BENNION ON STATUTORY INTERPRETATION ... - Francis Bennion

BENNION ON STATUTORY INTERPRETATION
Fifth Edition Updating Notes (Version 24, 25 Mar 2010)
Citing Code s 199, the Chancellor of the High Court referred in Revenue & Customs v Premier
Foods Ltd. [2007] EWHC 3134 (Ch) at [18] to „the well recognised canon of construction that
an enlarging definition does not normally affect the width of the term being enlarged‟.
In Moweno Pty Ltd v Stratis Promotions Pty Ltd [2003] NSWCA 376 at [61] a definition in the
form „means and includes‟ was classified as an enlarging definition.
An example of an enlarging definition (see pp 573-574) which gives an unexpected meaning
for a term is provided by the Female Genital Mutilation Act 2003 s 6(1). This bleakly says „Girl
includes woman‟. The practice dealt with by the Act is commonly inflicted on girls around the
age of seven, so the drafter uses „girl‟ rather than „woman‟ throughout the Act. This overlooks
the potency of the term defined (see pp 562-564), which could give the defence an argument if
the victim were a woman of advanced years.
Section 200. The Interpretation Act 1978
Page 576 Relevant Index entry: Interpretation Act 1978:general
Commenting on the sentence on p. 576 „An Interpretation Act does not operate in such a way as
to change the essential effect of an enactment to which it applies.‟ David Dodd says in
Statutory Interpretation in Ireland (Tottel, 2008) p. 254: „That holds weight in respect of
Interpretation Acts where the purpose is to collect generally applicable definitions and terms.
Provisions of the [Irish] Interpretation Act 2005, however, go much further than this
“traditional” function of Interpretation Acts.‟
Page 576 Relevant Index entry: unincorporated association
As to unincorporated associations see generally R v L and another [2008] EWCA Crim 1970,
[2009] 1 All ER 786.
Page 579 Relevant Index entry: person
As to the reference to a corpse in line 3, see Yearworth and others v North Bristol NHS Trust
[2009] EWCA Civ 37, [2009] 2 All ER 986 (parts etc of a human body).
Pages 579-581 Relevant Index entry: singular and plural
For a detailed discussion on when the contrary intention appears see Cranston J in East Devon
District Council v Electoral Commission (The Boundary Committee for England) [2009]
EWHC 4 (Admin) at [35]-[40] and F A R Bennion, „“Never On The Cards”: Fighting For Two-
Tier Local Government‟, 173 CL&J (31 Jan 2009) pp 72-75,
www.francisbennion.com/2009/005.htm at paras 15-23.
For a discussion by the Supreme Court of Queensland of when the singular includes the plural
see C & E P/L v CMC Brisbane P/L (Administrators Appointed) [2004] QCA 60 at [18]-[22].
Part XIII. The Informed Interpretation Rule (General)
Section 201. Statement of the rule
Pages 585-588 Relevant Index entry: informed interpretation:rule
Code s. 201 was applied in Johnston Publishing (North) Ltd & Ors v Revenue & Customs
[2006] UKSPC SPC00564 at [74]; Etame v Secretary of State for the Home Department &
Anor [2008] EWHC 1140 (Admin) at [53]. See also David Dodd, Statutory Interpretation in
Ireland (Tottel, 2008) pp. 206-207 (n. 9).
Page 587 Relevant Index entry: fact:ascertainment of
Where a statutory function is exercisable only if a certain fact exists, it is for the person
exercising the function to judge whether or not the fact exists, „subject to the scrutiny of the
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