Response Summary - Isle of Man Government

Interpretation Bill and Legislation Bill
Summary of Consultation Exercise
June 2012
The Attorney General’s Chambers
Rhyenn Kiarail y Theay

Draft Interpretation Bill and Legislation Bill
Summary of Consultation Exercise
The draft Bills
1. The purpose of the draft Interpretation Bill is to consolidate and update existing
interpretation provisions scattered across multiple Acts, and make Manx legislation
easier to draft and to read. Proposed new provisions will save time for drafters,
including civil servants drafting statutory documents, by reducing duplication of
provisions and the need to update references.
2. The purpose of the draft Legislation Bill is to consolidate, rationalise and streamline
procedures for the making and reprinting of Manx legislation. Specifically, it will
facilitate electronic reprints that will be publicly available and an electronic gazette to
notify the making of Manx legislation.
The Consultation
3. The consultation document, which included copies of the draft Bill and a description
of the Bills’ provisions, was published on 8 March 2012. The consultation closed on 11
May 2012.
The document was circulated as follows:
(a) By email (with a hyperlink to the document or by post) to the direct
consultees, namely:
Members of Tynwald
The President of Tynwald
The Clerk of Tynwald
The Clerk of the Legislative Council
The Speaker of the House of Keys
The Deemsters, High Bailiff and Deputy High Bailiff
The Lord Bishop of Sodor and Man
The Chief Officers of all Government Departments, Statutory Boards and Offices
Local Authorities
The Isle of Man Chamber of Commerce
The Isle of Man Law Society
The Ministry of Justice, United Kingdom.
(b) By email (with a hyperlink to the document) to the following persons in the
Government of the Isle of Man (being persons involved or interested in drafting of
legislation or instructing or in instructing on drafting of legislation): Stephen Cregeen,
Angela Barnett, Tom Bateman, Steven Beevers, Maureen Bool, Colin Brew, Kath
Brondon, Ian Burnett, Sally-Ann Cain, Colin Caley, David Catlow, Jonathan Clague,
Simon Clague, Christine Lucas, Angela Collings, Ray Todd, David Gibson, Anita Dean,

Emma Cuddy, Stephen Willoughby, Ian Burnett, Nicola Harding, Andrew Simpson,
Anne Shimmin, Stephen Hind, Martin Blackburn, Andy Wade, Peter McEvoy, Janice
Kissack, Sue Strang, Shirley Corlett and Maureen Cox.
(c) By email (with a hyperlink to the document) to the following interested bodies
or persons involved or interested in drafting legislation, or instructing on drafting of
legislation, in the British Isles:
The Office of Parliamentary Counsel
The Office of the Welsh Legislative Counsel
The Office of the Scottish Parliamentary Counsel
The Office of the Legislative Counsel
The Northern Ireland Parliamentary Counsel
The Law Draftsman’s Office, Jersey
The Law Officers of the Crown, Guernsey
Sir Stephen Laws, former Parliamentary Counsel
Mr. Ian Saberton
Mr. Philip Walker
Mr. Kenneth Gumbley.
4. The consultation document was also published on the Isle of Man Government’s
website and copies were available in the Tynwald Library and the reception of H.M.
Attorney General’s Chambers.
The Responses
5. A total of 11 written responses to the consultation were received from the following
(in alphabetical order):
Appleby (IOM) LLC
Chief Secretary’s Office
The Clerk of Tynwald
Deemster Doyle, Her Majesty’s First Deemster and Clerk of the Rolls
Department of Economic Development
Financial Supervision Commission
General Registry
Income Tax Division of the Treasury
Department of Infrastructure
Legislative Committee, Sodor and Man Diocesan Synod
Department of Social Care (2 separate responses)
6. The responses (copied in Appendix 1) included comments on:
structure and presentation – comments about the format of the proposed Bills;
clarification – comments on the interpretation of drafted provisions;
policy – comments on substantive policy issues; and
clarification and drafting comments – comments on the interpretation of the drafted
provisions.
7. Some Departments met with Chambers during the consultation period to discuss the
content of the Bills.

8. A summary of the responses and the feedback for each (other than about editorial
comments and minor corrections with no implication for meaning) is in Appendix 2.
Comments and next steps
9. The Attorney-General’s Chambers is grateful to all those who responded to the
consultation exercise. All comments have been given careful consideration in due
course but, as the consultation document made clear, there is no guarantee that
changes will be made to what has been proposed as a result of any particular
comment. The purpose of consultation was not to be a referendum but an
information, views and evidence gathering exercise from which to take an informed
decision.
10. A redraft of both Bills in the light of the responses and feedback is in Appendix 3. The
Bills will be finalised and progressed for submission to the Council of Ministers.
11. The substantive provisions drafted in the Bills will be retained, with amendments. The
provisions for automatic commencement of Acts (a draft of which was appended
separately to the consultation document) will not be progressed.
12. The Attorney General’s Chambers will further meet with Government agencies to
discuss the implication of proposed changes for drafting of subordinate legislation
and administration of legislation.
13. For consideration by the Keys and the Legislative Council, these Bills will need to be
accepted onto the legislative timetable. When the Bills are timetabled will depend on
the importance of competing legislation. Therefore, it is not possible, at this time, to
provide a precise timeframe completion of this project.
14. If anyone wishes to submit further comments on either the policy or the draft Bills
they will be accepted and held on file for consideration when the Bill is progressed.
The consultation document will continue to be available in the “Closed consultations
and summaries” section of the Consultations page on the Isle of Man Government
website at .
H.M. Attorney-General’s Chambers
June 2012

Appendix 1
Responses to consultation
(Not paginated)

Appendix 2
Summary of responses and feedback
(Not paginated)
Response
Feedback
Appleby Isle of Man LLC
Generally
Identifies the legal profession as the
principal audience for Manx legislation and
suggests no need to update current
legislation.
Perspective noted.
Fundamentally, the audience for the Manx
Statute Book is the Manx citizenry. Any effort
to make the Statute Book more accessible to
Manx people must be supported in terms of
best drafting practice.
The largest single audience group for these
Acts will in fact be Manx civil servants,
particularly those who draft subordinate
legislation and those charged with
administering and implementing legislation.
The general public also use legislation
regularly to interpret their obligations, rights
and government procedures.
Advocates, as an audience, may not
currently have any difficulty accessing
legislation however the costs (Blackall
Publishing) and readability issues are likely
to prohibit access for the general public and
this is a significant governance issue.
Suggest Bills fail in purpose because all
provisions are not in one place and could be
together in one Bill.
Suggest simplification of legislation of no
interest or value to advocates.
Noted. It is considered that a separate Act to
deal with interpretive and empowering
provisions is best given that some audiences
will only require access to this information. A
second Act to deal with the machinery of
legislation is appropriate given the narrower
audience for these specific provisions.
Noted.

Response
Support sensible provisions to enable minor
and uncontroversial corrections but need to
make sure necessary safeguards in place.
Found the draft Acts difficult to understand
and not user-friendly.
Considers there are too many crossreferences.
Do not support structure of Bills to include
Part, Division, Subdivision and Section.
Prefer adherence to Scottish/English
conventions familiar to those practicing law.
Noted and checked.
Feedback
Noted. See the responses below and the
comments at the end of this Appendix.
Cross-references have been removed
wherever possible.
Noted. As above, advocates are only one
audience for Manx legislation. The aim of the
Bills is to enhance readability for their major
audiences.
However, the structure of the Bills has been
reconsidered and revised. See the comments
at the end of this Appendix.
Part 3, Division 1 of the Interpretation Bill
and others (unspecified) serve no purpose
and should be deleted.
Part 3, Division 1, like Part 1, is an
introduction to what the Part does. To
shorten this Bill and the Legislation Bill (and
future Acts) what is part of legislation is
defined to be its “text”. The Division contains
this definition.
There is only 1 other such provision: Part 4,
Division 4. It “sets the scene” for when Part
4 applies. Removing either of these Divisions
would lead to a lot of unnecessary repetition:
all of their qualifications or preconditions
would have to be said separately in each
section of Parts 3 and 4 for no useful
purpose. However, the Division headings
have been changed to “Introductory” to
emphasise their function.
Interpretation Bill
Use of examples not supported.
The use of examples has long since been
recognised as a useful tool in modern
legislative drafting. 1 There are many existing
examples in existing Manx legislation, dating
back to the 19th century. They are a
particularly useful tool in transforming
difficult material to terms that are relevant
and easily understood by non-legally-trained
users or those not familiar with legislation.
1 E.g. G.C. Thornton, “Legislative Drafting” (fourth ed.), Butterworths, London, 1996, p 163-4.

Response
Feedback
Used sparingly, examples are a useful
communication device for users. Examples in
these Bills will particularly useful for those
outside Chambers who must draft
subordinate legislation.
The traditional argument for non-inclusion of
examples or for reluctance to use them was
that they have the potential to limit the
provision exemplified. Clause 24 of the
Interpretation Bill clarifies that this is not the
case for examples or notes, so this is no
longer a consideration.
Use of examples not supported within
legislation (They should only be used in
explanatory notes)
These will be 2 core Acts. For some of the
complex propositions within them, examples
are the best way of communicating how the
provisions will work in practice, no matter
how simply the provision itself is drafted 2 .
The fact that the response itself
recommends several extra examples is
supportive of this.
Having examples in the legislation makes it
easier for most audiences to locate them and
use them. Explanatory Notes are not part of
the legislation and can only be used as an
aid to interpretation in limited circumstances.
Some examples are not needed. There are
others where further guidance is needed.
Use of examples problematic if they become
out-dated (reference made to the Royal Mail
or Isle of Man Post Office possibly being
changed; reference to legislation that will be
repealed under the Legislation Bill).
Noted. Examples have been reviewed and
some have been removed. Some have been
added where considered necessary or highly
desirable (including some suggested by
Appleby, as noted below).
Noted. The Bills can (and will as part of any
other drafting exercise) be updated if
examples become out-dated, and the
examples consequentially amended.
Chambers is unaware of any proposal
affecting the name or status of these bodies.
The references to legislation to be repealed
(Manx Museum and National Trust
(Amendment) Act 1986 referred to in clauses
47 and 49 of the Legislation Bill) are written
2 See Escoigne Properties Ltd v IRC [1958] AC 549 at 566-7, in which Lord Denning gave support to legislative
drafters specifically stating the sort of things they have in mind to make provisions immediately intelligible.

Response
Feedback
in the present tense. Its repeal under the
Legislation Bill has no bearing on the utility
of the examples. They are, and will continue
to be, useful tangible examples for readers
of how the clauses operate both on
commencement and in the future. One does
not need to refer to the repealed legislation
itself: The example to clause 47 explains all
relevant provisions. In any event, access to
that legislation will continue to be available
through the annual volumes and several
Blackhall reprints since 2005.
Does not support inclusion of purpose
provisions in legislation. Do not consider the
Bills achieve the purposes.
Since the House of Lords decision in Pepper
v Hart in 1993 3 , a purposive approach to
statutory interpretation has been preferred
in the United Kingdom to a purely textual
one. The Island’s High Court has followed
the purposive approach in Pepper v Hart 4 .
This has increased the desirability of
Tynwald including purpose provisions in
Acts, rather than leaving it extrinsic material,
debate and litigation.
Thornton, an authoritative writer on
legislative drafting, went to the extent of
stating in 1996 that: “On balance, it is
recommended that a purpose provision
should be included in every Act unless the
drafter considers such a provision will not be
of assistance”. 5
The resulting Acts, if passed, will be core
Acts for the Island. Purpose provisions have
been included to aid interpretation by key
audiences outside the legal profession and to
help to introduce what the Acts are about
and their aims to the wider public. The
provisions are consistent with Thornton’s 5
“rules” for purpose provisions. They are also
similar (but adapted for the Island) to
purpose provisions he commends to drafters
for interpretation Acts and Acts about
legislation. 6
3 [1993] AC 593. See esp. Lord Griffiths speech at 617.
4 e.g. Jones v R [1999-01] MLR 369 at 381.
5 G.C. Thornton, “Legislative Drafting”, Butterworths, London, 1996, p 156.
6 ibid, pp. 156-8.

Response
Feedback
There seems to be a misunderstanding of a
purpose provision’s function. A “purpose” (as
per the OED definition) is to state what “the
reason for which something is done or
created or for which something exists”, not
the thing itself or to do it per se (although
most of the purposes are actually achieved
in the text of the Bills). Nor is a purpose
provision a summary. It is a statement about
what Tynwald expects the Act to achieve, or
its aims, not what they say.
There does not have to be a “guarantee”
from the drafter that the text of the Act, as
originally enacted, achieves all of the stated
purposes instantly. The Bills are largely a
tool or a means to an end to help achieve
the purposes.
Question placing consequential and minor
amendments within the main body of the
Bill.
Defined terms should be included within the
main body of the Bill.
Suggested definition of “Manx legislation”
should be with the rest of the definitions in
the Schedule rather than in clause 3.
Mentioned difficulty understanding “Manx
legislation”, “public document” and
“statutory document” and “non-legislative
public document”
Suggest inconsistency in definition of Manx
legislation –clause 3(1) – and subsequent
Important because these parts expire after
promulgation. This will allow for a “clean”
reprint of the Bills following promulgation so
there will be no blank expired Schedules,
and the definitions will appear at the end.
However, to alleviate concerns, the length of
these parts has also been reduced
considerably by combining common
amendments.
Preference noted. The defined terms are
included in a Schedule for ease of access.
Inclusion part way through the Act (as is the
case under the existing Interpretation Act
1976 (the “IA 1976”)) is an irritation to
users. It is better for them to be at the end.
This is a key definition for the Bill. It is
considered more user-friendly to include it in
the text where it first appears rather than
later or at the end. It is part of a series of
connected key definitions and needs to be
with them at the front of the Bill.
Noted. This was not a concern raised by any
other responder.
Examples suggested have been added
(highlighted in red in the revised Bill).
Noted and amended to clarify the
relationship between the definitions and the

Response
Part 3 exclusions and clarifications. A clear
statement about what forms part of Manx
legislation.
“Act of Tynwald” not defined.
Clause 15- confusion of about documents of
a judicial nature.
Suggest references to EU instruments in
public documents are impacted by
legislation.
Need to check clauses 7 and 87 for
consistency.
Service of documents – s 58(1)(c) –
provisions are too loose. Could allow
documents to be served on a window
cleaner or a boy in a suit.
Service of documents – 58(2) – provisions
for service on body corporate, definition of
“relevant officer or agent”. Too loose.
Need to check definition of “affidavit”.
Need to check the meaning of the word
“may” in clause 35.
text.
Feedback
Part 2 states what part of Manx legislation is.
The term “text” is used rather than “part of”
as it is more intuitive (OED for “text” means
“a book or other written or printed work,
regarded in terms of its content rather than
its physical form). The things excluded are in
the physical document. To say it is not part
of it is counterintuitive for the average
person.
Clause 9 amended to add what this means to
definition of “Act”.
Clause amended to add an example as
suggested.
This was not intended and not as drafted.
Clauses 13 and 87 amended to clarify.
Done. Amendments made.
This maintains the status quo. Re-enactment
of s 41(2)(c) of the IA 1976. No problems
reported previously and no other responses
have suggested change.
Noted and amended accordingly. Amended
so that, in this context, only directors by
name and under the extended meaning of
director under s 221 of the Companies Act
2006 are included. To allow for flexibility that
section has not been referred to specifically.
Definition is needed to maintain the status
quo (a re-enactment of the definition from
the 1976 IA). There are many references to
“affidavit” in existing Manx legislation.
No problem with the definition being
inclusive : no need to define what “affidavit”
generally means. The OED definition of the
term suffices and is not detracted from and
works otherwise.
Amended to omit words referred to. The
word “discretion” is considered simpler and
more accurate that the terms used in the
corresponding definition in IA 1976.

Response
Definition of Island and Isle. Should these
include territorial waters?
Need to check for consistent approach to
“the Sovereign” and “Her Majesty” etc.
Definition for “incorporation legislation” could
be simplified.
Some definitions refer to words/concepts
which themselves need defining. E.g. British
Calendar in the definition “year”. Need to
check.
Need to expressly set out rules for use of
defined terms in Bills (bold and quotation
marks)
Levying Fees (clauses 79 to 83). Suggest this
enabling power for Treasury should be in a
separate Act and won’t be easily found in an
Interpretation Act.
Feedback
Noted and Schedule amended to include.
Noted and amended so that “Her Majesty” is
consistently used in all references to the
reigning Sovereign. Past and future
Sovereigns are covered by clause 13.
Noted and Schedule amended accordingly.
Noted and checked.
Definition of “year” maintains the status quo
(a re-enactment of the definition from the
1976 IA). “British” is used in an adjectival
sense. No change needed.
Definition of “definition” added in Schedule
and note added to clause 3 to explain the
“rules” for definition usage.
Concern noted. The main audience for the
Bill will be civil servants who will be aware of
the provision. It is located with other general
empowering provisions. A separate Act is not
considered justified.
Legislation Bill
Concerned about the composition of the
Legislation Consolidation Board.
Support publication of Manx laws in an
accessible format.
Defence if Manx legislation not published –
clause 39. Note possibility for inappropriate
defence if existing legislation not published
under c 38.
Defence if Manx legislation not published –
39(3). What constitutes “reasonable steps”.
Examples needed.
Access to historical copies of the Statute
Book. Problem if amending provisions are
automatically repealed. How will they be
accessed?
Noted and clause 80 of the revised Bill
amended accordingly.
Noted.
Noted and amended accordingly. Transitional
provision (clause 90 of the revised Bill)
added to exclude existing offence provisions
from the defence.
Noted and amended to add suggested
examples.
All Acts, whenever passed, will continue to
be available in existing annual volumes as
well as under reprints of repealed and
superseded legislation. They will always be
available in the Tynwald Library and in the

Response
Feedback
Attorney General’s Chambers. A “to remove
any doubt” amendment has been added to
clause 38 that amending Acts and provisions
still must be published and gazetted.
All original Acts since 2000 will continue to
be available electronically on the
Government website (which can be viewed
free of charge at the Tynwald Library and at
other public libraries).
Official reprints have also been produced
under the Reprints Act 1981 since 2005.
They can be referred to for research. Under
cl 91 (existing reprints) of the amended
draft, they continue to be official reprints.
Electronic copies are available for viewing at
the Tynwald library.
It is proposed that future official electronic
reprints will allow “point in time” searching,
so this will not be an issue for the text of
Manx legislation after enactment.
Defined terms. Some critical terms are not
defined (“Bill”; “Act”; “Attorney General”;
“Chief Legislative Drafter”).
Definition of “promulgation” is not userfriendly
because it should refer to clause 14
rather than 11.
Finds the drafting style for these Bills
“radical” and suggest not suitable for radical
change in the legislation.
Checked and amended if necessary.
Definition of “Bill” added to the Schedule to
the Interpretation Bill. “Act” is defined. (See
amended clause 9 of the Interpretation Bill).
Not necessary to define “Attorney General”.
“Chief Legislative Drafter” is meant in an
adjectival sense. Reduced to lower case to
avoid confusion.
Noted and checked. Needs to refer to clause
11 and not 14. Promulgation consists of all
of the requirements under clauses 12 to 15
and not just clause 14.
“Radical” (OED) is defined as “a diversion
from tradition which is innovative and
progressive”. Innovative and progressive
legislation to improve the Island’s Statute
Book and public access to it is considered
desirable. The Bills do nothing to affect, and
in fact enshrine, its legislative customs and
traditions.

Response
Feedback
Chief Secretary’s Office
combining comments from
Council of Ministers Division
and External Relations Division
Generally
Support, in principle, and note alignment
with commitment to removing obsolete
legislation (“one in one out”).
Noted.
Legislation Bill
Suggest use of “Divisions” and “Subdivisions”
confusing and loses alignment with
neighbouring jurisdictions.
No support for automatic commencement of
legislation approved by Tynwald. Propose
power to commence legislation should
continue to rest with the Executive.
Commencement – clause 2. Suggest certain
Parts of the Bill be brought into operation on
different days.
Signing of public documents – clause 24.
Check consistency with Interpretation Bill
(Clause72). Detailed comments provided.
Commencement by notice – clause 26.
Suggest check implications for documents
such as warrants where public disclosure
inappropriate.
Negative Tynwald procedure – clause 29.
Suggest these should not replace existing
“negative resolution” provisions (in existing
Acts).
Negative Tynwald procedure – clause 29 (3).
Need amendments to ensure no
inappropriate delay due to summer recess.
The structure of the Bills has been
reconsidered and revised. See the comments
at the end of this Appendix.
Noted and addressed. Provisions removed.
Noted. However, at this stage it is envisaged
that all of both Bills, if enacted, will
commence simultaneously.
Noted and clause 72 amended accordingly.
Noted and checked. Provisions will not
require public disclosure for non-legislative
public documents such as warrants.
As drafted, clause 29 does not replace any
existing procedures. Amendments made to
clarify that clauses 29 and 30 only apply
where the specific words they define are
mentioned or those specific sections are
applied.
Noted and amended as suggested.
Affirmative Tynwald procedure – clause 30. Noted and amended as suggested.

