Instrinsic Aids

Question 1

1. Long Title and Short Title

Answer 1

The first is the Long Title and Short Title which is the full title and the shortened title of an Act. It can be very helpful for interpretation as it sets out the purpose of the act.

It was used in Royal College of Nursing v DHSS to help interpret the Abortion Act 1967 (short title), whilst the long title is ‘an act to amend and clarify the law relating to termination of pregnancy by registered medical practitioners’.

Question 2

2. Preamble

Answer 2

Another is Preamble, which explains the area of the law covered by the act, common in older legislation.

For example, the permeable for the Theft Act 1968 states that it is ‘an act to modernise the law [..] as to theft’.

Question 3

3. Marginal Notes

Answer 3

Marginal Notes are those added to the act by the draftsperson and they may help with interpreting the law but are less important than the actual wording of the act. Because marginal notes are not written by parliament, they should not be regarded as the intentions of parliament in creating this law.

Question 4

4. Schedules

Answer 4

Schedules, in an act, contains additional information or examples of people or situations that the law applies to.

For example, the Marriage Act 1949 lists the Prohibited Degrees of relatives who cannot marry under schedule 1 of the act.

Question 5

5. Definition Sections

Answer 5

Definition Sections are contained in most acts that defines key terms used throughout.

For example, s4 of the Theft Act 1968 as ‘including money and all other property, real or personal, including things in action and other intangible property’.

Question 6

6. Other Sections

Answer 6

Other sections in the act may also aid in interpretation as they can set out common themes in application of the law.

For example, if a judge used s1-6 Theft Act 1968 to help with interpreting robbery under s8 of the act or burglary under s9.