Reading, Interpreting and Understanding Legislation Lecture

Reading and Interpreting Legislation

- Content
o Statute title
o Citation
o Long title
o Date of Royal Assent
o Sections – S2 or ss2 & 5, subsection S1(1), paragraphs S1(1)(a), subparagraphs S4(20)(B)(iii)
o Large grouping are in parts
o Section headings, marginal notes and sometimes an index – very handy with large statutes
- May also contain:
o Enacting formula
o Textual amendments and annotations – WestLaw gives up to date statutes – current law annotates –
commentary about the statutes – often can include relevant case law – not appropriate for exam
purpose
o Date of commencement – when the act comes into force – may be on different days
o Schedules and Tables – paragraphs and subparagraphs

Statutory Interpretation
- Meaning?
o Statutory interpretation is the process by which courts interpret and apply legislation
- Reasons?
o Words can be ambiguous and change in meaning over time
o Unforeseen situations are inevitable, and new technologies and cultures may make application of
existing laws difficult
o Uncertainties may be added to the statute in the course of enactment, such as the need for compromise
or catering to special interest groups

Different Traditions
- UK tradition:
o Focuses on the intention of Parliament
o The words of the Act are the prime material and no need to look at anything else (albeit now with
some significant exceptions)
- EC tradition:
o More purposive, with a positive invitation to look at other texts
o Teleological approach

Statutory Interpretation Rules

- Primary Techniques
o In the UK it is misleading to think of ‘rules’ of statutory interpretation
o Judges use varying approaches in a manner which is more art than science
o Judges will be flexible in their approach
- Literal Rule
o Based on the assumption that the words chosen by Parliament for inclusion in the Act shows its
intentions. Do not go looking for what it might mean
o Fisher v Bell [1961] 1 QB 394 1959 Act made it an offence to ‘sell or hire or offer for sale or hire’
certain weapons such as flick knives - was placing a flick knife in a window with a price tag an
offence?
- Golden Rule
o The golden rule is best described as an adaption of the literal rule. Read the word in question in the
context of the Act as a whole
o “… we are to take the whole statute together and construe it all together, giving the words their
ordinary signification unless when so applied they produce an inconsistency, or an absurdity or
inconvenience.” River Wear Commissioners v Adamson (1876-77) 2 App Cas 743
- Mischief Rule (or the rule in Heydon’s Case (1584) 76 ER 637)
o Stresses the need to interpret an enactment in such a way as to give effect to its objectives BUT it is in
a narrower context i.e. common law prior to the Act
 o Arguably now no real distinction between the mischief and golden rule and possible to argue that both
have been subsumed within a more purposive approach
- Purposive Rule
o A more modern and generally more common approach
o Give the words a meaning which is consistent with the general purpose of the section, taking into
account the social, economic or political context of the prevision
 E.g. Fitzpatrick v Sterling HA Ltd [2001] 1 A.C. 27; could the work “family” in a 1977 Act
be read to include a same sex couple in 2001?

Secondary Aides to Interpretation

- Secondary aides
o The title of the Act
o Inclusory words and lists
o “For the purposes of this Act references to sending include delivering, causing to be sent or
delivered, transferring and posting”
o Does this include ‘handing out’ or ‘distributing’?
o Coltman v Bibby Tankers [1988] AC 276, is a ship “equipment”?
o Purposive approach, but not open ended
- Expression unius est exclusion alterius (“the express mention of one thing excludes all others”)
o Items not on the list are assumed not to be covered by the statute. However, sometimes a list in a
statute is illustrative; not exclusionary. This is usually indicated by a word such as “includes” or “such
as”
- Eiusdem Generis
o What happens when an Act uses a generic but non-exhaustive list?
o “Henceforth a licence shall be required to keep dogs, cats and other animals”
o Does this include a cow?
o Look at the genus which the categories have in common
- Noscitura Sociis
o A thing is recognised by its associates
o Aka the statute must be read as a whole –
o i.e. where a word or phrase may have more than one possible meaning it should be interpreted in light
of the words or phrases around it
- Other statutes
o A word defined in one Act can be given the same meaning as used in an earlier Act if in pari materia
(same subject matter)
- Punctuation, Marginal Notes, Explanatory Notes
- Use of Hansara
o Rise and fall of Pepper v Hart [1993] A.C. 593
- Human Rights