Response
Feedback
Need to provide for minor amendment of
regulations without additional delay.
Affirmative Tynwald procedure – clause 30.
Proposed explicit provision that there is no
requirement for document as made to be
laid before Tynwald again.
Certifying copies as being true copies – cl 37.
Questions about how this will be achieved
for SDs.
Electronic gazettal – clause 38. Very
supportive but does this clause allow a
person to claim in defence, ignorance of the
law because they do not have access to the
internet?
Electronic gazettal, publication and sale –
clause 38. Very supportive but suggest that
necessary action – clause 38(1), 38(2) – is
required “as soon as practicable”.
Publication of notices – clause 38(4).
Propose amendment to ensure that
authorities retain requirement to bring the
purport of notices to the attention of the
public and affected persons as well as in the
electronic gazette.
Noted and amended as suggested.
Noted and amended accordingly (see clause
39(3) in revised Bill).
Noted and amended to clarify “no” (see
clause 39(3) in revised Bill).
Noted and amended accordingly.
Noted and amended accordingly.
As clause 38(4) in the consultation draft was
transitional in nature, it has been relocated
as a transitional provision (clause 89 in the
amended draft), but noted in clause 38 in
the amended draft.
As the electronic gazette is only intended for
Government, relocated clause has been
amended so that it only applies to existing
requirements for newspaper publication by a
“government authority” (using the definition
from Part 2 of the Schedule to the
Interpretation Bill).
Consolidation of Acts – Part 6. Suggest the
Executive (e.g. the CSO) is represented on
any Legislation Consolidation Board.
Consolidation of Acts – Part 6. Need for
Council of Ministers to approve introduction
of consolidation Bills. Need to
coordinate/control use of resources for
consolidation.
Consolidation of Acts – clause 89 (staff).
Caution against the financial impact of the
Board. Staffing should come from existing
Noted and amended accordingly (see clause
80(c) of the revised Bill).
Noted and amended accordingly.
Agree. No need for further staffing. The
functions will be serviced by Chambers,
within existing budgets. Therefore, clause 89

Response
resources.
Consolidation of Acts – clause 91(3). Need to
allow time for parliamentary scrutiny of
consolidation Bills. Suggest at least one
sitting required between introduction and
approval.
Tynwald procedure – clause 94. The
appointed day order to be made by the
Council of Ministers under section 2 should
not be subject to the affirmative Tynwald
procedure.
Feedback
from the consultation draft is unnecessary
and has been removed.
Noted and amended accordingly (see clause
84(4)of the revised Bill).
Noted and amended accordingly. Clause 94
(and its Interpretation Bill equivalent) only
applied in 2 instances in each Bill. To make
things easier, “The affirmative Tynwald
procedure applies to the order/regulations”
has been added to those sections and clause
94 and its equivalent have been deleted.
Interpretation Bill
References to EU instruments – clause 13.
References to instruments as so amended,
extended or applied has previously been
limited to references within Acts. Suggest
this limitation should be retained.
Public document – clause 14. Need to check
how this provision would affect documents
such as warrants where public disclosure is
not appropriate.
Functions and powers conferred on
“persons” – clause 67. May not be clear to
the casual reader.
Noted. As drafted, clause 13 does only apply
to references within Acts. However,
amendments made to make this clearer.
Noted and checked. Provisions will not
require public disclosure for non-legislative
public documents such as warrants.
For non-legislative public documents the
provisions will be “beneficial” to public
document-makers as the general
empowering provisions will apply to them,
other than the general fee-making power
(See Part 5 (functions and powers) of the
Interpretation Bill). The new provisions will
streamline and simplify the process, allowing
for public disclosure but not requiring it.
Noted and clause 67(2) amended
accordingly.
Signing of public documents – clause 72.
Check consistency with Legislation Bill
(clause 24). Detailed notes provided.
Transitional regulation-making powers –
clause 101. Consider application to other
bodies such as Statutory Boards and Council
Noted and amended accordingly (see clause
72(2) in the revised Bill.
Noted and amended accordingly.

Response
of Ministers.
Functions and Powers – Part 5. Requested
delegation provision for Council of Ministers.
Response
Feedback
Amended as requested in both Bills. (See
clauses 95 and 86 respectively)
Feedback
The Clerk of Tynwald
Interpretation Bill
Clause 73 (Council of Ministers’ amendment
power if Parliamentary enactment applied to
the Island)-concerned that power should be
subject to Tynwald consent.
As drafted, such orders are subject to
Tynwald approval before making. See clause
96, in the consultation draft which applied
the “affirmative Tynwald procedure”.
However, clause 96 (and its Legislation Bill
equivalent) only applied in 2 instances in
each Bill. To make things easier, a
subsection saying “The affirmative Tynwald
procedure applies to the order/regulations”
has been added (clause 73 of revised
Interpretation Bill and clause 87(3) of revised
Legislation Bill) and clause 96 and its
Legislation Bill equivalent from the
consultation drafts have been deleted.
Legislation Bill
Does not support the separate draft
provision for automatic commencement of
Acts.
Part 4-Where will future statutory provisions
about Tynwald procedures be defined?
Separate draft provision in consultation
document not included in either Bill.
Clauses 29 and 30 themselves define
“negative Tynwald procedure” and
“affirmative Tynwald procedure”. No further
provision is needed. Note added to clause 3
to explain that words in inverted commas are
definitions. Amendments made to clarify that
words in inverted commas are definitions.
Chamber’s examination of Standing Orders
did not reveal any conflict between these
defined terms and Standing Orders. Further
Standing Orders could be made if the
Standing Orders Committee sees a need for
them.

Response
Feedback
Changes have been made to clauses 29 and
30 because of other responses to clarify that
these definitions will only apply for other
Acts if either of those phrases is specifically
used or the other Act states that either
section applies. Otherwise, existing statutory
provisions will continue to apply for Tynwald
procedures.
Part 4-The publication on the Attorney
General’s website should be stated to be in
addition to the promulgation procedure.
Suggest Tynwald should publish the Acts on
its website to dovetail with the traditional
form of publication of new laws.
This is the case under the consultation draft.
Such publication can only take place postpromulgation
(see clauses 37 and 38(1)).
Change made to clause 38 to reiterate this.
For 2 reasons, it is thought that originals
Acts (as opposed to Bills) statutory
documents and reprints of Manx legislation
should be published on a single website.
First, having a separate site for originals and
another for reprints may be inconvenient or
confusing to the public. Secondly, having 2
would take more Government resources.
Chambers can undertake these tasks within
existing budgets.
However, changes have been made so that
publication must be done in consultation with
the Clerk (see clause 38(2)).
Clause 43-Automatic “sorting out of
necessary consequential amendments”.
Would like some safeguard of consultation
with the Speaker first.
Clause 43 amendments are automatic by
force of that clause itself. They are of a very
limited category (typically, those listed in the
examples). They happen when the relevant
amendment commences.
Debate about whether or not to make them
would be inappropriate. Unlike reprint
changes, the Attorney General has no
discretion about whether or not to make
them. If an error is made in purported
reliance on this section, the Attorney General
would be duty-bound under clause 65(3) to
issue a correction notice for the reprint to
remove the change.
All clause 43 amendments can be easily
identified in all later reprints: Clause 76
requires reprint endnotes to detail all clause

Response
Feedback
43 amendments (as well as other
amendments or reprint changes).
Automatic repeal of spent legislation will
make the originals more important as they
will be the only source of the original printed
law.
All Acts, whenever passed, will continue to
be available in existing annual volumes as
well as under reprints of repealed and
superseded legislation. They will always be
available in the Tynwald Library and in the
Attorney General’s Chambers.
All original Acts since 2000 will continue to
be available electronically on the
Government website (which can be viewed
free of charge at the Tynwald Library and at
other public libraries). A “to remove any
doubt” amendment has been added to
clause 38 that amending Acts and provisions
still must be published and gazetted.
Official reprints have also been produced
under the Reprints Act 1981 since 2005.
They can be referred to for research. Under
clause 91 of the amended Bill (existing
reprints), they continue to be official
reprints. Electronic copies are available for
viewing at the Tynwald library.
It is proposed that future official electronic
reprints will allow “point in time” searching,
so this will not be an issue for the text of
Manx legislation after enactment.
Part 5-concerned that reprint powers can be
made by the Attorney General without laying
a paper before Tynwald or approval by the
Clerk
Part 6-Legislation Consolidation Board. Feels
that the President of Tynwald should have a
stronger role.
Part 6-Legislation Consolidation Board. The
Speaker should be a member.
Amendment made to require consultation
with the Clerk before making any reprint
changes (see clause 73 of the revised Bill).
Change made so that the President chairs
the board. See clause 80 of the revised Bill.
(note: This is still subject to the President’s
agreement).
Change made to include the Speaker on the
board. See clause 80 of the revised Bill.
(note: This is still subject to the Speaker’s
agreement).

Response
Feedback
Department of Economic
Development
Legislation Bill only
reprint provisions, clause 77
Why does the clause not deal with errors in
cross-references to provisions of IOM
legislation (several such errors)
Should the clause permit corrections to
errors in numbering (see for example section
13 of the Trade Unions Act 1991)?
Does “errors in cross-references” extend to
incorrectly omitted references?
Where a transfer of function has taken place
is any specific provision necessary to allow
secondary legislation to be modified in a
reprint?
We have a code of practice that refers to
provisions in an Act which has subsequently
been consolidated. Would it be in order for a
reprint to refer to the current provisions in
the later Act?
Do you foresee officers being able to use the
reprint provisions for secondary legislation or
is this being driven centrally.
Agree. Amendment made to include (see
Schedule 1, paragraph 3 of the revised Bill).
Agree. Amended to include power to fix
numbering errors. However, this would not
include a power to renumber, except where
there is a specific error. (See Schedule 1,
paragraph 3 of the revised Bill).
Probably, but specific power for this included
in Schedule 1, paragraph 3 of the revised
Bill.
Yes. Amendment made in Schedule 1,
paragraph 5 of the revised Bill to include
this.
Yes. Amendment made in Schedule 1,
paragraph 6 of the revised Bill to include this
.
Yes, in the sense that the Attorney General’s
Chambers will be open to receive suggested
reprints of statutory documents for checking
and inclusion. However, it is proposed that
there will still be a central repository for
“official” reprints, administered by the
Attorney General as the Island’s chief law
officer. Also, one website for all “official”
reprints will be easier for users. There will be
no prohibition on “unofficial” reprints
elsewhere.

Query about annotating the dates made for
statutory documents and amendments.
Does any thought need to be given to the
conventions for setting out when the orders
were made or came into force?
This will be done administratively, using
powers under Part 5, Division 2, Subdivision
3 (Reprint notes).
Consolidations
Supports being able to consolidate Acts
without their having to go back into the
Branches (e.g. for controversial legislation)?
Clarification: The Bills do not do this.
Respect for the institution of Tynwald still
requires passage through the Branches. The
drafting of a consolidation Bill can be
initiated by the Board. However, the CSO
suggestion that Council of Ministers approval
is required for introduction has been
included.
The Legislation Bill has an abridged
procedure for consolidations. It would not be
appropriate to use the consolidation power
for controversial legislation: Consolidations
cannot change the effect of the existing
legislation.

Response
Feedback
Financial supervision
commission
Legislation Bill
Concerned about proposal to deal with Acts
not commenced. Consider automatic
revocation of Acts not commenced rather
than automatic commencement.
Noted and addressed. Separate draft
provision in consultation document not
included in either Bill.

Response
Feedback
General Registry
Generally
Need for training prior to implementation. Agree. Chambers will, within existing
budgets, provide training to drafters of
subordinate legislation and other interested
officers.
Explanatory notes need to assess resource
implications (positive and negative) for
agencies.
Agree. The Bills are expected to result in an
overall saving to the Government.
Explanatory Notes amended accordingly.
Interpretation Bill
No need to refer to “Manx” legislation
This term replaces “statutory provision”
defined in s 3 of the 1976 Act, which is
misleading (see the consequential
amendments at the end of the Bill).
The “Manx legislation” term is considered
highly desirable to avoid confusion,
particularly for where Manx legislation
applies UK legislation defined as “UK
legislation”. Also, both terms are useful
compendious definitions to make future
drafting shorter and easier. They make it
immediately clear what is being referred to.
“Legislation” would always leave a measure
of doubt.
Is subdivision of public documents into public
documents and statutory documents
necessary?
Definition of “responsible authority” –
clause15(4) – doesn’t work for the General
Registry.
Unclear from definition – clause 15(4) – what
the “responsible authority” does.
Clause 47 does not reflect the rules for
working out time periods under the Rules of
the High Court of Justice 2009 (the “rules of
court”).
Yes. The public notification procedures will
not apply to non-legislative public
documents, but the empowering provisions
under the Legislation Bill will.
Noted and amended accordingly.
Noted. Note added to clause 15 about the
key provisions of Legislation Bill for the role
of the responsible authority for a statutory
document.
Clause 47 maintains the status quo. It
reflects s 36 of the IA 1976. These are
general default rules for working out time
periods. They are subject to displacement

Response
Feedback
(see clause 6). The rules of court are
specific. They are an example of such
displacement.
Part 4, Division 5 (Service of documents) has
differences to the rules of court.
References to High Court legislation should
be references to High Court Act 1991.
Definition of Bishop should also refer to the
Bishop of Sodor and Man.
Minor inconsistencies in reference to defined
positions – Clerk of the Rolls, First Deemster
etc.
Reference to “current drafting practice”
needs to be tighter/more precise.
Definition of “Deemsters” needs to provide
for absences and vacancies.
Need definition for child and young person
as per 1976 IA as the definition “guardian”
refers to those terms.
Don’t need the definition for “indictment”.
Definition for “Imperial Parliament”. Is it
needed? Out-dated?
Definition for “Privy Council”. Is this correct
for Manx purposes?
Part 4, Division 5 maintains the status quo.
Save for the new provision about electronic
service, Division 5 reflects s 41 of the IA
1976. These are general default rules about
service. They are subject to displacement
(see clause 6). The rules of court are
specific. They are an example of such
displacement.
Noted and corrected.
Noted and definition amended accordingly.
Noted and amended so that “Her Majesty” is
consistently used in all references to the
current Sovereign. Past and future
Sovereigns are covered by clause 13.
Noted and amended accordingly.
Noted and amended as per draft given.
The 1976 IA definitions of “child” and “young
person” are peculiar and inappropriate as
definitions for the whole Statute Book. Their
need has been superseded by specific
definitions for the Children and Young
Persons Act 2001. Given the text of the
definition “guardian”, the ordinary OED
definitions of “child” and “young” suffice.
Maintains the status quo from the 1976 IA.
Still needed as numerous older Acts refer to
“indictment”.
Noted. Amended to just definition of
“Parliament”.
Yes. The procedural requirement for leave to
appeal does not change the nature of the
Privy Council itself for Manx purposes.
The correction noted has been made.

Response
Definition of “proceeding”. Is it needed? If
so, needs to align with Rules of the High
Court.
Definition of Island. Account for territorial
waters? Define “Isle of Man”?
Definition of “UK Treasury”. Is one needed?
Assumption noted that there are good
reasons for omission of any subjects from
1976 IA and that necessary cross referencing
undertaken.
“government authority” (Schedule 1, Part 2)
appear to be words missing in (b)
“judicial officer” has specific meaning under
the High Court Act 1991 and Rules of the
High Court of Justice 2009. Need to check
and align.
Feedback
Highly desirable definition for legislative
drafting to help shorten legislation and for
clarity. This is a general definition. A link to
the procedural requirements about how they
are started is not needed for this purpose.
Addition of “ ... in a court or tribunal” made
for clarity.
Noted and definitions “Isle” and “Island”
amended accordingly.
No need to define “Isle of Man”. It exists as
a matter of objective reality and is defined in
the OED. The 1976 IA and its predecessors
did not define the term.
No longer needed because of s 16 of the
Treasury Act 1985.
All material from 1976 IA that is necessary
and not superseded has been included. All
cross referencing has been done and rechecked.
Noted and amended accordingly.
This will have no bearing on the definition in
the HCA as this definition is only for the
Interpretation Bill. Heading to clause 8
amended to make it clearer that this
definition is only for this Bill. The heading to
Part 2 of the Schedule also says this.
Legislation Bill
Reference to Interpretation Bill– clause 3(1)
should include the year.
Problem with handling of criminal offences
timing of assent – 17(2). Make sure person
can’t be considered to have committed a
new offence before assent is announced.
Negative Tynwald procedure. Will not allow
rules under the High Court Act 1991 to be
made before laying, esp. when Tynwald is in
recess.
The parenthesised words in bold and quotes
are a definition. See the Schedule. Note
added here and in clause 3 of the
Interpretation Bill explaining this (i.e. that it
is a defined term).
Noted and amended accordingly.
Noted and clause 29 amended to clarify that
this will not apply to existing procedures.
In any event, this will not affect the making
of rules under the High Court Act 1991: will

Response
Feedback
only apply if an Act applies the “negative
Tynwald procedure” by name (e.g. like
clause 94 does for the affirmative Tynwald
procedure for this Bill).
Affirmative Tynwald procedure. Suggests the
English (also the Scottish) model should not
be followed i.e. that only the SD as made
and signed be laid for approval.
This response is at odds with the Chief
Secretary’s office response that nonsubstantive
changes be allowed to be made
from a draft approved by Tynwald. On
balance, it is suggested the draft model
(with the CSO changes) gives more
flexibility. Tynwald can approve with
changes, and non-substantive changes can
be made from the approved draft (see
amended clause 30).
In any event, this will not affect the making
under any existing Act: it will only apply if an
Act applies the “affirmative Tynwald
procedure” by name (e.g. like cl 94 does for
this Bill). Noted and amended to clarify that
this will not apply to existing procedures.
Does not support clause 31 because it would
allow the Council of Ministers to require the
affirmative Tynwald procedure for rules of
court and the High Court Act 1991.
Method of sequencing Acts – clause 34. Why
is the prefix “AT” needed?
Allocation of SD numbers – clause 35. Needs
to reflect current practice that only a
“proforma” is required when copy given for
allocation of SD number.
The First Deemster expressed concern and
disappointment that the proposal that he
chair the Legislation Consolidation Board was
Noted. Clause 31 amended so that it does
not apply to rules of court or the High Court
Act 1991.
In any event, this will not affect the making
under any existing Act: it will only apply if an
Act applies the “negative Tynwald
procedure” or “affirmative Tynwald
procedure” by name.
The consultation paper explains the
desirability of the prefix as follows:
“The drafting division has suggested [Acts] now be
given “AT numbers” (meaning Act of Tynwald) rather
than the unhelpful current title of chapter number. It is
felt that this balances well with the concept of SD
numbers.”
The explanatory notes have been amended
to reflect this.
Noted and amended accordingly.
A written assurance of this has been given to
His Honour. The proposal has been
removed.

Response
included without first raising the matter with
His Honour and confirmation is given that
this is removed from all future drafts of the
Bill.
Citation of legislation – clause 36. Suggest
use short title only as this may result in
confusion in a court scenario.
Filing of SDs – clause 37. Appears to have
narrowed requirements for filing.
Consequences for failure to file? Other
questions.
Clause 38. Consider benefits of bringing
publication functions for Manx legislation
together by a single organisation.
Clause 39(2). New general rule where
previously only specific examples in statute.
General provisions – Part 4. Consider a
“sunset clause” for all secondary legislation.
Feedback
The proposal was made as it was felt that it
was appropriate to have a Judge as a
safeguard against the executive changing
the law by using the Consolidation power.
Nonetheless, it is felt that the involvement of
the President of Tynwald and the Speaker
will constitute a similar safeguard.
Unlikely to arise in a court scenario. Short
titles will be relied on. However, there is no
confusion. The Act in question can easily be
identified by the number. Citation by year
and number (esp. for numerous Acts) will be
a useful simplification in other contexts.
1. Confirm that clause 37(2), like the Filing
of Statutory Documents Act 1937 (the
“FSDA”), only applies to statutory
documents. This term covers everything
covered by s 2 of the FSDA.
2. Like the FSDA, there is no penalty for
failing to file, but the defence under clause
39 will be available until it is. A penalty is not
considered appropriate. The adverse
consequence is the availability of the
defence under clause 39.
3. Amendments made for giving of true copy
electronically (see amended clause 37).
4. The originals can be held in the Public
Records Office. Subject to the Public Records
Act 1965, this is a matter for the General
Registry.
Agree. This is what is proposed to happen in
practice. Amendment made to reflect this,
subject to consultation with the Clerk of
Tynwald.
This defence, modelled on UK legislation, is
considered desirable for the rule of law.
Nobody should be convicted under a law that
has not been properly promulgated. See the
note in amended clause 39 and clause 89
and 90 of the revised Bill).
“Sunsetting” of subordinate legislation has
been generally enacted in other jurisdictions
(e.g. Part 5 of the Statutory Instruments Act
1992 (QLD)).
Because this would be a new regime for the

Response
Feedback
Island and because substantial resources
would be involved in rewriting expired SDs,
the legislative drafting division considered
the matter beyond the scope of this exercise.
Clause 43. Confusing example (bolded
passage referred to not bolded).
Correction of cross referencing errors –
clause 77(d). Consider application to Manx
legislation. Consider definition of UK
legislation.
Legislation Consolidation Board – Part 6. No
member of judiciary should have an active
role in review of or making legislation. Also,
consider wider representation.
Reference to “Her Majesty” –clause 92.
Inconsistent with Interpretation Bill.
Consider inclusion of current provisions
dealing with the Governor’s powers to give
Royal Assent to certain categories of Acts of
Tynwald. Also the role of the Royal Assent
Committee.
Is it also arguable that the Board should
rather be a Legal Information Board and
that, in addition to the consolidation
functions, the Board publication functions?
Noted. Correction made.
Noted. Amendments made.
Noted. Changes made.
Noted. Corrections made so that references
in both Bills to the reigning Sovereign are
consistently to “Her Majesty”. Past and
future Sovereigns are covered by clause 13.
These matters are dealt with under the
“Royal Assent to Legislation (Isle of Man)
Order 1981”, made by the Privy Council. It is
not considered appropriate to interfere with
this under the current Bills.
Consider this to be a separate role to
consolidations. As noted above, it is
expected that one entity, the Attorney
General’s Chambers, will perform the
publication functions will perform this
function. Any further functions of the Board
will lead to substantial resource issues.

Response
Feedback
Income Tax Division of the
Treasury
Interpretation Bill only
Need to ensure “writing” includes digital
forms not produced in hard copy.
Need to ensure that written consent
provisions cover “ticking a box”
electronically.
Need to accommodate serving of documents
through access to a hyperlink (secure
online).
Amendment made to the definition “writing”
in the Schedule, as agreed following further
consultation.
Amendment made to clause 59, as agreed
following further consultation.
Amendment made to clause 59, as agreed
following further consultation.

Response
Feedback
Department of Infrastructure
Generally
Welcome streamlining of statute production
and rationalising procedures for making
statutory documents.
Support simplification of legislation to make,
amend, repeal and publish legislation and
simplification of drafting process.
Acknowledge opportunity to reduce costs.
Acknowledge value in allowing for minor
corrections.
Noted.
Noted.
Noted.
Noted.

Response
Feedback
Sodor and Man Diocesan
Synod
Concern about impact on “Measures” under
the Church Legislation Procedure Act 1993.
May be difficult to comply with requirements
for statutory documents if these are
captured.
Change made to clause 4 of the Legislation
Bill to exclude the Legislation Bill from
“Measures” under the Church Legislation
Procedure Act 1993. After consultation, the
Synod proposes to make a measure applying
a modified version of the Legislation Bill. The
Interpretation Bill can apply without
modification.

Response
Feedback
Department of Social Care
Concern about the draft provision for
automatic commencement of Acts.
Separate draft provision in consultation
document not included in either Bill.

Revision of structure of the Bills: comments
Introduction
Chambers is aware of the need not to go overboard on structure. Acts need to be structured
for ease of navigation whilst not looking technical or forbidding. With that in mind, Chambers
reviewed the structure of both Bills.
As a result, headings above section level have been reduced as much a possible without
making them misleading. The guiding principle is that headings are meant to be a “signpost”
to what is in grouped provisions so that users can use the index to easily navigate to the
relevant provision. Chambers considers that the Bills now have the right balance and that
their structure as changed is the most user-friendly one.
Traditional approach to legislative structure
A couple of the responses queried the use of 3 levels of structure for the Bill and why the
traditional 2-levels of structure only have not been used.
The traditional approach was that there were only 2 levels: sections and Schedules.
However, groups of sections were sometimes divided into Parts and, occasionally, “Parts”
were divided into “Chapters”. Also, within Parts or Chapters were unnumbered headings,
called “cross-headings”. No particular overall reasoning has been given for the traditional
approach. However, in part, it has that the practice of dividing an Act into Parts and
Chapters was “frowned upon” unless it could be said that each Part could to be seen as
constituting a group of sections that were self-contained and could be appropriately
embodied in separate Acts 7 .
Problems with traditional structuring
Concerns about Acts being structured have, in large measure, been addressed by the
clarification in various modern interpretation Statutes of the status of headings. Under the
Interpretation Bill, with a few exceptions, everything in the text forms part of an Act. This
includes headings. The modern trend towards much lengthier and more complex legislation
has enhanced the need to properly structure legislation to optimise its readability and access.
In Chambers’ view, traditional methods of structuring Acts are now less than optimal for that
purpose. Traditional structuring has imposed various constraints on legislative structure,
which for the above reasons, are now unnecessary. In large complex Acts, 2 levels only are
an unnecessary and an unhelpful constraint.
Schedules have been relied on far too much in the past. They suffer from the problem of
disturbing the flow of legislative provisions. A Schedule asks the reader to thumb through to
the Schedule mentioned. In larger Acts, there are typically many Schedules and the reader is
asked to look at a Schedule many pages away. Schedules do have their place, but only for
matters of detail or for things that are peripheral to the flow of text.
The overuse of Schedules as a device to attempt to structure Act has meant that key
components of Acts have often been inappropriately been “hived off” into Schedules.
Examples of this are the Road Traffic Act 1985 and the Road Traffic Regulation Act 1985, key
Acts for the ordinary populace of the Island. Major parts (e.g. about vehicle requirements,
driver licensing, offences, infringement notices and third party insurance) are squeezed
7 E.g. Crabbe, “Legislative Drafting”, Cavendish Publishing, London 1993, p 128.

together in Schedules with little internal structure. The Schedules have no section-type
headings. Their paragraphs run on without a break from one topic to the next over many
pages with numerous subparagraphs. Even Chambers now finds them difficult to find the
relevant passages in them or to read or amend. Structuring beyond what was traditional
could have avoided this.
Cross-headings suffer from the problem that they give no name for the provisions they
precede. They cannot be conveniently referred to. An example of this is the Income Tax Act
1970. It is divided into Parts, many of which have cross-headings of grouped provisions.
They have no inherent structure. There are several definition provisions under or at the end
of lists of provisions that just refer to a series of sections like “interpretation for sections 13
to 13M” and “interpretation of ss 105C to 105N”, which then move on to another series of
unrelated provisions without any break above section level. Cross-headings are suboptimal
describing a series of provisions: The only way to do so is to cite all of the grouped sections
or “under the cross-heading above section x”, which is long and unhelpful to the reader.
Another effect of only limiting structure to 2 tiers only is that sections have tended to
become overly long and to attempt to “cover the field” for an entire subject-matter. In many
of these cases, using a higher-level provision would allow each discrete topic to be dealt with
section-by-section, instead of a mass of text or a long list of subsections. Some examples of
this are in the Interpretation Act 1976. Section 16 (effect of substituting provisions) covers
the field for “default” savings provisions for cases in which an Act is replaced by a later Act.
Section 41 deals with all default provisions for service. Both work, but they are complex and
are hard work for the reader of ordinary ability to follow.
A more modern approach
After careful consideration, Chambers considers that constraining these Bills to no structure
or to only a 2-tiered structure is “less-than-best” drafting practice, and that there is no good
reason to do so. It considers that the most logical and user-friendly structure for legislation
is one that allows for an extra level where appropriate; i.e. Part-Division-Subdivision (or for
legislation of exceptional length or complexity Chapter-Part-Division-Subdivision).
Chambers considers that this nomenclature is far more user-friendly than “Part-Chapter-Part-
Subpart” or “Part-Subpart-Sub-sub part”, or any other. The change from a cross heading to a
Division is just a small step of adding “Division/Subdivision” and a number, yet it has many
benefits for the reader. This approach, appropriately used, has modern support from
respected writers on legislative drafting. 8
Used appropriately, Divisions and Subdivisions allow Acts to be structured using smaller,
more easily-digestible sections. For example, the default savings provisions in s 16 of the
Interpretation Act 1976 (plus some extra material) are re-enacted in Part 4, Division 4 of the
Legislation Bill. Division 4 goes through each separate topic section-by-section with a
separate heading in easier to digest chunks. There is also the benefit that the reader is
presented with a neat summary of the Act in the index, which shows the Part, Division and
Subdivision headings. By using the index, the reader can easily navigate to the piece of the
Bill that is relevant.
Divisions have the enormous benefit that a series of provisions can be given a succinct name
and referred to just by a number. One number is easier for the reader to remember than a
series. There are several instances in the Bills in which a reference to a Division or
Subdivision gives the reader an immediate idea of the subject referred to and reduces cross-
8 Thornton, op. cit. pp. 182-3.

eferencing. If the Division or Subdivision is nearby, it is just referred to by its number. If it is
further away, the heading is parenthesised as well. For example, clause 51(1) of the
Legislation Bill refers to “Subdivision 2”, which is the preceding Subdivision. This is much
better than having to list all of the sections in Subdivision 2, which is what would have to be
done if a cross-heading were used.
Another example is paragraph 6 of Schedule 1 to the Legislation Bill (changes of reference
under this Act) for reprints. It cross-refers to Part 4, Division 4 (default savings and
transitional provisions), which is some distance away in the body of the Bill. There, the
heading is given so the reader knows what that Division does without having to look back
and be disrupted. Such simple headings can be used for cross-referencing the Acts in the
drafting of later Manx legislation.
Divisions and Subdivisions are of particular benefit where one is outside the Act in question.
For example, in the consequential amendments in the Interpretation Bill, there are updates
to many cross-references in other Acts to the service, fees and function provisions. These
are now able to be meaningfully referred to just by a Division number with the heading in
brackets afterwards.
The structuring of the Bills by Divisions or Subdivisions of groups of common provisions
makes it easier for the drafter. For example, if a drafter wants a Division in either Act to
apply save for one subsection, the provision being drafted can say “Division X ([heading])
other than section Y(2) ([heading]) does not apply”. The reader is given an immediate idea
of what general the topic is and what the specific exclusion is about. A list of section
numbers from the Interpretation Bill would not be nearly as user-friendly.
Chambers has used this form of structure in drafts of some large Bills already and in one Bill
passed in 2011. The feedback it has received via instructors has all been positive: ordinary
readers have found that the index with such headings is a useful tool to navigate through
the Bill.

Appendix 3
Redrafted Interpretation Bill
and Legislation Bill
(Each Bill paginated separately)

IN THE KEYS
INTERPRETATION BILL 2012
Note: This is a discussion draft only. It has not been approved by the Council of
Ministers for introduction. It is still subject to checking and may contain minor
errors.
Explanatory Memorandum
1. This Bill is promoted by the Council of Ministers.
PART 1 — INTRODUCTORY
2. Clause 1 states the short title. Clause 2 provides for commencement to be by
order of the Council of Ministers. Clause 3 sets out the main purposes of the Bill,
namely to:
(a)
(b)
(c)
(d)
state what forms part of, and to state basic rules for interpreting
Manx legislation;
make generic provisions about functions and powers for Manx
legislation and non-legislative public documents;
shorten Manx legislation by avoiding the need for repetition; and
promote consistency in the language and form of Manx
legislation.
3. Clause 4 states that the Bill is not intended to be a complete code for interpreting
Manx legislation, and so it does not exclude other laws about, or the general
rules of, statutory interpretation. An example of another law about interpreting
legislation is the requirement under section 3(1) of the Human Rights Act 2001.
Section 3(1) provides that “So far as it is possible to do so, Acts and subordinate
legislation must be read and given effect in a way which is compatible with the
Convention rights [under the Convention for the Protection of Human Rights
and Fundamental Freedoms].”.
4. Clause 5 provides for this Bill to be read together with the Legislation Bill,
accompanying it. Both Bills apply to all Manx legislation and to non-legislative
public documents, with clause 46 applying to all documents. The application of
this Bill may be displaced wholly or partly by a contrary intention in the
legislation to which the Bill applies (clause 6).
5. Clause 7 states that applied Parliamentary enactments are to be interpreted
under the Interpretation Acts of Parliament, but it is taken to include all
necessary changes for its effective operation in the Island. Clause 8 introduces
the definitions specific to the Bill set out in Part 2 of the Schedule.
PART 2 — BASIC DEFINITIONS AND REFERENTIAL PROVISIONS
Division 1 — Principal legislation

