Instrinsic Aids Flashcards
What are intrinsic (internal) aids in statutory interpretation?
Intrinsic aids are elements found within the Act of Parliament itself that help the judge understand the meaning of words or phrases in the Act.
What role do the long and short titles of an Act play in interpretation?
The long and short titles can assist in understanding the purpose of the Act, as they provide a summary of what the Act is about.
In Black Clawson, the long title was referred to as the ‘plainest of all guides.’
How was the long title used in Royal College of Nursing v DHSS?
The long title of the Abortion Act 1967, which aimed to amend and clarify the law on pregnancy termination, was referred to by 4 out of 5 judges when using the mischief rule.
What is the purpose of an interpretation section in an Act?
An interpretation section defines the meaning of specific words or phrases used in the Act.
For example, in the Sex Discrimination Act 1967, the word ‘woman’ is defined as ‘a female of any age.’
How does an interpretation section help in the Theft Act 1968?
The interpretation section of the Theft Act 1968 defines ‘building’ to include ‘an inhabited vehicle or vessel,’ thus expanding the scope to include structures like caravans or houseboats.
What are schedules in Acts of Parliament?
Schedules are found at the end of an Act and provide additional details that elaborate on the main sections.
For example, Schedule 2 of the Unfair Contract Terms Act 1977 outlines the tests for ‘reasonableness.’
What was outlined in Schedule 1 of the Hunting Act 2004?
Schedule 1 of the Hunting Act 2004 outlines types of hunting that are legal, as part of the Act banning fox hunting.
What is a preamble in an Act, and how is it used?
A preamble is an introduction paragraph found in older Acts that explains the purpose of the Act. Modern Acts either have no preamble or a very brief one.
For example, the Theft Act 1968 has a preamble stating it is to ‘modernise the law on theft.’
What role do other sections of an Act play in interpretation?
Other sections of the Act can be used to help interpret specific provisions.
For example, in Harrow v Shah and Shah, another section of the National Lottery Act 1993 helped interpret the section about selling lottery tickets to underage individuals.
How are headings and marginal notes used in interpretation?
Headings before groups of sections and marginal notes explaining sections can help clarify the meaning, but they are generally not used to decide the intention of Parliament. They are considered helpful comments added by the printer.
