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The Law Commission and The Scottish Law Commission (LAW COM. No. 21) (SCOT. LAW COM. No. 11) THE WTERPRETATION OF STATUTE§ Laid before Parliament by the Lord High Chancellor, the Secretary of Statefor Scotland and the Lord Advocate pursuant to section 3(2) of the Law Commissions Act 1965 Ordered by The House of Commons to be printed 9th June 1969 LONDON HER MAJESTY’S STATIONERY OFFICE Reprinted 1 9 7 4 256 4Op net The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law other than the law of Scotland or of any law of Northern Ireland which the Parliament of Northern Ireland has power to amend. The Commissioners are: The Honourable Mr. Justice Scarman, O.B.E., Chairman. Mr. L. C. B. Gower. Mr. Neil Lawson, Q.C. Mr. Norman S. Marsh, Q.C. Mr. Andrew Martin, Q.C. Mr. Arthur Stapleton Cotton is a special consultant to the Commission. The Secretary of the Commission is Mr. J. M. Cartwright Sharp, and its offices are at Lacon House, Theobald’s Road, London, W.C.l. The Scottish Law Commission was set up by section 2 of the Law Com- missions Act 1965 for the purpose of promoting the reform of the Law of Scotland. The Commissioners are: The Honourable Lord Kilbrandon, Chairman. Professor A. E. Anton. Professor J. M. Halliday. Mr. A. M. Johnston, Q.C. Professor T. B. Smith, Q.C. I The Secretary of the Commission is Mr. A. G. Brand, M.B.E. Its offices are at the Old College, University of Edinburgh, South Bridge, Edinburgh, 8. CONTENTS Page ALPHABETICAL TABLE OF ENACTMENTS . iv CHRONOLOGICAL TABLE OF ENACTMENTS . vi TABLE OF CASES . x Paragraphs Page I INTRODUCTION . 1-3 1 I1 THE SCOPE AND NATURE OF THE PROBLEM . 4 - 16 3 111 THE RELEVANCE OF COMPARATIVE MATERIAL 17 - 20 12 IV THE FUNCTION OF “RULES” AND “PRE SUMPTIONS ” IN INTERPRETATION . 21 - 39 14 (1) The Mischief Rule, the Golden Rule and the Literal Rule (i) Historical Development . 22 - 28 14 (ii) Criticism of the Rules . 29 - 33 17 (2) Presumptions . 34 - 39 21 V THE CONTEXTS OF A STATUTORY PROVISION 40 - 62 25 (1) The Context provided by the Statute . 41 - 45 25 (2) Contexts outside the Statute (i) Material other than Parliamentary History . 46 - 52 27 (ii) The Parliamentary History of an Act . 53 - 62 31 VI SPECIALLY PREPARED MATERIAL EXPLAIN- ING LEGISLATION . 63 - 73 38 VI1 TREATIES AND THE INTERPRETATION OF STATUTES. 74 - 76 44 VI11 THE INTERPRETATION OF DELEGATED LEGIS- LATION . 77 - 78 46 IX STJMMARY OF CONCLUSIONS AND RECOM- MENDATIONS . 79 - 82 48 APPENDIXA: Draft Clauses . 51 APPENDIXB: Organizations and Individuals who have given Advice or Information to the Law Commissions . 52 APPENDIXC: Selective Bibliography . 