Explanatory Memorandum Interpretation Bill 2012
6. Clause 9 defines “Act” to mean an Act of Tynwald. It also provides for a
reference in a Manx enactment to an Act by its unamended short title to include
a reference to the Act by any amended short title. A reference to the enactment
or passing of an Act is to its announcement to Tynwald. Under clause 10 a
“Manx enactment” is an Act, a provision of an Act or any public document
made under the enactment. References to an enactment are to the enactment as
amended or re-enacted. Clause 11 defines “provision”.
7. Clause 12 defines “enactment of Parliament”, provides that references to them
include a reference to any instrument of a legislative character in operation
under them and provides that a reference in an Act to any UK legislation is a
reference to that legislation as it was in operation when the provision containing
the reference commenced
8. Clause 13 provides that a reference to an EU instrument amended, extended or
applied by another instrument is a reference to the instrument as so amended,
extended or applied.
Division 2 — Subordinate legislation and other documents made under Manx
legislation
9. Clause 14 defines “public document”. Clause 15 contains definitions of “statutory
document” and its “responsible authority”. Under clause 16 a “non-legislative
public document” is a public document other than a statutory document. Clause
17 defines “authorising legislation”.
PART 3 — LEGISLATIVE TEXT
Division 1 — Introductory
10. Clause 18 sets out what the Division provides for.
Division 2 — The text of an Act or statutory document
11. Clause 19 states that the text of Manx legislation is all the material from the start
of the first section to the last one, or if there any Appendix or Schedule, the last
Appendix or Schedule. Clause 20 includes any preamble, enacting words or
heading in the text. However clause 21 excludes the long title, marginal citation,
derivation, footnote, reprint note and material differentiating amendments from
the rest of the text.
Division 3 — The text of certain provisions
12. Clause 22 makes a heading part of the provision to which it relates and under
clause 23 a penalty provision part of the subsection or section to which it relates.
An example of or note to a provision is part of the provision (clause 24). It is not
exhaustive and may extend the provision’s meaning. A provision reference
associated with a heading to a Schedule is part of the heading rather than the
body of the Schedule (clause 25).
PART 4 — INTERPRETATION AIDS
Division 1 — Introductory
13. Clause 26 applies the Part to all Manx legislation and clause 46 to non-legislative
public documents and all other documents.
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Explanatory Memorandum
Division 2 — General Aids
Subdivision 1 — Common terms and references
14. Clause 27 introduces the general definitions set out in Part 1 of the Schedule.
Clause 28 states that a definition applying to Manx legislation applies to the
whole of it, but if expressed to be for a particular provision it does not apply to
another provision. Definitions apply except to the extent the context or subject
matter otherwise indicates or requires (clause 29). Other parts of speech,
grammatical forms of, and derivations from or associated terms with, a defined
term have corresponding meanings (clause 30).
15. Under clause 31 a reference to the reigning Sovereign at the time Manx
legislation commences is a reference to the Sovereign for the time being and his
or her predecessors and heirs. Words indicating a gender include other genders
(clause 32) and the singular includes the plural and vice versa (clause 33). A
reference to “person” includes corporate as well as individuals (clause 34).
Clauses 35 and 36 deal with the meaning of “may” and “shall” respectively.
Clause 37 is an interpretative provision for common names and clause 38 deals
with the meaning of “commencement” for legislation. Under clause 39 a
reference to repealed legislation is a reference to that legislation as it was in
operation immediately before it was repealed, though for legislation applied
from the UK it is a reference to the legislation as it was in force when the
provision applying it commenced.
Subdivision 2 — References
16. Clause 40 states that a reference to a provision of legislation is to everything
included within that provision, including the start and end of the provision.
Clause 41 caters for references to provisions or part of a provision.
Subdivision 3 — Other general aids
17. Clause 42 states that Manx legislation applies to the entire Island and clause 43
states that it is always speaking. Clause 44 provides that changes in drafting
practices are not of themselves to suggest that a different meaning is intended.
Division 3 — Distance and time
18. Clause 45 provides that distance is to be measured in a straight line on a
horizontal plane. Clause 46 makes provision for references (in any document) to
Tynwald Day or the special sitting of Tynwald Court to cover when the sitting
is to take place in a particular year and any day to which the Court may be
adjourned. Clause 47 provides rules for working out periods of time generally.
Clause 48 provides for the exclusion of non-working days for certain
requirements to do something on or within a certain period of time. Clause 49
provides that if something must or may be done but no time is provided for
doing it, the thing must or may be done as soon as reasonably possible and as
often as needed. If an act must be done the obligation continues even if the time
for doing it has passed (clause 50).
Division 4 — Offences and penalties
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Explanatory Memorandum Interpretation Bill 2012
19. Clause 51 provides that if an offence is created by a provision of Manx
legislation it is only an offence if committed after the provision commences. The
same rule applies to any increase in penalty. Clause 52 provides for the charging
of continuing offences. Clause 53 makes provision for the liability of officers of
bodies corporate. Clause 54 enables a shorthand reference to a penalty to be used
in future legislation by use of the words “maximum penalty” followed by a
stated penalty and clause 55 is an interpretative provision for when the
maximum penalty is accompanied by the words “(on information)” or
“(summary)”.
Division 5 — Service of documents
20. Clause 56 provides that this Division applies if a document is authorised or
required to be served irrespective of the wording used and no manner of service
is required. Clause 57 explains how service may be done for individuals and
clause 58 makes similar provision for bodies corporate and associations. Clause
59 makes provision for electronic service. Clause 60 covers service on an
unknown owner, lessee or occupier and clause 61 is concerned with service by
prepaid post and the time of such service.
Division 6 — Statutory forms
21. Clause 62 states that the Division applies if Manx legislation authorises or
requires a form to be approved or made. Clause 63 states that a statutory form
may be made for any matter under or relating to it even though a form is not
mentioned in the relevant provision of the legislation. Clause 64 provides for the
extent to which the forms need to be completed or complied with.
Division 7 — Public documents
22. Clause 65 states that words and expressions used in a public document have the
same meanings as they have under the legislation under which the public
document is made. Clause 66 provides that references to “Act” or “the Act” in a
public document without mentioning a particular Act means the Act under
which the public document is made. A reference in the public document to
“these Regulations” or “this Order” etc. includes any public document made
under it.
PART 5 — FUNCTIONS AND POWERS
Division 1 — General provisions
23. Clause 67 makes general provision about the exercise of functions and powers.
Under clause 68 a power to make a decision includes a power to reverse or
change it. Clause 69 makes provision for the exercise of powers between the
making and commencement of Manx legislation.
Division 2 — The executive
24. Clause 70 provides a delegation power for the Governor’s functions under a
Manx enactment or Tynwald resolution, other than for the power to make a
public document. Clause 71 provides for the signing of orders etc. by the
Governor and clause 72 deals with signing if public documents etc. are made by
the Governor in Council or the Council of Ministers. Clause 73 gives a power to
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Interpretation Bill 2012
Explanatory Memorandum
the Council of Ministers to amend Acts of Tynwald as a consequence of UK
legislation being extended to the Island.
Division 3 — Appointment powers
25. Clause 74 facilitates the making of an appointment by name or office and clause
75 facilitates the making of acting appointments of public officers other than
judicial officers during a vacancy in an appointment or if an appointee is not
able to perform the functions of the office. Clause 76 enables the Civil Service
Commission (for civil service appointments) or the Chief Minister or another
authorised Minister (for other appointments) to provide for an alternative
appointer to make acting appointments. A power of appointment includes the
power to decide the terms and conditions and for other incidental powers
(clause 77). Clause 78 provides for the appointment of a deputy to exercise the
functions of a Minister or public officer other than a judicial officer.
Division 4 — General fee power
26. Clause 79 gives power to the Treasury or another Department or a Statutory
Board to levy fees and duties. Clause 80 sets out the matters for which a general
fee power may be exercised and clause 81 requires the power to be exercised
only with the concurrence of the Treasury. Clause 82 requires the display of a
table of fees and duties prescribed under the general fee power and clause 83
makes the fees and duties part of the General Revenue of the Island.
Division 5 — Powers for public documents
27. Clause 84 defines “matter” for a public document to include circumstance,
person, place, purpose and thing. Clause 85 sets out the additional powers
implied by a power to make a public document. Clause 86 provides for public
documents to apply generally or differentially. Clause 87 enables a public
document to make provision by applying other legislation or documents. Under
clause 88 a public document that may make provision relating to land or waters
may do so by reference to a particular map, plan or register.
28. A power to prescribe a fee includes power to prescribe a fee that is reasonable
and not more than the actual cost of doing the thing (clause 89). Under clause 90
if a government authority is authorised but not required to perform a service
and no fee is prescribed the authority may charge a reasonable amount for
performing the service. Clause 91 states that the power to make a public
document includes a power to amend or repeal it. Under clause 92 an act done
under a public document is taken to have been done under its authorising
legislation.
Division 6 — Miscellaneous
29. Clause 93 provides that a person must produce a document reproducing
material kept on a computer in a form capable of being understood by the
authority to which it is required to be produced. If an act or thing is required to
be done by more than 2 persons, a majority of them may do it (clause 94).
PART 6 — OTHER PROVISIONS
Division 1 — General
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Explanatory Memorandum Interpretation Bill 2012
30. Clause 95 empowers the Council of Ministers to delegate its powers under the
Act to certain persons.
31. Clause 96 repeals the 4 Acts that the Bill replaces.
Division 2 — Savings and transitionals
32. Clause 97 applies the Bill to existing legislation and documents but it does not
affect the operation of the Interpretation Act 1976 which it repeals and it applies
only for an existing document for something that happens on or after the Bill’s
commencement. Clause 98 is a declaratory provision about the effect of earlier
amendments and repeals. Clause 99 is a declaratory provision about marginal
notes included in existing reprints. Under clause 100 a reference in Manx
legislation or documents to the repealed Interpretation Act or a provision of it is
a reference to this Bill and the Legislation Bill or to the provision in one of the
Bills that re-enacts that provision. References to the repealed Fees and Duties
Act 1989 are to the provisions of this Bill that re-enact those provisions. Clause
101 updates particular references to “statutory provision” and “enactment”.
Clause 102 empowers regulations to provide for a matter relating to the
transition from a Manx enactment repealed by the Bill for which the Division
does not make provision or sufficient provision.
PART 7 — CONSEQUENTIAL AND MINOR AMENDMENTS
33. Clauses 103 to 106 amend Acts that cross refer to repealed legislation and update
certain terms to those defined under the Bill, and makes a minor amendment to
another Act.
34. It is not envisaged the Bill will have any significant cost implications. The Bill is
not expected to increase Government expenditure or reduce its income.
Administration of the Bill will be resourced from the existing budget, and using
the existing staffing, of the Attorney General’s Chambers.
It is expected that the updating of interpretative provisions will result in
medium and long-term savings to Government. The provisions for publicly
available official electronic reprints will save the Government (and the
community generally) the cost of having to purchase reprints from a
commercial publisher.
35. In the view of the member moving the Bill its provisions are compatible with
the Convention rights under the Human Rights Act 2001.
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Interpretation Bill 2012
Index
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INTERPRETATION BILL 2012
Index
Section
Page
PART 1 – INTRODUCTORY 11
1 Short title ........................................................................................................................ 11
2 Commencement ............................................................................................................ 12
3 Main purposes of this Act............................................................................................ 12
4 Act not a complete interpretative code ...................................................................... 12
5 Combined operation of this Act and the Legislation Act 2012 ............................... 12
6 Displacement of Act by contrary intention ............................................................... 13
7 Applied Parliamentary enactments: Parliamentary interpretation Acts
apply ............................................................................................................................... 13
8 Interpretative provisions only for this Act ................................................................ 14
PART 2 — BASIC DEFINITIONS AND REFERENCES 14
DIVISION 1 — ACTS AND PROVISIONS 14
9 “Act”............................................................................................................................... 14
10 “Manx enactment” ........................................................................................................ 14
11 “Provision” .................................................................................................................... 15
12 “Parliamentary enactment” and references to UK legislation ............................... 15
13 References in Manx enactments to EU instruments ................................................ 15
DIVISION 2 — PUBLIC DOCUMENTS 16
14 “Public document” ....................................................................................................... 16
15 “Statutory document” and its “responsible authority” .......................................... 16
16 “Non-legislative public document” ........................................................................... 17
17 “Authorising legislation” ............................................................................................ 17
PART 3 — LEGISLATIVE TEXT 17
DIVISION 1 — INTRODUCTORY 17
18 Operation of this Division ........................................................................................... 17
DIVISION 2 —THE TEXT OF AN ACT OR STATUTORY DOCUMENT 17
19 The text ........................................................................................................................... 17
20 Inclusion of certain material before first section ...................................................... 18
21 Excluded material ......................................................................................................... 18
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Index Interpretation Bill 2012
DIVISION 3 — THE TEXT OF CERTAIN PROVISIONS 19
22 Headings ........................................................................................................................ 19
23 Penalties ......................................................................................................................... 19
24 Example of or note to a provision and their relationship with provision ............ 19
25 Schedule provision references .................................................................................... 19
PART 4 — INTERPRETATION AIDS 20
DIVISION 1 — INTRODUCTORY 20
26 Application of this Part................................................................................................ 20
DIVISION 2 — GENERAL AIDS 20
SUBDIVISION 1 — COMMON TERMS AND REFERENCES 20
27 Meaning of commonly-used terms ............................................................................ 20
28 Application of definitions ........................................................................................... 20
29 Definitions to be read in context ................................................................................ 20
30 Defined terms: other parts of speech, grammatical forms, derivations and
associated terms ............................................................................................................ 21
31 References to the Sovereign ........................................................................................ 21
32 Gender............................................................................................................................ 21
33 Number .......................................................................................................................... 21
34 References to “person” generally ............................................................................... 21
35 Meaning of “may”........................................................................................................ 22
36 Meaning of “shall” ....................................................................................................... 22
37 Names commonly used ............................................................................................... 22
38 “Commencement” and references to commencement ............................................ 22
39 References to repealed legislation .............................................................................. 23
SUBDIVISION 2 — REFERENCES 23
40 References to Manx legislation or Parliamentary enactments are inclusive ........ 23
41 General references to provisions or a part of a provision ...................................... 23
SUBDIVISION 3 — OTHER GENERAL AIDS 24
42 Application to all of the Island ................................................................................... 24
43 Manx legislation is always speaking ......................................................................... 24
44 Changes of drafting practice not to affect meaning ................................................ 24
DIVISION 3 — DISTANCE AND TIME 25
45 Measurement of distance ............................................................................................ 25
46 References to “Tynwald Day” and the special sitting of Tynwald Court ............ 25
47 Working out periods of time generally ..................................................................... 25
48 Provisions for non-working days ............................................................................... 26
49 Doing things for which no time is fixed .................................................................... 26
50 Continuing effect of obligations required within a period or by a time .............. 26
DIVISION 4 — OFFENCES AND PENALTIES 27
51 Creation of offences and changes in penalties ......................................................... 27
52 Continuing offences ..................................................................................................... 27
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Interpretation Bill 2012
Index
53 Liability of officers of bodies corporate ..................................................................... 27
54 Meaning of “maximum penalty” followed by a stated penalty............................. 28
55 Meaning of additional words “(on information)” or “(summary)” ...................... 28
DIVISION 5 — SERVICE OF DOCUMENTS 29
56 Application of this Division ........................................................................................ 29
57 Service of documents on individuals ......................................................................... 29
58 Service of documents on body corporate or association ......................................... 29
59 Email or other electronic service by agreement ....................................................... 30
60 Service on unknown owner, lessee or occupier ....................................................... 31
61 When service by prepaid post happens .................................................................... 32
DIVISION 6 — STATUTORY FORMS 32
62 Application of this Division ........................................................................................ 32
63 Power to make statutory forms .................................................................................. 32
64 Compliance with statutory forms ............................................................................... 33
DIVISION 7 — PUBLIC DOCUMENTS 33
65 Words and expressions follow authorising legislation ........................................... 33
66 References to “the Act” etc .......................................................................................... 34
PART 5 — FUNCTIONS AND POWERS 34
DIVISION 1 — GENERAL 34
67 General provisions ........................................................................................................ 34
68 Power to make decision includes power to reverse or change .............................. 34
69 Exercise of powers between making and commencement ..................................... 35
DIVISION 2 — THE EXECUTIVE 35
70 Governor’s delegation power ..................................................................................... 35
71 Signing of Governor’s orders etc ................................................................................ 36
72 Evidence of signing of public documents etc ........................................................... 36
73 Council of Ministers’ amendment power if Parliamentary enactment
applied to the Island ..................................................................................................... 36
DIVISION 3 — APPOINTMENT POWERS 36
74 Appointments may be made by name or office ....................................................... 36
75 Acting appointments: general provisions ................................................................. 37
76 Acting appointments: directions about appointor ................................................... 38
77 Power of appointment includes certain incidental powers .................................... 39
78 Delegation of functions ................................................................................................ 39
DIVISION 4 — GENERAL FEE POWER 39
79 Grant of power to the Treasury, Departments and Statutory Boards ................... 39
80 Matters for which general fee power may be exercised .......................................... 40
81 Treasury concurrence required ................................................................................... 40
82 Requirement to display table of fees and duties ...................................................... 41
83 Receipt of fees or duties ............................................................................................... 41
DIVISION 5 — POWERS FOR PUBLIC DOCUMENTS 41
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Index Interpretation Bill 2012
84 Meaning of “matter” for this Division ...................................................................... 41
85 Additional powers implied by power to make public document ......................... 41
86 Public documents may apply generally or differentially ....................................... 42
87 Public document may apply other laws or documents .......................................... 42
88 Public document may refer to map, plan or register .............................................. 43
89 Power to prescribe fee includes power to prescribe reasonable fee ...................... 43
90 Power to charge reasonable amount for non-obligatory services ......................... 43
91 Power to make public document includes power to amend or repeal ................. 43
92 Acts done under public document ............................................................................ 44
DIVISION 6 — MISCELLANEOUS 44
93 Power to produce information includes information kept on computer ............. 44
94 Power of majority of more than 2 persons ................................................................ 44
PART 6 — OTHER PROVISIONS 45
DIVISION 1 — GENERAL 45
95 Delegation by Council of Ministers ........................................................................... 45
96 Repeals ........................................................................................................................... 45
DIVISION 2 — SAVINGS AND TRANSITIONALS 45
97 Operation of Act for existing Manx legislation and other documents ................. 45
98 Declaratory provision for previous amendments and repeals .............................. 46
99 Declaratory provision for marginal headings included in existing reprints ....... 46
100 References to repealed Acts ........................................................................................ 47
101 References to “statutory provision” and “enactment” ........................................... 47
102 Transitional regulation-making power ..................................................................... 47
PART 7 — CONSEQUENTIAL AND MINOR AMENDMENTS 48
103 Definitions for this Part ............................................................................................... 48
104 Grouped amendments ................................................................................................. 48
105 Substitution of “Manx legislation” for “statutory provision” ............................... 51
106 Particular amendments ............................................................................................... 58
SCHEDULE 61
PART 1 — DEFINITIONS FOR ALL MANX LEGISLATION 61
PART 2 — DEFINITIONS FOR THIS ACT ONLY 70
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Interpretation Bill 2012 Section 1
c
INTERPRETATION BILL 2012
A BILL to assist in the interpretation and shortening of the Island’s legislation
