Statutory Interpretation The Technique of Statutory ... - Francis Bennion

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126 Part II — Statutory Interpretation International Ltd v Papierwerke Waldhof-Aschaffenberg AG [1975] AC 591, 647). Preamble The courts are reluctant to allow a preamble to override inconsistent operative provisions. Thus it was laid down by the House of Lords in A-G v Prince Ernest Augustus of Hanover [1957] AC 436 that the preamble should not be allowed to contradict plain words in the body of an Act. The recital of facts in the preamble to an Act does not amount to conclusive proof that the facts are true; but constitutes prima facie evidence of them (R v Sutton (1816) 4 M & S 532; A-G v Foundling Hospital [1914] 2 Ch 154; Dawson v Commonwealth of Australia (1946) 73 CLR 157, 175). Further evidence is then admissible (DFC of T (NSW) v W R Moran Pty Ltd (1939) 61 CLR 735). Since the preamble may be a guide to the legal meaning of an enactment, it is unsafe to construe the enactment without reference to the preamble; indeed to do so contravenes the informed interpretation rule. The repeal of a preamble by a Statute Law Revision Act does not affect the meaning of the Act (Powell vKempton Park Racecourse Co Ltd [1899] AC 143). Purpose clauses A purpose clause, which is an optional component of an Act, is an express statement of the legislative intention. When present, it is included in the body of the Act. It may apply to the whole or a part of the Act. An example is the Income and Corporation Taxes Act 1970, s 488(1): 'This section is enacted to prevent the avoidance of tax by persons concerned with land or the development of land.' Drafters tend to dislike the purpose clause, taking the view that often the aims of legislation cannot usefully or safely be summarised or condensed by such means. A political purpose clause is no more than a manifesto, which may obscure what is otherwise precise and exact. Moreover detailed amendments made to a Bill after introduction may not merely falsify the purpose clause but even render it impracticable to retain any broad description of the purpose. The drafter's view is that his Act should be allowed to speak for itself. (See Renton 1975, para 11.7.) Recitals A recital has the same function as a preamble, but is confined to a single section or other textual unit. It is so called because it recites some relevant matter, often the state of facts that constitutes the mischief the provision is designed to remedy. There may be recitals in this sense within a preamble. Or indeed they may occur anywhere else in an Act. The specialised use of the term however confines it to a statement beginning 'Whereas . . .' which forms the prefix to a distinct enactment. For example the Statute Law (Repeals) Act 1975, s 1(3) begins: 'Whereas this Act repeals so much of section 16(4) of the Marriage Act 1949 as requires a
Guides to Legislative Intention I: Rules of Construction 127 surrogate to have given security by his bond ..." and then goes on to release surrogates from their bonds. A recital in a private Act is strong but not conclusive evidence of the truth of what is recited (Wyld v Silver [1963] 1 QB 169, 187; Neaverson v Peterborough Rural Council [1901] 1 Ch 22). Short title When using the short title as a guide to legislative intention, it must be remembered that its function is simply to provide a brief label by which the Act may be referred to. As Scrutton LJ said: '. . . the short title being a label, accuracy may be sacrificed to brevity' (In re the Vexatious Actions Act 1886-in re Bernard Boaler [1915] 1 KB 21, 40). This does not mean that such limited help as it can give must be rejected, and judges not infrequently mention the short title as being at least confirmatory of one of the opposing constructions (eg Lonrho Ltd v Shell Petroleum Co Ltd [1982] AC 173, 187). Examples Where an Act includes examples of its operation, these are to be treated as detailed indications of how Parliament intended the enactment to operate in practice (Amin v Entry Clearance Officer, Bombay [1983] 2 AC 818). If however an example contradicts the clear meaning of the enactment the latter is accorded preference, it being assumed in the absence of indication to the contrary that the framer of the example was in error. Acts containing examples include the Occupiers Liability Act 1953, s 2(3) and (4), the Race Relations Act 1968, s 2(2), the Sex Discrimination Act 1975, s 29(2), and the Consumer Credit Act 1974, s 188 and Sched 2. Unamendable descriptive components An unamendable descriptive component of an Act is one which describes the whole or some part of the Act, and is not subject to any amendment (as opposed to a mere printing correction) when the Bill for the Act is going through Parliament. It is part of the Act, and may be used in interpretation so far as, having regard to its function, it is capable of" providing a reliable guide. The following are unamendable descriptive components: chapter number, date of passing, enacting formula, heading, sidenote or marginal note, punctuation, format. Chapter number The only significance of the chapter number for statutory interpretation is in determining which of two Acts receiving royal assent on the same date are to be treated as first in time. Thus where two Acts passed on the same day are inconsistent, the chapter numbers indicate which of them, being deemed the later, is to prevail. Where two or more Acts receive assent by the same letters patent, chapter numbers are allocated according to the order in which the short titles are set out in the schedule to the letters
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