55 iii ALPHABETICAL TABLE OF ENACTMENTS Enactments Case Reference Paragraph Footnote Animals Order 1871 Gorris v. Scott (1874) 172 L.R. 9 Ex 125 Armed Forces Act 1966 - 155 Building Regulations Riddell v. Reid 75 (S.R. & O., 1926 No. 738) 1942S.C. (H.L.) 51 ; sub nom. Potts or Riddell v. Reid [1943] A.C.1 Building (Safety, Price v. Claudgen Ltd. 15 Health and Welfare) 1967 S.C. (H.L.) 18. Regulations, S.I. 1948, No. 1966 S.L.T.; [19671 1145, Regs. 2(1) and 24(1) 1 W.L.R. 575 Lawson v. J. S. Harvey & Co. Ltd. 1968 S.L.T. (Sh. Ct.) 24 Carriageby Air Act 1932 Samuel Montagu and Co. 24 Ltd. v. Swiss Air Transport Co. Ltd. [1966] 2 Q.B. 306 Carriage of Goods by Brown & Co. v. T. & J. 54 Sea Act 1924 Harrison (1927) 96 L.J. K.B. 1025 Civil Aviation Act 1949, s.8 157 Consumer Protection Act 93 1961, s.3(1) Contagious Diseases Gorris v. Scott (1874) 172 (Animals) Act 1869 L.R. 9 Ex 125 Copyright Act 1956, Warwick Film Productions 34 s.20(4) Ltd. v. Eisinger and Others [1967] 3 W.L.R. 1599 Customs and Excise Salomon v. Commissioners 24 Act 1952, s.258(1) of Customs and Excise and Schedule 6, [1967] 2 Q.B. 116 paras. l(1) and 2 Dangerous Drugs Act 148 1964, s.g(l)(b) Dangerous Drugs Act Sweet v. Parsley 91 1965, s.5(b) 1196812 W.L.R. 1360; 148 [1969] 2 W.L.R. 470 Factories Act 1937, Carr v. The Decca Gramophone 82 s.130(2) Co. Ltd. [1947] K.B. 728 Factories Act 1948, s.10 - 82 Factories Act 1961, Wright v. Ford Motor Co. 82 ss.14(1), 143, Ltd. [1967] 1 Q.B. 230 155(1)and 155(2) Factory and Workshop Riddell v. Reid - Act 1901 1942 S.C. (H.L.) 51; sub nom. Potts or Riddell v. Reid [1943] A.C.1 Finance Act 1920, Assam Railways and 15 s.27(1) as amended Trading Company Ltd. by Finance Act 1927 v. Commissioners of Inland Revenue [1935]-A.C. 445 iv ALPHABETICAL TABLE OF ENACTMENTS-continued Enactments Case Reference Paragraph Footnote Finance (No. 2) Collco Dealings Ltd. v. 166 Act 1955, s.4(2) Inland Revenue Commissioners [1962] A.C. 1 Income Tax Act 1952, Bourne v. Norwich 13 ss.266 and 271 Crematorium Ltd. [1967] 1 W.L.R. 691 Interpretation Act 1888 - (New Zealand) Interpretation Act 1889 - Interpretation Act - (" Acts Interpretation Act ") 1924, s.56) (New Zealand) Interpretation Act 1952, 79 s.15 (Canada) Interpretation Act 178 (Northern Ireland) 1954 Interpretation Act 1960, 81 s.19 (Ghana) Interpretation and i78 General Clauses Ordinance 1966 (Hong Kong) Interpretation Act 1967, 79 ss.10 and 11 (Canada) Interpretation Act 1967, 176 s.8(5) (Nova Scotia) Law of Property Act 1925, Beswick v. Beswick 124 s.56 [1968] A.C. 58 Limitation Act 1963 Cozens v. North Devon - Hospita1 Management Committee; Hunter v. Turners (Soham) Ltd. [I9661 2 Q.B. 318 Locomotives on Highways Phillips v. Britannia 172 Act 1896 Hygienic Laundry Co. Ltd. [1923] 2 K.B. 832 Maintenance Orders R. v. Wilson Ex parte 148 Act 1950, s.27(2) Pereira [I9531 I Q.B. 59 Medicines Act 1968, - 93 s.133(2) Motor Cars (Use and Phillips v. Britannia 172 Construction) Order Hygienic Laundry Co. 1904 Ltd. [1923] 2 K.B. 832 National Insurance Decision No. R(G) 3/58 of 170 (Claims and Payments) 15 May 1958 of a Amendment Regulations Tribunal of National 1957, S.I. No. 578, Reg. 3 Insurance Commissioners Official Secrets Act 1920, R. v. Oakes [I9591 - s.7 2 Q.B. 350 Poor Law Amendment Whiteley v. ChappeIl 66 Act 1851, s.3 (1868) L.R. 4 Q.B. 147 V L.C.