Intrinsic Aids Flashcards
What are Intrinsic Aids ?
These are matters within the statute itself that may help to make its meaning clearer
What are 4 examples of intrinsic aids?
- Long and short title of the act
- Section headings
- Preamble
- Marginal Notes
What type of statutes usually have a preamble?
older statutes
What do older statutes preamble set out?
Parliament’s purpose in enacting that statute
Do modern statutes have a preamble?
they either do not have a preamble or contain a very brief one
What is an example of a modern Act which has a preamble?
the Theft Act 1968
The Theft Act 1968 is an example of a modern Act which is a preamble, what does it state ?
states that it is an Act to modernise the law of theft
What do preambles in older Acts help mind ?(2)
-the mischief
or
-the purpose
In the cases of modern Acts , why is it more useful to look at the long title than a brief preamble ?
as the preamble are of limited use as they are so brief
What do marginal notes explain?
They explain different sections
What are marginal notes generally regarded as?
Parliaments intention as they will have been inserted after the parliamentary debates and are only helpful comments put in by the printer
Who inserts marginal notes?
the draftsman
When does the draftsman insert marginal notes?
when the Act goes for printing
Why does the draftsman insert marginal notes when the Act goes for printing?
it is intended as a useful reference to aid interpretation
What should be followed when contradictions exist between the actual wording of the statute and the marginal notes?
the wording of the Act should always be followed
What 2 types of intrinsic aids are inserted by the draftsman?
- marginal notes
- headings
What is the present law on marginal notes, headings and similar elements. set out in the Interpretation Act 1937?
courts are excluded from examining the marginal notes, headings and other similar elements of an Act in the interpretation of one of its provisions.
What Act excludes marginal notes, headings and other similar elements of an Act in the interpretation of its provisions?
Interpretation Act 1937
Although the Interpretation Act 1937 excludes marginal notes, headings and other similar elements of an Act in the interpretation of one of its provisions, how can the courts use them?
marginal notes would be of assistance to the courts in establishing the context of a provision
How can the long title in an Act be used as an Intrinsic Aid?
The long title can be used to give clues as the meaning of words used in the Act
Give an example of an Act where the long title as opposed to the short title could be used to give clues as the meaning of words used in the Act ?
An example is the Law of Property Act 1925 where the short title gives very little away. The long title is rather more useful is stating that it is, ‘An act to consolidate the enactments relating to Conveyancing and The Law of Property in England and Wales’
What was the long title of the Law of Property Act 1925?
“an act to consolidate the enactments relating to Conveyancing and the Law of Property in England and Wales”
should punctuation be an intrinsic aid?
Punctuation can and should be taken into account by judges in interpreting statutes
What do schedules provide as an intrinsic aid?
Schedules provide additional information or appendices to be considered in relation to an Act.
Give an example of a case where schedules were used as an intrinsic aid
The Postal Services Act 2000 contained a schedule describing the composition and appointment procedures relating to the new Postal Services Commission
What did the schedule in the Postal Services Act 2000 describe?
the composition and appointment procedures relating to the new Postal Services Commission
What is an example of an old preamble which gives further information about the purposes of the Act ?
the Parliament Act 1911
