Interpretation Act, 1923

JurisdictionIreland
CitationIR No. 46/1923


Number 46.


INTERPRETATION ACT, 1923.


ARRANGEMENT OF SECTIONS

Section

1.

Construction of certain general words in Acts.

2.

Meaning of certain official expressions in Acts.

3.

Meaning of certain geographical expressions in Acts.

4.

Meaning of certain judicial expressions in Acts.

5.

Meaning of certain general expressions in Acts.

6.

Meaning of the expression “rules of court”.

7.

Certain general rules for the construction of Acts.

8.

Date of passing and coming into operation of Acts.

9.

Marginal and other notes not part of Act.

10.

Acts to be judicially noticed, and sections to be substantive enactments.

11.

Rules of construction relating to the commencement of Acts.

12.

Construction of provisions as to exercise of powers and duties.

13.

Construction and effect of repeals of Acts.

14.

Construction of statutory rules, etc.

15.

Provisions as to offences under two or more laws.

16.

Acts may be repealed, etc., in the same session.

17.

Citation of Acts.

18.

Application of the Interpretation Act 1889.

19.

Short Title.


Acts Referred to

Irish Free State (Saorstát Eireann) Act, 1922

No. 1 of 1922

Comptroller and Auditor-General Act, 1923

No. 1 of 1923

Adaptation of Enactments Act, 1922

No. 2 of 1922


Number 46.


INTERPRETATION ACT, 1923.


AN ACT TO PRESCRIBE RULES FOR THE CONSTRUCTION OF ACTS OF THE OIREACHTAS, AND TO DEFINE THE MEANING OF CERTAIN WORDS AND EXPRESSIONS COMMONLY USED IN SUCH ACTS, AND FOR OTHER PURPOSES RELATING TO THE MEANING, CONSTRUCTION, AND OPERATION OF ACTS OF THE OIREACHTAS AND OF INSTRUMENTS MADE UNDER THE AUTHORITY THEREOF. [28th December, 1923.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

Construction of certain general words in Acts.

1.—(1) In this Act and in every Act passed after the commencement of this Act, unless the contrary intention appears—

(a) words importing the masculine gender shall include females:

(b) words in the singular shall include the plural, and words in the plural shall include the singular:

(c) the word ‘person’ shall include any body of persons corporate or un-incorporate:

(d) the word ‘month’ shall mean calendar month:

(e) the word ‘land’ shall include messuages, tenements, and hereditaments, houses and buildings, of any tenure:

(f) the words ‘oath’ and ‘affidavit’ shall, in the case of persons for the time being allowed by law to affirm or declare instead of swearing, include affirmation and declaration, and the word ‘swear’ shall, in the like case, include affirm and declare.

(2) In the construction of every enactment relating to an offence punishable on indictment or on summary conviction, the word ‘person’ shall, unless the contrary intention appears, include a body corporate.

Meaning of certain official expressions in Acts.

2.—In this Act and in every Act passed after the commencement of this Act, the following expressions shall, unless the contrary intention appears, have the meanings hereby respectively assigned to them, namely:—

(1) the expressions “the Constitution” and “the Constitution of Saorstát Eireann” shall mean the Constitution set forth in the First Schedule annexed to the Constitution of the Irish Free State (Saorstát Eireann) Act, 1922 (No. 1 of 1922):

(2) the expression “the Governor-General” shall mean the Governor-General of the Irish Free State (Saorstát Eireann) for the time being:

(3) the expression “the Comptroller and Auditor-General” shall mean the Comptroller of the Receipt and Issue of the Exchequer of Saorstát Eireann and Auditor-General of Public Accounts for the time being appointed under the Comptroller and Auditor-General Act, 1923 (No. 1 of 1923):

(4) the expression “the Executive Council” shall mean the Executive Council for the time being constituted and appointed in accordance with the provisions of the Constitution:

(5) the expressions “the President” and “the Vice-President” shall respectively mean the President and the Vice-President for the time being of the Executive Council:

(6) the expression “an Executive Minister” shall mean a Minister who is for the time being a member of the Executive Council:

(7) The expression “the First Dáil Eireann” shall mean the assembly of members of Parliament elected for constituencies in Ireland at a Parliamentary Election held on the 14th day of December, 1918, who first came together in a Parliament held on the 21st day of January, 1919, in the official residence of the Lord Mayor of Dublin called the Mansion House at Dublin, and there drew up and promulgated a provisional constitution for the said assembly as Dáil Eireann and Government of Saorstát Eireann:

(8) the expression “the Second Dáil Eireann” shall mean the assembly of members of Parliament elected for constituencies in Ireland at a Parliamentary Election held on the 13th day of May, 1921, who met as Dáil Eireann and Government of Saorstát Eireann in a Parliament held at Dublin in the Mansion House aforesaid on the 16th day of August, 1921:

(9) the expression “the Third Dáil Eireann” shall mean the assembly of members of Parliament elected by an Election held pursuant to a Resolution of the Second Dáil Eireann passed on the 20th day of May, 1922, and in manner particularly mentioned in an Act of the United Kingdom Parliament entitled “The Irish Free State (Agreement) Act, 1922,” in which Act the said Dáil Eireann is referred to as the House of the Parliament to which the Provisional Government shall be responsible being the constituent assembly which enacted the Constitution:

(10) the expression “the Treaty of 1921” shall mean the Articles of Agreement for a Treaty between Great Britain and Ireland signed at London on the 6th day of December, 1921, and subsequently approved and ratified by the Second Dáil Eireann and by the United Kingdom Parliament respectively, the text whereof is set forth in the Second Schedule to the Constitution of the Irish Free State (Saorstát Eireann) Act, 1922 (No. 1 of 1922):

(11) the expression “the United Kingdom Parliament” shall mean the Parliament of the late United Kingdom of Great Britain and Ireland:

(12) the expression “British Statute” shall mean an Act of the United Kingdom Parliament continued in force and effect in Saorstát Eireann by Article 73 of the Constitution:

(13) the expression “the Bank of Ireland” shall mean, as circumstances require, the Governor and Company of the Bank of Ireland or the bank of the Governor and Company of the Bank of Ireland.

Meaning of certain geographical expressions in Acts.

3.—In this Act and in every Act passed after the commencement of this Act, the following expressions shall, unless the contrary intention appears, have the meanings hereby respectively assigned to them, namely:—

(1) the expression “Saorstát Eireann” or its equivalent in English “the Irish Free State” when used for the purpose of defining the application of any law or the extent or incidence of any authority, obligation or imposition shall mean the area for the time being within the jurisdiction of the Parliament and Government of Saorstát Eireann:

(2) the expression “Northern Ireland” shall mean such part of Ireland as the powers of the Parliament and Government of Saorstát Eireann shall for the time being not extend to:

(3) the expression “Great Britain” shall mean England, Wales and Scotland:

(4) the expressions “England,” “Wales,” “Scotland,” “Ireland” and “Saorstát Eireann” shall respectively include the islands (other than the Channel Islands and the Isle of Man) adjacent to the coasts thereof.

Meaning of certain judicial expressions in Acts.

4.—In this Act and in every Act passed after the commencement of this Act, the following expressions shall, unless the contrary intention appears, have the meanings hereby respectively assigned to them, namely:—

(1) the expression “Supreme Court” shall mean the Supreme Court of Justice in Saorstát Eireann:

(2) the expression “High Court” shall mean the High Court of Justice in Saorstát Eireann:

(3) the expression “Circuit Court” shall mean the Circuit Court of Justice in Saorstát Eireann:

(4) the expression “District Court” shall mean the District Court of Justice in Saorstát Eireann:

(5) the expression “court of summary jurisdiction” shall mean a District Court:

(6) the expression “the Summary Jurisdiction Acts” shall mean, as respects the Dublin Metropolitan Police District, the several Acts for the time being regulating the powers and duties of District Justices and the police in that District, and as respects any other part of Saorstát Eireann, the Petty Sessions (Ireland) Act, 1851 , and all Acts past and future for the time...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT