Descrine The Intrinsic Aids To Statutory Interpretation Flashcards
What are intrinsic aids to statutory interpretation?
Intrinsic aids are found within the Act of Parliament that must be interpreted by the judge. They help the judge understand the meaning of the word or phrase in question.
How do Long and Short Titles assist in statutory interpretation?
A Long and Short Title in the Act may assist the judge. In Black Clawson, the judge said ‘it is the plainest of all guides’. In Royal College of Nursing v DHSS, the long title of the Abortion Act 1967 was referred to by 4 of the 5 judges when using the mischief rule: “An Act to amend and clarify the law relating to termination of pregnancy by registered medical practitioners”.
What is the purpose of interpretation sections in an Act?
Interpretation sections set out what meaning is to be given to a word or a phrase in an Act.
Can you provide an example of an interpretation section?
An interpretation section in the Sex Discrimination Act 1967 defines the word ‘woman’ as ‘a female of any age’. In the Theft Act 1968, the word ‘building’ is defined to include ‘an inhabited vehicle or vessel’, so would include a caravan or houseboat.
What are schedules in an Act?
Schedules are found at the end of an Act and provide extra details elaborating on the main sections of the Act.
Can you give an example of a schedule?
Schedule 2 of the Unfair Contract Terms Act 1977 outlines the tests for ‘reasonableness’. Schedule 1 of the Hunting Act 2004, which banned fox hunting, outlines types of hunting that are legal.
What is a preamble in an Act?
A preamble is found in older Acts and is an introduction paragraph before the main body of the Act which explains the purpose of the Act.
What is an example of a preamble?
The preamble in the Theft Act 1968 states that it is an Act ‘to modernise the law on theft’.
How can other sections in the Act assist in interpretation?
Other sections in the Act may help, as in Harrow v Shah and Shah when the court used another section in the National Lottery Act 1993 to decide that selling a lottery ticket to someone underage was a strict liability offence.
What role do headings and marginal notes play in statutory interpretation?
Headings before a group of sections and marginal notes explaining different sections may also be used. These don’t usually help decide the intention of parliament but are helpful comments put in by the printer.
