uSING LEGISLATION

Question 1

Anatomy of an act of parliament

Answer 1

• short title explains how to refer to act
• Citation: year and chapter (c)
• Long title:
• date of royal assent:
• Enacting formula:
• main body:
• marginal notes:

Question 2

short title (Act)

Answer 2

explains how act should be referred

Question 3

Long title (act)

Answer 3

explains the act and its provisions briefly

Question 4

date of royal assent (act)

Answer 4

date when bill became an act and law

Question 5

Enacting formula (act)

Answer 5

Usually the same, states act was created by proper authority
DIFFERS if the act was forced by HOC and without HOL.

Question 6

Main body (act)

Answer 6

Divided into sections, subsections, paragraphs and subparagraphs

Question 7

marginal notes (act)

Answer 7

Older acts and have titles of each sections

Question 8

difference between marginal acts and section headings (act)

Answer 8

• section heading are a part of the act
• marginal notes are not and so have no leal effect

Question 9

commencement and expiry (act)

Answer 9

Date of royal assent: commencement provision, found towards the end of act, can separate the sections and when they became law

Question 10

Extent provisions of an act

Answer 10

specifies that certain provisions only come into force in particular areas.

Question 11

Schedules (act)

Answer 11

can contain:
- defintion of terms
detailed provisions referred to in the main act
- details. of minor and consequential amendments to other legislation
- repeals of pre-existing legislation

Question 12

Preambles (act)

Answer 12

Contained in older statutes
describe the purpose of the act in more detail than the long title.

Question 13

explanatory notes (act)

Answer 13

recent acts provide useful information but are not binding

Question 14

anatomy of statutory instrument

Answer 14

citation
subject matter
title
key dates
authority
main body: paras + articles (if older)
Minister
Explanatory note

Question 15

How to interpret statutory provision

Answer 15

The literal rule
The golden rule
The mischief rule
(‘classic rules’)
The purposive approach
The teleological approach

Question 16

Literal rule

Answer 16

words must be given their plain, ordinary and literal meaning
- can lead to absurdities
- expects acts to be perfectly drafted
- failure to apply to modern world.
- little judicial scope: how judge interprets words
whittley v chappel: impersonation of dead person and right to vote

Question 17

The golden rule

Answer 17

words given their plain, ordinary and literal meaning as long as it doesnt result in absurd results (narrow) or against public policy (broad)
R v Allen: narrow approach (marrying more than one person)
Re Sigsworth: public policy (broad), Sigsworth killed dad to get insurance payout.

Question 18

The mischief rule

Answer 18

Heydon’s case
examination of former law in an attempt to find Parliaments intentions when passing the act
applies only where the words of statute are ambiguous.

Question 19

4 questions of mischief rule

Answer 19

• what did case law say before Parliament stepped in
• What was wrong with the case law? What situation did it not cover?
• What did Parliament say should be done?
• Why did they think this should be done?

Question 20

The purposive approach

Answer 20

seeking an interpretation of the law which ives effect to its general purpose.
‘they must do what the framers of the instrument would have done if they had thought about it’ - Lord Denning, Bulmer v Bollinger

Question 21

The teleological approach

Answer 21

spirit of the legislation is considered. BROADER THAN PUrPOSIVE
particularly important when referring to EU law

Question 22

Rules of language

Answer 22

Ejusdem Generis
noscitur a sociis
expressio unius est exclusio alterius

Question 23

Ejusdem generis

Answer 23

‘of the same type’
where a word with general meaning is followed by a list of specific words, the general word only applies to things of the same type as the specified words.
‘hats, coats, scarves, gloves and other articles’
‘other articles’ would be outdoor accessories.

Question 24

noscitur a sociis

Answer 24

‘known by the company it keeps’
words in a list take thier meaning from other words in the list
Pengellery v Bell punch: floors= did not include part of factory floor used for storage since the other words related to passageways.

Question 25

expressio unius est exclusio alterius

Answer 25

express one thing is to exclude the others
a list of specific things may be interpreted as excluding others of the same type.
R v Inhavitant of Sedgley: tax levied on ‘houses, lands, tithes and coal mines’ does not apply to limestone mines.

Question 26

Intrinsic aids to interpretation

Answer 26

-short title
- longtime
- preamble
- marginal notes
- punctuation
- shedules

Question 27

Extrinsic aids to interpretation

Answer 27

• The interpretation act 1978
• dictionaries
• previous interpretations of the same words
• hansard, reports of recommendations from law commission and government departmental committees(ONLY PERMITTED UNDER RULES FROM PEPPER V HART)