Reading And Interpreting Statutes Flashcards
Short title:
The short title is the normal way in which to refer to a statute. Sometimes, the Short Title is actually quite long, and can be abbreviated further.
Long Title and preamble:
The long title of an Act gives an indication as to its purpose and content. The date the Act received Royal Assent will then be given.
Enacting Formula:
The enacting formula introduces the main provisions of the statue. It declares that the law derives its authority from having been properly passed by the legislature. This enacting formula is generally the same.
Main Body:
After the enacting formula the main body of the Act follows
Sections, Sub-sections, Paragraphs, sub-paragraphs:
Sections are the basic ‘building blocks’ of an Act and are numbered sequentially. They have a logical structure and allow for precise identification of provisions within the Act. Each section in an Act could have a particular heading. Headings give some indication of the content of a particular section, but are not helpful in resolving matters of interpretation.
Marginal Notes:
May be found throughout the Act. They appear in the margins of the Act of Parliament but do not form part of the Act. They give a brief indication of the section or subsection against which they appear.
Interpretation Sections:
These are identified by a marginal note. They may appear anywhere in the Act, but usually appear at the end of the Act. They specify the meanings of words and phrases for the purposes of the Act, but are NOT definitions.
Repeals and Amendments:
Acts of Parliament continue in force unless repealed or amended. There are exceptions to this, for example where there is a terminal date specified. UK Acts commonly repeal or amend earlier Acts. There are two methods of amendment, direct and indirect. Direct repeal is where an Act directly specifies that an earlier Act is to be repealed. Indirect repeal is where a newer Act contradicts an older Act – the older Act is treated as being repealed. These commonly appear at the end of a statute.
Transitional Provisions:
Where a UK Act is repealed or amended, transitional provisions preserve old powers to deal with litigation in progress. They are often found in a Schedule.
Commencement Provisions:
Acts commence on the date of Royal Assent unless specified otherwise. They are found in a commencement section at the end of the Act. In their simplest form, they set a specific commencement date, but they may specify a specific period after Royal Assent. They may specify that the Act commences at the same time as another Act, through delegated legislation (a commencement order). Sometimes, sections of an Act can be brought into force on different days. Acts can also use a mixture of commencement methods.
Short title provision:
The short title of the Act is also given by a provision at the end of the Act.
Extent Provisions:
The extent provisions detail the geographical extent of the Act (whether it applies to the UK, England and Wales, Scotland, NI).
Schedules:
Many Acts of Parliament contain Schedules. Schedules have equal force to the sections of the main Act. They are a convenient means of setting out matters of detail, and allow for more detailed provisions to be included in an Act.
