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Interpretation Act

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Interpretation Act (with its variations) is a stock short title used for legislation in Australia , Canada , Hong Kong , Malaysia , New Zealand , the Republic of Ireland , Singapore and the United Kingdom relating to interpretation of legislation. The Bill for an Act with this short title will have been known as the Interpretation Bill during its passage through Parliament.

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34-590: Interpretation Acts may be a generic name either for legislation bearing that short title or for all legislation which relates to interpretation. Commonwealth States and territories Federal Provinces and territories Lord Brougham's Act has been described as an interpretation Act. Act of the Scottish Parliament Act of the Senedd Act of the Parliament of Northern Ireland Measure of

68-448: A white paper , which is a clear statement of intent. It is increasingly common for a small number of Government bills to be published in draft before they are presented in Parliament. These bills are then considered either by the relevant select committee of the House of Commons or by an ad hoc joint committee of both Houses. This provides an opportunity for the committee to express a view on

102-499: A clause providing that "This Act may be amended or repealed in the present session of Parliament". This was thought to be necessary because all acts of a session were passed simultaneously on the first day of that session until 1793, and the House of Commons had a rule by which decisions of the whole house could not be reversed in the same session. Section 1 of the act provided that acts of Parliament may be altered, amended or repealed in

136-429: A digest of the statutes, which was declared "very expedient to be done." However, this was never done. Several aspects of the statute law had become necessary to clarify. The Acts of Parliament Abbreviation Bill had its first reading in the House of Lords on 12 February 1850, presented by Henry Brougham, 1st Baron Brougham and Vaux . The bill had its second reading in the House of Lords on 18 February 1850 and

170-485: A few, if any, are passed each year. Parliamentary authorities maintain a list of all private bills before parliament . Hybrid bills combine elements of both public and private bill. While they propose to make changes to the general law, they also contain provisions applying to specific individuals or bodies. Recent examples are the Crossrail Bill, a hybrid bill to build a railway across London from west to east , and

204-503: A general change in the law. The only difference from other public bills is that they are brought forward by a private member (a backbencher) rather than by the government. Twenty private members' bills per session are allowed to be introduced, with the sponsoring private members selected by a ballot of the whole house, and additional bills may be introduced under the Ten Minute Rule . Financial bills raise revenue and authorise how money

238-557: A minimum consultation period of twelve weeks. Consultation documents are widely circulated (see for example the Home Office consultation on extreme pornography and the Scottish Government 's consultation on food policy ). The character of the consultation is shaped by the government's determination to press forward with a particular set of proposals. A government may publish a green paper outlining various legislative options or

272-531: A period of consultation will take place before a bill is drafted. Within government, the Treasury and other departments with an interest will be consulted along with the devolved administrations in Scotland, Wales and Northern Ireland. Outside government, interested parties such as trade unions , industry bodies and pressure groups will be asked for their views on any proposals. The Cabinet Office Code of Practice specifies

306-409: A process of consultation, the sponsoring department will send drafting instructions to parliamentary counsel, expert lawyers working for the government responsible for writing legislation. These instructions will describe what the bill should do but not the detail of how this is achieved. The Parliamentary counsel must draft the legislation clearly to minimise the possibility of legal challenge and to fit

340-469: A specifically named locality or legal person in a manner different from all others. Private bills are "usually promoted by organisations, like local authorities or private companies, to give themselves powers beyond, or in conflict with, the general law. Private bills only change the law as it applies to specific individuals or organisations, rather than the general public. Groups or individuals potentially affected by these changes can petition Parliament against

374-418: A sub-category of private acts, which confer specific rights or duties on a named individual or individuals, for example allowing two persons to marry even though they are within a "prohibited degree of consanguinity or affinity" such as stepfather and stepdaughter. Private bills, common in the 19th century, are now rare, as new planning legislation introduced in the 1960s removed the need for many of them. Only

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408-436: Is designed to keep the business of government and public affairs up to date. These bills may not be substantial or controversial in party political terms. Two sub-classes of the housekeeping bill are consolidation bills , which set out existing law in a clearer and more up-to-date form without changing its substance; and the tax law rewrite bills , which do the same for tax law. An Act of Parliament will often confer power on

