives and Health Visitors Act 1979 (c.36) Sch.7 para.30 with effect on and after 1 July 1983 by virtue of S.I. 1983 No.668 (C.20) (not reproduced).

16 Medical act 1983 (c.54) Sch.5 para.18 with effect on and after 26 October 1983.

17 Water Consolidation (Consequential Provisions) Act 1991 (c.60) Sch.1 para.32 with effect on and after 1 December 1991 Previously "section 11 of the Water Act 1989".

18 Water Act 1989 (c.15) Sch.25 para.55(2) with effect on and after 1 September 1989 by virtue of S.I. 1989 No.1146 (C.37) (not reproduced).

19 Criminal Justice Act 1988 (c.33) Sch.15 para.58(b), (d) respectively with effect on and after 12 October 1988 by virtue of S.I. 1988 No.1676 (C.60) (not reproduced).

20 1987 Sch.15 para.12. Previously ""The Tax Acts" means the Income and Corporation Taxes Act 1970 and all other provisions of the Income Tax Acts and the Corporation Tax Acts.".

21 Trusts of Land and Appointment of Trustees Act 1996 s.27(2) and Sch.3 para.16 with effect on and after 1 January 1997 by virtue of S.I. 1996 No.2974 (C.91) (not reproduced).

22 Local Government (Wales) Act 1994 (c.19) Sch.2 para.9 with effect on and after 3 April 1995 by virtue of S.I. 1995 No.852 (C.22) Art.3(1) and Sch.1 (not reproduced). Previously ""Wales" means, subject to any alteration of boundaries made under Part IV of the Local Government Act 1972(ax), the area consisting of the counties established by section 20 of that Act."
(ax) 1972 c.70.

23 Water Consolidation (Consequential Provisions) Act 1991 (c.60) s.4(2) and Sch.1 para.32 with effect on and after 1 December 1991. Previously "section 11 of the Water Act 1989(bx).".
(bx) 1989 c.15.

24 Water Act 1989 (c.15) Sch.25 para.55(3) with effect on and after 1 September 1989 by virtue of S.I. 1988 No.1146 (C.37) (not reproduced). Previously ""Water authority", in relation to England and Wales, means an authority established in accordance with section 2 of the Water Act 1973; and "water authority area", in relation to any functions of such an authority, means the area in respect of which the water authority are for the time being to exercise those functions."

25 Repealed by Children Act 1989 (c.41) Sch.15 with effect on and after 14 October 1991 by virtue of S.I. 1991 No.828 (C.19) (not reproduced).

26 Criminal Justice Act 1988 (c.33) Sch.15 para.59 with effect on and after 12 October 1988 by virtue of S.I. 1988 No.1676 (C.60) (not reproduced).

27 Magistrates' Courts Act 1980 (c.43) Sch.7 para.169 (c) with effect on and after 6 July 1981 by virtue of S.I. 1981 No.457 (C.12) (not reproduced).

28 Family Law Reform Act 1987 (c.42) Sch.2 para.73 with effect on and after 4 April 1988 by virtue of S.I. 1988 No.425 (C.11) (not reproduced). And see 1988 s.831(4)-this para. disregarded in construing references in 1988 to a child or to children.

29 Words repealed or inserted by Family Law Reform Act 1987 (c.42) Sch.2 para.74 and Sch.4 with effect on and after 4 April 1988 by virtue of S.I. 1988 No.425 (C.11) (not reproduced).

30 Words repealed by Health Authorities Act 1995 (c.17) s.5(1) and Sch.3 with effect on and after 1 April 1996.

31 Words repealed by British Nationality Act 1981 (c.61) Sch.9 with effect on and after 1 January 1983 by virtue of S.I. 1982 No.933 (C.26) (not reproduced).