and non-legislative public documents; to consolidate and re-enact the
Interpretation Act 1976, the Fees and Duties Act 1989 and the Statutory Time, et
cetera, Act 1883; to make consequential and minor amendments to other Acts;
and for connected purposes.
BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and
consent of the Council and Keys in Tynwald assembled, and by the authority of the
same, as follows:—
PART 1 – INTRODUCTORY
[General notes for changes since the Consultation draft:
1. Changes of substance from the consultation draft are colourised.
Corrections, editorial changes and minor drafting changes having no bearing
on meaning are not. However, they can be detected by electronic comparison.
Red signifies a change connected with responses by Appleby.
Teal signifies a change connected with responses by the Clerk of Tynwald.
Light green signifies a change connected with responses by CSO.
Pink signifies a change connected with responses by the General Registry.
Light blue signifies a change connected with responses by ITD.
Yellow signifies a change or a note from within the Attorney General’s
Chambers (other than corrections or inconsequential drafting changes).
Nearly all of these changes are only of a drafting nature. However, they have
been colourised because they might have some minor substantive effect.
The colourings and their order are in no particular order of significance.
Some coloured provisions relate to more than one response.
2. Deliberate omission of capitalisation and full stops for non-sentences:
Following editorial practice, if a list (e.g. a one-word example) is not a
sentence (i.e. it has no verb), it starts in lower case and does not end with a
full stop.]
1 Short title
The short title of this Act is the Interpretation Act 2012.
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Section 2 Interpretation Bill 2012
2 Commencement
This Act, other than section 1 and this section, commences on the day appointed
by order of the Council of Ministers.
3 Main purposes of this Act
The main purposes of this Act are to —
(a)
(b)
(c)
(d)
state what forms part of, and to state basic rules for interpreting,
the following (collectively called “Manx legislation”) —
(i)
(ii)
(iii)
Acts of Tynwald, including this Act; and
statutory documents;
UK legislation and other laws that, under an Act of
Tynwald or a statutory document, has effect in the Island;
make generic provisions about functions and powers for Manx
legislation and non-legislative public documents;
shorten Manx legislation by avoiding the need for repetition; and
promote consistency in the language and form of Manx
legislation.
Note: Definitions appear in quotation marks. Those for more than one section are in bold font and
are “signposted” in the Schedule. Those in plain font are only for the particular section in which
they appear and are not “signposted”.
4 Act not a complete interpretative code
1976/20/2
(1) This Act is not intended to be a complete code for interpreting Manx
legislation.
(2) In particular, this Act does not exclude the operation of interpretative
rules not inconsistent with this Act.
(3) In this section, “interpretative rules” means rules, privileges or
presumptions at common law or in equity.
5 Combined operation of this Act and the Legislation Act 2012
(1) This Act and the Legislation Act 2012 (the “Legislation Act”) are to be
read together.
(2) Both Acts apply to all Manx legislation (including this Act) and nonlegislative
public documents public documents.
(3) Subject to sections 6 and 7, Manx legislation and non-legislative public
documents are taken to be made on the basis that they will operate in
conjunction with both Acts.
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Interpretation Bill 2012 Section 6
(4) Section 46 (references to Tynwald Day and special sitting of Tynwald
Court) also applies for non-legislative public documents and all other
documents.
6 Displacement of Act by contrary intention
(1) The application of this Act may be displaced, wholly or partly, by a
contrary intention appearing in Manx legislation or a non-legislative
public document to which this Act applies (the “instrument”).
Example: Section 51(1) of this Act (creation of offences and change in penalties) is
displaced by section 50 (retrospective application of certain offences) of the International
Criminal Court Act 2003 for offences under section 45 (Genocide, crimes against
humanity and war crime) of that Act.
[Note: This important exception was pointed out by Jane Turley. Suggest it
fits better here than in cl 51. This example is not critical for the displacement.
Subsection (1) works without it. However, it is recommended as a useful
illustration of the operation of the Act.]
(2) However, a provision of this Act is not displaced by a provision of the
instrument to the extent the 2 provisions can operate concurrently.
(3) Subsection (2) applies even if the 2 provisions deal with the same or a
similar subject matter.
(4) This section is subject to section 7.
7 Applied Parliamentary enactments: Parliamentary interpretation Acts
apply
1976/20/1A
(1) This section applies if Manx legislation applies (with or without change)
a Parliamentary enactment to the Island (the “applied law”).
(2) Subject to any contrary intention under the applied law, the applied law
as it has effect in the Island must be interpreted under Parliamentary
Interpretation Acts.
(3) However, the applied law is taken to include all necessary changes for its
effective operation in the Island.
Example: The applied law refers to distributing post. As applied, it still mentions the
Royal Mail performing that function. To the extent the function is performed in the
Island, the reference to the Royal Mail is taken to be to the Isle of Man Post Office
instead.
(4) To avoid any doubt, this section does not apply to UK legislation or
another document applied by a public document, under section 87.
(5) In this section, “Parliamentary Interpretation Acts” means the
Interpretation Act 1978 of Parliament and any other Parliamentary
enactment relevant to interpreting the applied law.
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Section 8 Interpretation Bill 2012
8 Interpretative provisions only for this Act
(1) The definitions under Part 2 of the Schedule apply only for this Act.
(2) In this Act —
(a)
(b)
a reference to a function includes a power; and
a reference to performing a function includes a reference to
exercising a power.
PART 2 — BASIC DEFINITIONS AND REFERENCES
DIVISION 1 — ACTS AND PROVISIONS
9 “Act”
(1) If the word “Act” is used without reference to the legislature that made
it, the word means the text of a Bill that has been passed by Tynwald and
has commenced as an Act of Tynwald.
Notes:
1. For what forms the text of an Act or statutory document, see Part 3, Division 2.
2. For when an Act commences, see Part 2, Division 2 of the Legislation Act.
(2) In an Act of Tynwald (the “Act in question”), a reference to the term
“Act” generally without referring to any particular Act is a reference to
the text of any Act of Tynwald, including the Act in question.
(3) If the short title of an Act is amended, a reference in a Manx enactment to
the Act by its short title before the amendment includes a reference to the
text of the Act by its short title as amended.
10 “Manx enactment”
1976/20/3(1) & 9(1)
(1) A “Manx enactment” is an Act or a provision of an Act.
(2) A reference (either generally or specifically) to a Manx enactment
includes a reference to all public documents in operation under the
enactment.
(3) If a Manx enactment refers to another Manx enactment (the “other Act”),
the reference is a reference to the following —
(a)
(b)
the other Act as originally enacted, and as amended from time to
time since it was originally enacted;
if the other Act has been repealed and re-enacted (with or without
change) since the reference was made —
(i)
the other Act as re-enacted (or last re-enacted); and
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Interpretation Bill 2012 Section 11
(c)
(ii)
as amended from time to time since it was re-enacted (or
last re-enacted); and
if a relevant provision of the other Act has been omitted and reenacted
(with or without change) in another Manx enactment
since the reference was made —
(i)
(ii)
the Manx enactment in which the provision was re-enacted
(or last re-enacted), as in operation when the provision was
re-enacted (or last re-enacted); and
as amended from time to time since the provision was reenacted
(or last re-enacted).
(4) Subsection (3) is subject to Part 4, Division 4 (default savings and
transitional provisions) of the Legislation Act.
11 “Provision”
A “provision” of Manx legislation or UK legislation is words or another matter
included in its text.
Examples of provisions: a Chapter, Part, Division, Subdivision, section, subsection, paragraph,
subparagraph, note, example or Schedule, and a group of provisions of any of those types
12 “Parliamentary enactment” and references to UK legislation
(1) A “Parliamentary enactment” is an Act of Parliament or a provision of
an Act of Parliament.
(2) A reference (either generally or specifically) to a Parliamentary
enactment includes a reference to all instruments of a legislative
character in operation under the enactment.
(3) A reference in a Manx enactment to UK legislation is a reference to the
legislation as it was in operation when the provision containing the
reference commenced.
Note: For references to repealed UK legislation applied to the Island, see section 39(3).
13 References in Manx enactments to EU instruments
1976/20/1B
(1) This section applies if —
(a)
(b)
a Manx enactment passed after section 1B of the repealed
Interpretation Act commenced refers to an EU instrument (the
“original instrument”); and
Note: Section 1B commenced on 18 October 2011.
the original instrument has been amended, extended or applied
by another EU instrument.
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Section 14 Interpretation Bill 2012
(2) The reference is a reference to the original instrument as so amended,
extended or applied.
Note: For public documents, see section 87 (public document may apply other laws or
documents) and section 2C of the European Communities Act.
DIVISION 2 — PUBLIC DOCUMENTS
14 “Public document”
(1) A “public document” is an order, proclamation, warrant, scheme, rule,
regulation, byelaw, resolution, notice or other document (whether or not
it is legislative in character) made under an Act.
(2) However, a document made under an Act is not a public document if the
Act declares it not to be one.
(3) In a public document, a reference to a public document generally
includes a reference to —
(a)
(b)
that public document; and
any provision of a public document.
15 “Statutory document” and its “responsible authority”
(1) A “statutory document” is the text of —
(a)
(b)
(c)
regulations, orders, bye-laws, schemes or rules of court;
a public document declared under an Act to be a statutory
document; or
a public document of a legislative character.
(2) However, “statutory document” does not include —
(a)
(b)
(c)
rules or standing orders of Tynwald;
another public document of a judicial nature; or
Example: a court judgment or order
a public document declared under an Act not to be a statutory
document.
(3) For subsection (1)(c), a public document is legislative in character only if
it unilaterally affects a right or liability of someone other than the body
making it.
Examples of public documents that are a statutory document only if subsection (1)(a) or
(b) applies: Public documents not mentioned in subsection (2) that are of a machinery,
administrative, drafting or formal nature.
(4) The “responsible authority” for, or for a provision about, a statutory
document, is —
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Interpretation Bill 2012 Section 16
(a)
the Chief Minister or a member of the Department in which the
authorising legislation is administered if the statutory document
is made by the Council of Ministers; or
(b) for the following , the General Registry —
(c)
(i)
(ii)
rules of court;
statutory documents made by the General Registry; or
the Department, Statutory Board or other person or body that
made, approved or confirmed the statutory document in other
cases.
Note: For the main functions of responsible authorities for statutory documents, see Part 3,
Division 2 (statutory documents: Tynwald procedures) and Part 4, Division 1 (numbering,
citation and distribution) of the Legislation Act.
16 “Non-legislative public document”
A “non-legislative public document” is any public document that is not a
statutory document.
Example: A Governor’s warrant mentioned in section 71 that is not the subject of a declaration
under section 14(2).
17 “Authorising legislation”
The “authorising legislation” for a public document is —
(a)
(b)
if it is made or is in operation under an Act, that Act; or
if it is made or is in operation under a statutory document, that
statutory document.
PART 3 — LEGISLATIVE TEXT
DIVISION 1 — INTRODUCTORY
18 Operation of this Division
This Division provides for what material forms part of an Act or statutory
document or certain provisions of Acts or statutory documents (its “text”)
[Note: Changes made here to omit references to “Manx legislation” to avoid
circularity with the main definitions.]
DIVISION 2 —THE TEXT OF AN ACT OR STATUTORY DOCUMENT
19 The text
(1) Subject to sections 21 and 22, the text of an Act or statutory document is
all material from the start of its first section to the end of —
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Section 20 Interpretation Bill 2012
(a)
(b)
if there is no Appendix or Schedule, its last section; or
if it there is an Appendix or Schedule, its last Appendix or
Schedule.
(2) For a statutory document, a reference in this section to a stated type of
provision of an Act is a reference to a provision (whatever called) of the
document that were it in an Act, would be called a provision of the stated
type.
Example: A reference in this Part to a “section” includes a reference to a provision of a
statutory document called an article, regulation or paragraph.
20 Inclusion of certain material before first section
The text of an Act or statutory document includes any of the following material
before its first section —
(a)
(b)
(c)
any preamble or recital (however described);
any enacting words, or words similar to enacting words; or
a Chapter, Part, Division or Subdivision heading or a crossheading.
21 Excluded material
1976/20/8
(1) The text of an Act or statutory document does not include —
(a)
(b)
(c)
(d)
(e)
(f)
any long title;
a marginal citation or note citing or referring to a provision;
a derivation;
a footnote;
a reprint note; or
(2) In this section —
for amending legislation, formatting or material included only to
differentiate amendments from the rest of the legislation.
Example for paragraph (f): The amendments are highlighted or italicised. The
highlighting or italicisation itself is not included in the text of the amending
legislation.
“derivation” means words in a provision that cites legislation (whether from the
Island, Parliament or elsewhere) from which the provision was derived;
and
“reprint note” means a declaration or note inserted in a reprint under Part 5
(reprints) of the Legislation Act or section 1(2) of the repealed Reprints
Act 1981.
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Interpretation Bill 2012 Section 22
DIVISION 3 — THE TEXT OF CERTAIN PROVISIONS
22 Headings
(1) A provision’s text includes any heading to it.
(2) If a section has a cross-heading immediately before it and there is
another cross-heading immediately after it, the section’s text includes the
first crossheading, but not the second.
23 Penalties
(1) A penalty at the end of a subsection —
(a)
(b)
is included in the subsection’s text, unless the penalty is expressed
in a way that indicates it applies only to other subsections of the
section; or
if the penalty is expressed in a way that indicates it applies only to
other subsections, is included in the text of the section.
(2) A penalty at the end of a section not divided into subsections is included
the section’s text.
24 Example of or note to a provision and their relationship with provision
(1) This section applies to an example of, or a note to, a provision appearing
at the end of the provision.
(2) The example or note —
(a)
(b)
is included in the provision’s text, unless the example or note is
expressed to relate to a different provision; and
Example: Paragraph (a)’s text includes this example. Therefore, an amendment
omitting paragraph (a) would omit this example.
is not exhaustive and may extend (but does not limit) the
provision’s meaning.
(3) In this section, “example”, of a provision, includes —
(a)
(b)
a statement at the end of the provision it illustrates (or at the end
of a provision containing the provision it illustrates); and
a statement at the end of the provision which statement is
included in the text of the same sentence as the provision
illustrating the provision’s operation, whether or not the words
“for example” are used.
25 Schedule provision references
A provision reference associated with a heading to a Schedule is included in the
text of the heading and not the body of the Schedule.
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Section 26 Interpretation Bill 2012
Note: The provision referred to is the “authorising section” or other “authorising” provision
relevant to the Schedule.
PART 4 — INTERPRETATION AIDS
DIVISION 1 — INTRODUCTORY
26 Application of this Part
(1) This Part applies for interpreting all Manx legislation.
(2) Section 46 (references to Tynwald Day and special sitting of Tynwald
Court) also applies for non-legislative public documents and all other
documents.
(3) For a statutory document, a reference in this Part to a stated type of
provision of an Act is a reference to a provision (whatever called) of the
document that, were it in an Act, would be called a provision of the
stated type.
Example: A reference in this Part to a “section” includes a reference to a provision of a
statutory document called an article, regulation or paragraph.
DIVISION 2 — GENERAL AIDS
SUBDIVISION 1 — COMMON TERMS AND REFERENCES
27 Meaning of commonly-used terms
The definitions in Part 1 of the Schedule apply to all Manx legislation.
28 Application of definitions
1976/20/31
(1) A definition applying to all Manx legislation, or to particular Manx
legislation, applies to the whole of that legislation.
(2) A definition expressed to be for a particular provision does not apply to
another provision.
29 Definitions to be read in context
Definitions in or applicable to Manx legislation apply except to the extent the
context or subject matter otherwise indicates or requires.
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Interpretation Bill 2012 Section 30
30 Defined terms: other parts of speech, grammatical forms, derivations
and associated terms
(1) If Manx legislation defines a term, other parts of speech and grammatical
forms of the term have corresponding meanings.
Example: “Published”, “publisher”, “publishes”, “publishing” and “publication” are
other parts of speech or grammatical forms of the word “publish”.
(2) If Manx legislation defines a term (the “defined term”), a reference to a
term derived from, or associated with, the defined term is, subject to the
context, to be interpreted as having a meaning based on the defined
term.
Example: “Occupier” and “occupied” are associated terms. A definition of “occupier”
applying to a provision of Manx legislation is, subject to the context, to be used to
interpret what “occupied” means in that provision.
31 References to the Sovereign
P1978/30/10
(1) This section applies for a reference in Manx legislation to the Sovereign
generally or to the Sovereign reigning when the legislation commences,
at some other stated time or when a stated event happens.
(2) The reference includes a reference to —
(a)
(b)
the Sovereign’s predecessors and heirs; and
the capacity of the Sovereign, and the Sovereign’s predecessors
and heirs, as the Lord of Mann.
32 Gender
1976/20/35(1)
Words indicating a gender include other genders.
33 Number
1976/20/35(2)
Words in the singular include the plural and words in the plural include the
singular.
34 References to “person” generally
(1) An expression used to denote persons generally includes a reference to a
body corporate as well as to an individual.
Example: “Person”, “anyone else”, “party”, “someone else”, “no-one”, “another”,
“whoever” and “employer” are references to a person generally.
(2) Subsection (1) is not displaced only because there is an express reference
to either an individual or corporation elsewhere in the Manx legislation.
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Section 35 Interpretation Bill 2012
Examples:
1. “Body corporate” and “company” are express references to a
corporation.
2. “Adult”, “child”, “spouse” and “driver” are express references to an individual.
35 Meaning of “may”
1976/20/34
The word “may”, if used for a function, indicates the function may be exercised,
or not exercised, at discretion.
36 Meaning of “shall”
1976/20/34
The word “shall”, if used for a function, indicates the function is required to be
exercised.
37 Names commonly used
1976/20/33
A common name for someone or something is the person or thing to which the
name is commonly applied, or is commonly applied in the Island, whether or
not it is the formal or unabbreviated name or designation of the person or thing.
38 “Commencement” and references to commencement
(1) Generally, the “commencement”, for Manx legislation, is the time at
which it comes into operation.
(2) However, a reference in Manx legislation to when that legislation or
other Manx legislation (the “referenced law”) commences is a reference
to the following —
(a)
(b)
(c)
if the main provisions of the referenced law all commence, or are
all required to commence, on a single day or at a single time, the
commencement of its main provisions;
if paragraph (a) does not apply and the reference is in a provision
of the referenced law, the commencement of the provision; or
in other cases, the commencement of the relevant provision of the
referenced law.
Note: For general provisions about commencement, see Part 2, Division 2 and
Part 3, Division 1 of the Legislation Act.
(3) In this section, “main provisions”, of the referenced law, means its
provisions other than those providing for its citation and
commencement.
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Interpretation Bill 2012 Section 39
39 References to repealed legislation
(1) Generally, a reference to repealed legislation is a reference to that
legislation as it was in operation immediately before it was repealed.
(2) However, subsection (3) applies if Manx legislation applies (with or
without change) a Parliamentary enactment to the Island and the
enactment is subsequently repealed.
(3) A reference to the repealed enactment is a reference to the enactment as it
was in force when the provision applying it to the Island commenced.
Note: For references to extant enactments of Parliament, see section 12.
SUBDIVISION 2 — REFERENCES
40 References to Manx legislation or Parliamentary enactments are
inclusive
1976/20/9(2)
A reference to a provision of Manx legislation or Parliamentary enactment (the
“law”) is a reference to —
(a)
(b)
(c)
Examples:
the part of the law that starts the provision;
the part of the law that ends the provision;
any part of the law between the start and the end of the provision.
1. A reference to “sections 5 to 9” includes both section 5 and section 9.
2. A reference to “sections 260 to 264” includes a provision such as a Part heading
between section 260 and section 261.
3. A subsection of an Act contains the words “a child who is capable of exercising the
judgement of an adult”. Another Act amends the subsection by omitting from “child” to
“adult”. The amendment omits “child”, “adult” and all words in between them.
41 General references to provisions or a part of a provision
1976/20/9(3)-(8)
(1) If —
(a)
(b)
Manx legislation refers to a numbered or lettered Chapter, Part,
Division, Subdivision, section or Schedule (a “higher level
provision”); and
there is nothing in the context to indicate the reference is to a
higher level provision outside the legislation,
the reference is to the higher level provision so numbered or lettered in
the legislation.
(2) However, if —
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Section 42 Interpretation Bill 2012
(a)
(b)
the higher level provision referred to is a Schedule or Part of a
Schedule; and
there is nothing in the context to indicate the reference is to a
higher level provision of the body of the Manx legislation or to
another Schedule to it,
the reference is to the higher level provision so numbered or lettered in
the Schedule or Part.
(3) If a section or a paragraph in a Schedule refers to a provision of a section
or paragraph without referring to any particular section or paragraph,
the reference is to that section or paragraph.
Example: A section numbered 24 has 6 subsections. Section 24(6) just refers to
something done “under subsection (3)”. The reference is to section 24(3).
(4) If a Manx enactment refers to a public document without referring to any
particular one, the reference is to any public document made under the
enactment.
(5) A reference in a Manx enactment to a power exercisable, public
document made or act or thing done under a Manx enactment is a
reference to a power exercisable, a public document made or act or thing
done under the enactment or of any public document made under it.
SUBDIVISION 3 — OTHER GENERAL AIDS
42 Application to all of the Island
1976/20/5
Manx legislation applies to the entire Island.
43 Manx legislation is always speaking
1976/20/30
Manx legislation continues to have effect and may be applied from time to time
as occasion requires.
44 Changes of drafting practice not to affect meaning
(1) The purpose of this section is to encourage improvements in the form of
Manx legislation by the following without inadvertently changing its
substantive effect —
(a)
(b)
replacing older forms of legislative expression with forms
reflecting current drafting practice; and
updating legislative structure.
(2) If Manx legislation is amended so that it contains an older form of
legislative expression in one provision and a newer form of expression in
another, the ideas in those provisions must not be regarded as different
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Interpretation Bill 2012 Section 45
only because different words are used or the provisions are structured
differently.
(3) Subsection (2) also applies if the provisions are in different Manx
legislation.
(4) If Manx legislation is amended so that a provision containing an older
form of legislative expression is replaced (whether or not in the same
position) by a provision in a newer form, the ideas in those provisions
must not be regarded as different only because different words are used
or the provisions are structured differently.
(5) In deciding whether the ideas are different, regard must be had to the
context and history of the provisions.
(6) Subsection (5) does not limit the matters to which regard may be had.
DIVISION 3 — DISTANCE AND TIME
45 Measurement of distance
1976/20/39
Distance is to be measured in a straight line on a horizontal plane.
46 References to “Tynwald Day” and the special sitting of Tynwald Court
1883/V p 209/2
(1) This section applies to a reference in Manx legislation, a non-legislative
public document or another document to Tynwald Day, or to anything
appointed to be done at the Tynwald Court ordinarily held yearly on 5th
July.
(2) “Tynwald Day” is each—
(a)
(b)
(c)