442-508: Is referred to it shall be sufficient to cite the year of the reign, chapter and section, in reference to copies of the statutes by the Queen's Printer and the reports of the Commissioners of Public Records . Section 4 of the act provided that: Under common law , once an act was repealed it was treated as if it had never been treated, with the exception of acts past and closed. Section 5 of

476-791: Is spent. The best-known such bills are the normally annual Finance Bills introduced by the Chancellor of the Exchequer in the Budget . This usually encompasses all the changes to be made to tax law for the year. Its formal description is "a Bill to grant certain duties, to alter other duties, and to amend the law relating to the National Debt and the Public Revenue, and to make further provision in connection with finance". Consolidated Fund and Appropriation Bills authorise government spending. This type of bill

510-507: The 1976 Aircraft and Shipbuilding Industries Bill , which was a particularly controversial bill that was ruled to be a hybrid bill, forcing the government to withdraw some of its provisions to allow its passage as a public bill. Once passed, hybrid bills are printed as part of the public general acts. Parliamentary authorities maintain a list of all hybrid bills before parliament . It is important not to confuse private bills with private members' bills, which are public bills intended to effect

544-497: The House of Commons on 18 May 1850 and was committed to a Committee of the Whole House , which met and reported on 27 May 1850, without amendments. The bill had its third reading in the House of Commons on 1 June 1850 and passed, with amendments. The amended bill was considered and agreed to by the House of Lords on 3 June 1850. The bill was granted royal assent on 10 June 1850. Most acts of parliament would included

578-556: The King in Council , a minister , or another public body to create delegated legislation, usually by means of a statutory instrument . Bills may start their passage in either the House of Commons or House of Lords , although bills which are mainly or entirely financial will start in the Commons. Each bill passes through the following stages: Although not strictly part of the legislative process,

612-1082: The Statutes (Definition of Time) Act 1880 ( 43 & 44 Vict. c. 9) legally adopted Greenwich Mean Time throughout the island of Great Britain and Dublin Mean Time throughout Ireland . The act was repealed by the Interpretation Act 1889 ( 52 & 53 Vict. c. 63) and has since been superseded by other Interpretation Acts , including the Interpretation Act 1978 . Act of Parliament (United Kingdom) King Charles III [REDACTED] William, Prince of Wales [REDACTED] Charles III ( King-in-Council ) [REDACTED] Starmer ministry ( L ) Keir Starmer ( L ) Angela Rayner ( L ) ( King-in-Parliament ) [REDACTED] Charles III [REDACTED] [REDACTED] [REDACTED] The Lord Reed The Lord Hodge Andrew Bailey Monetary Policy Committee An Act of Parliament in

646-692: The United Kingdom is primary legislation passed by the UK Parliament in Westminster , London . An Act of Parliament can be enforced in all four of the UK constituent countries ( England , Scotland , Wales and Northern Ireland ). As a result of devolution the majority of acts that are passed by Parliament increasingly only apply either to England and Wales only, or England only. Generally acts only relating to constitutional and reserved matters now apply to

680-743: The Church Assembly Crown Dependencies Lord Brougham%27s Act The Interpretation Act 1850 ( 13 & 14 Vict. c. 21), also known as Lord Brougham 's Act , was an act of the Parliament of the United Kingdom that simplified the language that was used in statutes. The act devised the current system of dividing legislation into sections which are automatically substantive enactments, and also made various other provisions for interpreting other statutes. For example, it stated that

714-416: The act provided that where any act repealing in whole or in part any former act is itself repealed, such a repeal shall not revive the act or provisions repealed, unless expressly provided Section 6 of the act provided that whenever any act repealed in whole or part any former act by substituting provision(s), such provision(s) remain in force until the substituted provision(s) come into operation by force of

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748-586: The bill and propose amendments before it is introduced. Draft bills allow more lengthy scrutiny of potential legislation and have been seen as a response to time pressures which may result in the use of programme orders to impose a strict timetable on the passage of bills and what is known as 'drafting on the hoof', where the government introduces amendments to its own bills. With increased time for scrutiny backed up with considered evidence, draft bills may present governments with difficulty in getting their way. The sponsoring government department will then write to