--I. ALPHABETICAL TABLE OF ENACTMENTS-continued Enactments Case Reference Paragraph Footnote Prevention of Accidents London and North-Eastern 30 15 Rules 1902, Rule 9 Railway Company v. 40 Berriman 119461A.C. 278 62 Protection of Birds Partridge v. Crittenden - 66 Act 1954, s.6(1) [1968] 1 W.L.R. 1204 and Schedule 4 Radioactive Substances 93 Act 1960, s. 19(5)(a) Representation of the 93 People Act 1949, ssSO(2) and 51(2) Resale Prices Act 1964, 93 s.4(2) Restriction of Offensive Fisher v.Bell 119611 - 66 Weapons Act 1959, s.l(l) 1 Q.B. 394 Restriction of Offensive 66 Weapons Act 1961 RestrictiveTrade Practices 93 Act 1968, s.7(2) Sex Disqualification Viscountess Rhondda’s - 153 (Removal) Act 1919, s.1 Claim [1922] 2 A.C. 339 Territorial Waters Order Post Office v. Estuary 12 35 in Council 1964 Radio Ltd. 166 [1968]2 Q.B. 740 175 Trade Disputes Act 1906, Rookes v. Barnard - 152 s.3 [I9641A.C. 1129 Water Resources Act - - 93 1963, s.l35(8)(a) Workmen’s Compensation - 55 135 Act 1897, s.l(l) CHRONOLOGICAL TABLE OF ENACTMENTS Date Enactments Case Reference Paragraph Footnote 1851 Poor Law Amendment Whiteley v. Chappell - 66 Act (14 and 15 (1868) L.R. 4 Q.B. Vict., c.105), s.3 147 1869 Contagious Diseases Gorris v. Scott (1 874), - 172 (Animals) Act L.R. 9 Ex. 125 (32 and 33 Vict. c.70) 1871 Animals Order Gorris v. Scott - 172 (see above) 1888 Interpretation Act - 33 - (52 Vict. No. 15) (New Zealand) 1889 Interpretation Act - 77 - (52 and 53 Vict. c.63) 82 1896 Locomotives on Highways Phillips v. Britannia - 172 Act (59 and 60 Vict. Hygienic Laundry c.38) Co. Ltd. [1923] 2 K.B. 832 1897 Workmen’s Compensation - 55 135 Act (60 and 61 Vict., c.37), s.l(l) vi CHRONOLOGICAL TABLE OF ENACTMENTS--continued Date Enactments Case Reference Paragraph Footnote 1901 Factory and Workshop Riddell v. Reid 32 - Act (1 Edw. 7, c.22) 1942, S.C. (H.L.) 51; sub nom. Potts or Riddell v. Reid [1943]A.C. 1 1902 Prevention of London and North- 30 15 Accidents Rules Eastern Railway 40 (S.R. and 0. 1902 Company v. Berriman 62 No. 616), Rule 9 [1946] A.C. 278 1904 Motor Cars (Use and Phillips v. Britannia - 172 Construction)Order Hygienic Laundry Co. (S.R. and 0. 1904 Ltd. [1923] 2 K.B. No. 315) 832 1906 Trade Disputes Act Rookes v. Barnard - 152 (6 Edw. 7, c.47), s.3 [1964] A.C. 1129 1919 Sex Disqualification Viscountess Rhondda’s - 153 (Removal) Act (9 Claim [1922] 2 A.C. and 10 Geo. 5, 339 c.71), s.1 1920 Finance Act (10 and Assam Railways and 50 15 11 Geo. 5, c.18), Trading Co. Ltd. s.27(1) as amended v. Commissioners of by Finance Act 1927 Inland Revenue (17 and 18, Geo.
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