5th July, if that day is not a Saturday or Sunday;
if 5th July is a Saturday, 7th July; or
if 5th July is a Sunday, 6th July.
(3) A reference to the Tynwald Court ordinarily held yearly on 5th July also
includes a reference to every day to which that Court may be adjourned.
47 Working out periods of time generally
1976/20/36(a)
(1) Subject to section 48, this section applies for working out periods
of one day or longer, whether the period is a period in the future or
the past.
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Section 48 Interpretation Bill 2012
(2) A period of time described as starting at, on or with a stated day,
act or event includes the stated day or the day of the stated act or
event.
(3) A period of time described as starting from or after a stated day,
act or event does not include the stated day or the day of the stated
act or event.
(4) A period of time described as ending at, by, on or with, or as
continuing to or until, a stated day, act or event includes the stated
day or the day of the stated act or event.
(5) A period of time described as ending before a stated day, act or
event does not include the stated day or the day of the stated act or
event.
(6) A reference to a number of days between 2 events does not include
the days when the events happen.
(7) Despite subsection (3), if something must or may be done within a
particular period of time after a stated day, the thing may be done
on the stated day.
48 Provisions for non-working days
1976/20/36(b) & (c)
(1) If an act or proceeding is directed or allowed to be done or taken
within a period of time of 6 days or less, non-working days are not
included in working out the period.
(2) If —
(a)
(b)
something must or may be done on a particular day or within a
particular period of time; and
the day, or the last day of the period, is a non-working day,
the thing must or may be done on the next day that is a working day.
49 Doing things for which no time is fixed
1976/20/38
If something must or may be done but no time is provided for doing it, the thing
must or may be done as soon as reasonably possible and as often as needed.
50 Continuing effect of obligations required within a period or by a time
If an act must be done, the obligation to do the act continues until the act is done
even if —
(a)
the provision required the act to be done within a certain period
or before a certain time, and the period has ended or the time has
passed; or
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Interpretation Bill 2012 Section 51
(b)
someone has been convicted of an offence for not doing the act.
DIVISION 4 — OFFENCES AND PENALTIES
51 Creation of offences and changes in penalties
(1) If a provision of Manx legislation makes an act or omission an offence,
the act or omission is only an offence if the act or omission happened
after the provision commences.
(2) If a provision of Manx legislation increases the penalty for an offence, the
penalty as increases applies only to an offence committed after the
provision commences.
52 Continuing offences
(1) This section applies to a requirement under Manx legislation to do an act
if —
(a)
(b)
the act is required to be done within a particular period or before
a particular time; and
failure to comply with the requirement is an offence against a
provision of the legislation.
(2) A charge for an offence against the provision may be by reference to a
day, stated days or any longer period of time.
(3) If, on a charge for a period of time (the “charged period”), a person is
convicted of an offence against the provision (the “first conviction”), the
person may also be convicted of a second or subsequent offences by
reference to any period of time during the charged period following the
first conviction.
(4) The maximum penalty for an offence against the provision applies for
each of the second or subsequent convictions.
53 Liability of officers of bodies corporate
(1) This section applies if —
(a)
(b)
an offence against a provision of Manx legislation is committed by
a body corporate; and
it is proved that an officer of the body authorised, permitted,
participated in, or failed to take all reasonable steps to prevent the
commission of, the offence.
(2) The officer, as well as the body, commits the offence.
Maximum penalty — the maximum penalty for the offence by the body.
(3) In this section, “officer”, of the body, includes all or any of the following
of or for the body —
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Section 54 Interpretation Bill 2012
(a)
(b)
(c)
(d)
a director, manager or secretary or other similar officer;
anyone purporting to act as its director, manager or secretary;
if its affairs are being managed by its members, a member; and
if it has a registered agent under incorporation legislation, the
registered agent or anyone purporting to act as its registered
agent.
54 Meaning of “maximum penalty” followed by a stated penalty
If the words “maximum penalty” appear in a provision followed by a stated
penalty, the words mean that a contravention of the provision is an offence that
is punishable by a penalty not exceeding the stated penalty.
Examples:
1. The following penalty at the end of a section divided into 3 subsections —
“Maximum penalty for subsection (3) — £2,500.”.
2. The following penalty at the end of a subsection, but not at the end of a section —
“Maximum penalty —
(a)
(b)
for paragraph (b) — £2,500; or
for paragraph (c) — £2,500, custody for 6 months or both.”.
55 Meaning of additional words “(on information)” or “(summary)”
(1) This section applies if —
(a)
(b)
section 54 applies for a particular provision; and
after the words “maximum penalty”, the words “(summary)” or
“(on information)” appear after “maximum penalty” (whether or
not immediately after those words) but before the stated penalty
for the provision.
Examples: “Maximum penalty (summary) — £5,000” and “Maximum penalty
(on information) — 2 years custody or a fine of any amount, or both”
(2) The words “(summary)” means the penalty refers to a summary
conviction for the offence mentioned in section 54.
(3) The words “(on information)” mean the penalty refers to a conviction on
information for the offence mentioned in section 54.
(4) If “(summary)”, but not “(on information)”, appears in the provision, or
vice versa, a proceeding for an offence against the provision is a
summary offence or an offence triable only on information, as the case
may be.
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Interpretation Bill 2012 Section 56
DIVISION 5 — SERVICE OF DOCUMENTS
56 Application of this Division
(1) This Division applies if —
(a)
(b)
a document is authorised or required to be served, whether the
word “serve”, “deliver”, “give”, “notify”, “send” or another word
of a similar effect is used; and
no particular manner of service is required.
(2) This Division does not affect the application of —
(a) the Service of Documents Act 1963;
(b) the Electronic Transactions Act 2000;
(c)
(d)
a provision under incorporation legislation about how a
document may be served on a body corporate; or
any other provision under which a document is authorised or
required to be served otherwise than as provided under this
Division.
57 Service of documents on individuals
1976/20/41(2)
(1) The document may be served on an individual by —
(a)
(b)
(c)
personal service;
sending an envelope containing the document by prepaid post,
addressed to the individual at the individual’s address; or
leaving it for the individual with someone who appears to be at
least 16 years old and to live or be employed at the individual’s
address.
(2) In this section, “address”, for an individual, means the individual’s usual
or last known place of abode or business.
58 Service of documents on body corporate or association
1976/20/41(2)(d)
(1) The document may be served on a body corporate or association (“the
entity”) by —
(a)
(b)
(c)
giving it to a relevant officer or agent of the entity;
sending an envelope containing the document by prepaid post,
addressed to the entity (or a relevant officer or agent of the entity),
to its registered address; or
leaving it for the entity with someone who appears to be at least
16 years old and to live or be employed at its registered address.
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Section 59 Interpretation Bill 2012
(2) In this section —
“association” means a partnership or other association of persons, whether or
not it is incorporated or has legal personality;
“board”, of the entity, means any governing body of the entity;
“relevant officer or agent”, of the entity, means —
(a)
(b)
(c)
a director of the entity;
anyone (however described and, if the entity is a body corporate,
whether or not the person is a director of the entity) —
(i)
(ii)
under whose directions or instructions a director of the
entity’s board may be required, or is, accustomed to act; or
who exercises, or is entitled to exercise, or who controls, or
is entitled to control, the exercise of powers that, apart
from the entity’s constitution, would fall to be exercised by
its board; and
anyone else who, under any relevant Manx legislation, is a
registered agent of, or is authorised to accept service for, the
entity; and
“registered address”, for an entity, means its registered office, principal office,
business address or other address for its place of business registered
under incorporation legislation.
59 Email or other electronic service by agreement
(1) The document may be served on a person (the “recipient”) by using a
particular form of electronic communication to a particular electronic
address (the “agreed mode”) agreed to in writing by the recipient before
the communication is sent.
Example of a written agreement: A Department makes a statutory form for electronic
dealings concerning its administration of a particular Act, for those who choose to do so.
The form requires someone completing the form (the “participant”) to —
(a)
(b)
(c)
state the participant’s email address for such dealings;
agree to certain conditions, including one that the Department may serve
documents about such dealings by email to the participant at the stated address
(“service by email”); and
show the participant’s agreement to the conditions in a box located near to, or
that is referenced by, a statement to that effect.
An electronic tick in the box is the participant’s written agreement to service by email.
(2) Subsections (3) to (5) apply if —
(a)
the sender sends the recipient an electronic communication using
the agreed mode; and
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Interpretation Bill 2012 Section 60
(b)
the communication states that a document (whether or not
identified) for the recipient is available for viewing by opening a
stated hyperlink (or words to a similar effect).
(3) The recipient is taken to have also been served with the document if it
was able to be viewed at the location so hyperlinked (the “hyperlinked
address”) —
(a)
(b)
when the communication was sent (the “sending time”); and
for a period after the sending time that, in all the circumstances,
was reasonable to allow the recipient to open the hyperlink and
read or copy the document.
(4) Subsection (3) applies whether or not, or whenever, the recipient opened
the hyperlink.
(5) In a civil or criminal proceeding, a certificate signed by the sender (or, if
the sender is a body corporate, an officer of the sender) attaching a copy
of the communication and stating the following matters is evidence of
those matters —
(a)
(b)
(6) In this section —
the sending time; and
that the document was able to be viewed at the hyperlinked
address at the sending time and for a stated period after that time.
“electronic communication” means a communication, by means of a
telecommunication system, of information —
(a)
(b)
in the form of data, text or images; or
in the form of speech processed at its destination by an automated
voice recognition system; and
“sender” means the person sending the document by electronic communication,
or an agent or principal of that person; and
Note: See also section 2 (time and place of dispatch and receipt of electronic
communications) of the Electronic Transactions Act 2000.
60 Service on unknown owner, lessee or occupier
1976/20/41(2)(e)
(1) This section applies if —
(a)
(b)
(c)
a person (the “sender”) wishes to serve the document on someone
(the “recipient”) who owns, leases or occupies certain premises;
the sender does not know the recipient’s identity; and
reasonable enquiries by the sender to find out that identity have
been unsuccessful.
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Section 61 Interpretation Bill 2012
(2) The sender may serve the document on the recipient by properly
addressing the document to the recipient and by doing one or both of the
following —
(a)
(b)
delivering it to someone at the premises who appears to be at least
16 years old and to live or be employed there; or
fixing the document, or a copy of it, to some conspicuous part of
the premises.
(3) In this section, “properly addressing” the document to the recipient
means addressing it to the “owner”, “lessee” or “occupier” (as the case
may be) of the premises and naming or otherwise identifying the
premises.
61 When service by prepaid post happens
1976/20/41(1)
(1) This section applies if, under this Division, a document is served by
sending the document by prepaid post.
(2) The document is taken to have been served —
(a)
(b)
generally, when it would be delivered in the ordinary course of
post; or
if it was sent by registered post in the Island for delivery at a place
in the Island or the United Kingdom, 48 hours after it was sent.
(3) However, subsection (2) does not apply if the contrary is proved.
(4) In this section, “registered post” means prepaid post sent under a
scheme under section 13 (charges, terms and conditions) of the Post
Office Act 1993 under which that office accepts limited liability under
section 19 of that Act.
DIVISION 6 — STATUTORY FORMS
62 Application of this Division
This Division applies if Manx legislation (the “authorising legislation”)
generally authorises or requires a form (a “statutory form”) to be approved or
prescribed (“made”).
63 Power to make statutory forms
A statutory form may be made for a matter under or relating to a provision of
the authorising legislation, even though the provision does not mention any
form.
Example: Section 23 of the X Act provides for a person to apply for registration but does not
mention the form to be used for the application. The X Act does not empower the Department
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Interpretation Bill 2012 Section 64
administering the X Act to make forms for that Act. This section authorises that Department to
make a statutory form for the application.
64 Compliance with statutory forms
1976/20/42
(1) Substantial compliance with a statutory form is sufficient.
Example of substantial compliance: The current statutory form for an application
requires it to be made at a stated address. An applicant uses a superseded version of the
form that states an old address. The applicant makes the application to the stated address
and not the old one. Apart from the statement of the old address in the superseded form,
the application complies with the current form.
(2) However, if a statutory form requires all or any of the following, it is
properly completed only if the requirement is complied with —
(a)
(b)
(c)
(d)
(e)
that the form is to be signed;
that the form is to be prepared in a particular way;
Examples: On paper of a particular size or quality, or in a particular electronic
form.
that the form is to be completed in a particular way;
that particular information is to be included in the form, or a
particular document is to be attached to or given with it; or
that the form, information in the form, or a document attached to
or given with it, is to be verified in a particular way.
Example: by a statutory declaration
(3) Despite subsection (2), one need not comply with the requirement
mentioned in subsection (2)(d) (and the statutory form is taken to be
properly completed despite the non-compliance) if —
(a)
(b)
the form is approved or prescribed for a purpose; and
the information or document is not reasonably necessary for the
purpose because it is irrelevant to a purpose for which the form is
required.
(4) If the authorising legislation requires a statutory form to be completed
for an application or another purpose, the application is not made or the
purpose is not achieved unless the form is completed as required under
this section.
DIVISION 7 — PUBLIC DOCUMENTS
65 Words and expressions follow authorising legislation
1976/20/25
Words and expressions used in a public document have the same meanings as
they have, from time to time, under its authorising legislation.
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Section 66 Interpretation Bill 2012
66 References to “the Act” etc
(1) In a public document a reference to “Act” or “the Act” without
mentioning a particular Act, means the Act under which the public
document is made or is in operation.
(2) A reference in a public document to “these Regulations”, “this Order” or
a similar expression signifying the public document itself includes any
public document made under it.
PART 5 — FUNCTIONS AND POWERS
DIVISION 1 — GENERAL
67 General provisions
1976/20/26(1)-(3)
(1) A function under Manx legislation may be performed from time to time
as the occasion requires.
(2) If the function is conferred on a stated officer or the holder of a stated
office, it may be performed by any person for the time being occupying
or acting in the office concerned.
(3) A power under Manx legislation to do an act or thing (including, for
example, to make a public document) includes the power to do anything
else reasonably necessary for, or incidental to, doing the act or thing.
Example: A statutory document is amending legislation. It may make consequential
amendments to statutory documents made under other Manx legislation or by a
different body to the one making the amending legislation.
(4) A power under a Manx enactment to amend a Manx enactment (the
“subject enactment”) other than by an Act does not include a power to
repeal or to amend in a way that will render the subject enactment
ineffective or of no value or importance.
(5) In this section, “person” includes an unincorporated body.
68 Power to make decision includes power to reverse or change
1976/20/28
(1) If Manx legislation passed after this section commences authorises or
requires the making of a decision, the power includes a power to reverse
or change the decision.
(2) The power to reverse or change is exercisable in the same way, and
subject to the same conditions, as the power to make the decision.
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Interpretation Bill 2012 Section 69
69 Exercise of powers between making and commencement
1976/20/27
(1) This section applies for a power to do anything given under —
(a)
(b)
Manx legislation (the “authorising legislation”) that has been
made, but has not commenced; or
Manx legislation that has been made, as amended under other
Manx legislation that has been made, and either or both such
legislation has not commenced (either or both also called the
“authorising legislation”).
Examples: A power to make a public document or appoint members of a body to
be established under the authorising legislation.
(2) Any of the following may take place at any time —
(a)
(b)
the exercise of the power; or
doing anything else for the purpose of bringing the authorising
legislation into operation or giving it full effect.
(3) For the exercise of the power or doing the other thing, the authorising
legislation is taken to have commenced.
(4) A public document or appointment made under this section commences
on the latest of the following to happen —
(a)
(b)
(c)
when all of the authorising legislation has commenced;
on the day or at the time the public document or appointment
would have commenced if it had not been made under this
section; or
any other later day of effect stated in the public document or the
relevant document of appointment.
DIVISION 2 — THE EXECUTIVE
70 Governor’s delegation power
1976/20/23
(1) The Governor may delegate the performance of any of the Governor’s
functions under a Manx enactment or Tynwald resolution, other than a
power to make a public document.
(2) The delegation may be to —
(a)
(b)
a named person or body; or
the officer, or the holder of an office, identified by reference to the
title of the office concerned.
(3) The Governor may impose conditions on the performance of the
delegated function.
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Section 71 Interpretation Bill 2012
71 Signing of Governor’s orders etc
1976/20/24
(1) An authority, direction or order is taken to have been made by the
Governor if it purports to have been so made and is signed by the Chief
Secretary.
(2) However, a proclamation or warrant must be signed by the Governor
personally.
72 Evidence of signing of public documents etc
1976/20/24A
(1) An authority, direction or public document is taken to have been made
by the Governor in Council or the Council of Ministers if it purports to
have been so made and is signed by the Chief Secretary.
(2) To avoid any doubt, subsection (1) does not limit who may execute a
public document under section 24 of the Legislation Act.
73 Council of Ministers’ amendment power if Parliamentary enactment
applied to the Island
(1) This section applies if a Parliamentary enactment is applied (with or
without change) to the Island (the “applied law”).
(2) The Council of Ministers may, by order, and after having consulted the
Attorney General, amend any Manx enactment it considers appropriate
to do all or any of the following —
(a)
(b)
(c)
carry out, give effect to or reflect the provisions of the applied
law;
remove any inconsistencies with the applied law;
consequentially amend the Manx enactment because of the
application of the applied law; or
(d) include consequential, supplementary, incidental, savings,
transitional or validating provisions it considers appropriate
because of the effect of the applied law.
(3) The affirmative Tynwald procedure applies to the order.
DIVISION 3 — APPOINTMENT POWERS
74 Appointments may be made by name or office
1976/20/19
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Interpretation Bill 2012 Section 75
(1) This section applies if the Governor or another officer or body (the
“appointor”) is authorised or required under Manx legislation to
appoint—
(a)
(b)
a person to an office; or
a person or body to exercise a power or to do another thing.
(2) The appointor may make the appointment by appointing —
(a)
(b)
a person or body by name; or
a stated officer, or the holder of a stated office, by reference to the
title of the office concerned.
(3) An appointment of a stated officer, or the holder of a stated office, is
taken to be the appointment of the person for the time being occupying
or acting in the office concerned.
75 Acting appointments: general provisions
1976/20/20
(1) This section applies if Manx legislation or a Tynwald resolution (the
“empowering document”) empowers an appointment of a public officer,
other than a judicial officer.
(2) The power to appoint (the “primary power”) also includes a power (the
“acting appointment power”) to appoint a person, or 2 or more people,
to act in the office during —
(a)
(b)
any vacancy, or all vacancies, in the office, whether or not an
appointment has previously been made to the office; or
any period, or all periods, when the appointee for any reason is
not able to perform the office’s functions.
Example: The current appointee is ill, on leave or outside the Island.
(3) The acting appointment power is exercisable in the same way, and
subject to the same conditions, as the primary power.
(4) Subsection (5) applies if the empowering document requires —
(a)
(b)
the appointee to hold a qualification; or
the usual appointor (or someone else) to be satisfied about the
appointee’s suitability (whether in terms of knowledge,
experience, character or another personal quality) before
appointing the appointee to the position.
(5) Without limiting subsection (3), the acting appointment power may be
exercised only if the appointee holds the qualification or the usual
appointor (or other person) is so satisfied.
(6) An acting appointment under subsection (2) may be expressed to have
effect only in the circumstances stated in the document of appointment.
(7) This section is subject to section 76.
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Section 76 Interpretation Bill 2012
(8) In this section, “usual appointor” means the person who, under the
empowering document, is empowered to appoint someone to the office
concerned.
76 Acting appointments: directions about appointor
1976/20/20
(1) The following person or body may give a direction (an “appointment
direction”) that someone (the “alternate appointor”) other than the usual
appointor under section 75 is to exercise an acting appointment power
under that section —
(a)
for a civil service appointment, the Civil Service Commission (the
“Commission”); or
(b) in other cases —
(i)
(ii)
the Chief Minister; or
another Minister whom the Chief Minister or the Council
of Ministers has authorised to give the appointment
direction.
(2) The alternate appointor may be —
(a)
(b)
a named person or body; or
the officer, or the holder of an office, stated by reference to the
title of the office concerned.
(3) The effect of an appointment direction is that section 75 applies subject to
the following —
(a)
(b)
(c)
only the alternate appointor may exercise the acting appointment
power;
the exercise of that power is subject to any conditions imposed
under the direction; or
the appointment must be made under the terms of the direction.
(4) Before giving an appointment direction, the Commission must seek the
concurrence of the relevant Minister.
(5) However, a failure to comply with subsection (4) does not invalidate the
appointment direction.
(6) In this section —
“civil service appointment” means an appointment under section 3 of the Civil
Service Act 1990 of a public service officer; and
“relevant Minister” means —
(a)
generally, the Minister who appears to the Commission to be
principally concerned with the exercise of the acting appointment
power; or
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Interpretation Bill 2012 Section 77
(b)
if it appears to the Commission that there is no Minister
principally concerned, or that Minister is absent or unable to act,
the Chief Minister.
77 Power of appointment includes certain incidental powers
1976/20/22
(1) A power (the “appointment power”) to appoint a public officer other
than a judicial officer under Manx legislation includes the power to —
(a)
(b)
(c)
decide the terms and conditions of the appointment;
suspend the appointee, and end the suspension; and
end the appointment, and appoint someone else or reappoint the
appointee if the appointee is eligible to be appointed to the
position.
(2) The powers under subsection (1)(b) and (c) are exercisable in the same
way, and subject to the same conditions, as the appointment power.
78 Delegation of functions
1976/20/21
(1) This section applies if, under Manx legislation or a Tynwald resolution,
functions are conferred on a Minister or a public officer other than a
judicial officer.
(2) The Minister or public officer may appoint someone as the Minister’s or
public officer’s deputy to perform the functions.
(3) However, a deputy may be appointed only if —
(a)
(b)
the appointee is an appropriate person to perform the functions;
and
for a public officer, the person or body who appointed the officer
has approved the deputy’s appointment.
(4) The deputy holds office subject to any conditions imposed by the