782-512: The bill in with existing UK, European Union and delegated legislation. A finished bill must be approved or scrutinised by the sponsoring department and minister, parliamentary counsel and LP. The final stage is the submission of the bill to the authorities of the House in which it is to start its legislative journey. In the Commons, this is the Clerk of Legislation and the Public Bill Office in

816-542: The existing statute book . In 1806, the Commission on Public Records passed a resolution requesting the production of a report on the best mode of reducing the volume of the statute book. From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts. In 1816, both Houses of Parliament, passed resolutions that an eminent lawyer with 20 clerks be commissioned to make

850-440: The largest category of legislation, in principle affecting the public general law applying to everyone across the entire United Kingdom, or at least to one or more of its constituent countries of England , Northern Ireland , Scotland , or Wales . Most public general acts proceed through Parliament as a public bill. Occasionally a bill is treated as hybrid . Private acts are either local or personal in their effect, applying to

884-470: The last made act. This was designed to save words in commencement sections. Section 7 of the act provided that every act is a public act to be judicially noticed as such, unless the contrary is expressly provided by the act. Section 8 of the act provided that the act would take effect from and immediately after the commencement of the next session of parliament . The act was extended to former colonies, including New Zealand . In 1867, an amendment

918-470: The masculine includes the feminine (thus enabling "he" to be written instead of "he or she"), unless expressly indicated otherwise. In the United Kingdom , acts of Parliament remain in force until expressly repealed. Blackstone 's Commentaries on the Laws of England , published in the late 18th-century , raised questions about the system and structure of the common law and the poor drafting and disorder of

952-757: The proposed bill and present their objections to committees of MPs and Lords." They include acts to confer powers on certain local authorities, a recent example being the Canterbury City Council Bill, which makes provisions relating to street trading and consumer protection in the city. Private bills can also affect certain companies: the Northern Bank Bill allowed the statutory right of Northern Bank to issue bank notes to be transferred to Danske Bank which had acquired it. Other private bills may affect particular companies established by Act of Parliament such as TSB Bank and Transas. Personal acts are

986-482: The relevant policy committee of the Cabinet. The proposals are only discussed at a meeting if disagreements arise. Even an uncontroversial proposal may face administrative hurdles. A potential change in the law may have to wait for a more extensive bill in that policy area to be brought forward before it is worthwhile devoting parliamentary time to it. The proposal will then be bundled together with more substantive measures in

1020-480: The same Bill. The Ministerial Committee on the Legislative Programme (LP), including the leaders and government chief whips in both houses, is responsible for the timetable of legislation. This committee decides which house a bill will start in, recommends to the Cabinet which proposals will be in the King's Speech , which will be published in draft and how much parliamentary time will be required. Following

1054-426: The same session of parliament. Many acts of parliament, including this act, would prefix each section with a clause such as "And be it further enacted", "provided always" or "Provided always and it be enacted." Section 2 of the act provided that all acts shall be divided into sections, with each section deemed to be substantive enactment without introductory words. Section 3 of the act provided that where an act

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1088-410: The whole of the United Kingdom . A draft piece of legislation is called a bill . When this is passed by Parliament and given royal assent , it becomes an act and part of statute law . Acts of Parliament are classified as either "public general acts" or "local and personal acts" (also known as "private acts"). Bills are also classified as "public", "private", or "hybrid". Public general acts form

1122-437: Was committed to a Committee of the Whole House , which met and reported on 21 February 1850, without amendments. The bill was considered by the House of Lords on 21 February 1850, with amendments. The amended bill had its third reading in the House of Lords on 22 February 1850 and passed, without amendments. The bill had its first reading in the House of Commons on 13 May 1850. The bill had its second reading in

1156-558: Was debated and defeated to address concerns that the act could be used to make "man" apply to women in the Representation of the People Act 1867 ( 30 & 31 Vict. c. 102). A test case Chorlton v. Lings , encouraged by campaigner Lilly Maxwell , ruled that as the relevant legislation used the ambiguous term "man" instead used "male", women could not vote in British elections. In 1880,

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