An introduction to interpretation of Statutes

1. BY
SYED MUHAMMAD IJAZ, FCA,
LL.B.

2. • A statute is simply the will of the legislature
• The function of the court is to interpret the statute according to
the intent of them that made it
• Courts are bound to endeavor to place some meanings upon
words used in statutes. In so doing it gives effect, as the
judges have repeatedly declared, to the intention of the
Parliament, but it may only elicit that intention from the actual
words of the statute.
• There is one rule of interpretation for statutes and other
documents that you must not imply anything in them which in
inconsistent with the words expressly used
• If language is clear and explicit, the court must give effect to it,
“ for in that case the words of the statute speak the intention of
the Legislature”
• The function of the court is jus dicere, not jus dare
• The words of the statute must not be overruled by the courts
but the reforms in the law shall be left in the hands of the
parliament

3. • Generally statutes are cited by their short titles or more
precisely by the year and their passing and their chapter
numbers.
• After the title the date on which statute receives the royal
assent is inserted and the statute is assigned a Chapter
number
• Normally statutes are numbered serially throughout the
year
• Acts are of following kinds;
• Public Acts form series one and are numbered in large Arabic
characters
• Provisional order confirmation Acts and Local Acts form a second
series and are numbered in small Roman characters
• Personal Acts form third series and are numbered in small

4. • Statutes are either Public or Private
• Public Statutes relate to some public matter and do not
have to formally be proved before a court of Law
• Private Acts on the other hand are construed in more
restrictive spirit than public statutes and must be proved
through exemplification, transcript, or an examined or
certified copy of the original from the Record Office or the
Clerk of the Parliament.

5. • All Acts have both long and short titles.
• The long title is set out at the head of the statute and gives a
fairly full description and general purpose of the Act.
• The modern view is that the Title is an important part of the
statute and can be referred to as an aid in the construction of
an act/Statute.
• Long title normally starts in these word “An Act to provide
security for the tenure for occupying tenants under certain
leases of residential property at low rents”
• Long title though can be looked at for resolving an ambiguity
yet it may not be looked at to modify the interpretation of plain
language.
• Short title is generally found in a section near the end of the
Act.
• Short title may not be taken into account in constructing a
statute.
• Short titles is normally applied solely for the purpose of facility

6. • It defines the main objects of the Act and are considered
as an aid in interpretation of statutes
• Preambles are however, same in weight as of enacting
provisions
• Where there are obscure or vague enacting word, it is
then you have to look into the preamble to resolve that
issue
• If the enacting words are able of one construction, that
construction will receive the effect even if it is in
consistent with the preamble

7. • These are normally printed at the side of the Act with a
view to help to summarize the effect of the section
• Notes are not the part of the statute therefore, should not
be considered in construction of the statute.
• Headings are regarded as preambles of the sections
• Heading cannot control the plain words of the statute but
they may explain ambiguous words.
• A heading of one group of sections cannot be used as an
aid for interpretation of another group of sections.

8. • They are as much part of an Act as any other
part can be
• They can be used in constructing provision in the
body of the Act
• Similarly, provisions in a schedule will be
construed in the light of what is enacted in the
sections
• Within a schedule ambigous words may be
constructed by reference to the cross-headings

9. • Punctuation is disregarded in construction of the
statutes
• The irrelevance of punctuation has two
consequences;
• First-A provision in the statute must be read as
though the punctuation which appears on the face of
the Act were omitted.
• Secondly- When it is necessary to give a provision
particular construction which is at variance with the
way in which the section is punctuated, it may be
read as though there were in fact punctuation where
non appears on the face of the Act.

10. • Statutes take effect without promulgation or other
proclamation, and as soon the parliament has concluded
any thing, the law presumes every person has notice of it
at once.
• Suppose by legal fiction according to which the whole
session of the Parliament was regarded as having being
held on its first day, statute were, in the absence of
provision to the contrary, constructed as taking effect
from the first day of the session.
• Where a Bill to continue an Act which is to expire in the
same session does not receive the Royal Assent unitll
the Act has expired, the continuing Act, shall effect from
the date of expiration, except that in does not affect any
person with any punishment for any breach of the Act so
continued between the expiration of the earlier and the

11. • There is no doctrine of desuetude in English Law
• The common law rule was that if an Act expired or was
repealed it was regarded, in the absence of provision to the
contrary, as having never been existed, except as to matters
and transactions past and closed.
• Under section 38(2) of the Interpretation Act such repealing
Acts are , unless the contrary intention appears, not to
• (b) Affect the previous operation of any enactment so repealed or
anything duly done or suffered under any enactment so repealed or
• © Affect any right, privilege, obligation or liabilility acquired, accrued ,
or incurred under any enactment so repealed or
• (d) Affect any penalty, forfeiture, or punishment incurred in respect of
any offence committed against any enactment so repealed or
• (e) Affect any investigation, legal proceding or remedy in respoct of
any such right, privilege, obligation, liability, penalty, forfeiture, or
punishment as afore said.

12. • When an Act is repealed, any delegated legislation made
under the Act falls to ground with the statute unless it is
expressly preserved
• Where the subordinate legislation is continued in force,
however, the general rule is that its scope and construction are
determined according to the repealed Act under which it was
made
• Where an Act passed after 1850 repeals another in whole or in
part and substitutes some provision or provisions in lieu of that
is repealed, the repealed enactment continues in force until
what has been substituted comes into operation
• When the interpretation Act or any Act passed after its
commencement repeals and re-enacts, with or without
modification, any provisions of a former Act, references in nay
other Act to the provisions so repealed are, unless the contrary
intention appears, to be construed as references to the
provisions so re-enacted.

13. • Where an Act is repealed and the repealing enactment is
then repealed by another, which manifests no intention
that the original Act shall continue repealed, the common
law rule was that the repeal of the second Act revived the
first ab-initio
• This view was altered in 1850 and now “repeals a
repealing enactment, it shall not be construed as reviving
any enactment previously repealed unless words are
added reviving that enactment

14. • A consolidating statute is one which collects the statutary
provisions relating to a particular topic, and embodies
them in a single Act of parliament, making only minor
amendments and improvements

15. • A codifying statute is one which purports to state
exhaustively the whole of the law upon a particular
subject, the draftsman attempting to subsume in his code
both the pre-existing provisions (as in a consolidating
Act) and also the common law rules relating to the
matter.
• A codifying Act is approached in quite a different spirit
from consolidating Act.