Minister or public officer.
DIVISION 4 — GENERAL FEE POWER
79 Grant of power to the Treasury, Departments and Statutory Boards
1989/12/1(1)-(3) & 2
(1) The Treasury, another Department or Statutory Board may do either of
the following under a regulation or order —
(a)
(b)
levy fees and duties for a matter mentioned in section 80; or
provide for the following for fees and duties levied under
paragraph (a) or another Act —
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Section 80 Interpretation Bill 2012
(i)
(ii)
their time and manner of payment;
matters incidental to their due collection and accounting.
(2) The power under subsection (1) is the “general fee power”.
(3) The general fee power does not limit another power to make a public
document or section 89 (power to prescribe fee includes power to
prescribe reasonable fee).
80 Matters for which general fee power may be exercised
1989/12/Schedule
The matters for which the general fee power may be exercised are —
(a)
(b)
(c)
(d)
a government authority performing a function or service, or a
matter incidental to the performance of the function or service;
Examples of performing a function or service:
1. Granting or issuing under Manx legislation a right, sanction,
certificate, permit, licence, authorisation, permission, or a similar
decision or document for that purpose.
2. A government authority considering an application or carrying out
an examination, inspection or investigation.
3. A matter relating or incidental to the registration of deeds or the
registration of bodies corporate, industrial and building societies and
documents relating to those bodies.
4. Swearing oaths, making declarations, captioning a document or
affixing a seal.
5. Registering, recording, filing, enrolling or depositing a document
with, or in a register maintained by, a government authority.
6. Issuing, inspecting or producing a copy of a document in a
government authority’s possession.
a matter relating to a proceeding;
Example: filing, inspecting, copying, producing or issuing a document or
making an order
a matter for which an Act provides a fee is to be prescribed under
the general fee power;
a matter for which fees were, or could be, prescribed by or under
a Manx enactment repealed or amended (but not changed) under
this Act.
81 Treasury concurrence required
1989/12/1(3A)
The general fee power may be exercised by a Department (other than the
Treasury) or Statutory Board only with the concurrence of the Treasury.
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Interpretation Bill 2012 Section 82
82 Requirement to display table of fees and duties
1989/12/3
(1) A copy of, or, as the case requires, an extract from, the provisions about
fees or duties prescribed under the general fee power must be displayed
in every office or place where those fees or duties are charged.
(2) However, a contravention of subsection (1) does not affect the validity of
the exercise of the power.
83 Receipt of fees or duties
1989/12/4
A fee or duty received under the exercise of the general fee power forms part of
the General Revenue of the Island.
DIVISION 5 — POWERS FOR PUBLIC DOCUMENTS
84 Meaning of “matter” for this Division
In this Division, “matter”, for a public document, includes circumstance,
person, place, purpose and thing.
85 Additional powers implied by power to make public document
1976/20/26(3)
(1) This section applies if the authorising legislation for a public document
authorises or requires the making of a public document for that
legislation or other Manx legislation (both the “legislation”).
(2) The power to make the public document also authorises the making of a
public document for any matter —
(a)
(b)
required or permitted to be prescribed by the legislation; or
necessary or convenient to be prescribed for carrying out or
giving effect to the legislation.
(3) Subsection (2) applies to the authorising legislation even though —
(a)
(b)
it authorises the making of a public document only for that
legislation; or
it also authorises or requires the making of a public document
about a particular matter.
(4) A power given under the authorising legislation for a public document
about a particular matter is in addition to, and does not limit the effect of,
a power given under the authorising legislation or other legislation to
make a public document (whether or not of the same type) about another
matter.
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Section 86 Interpretation Bill 2012
86 Public documents may apply generally or differentially
1976/20/26(4)
(1) A public document may —
(a)
(b)
(c)
apply generally or be limited in its application to a particular part
of the Island;
apply generally to all persons and matters or be limited in its
application to, or make different provision for —
(i)
(ii)
different persons or matters; or
different classes of persons or matters; or
apply generally or be limited in its application by reference to
stated conditions, exceptions or factors.
(2) Without limiting subsection (1), a power to make public document about
particular matters includes the power to make a public document about
any one or more of the matters or a particular class of the matters.
(3) For this section, a class may consist of a single matter.
87 Public document may apply other laws or documents
(1) A public document may make provision about a matter authorised or
required by its authorising legislation by applying all or part of the
provisions of any of the following (the “applied provisions”) —
(a)
(b)
(c)
(d)
(e)
stated Manx legislation;
UK legislation;
an EU instrument;
a law of another jurisdiction; or
another document (whether of the same or a different type).
(2) The applied provisions may be expressed to apply as in operation —
(a)
(b)
(c)
at a stated time or before the making of the public document;
on the making of the public document; or
from time to time, subject to section 39(3)(references to repealed
legislation).
(3) If the public document does not make any provision as mentioned in
subsection (2), the applied provisions are taken to apply as they were in
operation on the making of the public document.
Note: This Act and the Legislation Act, and not UK legislation, apply for the
interpretation and other matters relating to the applied provisions as applied. See Part 1.
(4) In this section, “applying” includes adapting, adopting or incorporating,
with or without change, and whether directly or indirectly.
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Interpretation Bill 2012 Section 88
88 Public document may refer to map, plan or register
(1) This section applies if the authorising legislation for a public document
authorises or requires the document to make a provision relating to land
or waters.
(2) The provision may be made by reference to a particular map, plan or
register held or kept by the responsible authority.
(3) If provision is made under subsection (2) the responsible authority must
ensure the map, plan or register is available for —
(a)
(b)
inspection at its principal office during normal office hours; and
viewing on its website, if it has a website.
(4) However, a failure to comply with subsection (3) does not affect the
validity of the provision.
89 Power to prescribe fee includes power to prescribe reasonable fee
(1) This section applies if the authorising legislation for a statutory
document confers power to prescribe a fee for doing a thing.
(2) The power includes a power to prescribe the fee as an amount for doing
the thing that —
(a)
(b)
the responsible authority considers to be reasonable; and
is not more than the actual cost of doing the thing.
(3) The responsible authority may publish a list of the fees for doing the
thing and other things for which a fee is prescribed.
90 Power to charge reasonable amount for non-obligatory services
1989/12/5
(1) This section applies if —
(a)
(b)
under Manx legislation, a government authority is authorised, but
not required, to perform a service; and
no fee is prescribed under the general fee power or otherwise for
performing the service.
(2) The government authority may charge a reasonable amount for
performing the service.
91 Power to make public document includes power to amend or repeal
1976/20/28
(1) A power to make a public document includes the power to amend or
repeal it.
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Section 92 Interpretation Bill 2012
(2) The power to amend or repeal is exercisable in the same way, and subject
to the same conditions, as the power to make the public document.
(3) However, despite subsection (2), a statutory document may, after
consultation with the Law Consolidation Board under the Legislation
Act, be repealed by order without complying with the conditions.
(4) An order under subsection (3) may be made for more than one statutory
document and for statutory documents that have different authorising
legislation.
92 Acts done under public document
An act done under a public document is taken to have been done under its
authorising legislation.
DIVISION 6 — MISCELLANEOUS
93 Power to produce information includes information kept on computer
(1) This section applies if —
(a)
(b)
(c)
someone keeps, or has access to, a document or information (“the
material”) kept by way of a computer;
under Manx legislation an authority is empowered to require the
person to produce, or help to produce, the material to an
authority; and
that power is exercised in relation to the person.
(2) The person must produce a document reproducing the material in a form
capable of being understood by the authority.
(3) Also, for a requirement made by an inspector —
(a)
(b)
(4) In this section —
the form must allow the inspector to take the reproduction away;
and
the person must allow the inspector to check the computer’s
operation and any apparatus associated with it.
“authority” means a court, tribunal or an inspector; and
“inspector” includes an individual (whatever called) performing monitoring or
enforcement functions under a Manx enactment.
94 Power of majority of more than 2 persons
1976/20/40
If an act or thing is required to be done by more than 2 persons, a majority of
them may do it.
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Interpretation Bill 2012 Section 95
PART 6 — OTHER PROVISIONS
DIVISION 1 — GENERAL
95 Delegation by Council of Ministers
(1) The Council of Ministers may delegate —
(a)
(b)
any of its powers under this Act to make a public document to the
Chief Minister; or
any of its powers under Part 5, Division 3 (appointment powers)
to a Minister or an appropriately qualified civil servant under the
Civil Service Act 1990.
(2) The delegation may be —
(a)
(b)
general or limited; and
revoked, wholly or partly, by the Council of Ministers.
(3) A power so delegated may be exercised only under any conditions the
Council of Ministers imposes on the exercise of the power.
96 Repeals
The following Acts are repealed —
(a) the Statutory Time , et cetera, Act 1883;
(b) the Statutory Time Act 1948;
(c) the Interpretation Act 1976;
(d) the Fees and Duties Act 1989.
DIVISION 2 — SAVINGS AND TRANSITIONALS
97 Operation of Act for existing Manx legislation and other documents
(1) To avoid any doubt, this Act applies to Manx legislation, non-legislative
public documents and other documents (an “existing document”) even
though they were in operation or existence before this section
commences (the “commencement”).
(2) However —
(a)
(b)
this Act does not affect the operation of the repealed
Interpretation Act or another repealed Act for anything that
happened before the commencement; and
this Act applies only for an existing document for something that
happens on or after the commencement.
Examples:
1. Unincorporated bodies were included in the definition of “person” under section
3 of the repealed Interpretation Act. Such bodies are not included in section 34
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Section 98 Interpretation Bill 2012
(references to a “person” generally). For anything that happened before the
commencement, a reference in an existing document to “a person” includes
(subject to the context) an unincorporated body. For anything happening from
the commencement, that reference will only include (subject to the context) an
individual or body corporate.
2. There is High Court authority (Re: Atrium Trading (2003-5) MLR 91) that a
long title forms part of existing Manx legislation. For things happening before
the commencement, a long title forms part of the existing legislation. For things
happening after the commencement, because of section 21(1)(a), a long title will
not.
(3) The reference in subsection (2) to a thing happening includes a reference
to the existence, non-existence or coming into existence of a fact, matter
or circumstance.
(4) This section —
(a)
is subject to section 13 (references in Manx enactments to EU
instruments);
(b) does not apply for sections 52 (continuing offences) and 53
(liability of officers of bodies corporate); and
(c)
does not apply for section 39 of the Legislation Act (defence if
Manx legislation not published) if the statutory document
concerned was in operation before the commencement.
98 Declaratory provision for previous amendments and repeals
To avoid any doubt, it is declared that it has never been the law of the Island
that the repeal of amending legislation or an amending provision —
(a)
(b)
(c)
revived the Manx legislation it repealed or amended as the
legislation operated before the amendments concerned
commenced;
revived anything not in force or existing when the amendments
concerned took effect; or
affected the continuing operation of the amendments concerned.
99 Declaratory provision for marginal headings included in existing
reprints
(1) This section applies if, before the commencement of this section —
(a)
an Act as enacted and printed included a heading in the form of a
marginal note to a section or other provision; and
(b) a reprint of the Act under the repealed Reprints Act 1981
purported to include the heading as a heading to the provision.
(2) To avoid any doubt, the inclusion of the heading in the reprint did not
affect, and has never affected, the application of section 8(1) (preambles,
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Interpretation Bill 2012 Section 100
headings and marginal notes) of the repealed Interpretation Act to the
heading or provision.
100 References to repealed Acts
A reference in Manx legislation, a non-legislative public document or another
document —
(a)
(b)
(c)
to the repealed Interpretation Act is taken to be a reference to this
Act and the Legislation Act;
to a particular provision of the repealed Interpretation Act (“the
former provision”) is taken to be a reference to the provision or
provisions of this Act or the Legislation Act that correspond, or
substantially correspond, to the former provision; or
to the repealed Fees and Duties Act 1989 is taken to be a reference
to Part 5, Division 4 (general fee power) and section 90 (power to
charge reasonable amount for non-obligatory services).
101 References to “statutory provision” and “enactment”
In Manx legislation or a document —
(a)
(b)
the term “enactment” is, if the context permits, taken to be a
reference to Manx legislation.
the term “statutory provision” or “a statutory provision” is, if the
context permits, taken to be a reference to Manx legislation.
Examples of cases in which the context does not permit: The term is defined in the provision in
which it appears or used in reference to UK legislation.
[Note: Specific amendments are made in the next Part for (b). (b) is for
legislation being drafted and Bills not assented to yet and documents
generally.]
102 Transitional regulation-making power
(1) The following bodies may make regulations providing for a matter
relating to the transition from a Manx enactment repealed under section
96 about which it considers this Division does not make provision or
sufficient provision —
(a)
(b)
(c)
the Council of Ministers;
a Department; or
a statutory board.
(2) However, a Department or statutory board may only make regulations
relating to the transition for an Act it administers.
(3) The affirmative Tynwald procedure applies to the regulations.
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Section 103 Interpretation Bill 2012
PART 7 — CONSEQUENTIAL AND MINOR AMENDMENTS
Note: This Part will automatically expire after promulgation of this Act, depending on when this
Part commences. See section 50 (automatic expiry of future amendments) of the Legislation Act.
103 Definitions for this Part
In this part —
“&” means “and”;
“def” (appearing as a word by itself) means definition;
“para” (appearing as a word by itself) means paragraph;
“paras” (appearing as a word by itself) means paragraphs;
“s” (appearing as a word by itself) means section;
“Sch” (appearing as a word by itself) means Schedule; and
“ss” (appearing as a word by itself) means sections.
104 Grouped amendments
(1) In each service reference, for the following words substitute «Part 4,
Division 5 (service of documents) of the Interpretation Act 2012» —
(a) “section 40 of the Interpretation Act 1976”;
(b)
“Section 41 of the Interpretation Act 1976”; and
(c) “section 41(2) of the Interpretation Act 1976”.
(2) In each function reference, for the following words substitute «Part 5
(Functions and powers) of the Interpretation Act 2012» —
(a)
“section 28 of the Interpretation Act 1976”; and
(b) “section 26 of the Interpretation Act 1976”.
(3) In each definition reference, for the following words substitute «Part 1
of the Schedule to the Interpretation Act 2012 (Definitions all Manx
legislation)» —
(a) “section 2 of the Interpretation Act 1970”;
(b)
“the Interpretation Act 1976”; and
(b) “section 3 of the Interpretation Act 1976”.
(4) In each fees reference, for “the Fees and Duties Act 1989” substitute
«Part 5, Division 4 (General fee power) of the Interpretation Act 2012».
(5) In each general reference, for “Interpretation Act 1976”, substitute
«Interpretation Act 2012».
(6) The provisions stated in the repeals table are repealed.
(7) In this section, a reference to particular words also includes any
parenthesised reference appearing immediately after the words.
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Interpretation Bill 2012 Section 104
(8) In this section —
“definition reference” means the following provisions of the following Acts —
The Industrial and Building Societies Act 1892 s 7(10)
The Pedlars and Street Traders Act 1906
s 2, def “local
authority”
The Petty Sessions and Summary Jurisdiction Act 1927 s 3
Evidence Act 1965
s 2(2), def
“printed”
Companies Act 1974 ss 12 & 23(3)
Peel Town Commissioners (Acquisition and Disposal s 2
of Land) Act 1975
Land Registration Act 1982
s 79(1), def
“land”
Tynwald Proceedings Act 1984 s 5
Customs and Excise Management Act 1986 s 174(1)
Tobacco Products Duty Act 1986
s 6D(7)
“fee reference” means the following provisions of the following Acts —
Companies Act 1931
s 283A(1)(d)
Slaughter of Animals Act 1936
Sch, para 2(2)(c)
Firearms Act 1947 ss 3(1) & 8(2)
Registration of Deeds Act 1961 s 46
Music and Dancing Act 1961 s 15
Chapmen’s Act 1971 s 2(3)
Animal Boarding Establishments (Isle of Man) Act 1973 s 1(2)
European Communities (Isle of Man) Act 1973
s 2A(6)
Fertilisers and Feeding Stuffs Act 1975
s 20A(7)
Breeding of Dogs and Cats Act 1981 s 1(2)
Wildlife Act 1990
s 7(2A)
Moneylenders Act 1991 s 2(1)
High Court Act 1991 s 57
Customs and Excise Act 1993 s 3(5)
Water Pollution Act 1993 s 21
Shot Guns, Air Weapons and Cross-bows Act 1994 s 9(1)
Gas Regulation Act 1995 s 5(5)
Licensing Act 1995 s 6(4)
Video Recordings Act 1995 s 11(6)
Cruelty to Animals Act 1997 s 18
Retirement Benefits Schemes Act 2000 s 36(8)
Road Transport Act 2001
ss 56(1) & 63, def “prescribed”
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Section 104 Interpretation Bill 2012
“function reference” means the following provisions of the following Acts —
Manx Museum and National Trust Act 1959
Income Tax Act 1970
Income Tax (Retirement Benefit Schemes)
Act 1978
s 25A(6)
ss 1(3D) & 27A(2)
s 14(1)
Income Tax Act 1989 s 1(1), def “annual
allowance”
Merchant Shipping Registration Act 1991 s 45(2)
Collective Investment Schemes Act 2008 s 24(6)
Financial Services Act 2008 s 44(3)
“general reference” means the following provisions of the following Acts —
Income Tax Act 1970
s 105O, def “document”
Advocates Act 1995 s 21(7)
Anti-terrorism and Crime Act 2003 ss 52(6) & 72(3)
“parenthesised reference” means an opening bracket, the next closing bracket
and all words within those brackets;
“repeals table ” means the following table —
Newspapers Act 1848 s 18
Fertilisers and Feeding Stuffs Act 1975 s 20(3)
Local Government Act 1985
s 31A
The Customs and Excise Act 1993 s 1(4)
“service reference” means a provision stated opposite the following Acts —
The Bankruptcy Code 1892
s 5A(2)
Agricultural Marketing Act 1934 s 31(5)
Torts (Interference with Goods) Act 1981 Sch 1, para 8
Telecommunications Act 1984 Sch, para 25(4)
Road Traffic Regulation Act 1985 Sch 5A, para 19
Road Traffic Act 1985 Sch 4, para 16
Oil Pollution Act 1986 s 9(1)
Consumer Protection Act 1991 s 47(5)
Trade Unions Act 1991 s 22
Maritime Security Act 1995 s 25
Police Powers and Procedures Act 1998 Sch 1, paras 8 & 9
Online Gambling Regulation Act 2001
s 10A(6)
Medicines Act 2003 Sch 1, para 12
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Interpretation Bill 2012 Section 105
[Notes:
Trees and High Hedges Act 2005 s 14(2).
1. For subsection (2)(a): There are 2 such references (Online Gambling
Regulation Act 2001; Medicines Act 2003), which are clearly mistakes.
2. For subsection (4)(a): There are 3 such references (Evidence Act 1965;
Companies Act 1974 and Peel Town Commissioners (Acquisition and
Disposal of Land) Act 1975). It seems “section 2” was forgotten to be updated
to s 3 of the 1976 Act.
3. The change to LGA 1985 from the one under the consultation draft is just a
correction of the former draft. Section 31A applied the 1976 IA provisions
about service completely rather than just to post-1949 Acts. As the new IA
will apply for all other Acts (but prospectively for events), s 31A will be
unnecessary.
4. Given its exclusion from the Legislation Act, the amendment of the Church
Legislation Procedures Act 1993 has been omitted.
5. The above amendments rely on s 42 of the Legislation Act (amendments to
be made wherever possible [in a provision]), which will be commenced
simultaneously. Therefore, if the replaced term appears more than once in a
section etc. the whole section etc is referred to
6. The above amendments are subject to further checking and revision.]
105 Substitution of “Manx legislation” for “statutory provision”
(1) In each of the following provisions of the following Manx legislation, for
“statutory provision” or “a statutory provision”, substitute «Manx
legislation» —
Companies Act 1931
The Slaughter of Animals Act, 1936
Agricultural Holdings Act 1969
s 82A(3),
Sch, para 2(4)(d)
s 10(6)(c)
Income Tax Act 1970 ss 62B(3)(a), 106(5)(e) & 120,
def “corporate taxpayer”, para
(b)
Sea-Fisheries Act 1971
European Communities (Isle of Man)
Act 1973
Fishing Vessels (Safety Provisions) (Isle
of Man) Act 1974
Fertilisers and Feeding Stuffs Act 1975
Merchant Shipping (Detention of Ships)
Act 1979
s 2B
ss 1A, 2A & 5(2)
s 9(1), def “the Merchant
Shipping Acts”
s 20A(3)
s 1(6)
Merchant Shipping (Masters and s 59
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Section 105 Interpretation Bill 2012
Seamen) Act 1979
Merchant Shipping (Passenger Ships’
Survey) Act 1979
s 3(1)
Coinage Offences Act 1980 s 7(2)
Misrepresentation and Unfair Contract
Terms Act 1980
Contracts (Applicable Law) Act 1982 s 4(1)
Methodist Church Act 1982 s 4(1)
Sch 1, para 4(1)
Land Registration Act 1982 ss 4, 14(1)(c); Sch 5, para 10
Limitation Act 1984 s 37
Local Government (Miscellaneous
Provisions) Act 1984
Merchant Shipping (Registration) Act
1984
s 22(2)(a)(iii)
s 2(4)
Collection of Fines etc. Act 1985 s 1
Local Government Act 1985
Merchant Shipping Act 1985 s 2A & 3
Road Traffic Act 1985
ss 5(5) & 72, def “statutory
undertakers”; Sch 4, para 6(1)
s 69(1)(a)
Road Traffic Regulation Act 1985 ss 3(5), 27 & 36(2)
Treasury Act 1985 s 1(2)
Companies Act 1986 s 2
Customs and Excise Duties (General
Reliefs) Act 1986
Customs and Excise Management Act
1986
s 12(1)(a)
ss 1(1), 25(3), 37(5), 46, 47, 66(1),
69, 76(3)(a), 78(3), 79(6), 87,
101(3), 104(4)(b), 108, 110(1),
111, 124D(6)(a), 126(1), 132(4),
139, 141(3), 155(2), 162, 163(1),
171(1)(b), 174(1), 175, 178, 179,
183(2), 184, def “assigned
matter” & def “prohibited or
restricted goods” & 188(5) Sch
6, para 4
Highways Act 1986 s 119, def “statutory
undertakers”; Sch 4, para 1(5)
Airports and Civil Aviation Act 1987 Sch 1, para 5
Government Departments Act 1987
Sch 1, para 3A; Sch 2, paras 3 &
5(5)
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Interpretation Bill 2012 Section 105
Coroners of Inquests Rules 1988
Radio Masts Regulation Act 1988 s 9(2)
rule 6(2)(c)
Summary Jurisdiction Act 1989 ss 25(1), 30, 36A(8), 66(1),
74(2), 75, 76(1)(a), 82(4) &
111(1)
Administration of Estates Act 1990 ss 60(2) & 61(2)
Civil Service Act 1990 ss 3(6), 5(3) & 7(1),
Council of Ministers Act 1990 ss 8(1) & 9(3)
NatWest International Trust
Corporation (Isle of Man) Act 1990
s 3(3)
Redundancy Payments Act 1990 ss 34(1) & 35
Wildlife Act 1990 s 30(5)
Building Control Act 1991 Sch 4, para 1
Copyright Act 1991
Consumer Protection Act 1991
ss 46(4), 47(6), def “statutory
requirement”, 50(1), 144, 168;
Sch 1, para 4(2)
ss 57H(6)(a) & 57J(8)(b)
Criminal Justice Act 1991 ss 30(6) & 31(4)
High Court Act 1991
Merchant Shipping Registration Act
1991
Oil Pollution Act 1991
Trade Unions Act 1991
Water Act 1991
ss 1, 3(3)(b), 6(2), 11(a), 16A(4),
18, 33(3)(b) & 58, def “party”;
Sch 1, paras 3, 8 & 27, def
“collision regulations”; Sch 4,
paras 1 & 2
ss 2(2), 5(13), 15(3)(b), 46(3)(b),
58 & 74; Sch 4, para 2(l); Sch 7,
paras 1, 3 & 6
s 11(3)(b)
ss 1(3), s 21(4), def “duty”
s 24(3)(b)
Church Act 1992 ss 2(4), 4(5), 7(4), 8(4) & 10(1),
def “ecclesiastical purpose”;
Sch 1, para 6(1); Sch 2, paras
3(3), 4(b)(ii) 6(4); Sch 3, para
3(3)
Computer Security Act 1992 s 10
Sexual Offences Act 1992
s 9B(2)
Broadcasting Act 1993 s 13(2)
Criminal Jurisdiction Act 1993 ss 1(1)(c), 5(1), 25(1),
Criminal Justice (Penalties, Etc.) Act s 10
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Section 105 Interpretation Bill 2012
1993
Police Act 1993 ss 6(3) & 7
Post Office Act 1993 ss 16(1), 32, 49 & 58(3)
Submarine Cables Act 1993
Water Pollution Act 1993
Shot Guns, Air Weapons and Crossbows
Act 1994
Advocates Act 1995 s 25(1)
ss 3(4)(b) & 11(3)(b)
ss 26(1), def “Manx vessel” &
30(5)(c)
ss 3(1)(b), 4(1)(a) & 6(2)(b)(iv)
Custody Act 1995 ss 1 & 7(1); Sch 3, para 1
Pension Schemes Act 1995 s 2(1)
The Royal Bank of Scotland
International Limited Act 1995
ss 5(3) & 10
Limited Liability Companies Act 1996 s 2(3),
Merchant Shipping (Miscellaneous
Provisions) Act 1996
s 17(1)
Performers' Protection Act 1996 Sch 1, para 11(1)
Purpose Trusts Act 1996
s 4(a)
Timeshare Act 1996 s 12(1)
Tourism (Registration and Grading) Act
1996
Value Added Tax 1996
Lloyds TSB Act 1997 s 14
Sch 2, para 2
National Westminster Bank Plc Act 1997 ss 4(3) & 9
Law Reform Act 1997
Criminal Justice (Exclusion of Non-
Resident Offenders) Act 1998
Police Powers and Procedures Act 1998
ss 17(5)(b), 48(3), 55(3), 58B(7),
def “legislation”, 80(3C), def
“VAT provisions”, 81(1),
83(1)(zz) & 97(3); Sch 2, para
11; Sch 4, para 5(3)(a); Sch 12,
para 13(6)(a)
ss 19(2) & 30(4)(e); Sch 1 paras
11 & 13
s 3(4)
ss 77A & 79(2)(a)
Copyright (Amendment) Act 1999 Sch 1, para 6(1)
Public Records Act 1999 s 8(1), def “statutory
restriction”; Sch 2, paras 3(5),
6(2)(a) & 8(2)
Sewerage Act 1999 Sch 3, para 3(2)
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Interpretation Bill 2012 Section 105
Statistics Act 1999 s 7(2)
Electronic Transactions Act 2000 ss 1 to 8 & 10(6), def
“responsible authority”
Employment (Sex Discrimination) Act
2000
ss 21, 36(2)(a), 48(1), def
“discriminatory act”, para
(b)(i) & 50(7), def “statutory
body”
Land Registry Rules 2000 rules 28(a), 37(2)(a), 44(1),
45(a), 64(3)(b) & 88(1)
Public Health (Amendment) Act 2000 s 12
Children and Young Persons Act 2001 s 88(3); Sch 3, para 1(3); Sch 9,
para 5(6)
Criminal Justice Act 2001
Sch 2, para 4(9); Sch 4, para
3(9), Sch 8, para 4(5)
Education Act 2001 s 23(1); Sch 8, para 3(3)
Halifax International Act 2001 s 14
National Health Service Act 2001 s 3(4), 33(2), 36(2)(a) &
40(3)(a); Sch 1, para 3(3)
Rehabilitation of Offenders Act 2001
Road Transport Act 2001 ss 12, 32(1)
ss 5(1), 6(2)(a), 11(1), def
“service disciplinary
proceedings”, para (d)
Trustee Act 2001 ss 6(2), 9(b), 11(2)(d), 18(2), 21,
26(b), 29(5)(b), 30(2), 31(2),
32(1) & 41(1)
Unfair Trading (Amendment) Act 2001 s 5
Data Protection Act 2001 ss 23(5), 27(3)(a), 30, 31(1),
35(1), 50(2)(a)(ii), 51(3)(a), 53
& 61, def “public register”
para (a); Sch 1, paras 9(2) &
11(5)(a); Sch 2, paras 5(c) &
7(c); Sch 4 para 4(2)(b)
Barclays Private Clients International
Act 2002
Anti-Terrorism and Crime Act 2003
s 13
ss 18D(2)(a) & 63(1)(a)
Companies, Etc. (Amendment) Act 2003 Sch 2, para 12(3)
Heath Burning Act 2003 s 14
International Criminal Court Act 2003 ss 12(1), 20(5)(b) & 43(7)
Income Tax Act 2003 s 12
Inquiries (Evidence) Act 2003
ss 1(3) & 5A(7)
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Section 105 Interpretation Bill 2012
Matrimonial Proceedings Act 2003 s 132(4)(c); Sch 4, paras 4 & 7
Medicines Act 2003 s 51
Fireworks Act 2004
s 3(2)(f)
Protected Cell Companies Act 2004 s 28(1)
Race Relations Act 2004
Agricultural Marketing (Amendment)
Act 2006
Sch, paras 1 & 2(a)
Sch 2, para 3(1)(d)
Audit Act 2006 ss 1(1), 2(2), 4(1)(c) & 21
Companies Act 2006 s 131(1)
Employment Act 2006
ss 21, 74(2), 109, 113(2)(d),
162(6) & 167(7)
Local Government Act 2006 Sch 2, para 4(3)
Tribunals Act 2006 ss 1, 2 & 10
Criminal Justice Police and Courts Act
2007
Merchant Shipping (Amendment) Act
2007
s 35(4)
s 2
Enterprise Act 2008 s 1
Financial Services Act 2008
Proceeds of Crime Act 2008
s 43; Sch 1, para 2(1)(i)
Gender Recognition Act 2009 ss 2(3) & 13(1)
Rules of the High Court of Justice 2009
Rules of the High Court (Family
Proceedings) 2009
Terrorism (Finance) Act 2009
ss 28(6)(a), 157(2)(a), 181(3) &
208(4)
rules 2.2(2), 2.4(1), 2.16(2)(b),
2.22(1)(a), 3.3(1), 3.10(1)(b),
3.29(1)(c) , 4.2(2), 6.9(2)(b),
6.12(2)(a)(ii), 6.40(1)(b)(ii),
7.2(1), 7.17(2)(a), 7.45(1),
7.46(1), 8.6(1), 8.14(1),
10.7(2)(c), 10.31(1)(b)(ii),
11.36(1)(a), 12.2(3), 12.4,
12.15(1), 12.67(2)(b), 14.1(4),
14.6(2)(a), 14.14(2)(a), 14.16(1),
14.17(1), 14.33(3); Sch 5.1, para
2(a); Sch 5.2, para 6(b); Sch 7.2
para 3(2); Sch 8.1, para 1(4)(a);
Sch 15.1, paras 1 to 3
rule 3(2)(b)
s 27A(2)(a)
Harbours Act 2010 ss 3(2), 22(2)(c), 24(1)(c), 25(9),
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Interpretation Bill 2012 Section 105
Lloyds TSB Offshore Limited Banking
Business Act 2010
29(10), 49(9), 50(11) & 74(2);
Sch 3, para 3(d)
s 13
Social Services Act 2011 s 16(2)(a); Sch 1, para 3(3)
(2) In each of the following provisions of the following Manx legislation, for
“statutory provision” or “a statutory provision”, substitute “Manx
legislation” —
Housing Act 1955 s 44(2)
Cremation Act 1957 s 6(3)
Criminal Law Act 1981 s 3
Isle of Man Passenger Transport Act
1982
Adoption Act 1984 s 37
Barclays Bank (Isle of Man) Act 1984 s 12
Customs and Excise Management Act
1986
Merchant Shipping Registration Act
1991
Post Office Act 1993 s 15
Sch 2, para 1; Sch 4, para 6
ss 40(7), 163(3
Sch 7, paras 2(a), 4, 5 & 9
Value Added Tax Act 1996 ss 16(a) & 83(2)
Race Relations Act 2004 Sch, headings before paras 1
& 2 & para 6
Administration of Estates Act 1990
Agricultural Marketing (Amendment)
Act 2006
Collective Investment Schemes Act 2008
s 53(1)(b)
Sch 2, heading before para 7
s 13(6)(c)
Financial Services Act 2008 s 43; Sch 1, para 5(3)
Gender Recognition Act 2009 s 13
Rules of the High Court of Justice 2009
the words of enactment before
Part 1; rules 15.20, 15.21(1);
Sch 5.2, para 5(c)
(3) In rule 2.41(1)(t) of Rules of the High Court of Justice 2009, “statutory
provisions” is deleted.
(4) In each of the following provisions of the following Acts, for “enactment
or statutory provision”, substitute «Manx legislation» —
Telecommunications Act 1984 s 25(9)
Highways Act 1986
ss 76(7) & 119, def “statutory
power”
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Section 106 Interpretation Bill 2012
(5) In section 61(2) of the Data Protection Act 2001, for the definition
“statutory provision”, substitute the following alphabetically —
[Notes:
« “Manx legislation” includes Manx legislation enacted or made
after this Act;».
1. This clause is to generally update all references to “statutory provision” to
the replacement term “Manx legislation”, other than for the following in
which “statutory provision” means something different to “statutory
provision” or its equivalent “Manx legislation” as defined under this Bill:
Agriculture and Horticulture Act 1966, Sch para 1 (special def of
“statutory provisions”)
the Income Tax 1989, s 2(2); s 50(8), def “class 4 contributions”
(refers to UK statutory provision);
Consumer Protection Act 1991, s 34(3)(b) (refers to UK statutory
provision);
Residence Act 2001, s 23(a) (refers to UK statutory provision);
Employment (Sex Discrimination) Act 2000, s 21 (special def of
“statutory provisions”);
Family Law Reform (Isle of Man) Act 1971, s 1 (special def of
“statutory provision”);
the Civil Defence Act, 1954 (special def of “statutory
provision”);
Merchant Shipping Registration Act 1991, Sch 3 (special def of “
relevant statutory provision”).
2. The above amendments rely on s 42 of the Legislation Act (amendments to
be made wherever possible [in a provision]), which will be commenced
simultaneously. Therefore, if the replaced term appears more than once in a
section etc. the whole section etc is referred to.
3. The above amendments are subject to further checking and revision.]
106 Particular amendments
(1) In section 91 of the Highway Act 1927, insert —
«(3) In this section, “road authority” means the authority responsible
for maintaining the highways in any local government district.».
(2) For section 144(2) of the Companies Act 1931, substitute —
«(2) Sections 67 (general provisions about functions and powers) and 91
(power to make public document includes power to amend or
repeal) of the Interpretation Act 2012 apply to subsection (1).»;
(3) In the following, substitute «sections 75 (acting appointments: general
provisions), 76 (acting appointments: directions about appointor) and 77
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Interpretation Bill 2012 Section 106
(power of appointment includes certain incidental powers) of the
Interpretation Act 2012» —
(a) section 3H of the Manx Museum and National Trust Act 1959,
from “sections 20” to “1976”;
(b)
(c)
section 12(5)(a) of the Fertilisers and Feeding Stuffs Act 1975, from
“section 14” to “1970”; and
paragraph 15(2)(a) to Schedule 1 to the Medicines Act 2003, from
“section 20” to “1976”.
(4) In section 116(1) of the Income Tax Act 1970, from “specified” to “1976”,
substitute «permitted under Part 4, Division 5 (service of documents) of
the Interpretation Act 2012».
(5) In section 57 of the Land Registration Act 1982, insert —
«(4) In this section, “ordnance survey maps” means maps made under
the powers under the Ordnance Survey Act 1841 of Parliament or
the Boundary Survey (Ireland) Act 1854 of Parliament.»;
(6) In paragraph 8(2) to Schedule 1 to the Powers of Attorney Act 1987, from
“section 24” to “service by post)”, substitute «Part 4, Division 5 (service
of documents) of the Interpretation Act 2012».
[Note: This location command is correct. The mistaken existing reference to s
24 was probably caused by just updating the repealed Interpretation Act 1970
to the Interpretation Act 1976 without changing the section number.]
(7) After section 2 of the Interception of Communications Act 1988, insert —
«2A Warrants not a public document
For section 14(2) of the Interpretation Act 2012, a warrant is declared not
to be a public document.».
(8) In section 40(4) of the Sexual Offences Act 1992, from “section 35(1)” to
“1976”substitute «section 32 (gender) of the Interpretation Act 2012».
(9) The Representation of the People Act 1995 is amended by —
(a) for section 9B(7), substituting the following —
«(7) The definition “Speaker” under Part 1 of the Schedule to the
Interpretation Act 2012 does not apply to this section.»; and
(b) for paragraph 2(4) to Schedule 2, substituting the following —
«(4) This rule does not affect the operation of sections 47(3) (working
out periods of time generally) and 48(1) (provisions for nonworking
days) of the Interpretation Act 2012.».
[Note: The above amendments rely on ss 41 (placing insertion if not specified
exactly) and 42 of the Legislation Act (amendments to be made wherever
possible [in a provision]), which will be commenced simultaneously.
Therefore, if the replaced term appears more than once in a section etc. the
whole section etc is referred to.]
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Interpretation Bill 2012
SCHEDULE
SCHEDULE
(Sections 8(1) and 27)
PART 1 — DEFINITIONS FOR ALL MANX LEGISLATION
“accountant”, “a member of an institute of chartered accountants”, “chartered
accountant” mean a member of one or more of the following bodies —
(a)
(b)
(c)
(d)
(e)
(f)
the Institute of Chartered Accountants in England and Wales;
the Institute of Chartered Accountants of Scotland;
the Institute of Chartered Accountants in Ireland;
the Association of Chartered Certified Accountants;
the Chartered Institute of Public Finance and Accountancy; or
the Chartered Institute of Management Accountants.
[Note: The words “and cognate expressions” have been deleted because they
are now unnecessary with new cl 30(2). Specifically including them here
could derogate from s 30(2)’s application to other defined terms.]
“Act” see section 9(1) and (2).
“act”, for a provision about an offence or civil wrong, includes a series of acts
and a series of acts or omissions, and words so used that refer to acts
done extend to omissions.
“advocate” see section 29 of the Advocates Act 1976.
“affidavit” includes, for someone who may lawfully affirm or declare instead of
swearing, an affirmation or declaration.
“affirmative Tynwald procedure” see section 30(1) of the Legislation Act.
“agent” means someone who acts for a principal and not on their own account.
“amend” includes cancel, modify, repeal, revoke, rescind or to vary.
“amending legislation” see section 47 of the Legislation Act.
“amending provision” see section 48(1) of the Legislation Act.
“Appointments Commission” means the body established under section 1 of
the Tribunals Act 2006.
“Archdeacon” means the Archdeacon of the Island.
“Attorney General” means Her Majesty’s Attorney General for the Island.
“authorising legislation”, for a public document, see section 17.
“Bank of England” means the court of the directors of the Bank of England
appointed under section 2 of the Bank of England Act 1946 of Parliament.
“Bill” means a Bill for introduction into the Keys or Council as a proposed law.
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“Bishop” means the Lord Bishop of the Isle (the Bishop of Sodor and Man).
“British Islands” means the United Kingdom, the Channel Islands and the
Island.
“change” includes modification.
“Chief Constable” means the Chief Constable appointed under section 2 of the
Police Act 1993 and includes the deputy Chief Constable.
“Chief Financial Officer” means the principal financial adviser to the Treasury
holding office for the time being under section 5 of the Treasury Act
1985.
“Chief Minister” means the person for the time being appointed to be Chief
Minister under the Council of Ministers Act 1990.
“Chief Registrar” means the officer in the General Registry designated the
“Chief Registrar” and includes an Assistant Chief Registrar.
“Chief Secretary” means the Chief Secretary appointed under section 7 of the
Civil Service Act 1990.
“Church Commissioners” means the Church Commissioners for the Isle of
Man.
“Church Commissioners for the Isle of Man” means the body of that name
continued under section 7 of the Church Act 1992.
“Civil Division” means the means the Civil Division of the High Court under
section 2 of the High Court Act 1991.
“civil partnership” means a civil partnership existing under the Civil
Partnership Act 2011.
“Clerk of the Rolls” means Her Majesty’s First Deemster and Clerk of the Rolls
for the time being.
“coin” means any coin of any metal or mixed metal or another coin legally
current in the United Kingdom or the Island.
“commencement”, for Manx legislation, see section 38.
“committed for trial”, for a person, means that the person has been —
(a)
(b)
committed by a court, judge, coroner, or other authority having power to
commit the person to a place of custody with a view to trial; or
admitted to bail upon a recognizance to appear and take the person’s
trial before a Court of General Gaol Delivery.
“common law” means the common law of the Island.
“compulsory school age” see section 23 of the Education Act 2001.
“computer” means any device for storing and processing information.
“constable” means the Chief Constable and a constable appointed under section
5(1) or (2) of the Police Act 1993.
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“consular officer” means anyone, including the head of a consular post,
entrusted in that capacity with the exercise of consular relations.
“contravene” includes a failure to comply with.
“consolidation”, for a provision about Manx legislation, see section 79(1)(a) of
the Legislation Act.
“costs” includes fees, charges, disbursements, expenses and remuneration.
“Council” (without a description of the body) means the Legislative Council.
“Council of Ministers” means the Council of Ministers as renamed under
section 1 of the Council of Ministers Act 1990.
“court” means any court in the Island of competent jurisdiction.
“Court of General Gaol Delivery” means a Court of General Gaol Delivery as
constituted under the Criminal Jurisdiction Act 1993.
“court of summary jurisdiction” means a court consisting of —
(a)
(b)
(c)
the High Bailiff (other than when sitting as a judge);
two or more justices of the peace; or
a single justice of the peace if the justice has power to exercise any
function of a court of summary jurisdiction.
“current drafting practice” means the legislative drafting practices from time to
time used in the Attorney General’s Chambers, as set out in policy
documents made by those Chambers from time to time.
“definition” means a provision of Manx legislation or UK legislation (however
expressed) that —
(a)
(b)
gives a meaning to a word or expression; or
limits or extends the meaning of a word or expression.
Example of a definition: “Manx legislation” see section 3(a).
Note: Definitions appear in quotation marks. Those for more than one section are in bold
font and are “signposted” in the Schedule. Those in plain font are only for the particular
section in which they appear and are not “signposted”.
“Deemster” means the First Deemster, the Second Deemster, the Judge of
Appeal or a Deemster appointed under section 3B of the High Court Act
1991.
“Deemsters” means —
(a)
(b)
generally, the First Deemster and the Second Deemster acting jointly; or
if the Second Deemster is absent, or is otherwise unable to act on account
of illness or for any other cause whatsoever, the First Deemster only.
“Department” means a body established under section 1(1) of the Government
Departments Act 1987.
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“Diocesan Registrar” means the Registrar (formerly styled the Episcopal
Registrar) of the Diocese of Sodor and Man.
“document” means any record of information, and includes —
(a)
(b)
(c)
(d)
anything on which information of any description is recorded;
anything on which there are figures, marks, numbers, perforations,
symbols or anything else having a meaning for people qualified to
interpret them;
anything from which images, sounds, messages or writings can be
produced or reproduced, whether with or without the aid of anything
else; or
a drawing, map, photograph or plan.
“Douglas Corporation” means the Mayor, Aldermen and Burgesses of the
Borough of Douglas.
“electronic gazette” see section 38(1)(b) of the Legislation Act.
“enforceable EU right” see section 1(1) of the European Communities Act.
“estate” includes any estate, interest, charge, right, title claim, demand, lien or
encumbrance at common law or in equity.
“expire” includes lapse or otherwise cease to have effect, including under
section 12 (Act expires if not promulgated within 18 months) of the
Legislation Act.
“enacted” or “passed”, for an Act, see section 17(1) of the Legislation Act.
“the EU” see section 1(1) of the European Communities Act.
“EU customs duty” see section 1(1) of the European Communities Act.
“EU institution” see section 1(1) of the European Communities Act.
“EU instrument” see section 1(1) of the European Communities Act.
“EU obligation” see section 1(1) of the European Communities Act.
“EU provision” see section 1(1) of the European Communities Act.
“the European Court” see section 1(1) of the European Communities Act.
“the EU treaties” see section 1(2) of the European Communities Act.
“European Communities Act” means the European Communities (Isle of Man)
Act 1973.
“First Deemster and Clerk of the Rolls” means Her Majesty’s First Deemster
and Clerk of the Rolls.
“function” includes authorities, duties, jurisdiction, powers and responsibilities.
“General Registry” means the General Registry established under section 1 of
the General Registry Act 1965.
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Note: Under that section, the functions of the Rolls Office, the Deeds Registry and the Office of
the Registrar General were transferred the General Registry.
[Comment: The Chief Registrar was asked if a global consequential can be
done updating these references outside the GRA to the General Registry. The
response was that s 1 of the 1965 Act made this unnecessary.]
“Government” means the Government of the Island.
“Governor” and “Lieutenant Governor” include the Governor, Lieutenant-
Governor, Deputy Governor, Deputy Lieutenant-Governor and the
Acting Governor or Acting Lieutenant-Governor of the Island.
“Governor in Council” means the Governor acting on the advice and with the
concurrence of the Council of Ministers, but not necessarily in the
Council assembled.
“guardian”, if used for a child or young person includes anyone who, in the
opinion of the court having cognisance of any case relating to the child or
young person or in which the child or young person is concerned, has for
the time being the charge of, or control over, the child or young person.
“High Bailiff” includes a deputy High Bailiff.
“High Court” means the High Court of Justice of the Isle of Man.
“house” includes any yard, garden, outhouses and appurtenances for, or
usually enjoyed with, a house.
“Imperial Parliament” means the Parliament of the United Kingdom.
“indictment” includes information.
“Island” (without reference to the Island or Isle referred to) means the Isle of
Man (also spelt Mann) and its territorial sea.
“Isle” (without reference to the Island or Isle referred to) means the Isle of Man
(also spelt Mann) and its territorial sea.
“judge” means a judge of the High Court.
“Keys” means the House of Keys.
“land” includes —
(a)
(b)
(c)
houses, buildings and other structures;
an estate or interest in land; and
an easement or right in, to or over land.
“lease” includes demise, tenancy and sublease, whether for a term, for a period
or at will.
“legal guardian”, for a child or young person, means anyone lawfully
appointed to be the child’s guardian under a deed, will or a court order.
“lessee” includes tenant.
“lessor” includes landlord.
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“liability” means any liability or obligation (whether liquidated or
unliquidated, certain or contingent, or accrued or accruing).
“local authority” means —
(a)
(b)
within the Borough of Douglas, the Douglas Corporation; or
elsewhere in the Island, the Commissioners of a Local Government
District.
“make”, for a public document, includes grant, give and issue the document.
“Manx enactment” see section 10(1).
“Manx legislation” see section 3(a).
“maximum penalty” —
(a)
(b) for —
generally, see section 54; and
(i)
“maximum penalty (on information)”, see also section 55(3) and
(4); or
(ii) “maximum penalty (summary)”, see also section 55(2) and (4).
“may”, if used for a function, see section 35.
“member”, of a Department, means anyone appointed as a member of that
Department under section 2 of the Government Departments Act 1987.
“midnight”, for a particular day, means the point of time at which the day ends.
“Minister” means —
(a)
(b)
generally, anyone for the time being appointed to be a Minister under the
Council of Ministers Act 1990 (“the Act”); or
for a particular Department (or with the addition of words by way of
designation of a Department or under an order under section 5(4) of the
Act), the Minister (including the Chief Minister) for the time assigned to
that Department under section 5(1) of that Act.
“modify” includes to adapt, add to, amend, make exceptions to and to repeal or
omit in whole or part.
“month” means a calendar month.
“negative Tynwald procedure” see section 29(1) of the Legislation Act.
“non-legislative public document” see section 16.
“non-working” day means all or any of the following —
(a)
(b)
a Saturday;
a Sunday; or
(c) a bank holiday under the Bank Holidays Act 1989;
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Interpretation Bill 2012
SCHEDULE
(d)
a day declared to be a non-business day under a Treasury order under
section 1 of the Banking and Financial Dealings (Isle of Man) Act 1973.
“number” means —
(a)
(b)
(c)
a number expressed in figures or words;
a letter; or
a combination of a number so expressed and a letter.
“oath” includes, for someone who may lawfully affirm or declare instead of
swearing, an affirmation or declaration.
“offence triable on information” means an offence the proceedings for which
are commenced by an information preferred by the Attorney General in
the name of and on behalf of Her Majesty and that is triable in the Courts
of General Gaol Delivery.
“omit”, for a provision of Manx legislation, includes repeal.
“on information” means on information under section 2 of the Criminal
Jurisdiction Act 1993.
“parent”, for a child adopted under a Manx enactment, means the person by
whom the child has been adopted, to the exclusion of his or her natural
parent.
“Parliament” means the Parliament of the United Kingdom.
“Parliamentary enactment” see section 12(1).
“perform”, for a function, includes the exercise of authority, jurisdiction, power
or responsibility.
“person” see section 34.
“personal representative”, of a deceased individual, means the executor
(whether original or by representation) or administrator of the
individual’s estate.
“power” includes an authority, privilege or discretion.
“prescribed”, for a provision in an Act, means prescribed under a statutory
document made under the Act.
“printing” includes printing by way of typewriting, lithography or produced or
reproduced by electronic or mechanical means.
“Privy Council” means the Judicial Committee of the Privy Council under
section 1 of the Judicial Committees Act 1833 of Parliament.
“proceeding” means a legal or other action or proceeding in a court or tribunal.
“promulgation”, for an Act, see section 11 (promulgation requirement) of the
Legislation Act.
“provision”, for Manx legislation, see section 11.
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“public analyst” means a public analyst appointed under section 22 of the Food
Act 1996, and includes —
(a)
(b)
(c)
another analyst employed to assist, and authorised by, that public
analyst;
a deputy public analyst; and
an agricultural analyst appointed under section 1(3) of the Fertilisers and
Feeding Stuffs Act 1975.
“public document” see section 14.
“public holiday” includes a day duly declared to be, or proclaimed as, a public
holiday.
“public officer” means the holder for the time being of a public office created
under, or referred to in, a Manx enactment or Tynwald resolution.
“purposes”, for a provision about a Department or Statutory Board, means its
statutory functions or purposes under Manx legislation and those
authorised under a Tynwald resolution.
“record” includes information stored or recorded by way of a computer.
“repeal” includes cancel, delete, expire, rescind and revoke.
“reprint”, for a provision about Manx legislation, see section 65(4) of the
Legislation Act.
“responsible authority”, for, or for a provision about, a statutory document, see
section 15(4).
“rule” includes a byelaw.
“rules of court”, for a provision about a court, means rules made by the
authority with power to make rules or orders regulating the court’s
practice and procedure.
“Secretary of State” means one of Her Majesty’s Principal Secretaries of State
for the time being.
“savings provision” means a provision —
(a)
(b)
made or expressed to be made for a saving purpose; or
that makes provision consequential on a provision mentioned in
paragraph (a).
“see”, followed by a reference to, or to a provision of, an Act, law or document,
when used to define a word, entity, thing or matter, means the word,
entity, thing or matter has the same meaning as it has in, or assigned to it
under, the provision, Act, law or document.
“Second Deemster” means Her Majesty’s Second Deemster for the time being.
“shall”, if used for a function, see section 36.
“sign” includes the attaching of a seal and the making of a mark.
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SCHEDULE
“Speaker” means the Speaker of the House of Keys for the time being and
includes an acting Speaker and the Deputy Speaker when deputising in
the Speaker’s absence.
“Staff of Government Division” means the Staff of Government Division of the
High Court under section 2 of the High Court Act 1991.
“Statutory Board” means a body under section 1(1) and Schedule 1 to the
Statutory Boards Act 1987.
“statutory declaration”, if made —
(a) in the Island, means a declaration made under the Evidence Act 1871;
(b)
(c)
in a place in the United Kingdom or a British possession outside the
Island, means a declaration made before a justice of the peace, notary
public or other person having lawful authority in that place under a law
of the place to take or receive a declaration;
in another place, means a declaration made before a British Consul or
vice-consul or before anyone authorised under a Parliamentary
enactment to take or receive a declaration.
“statutory document” see section 15.
“summary conviction” means conviction by a court of summary jurisdiction.
“summary offence” means an offence commenced by complaint in a court of
summary jurisdiction.
“swear” includes, for someone who may lawfully affirm or declare instead of
swearing, making an affirmation or declaration.
“Taxing Master” means the Chief Registrar.
“territorial sea” means the territorial sea adjacent to the island within the
meaning of section 1 of the Territorial Sea (Consequential Provisions) Act
1991.
“text”, of an Act or statutory document, see section 18.
“transitional provision” means a provision —
(a)
made, or expressed to be made, for a transitional purpose; or
Example: A power for a statutory document to make provisions for a transitional
purpose.
(b)
that makes provision consequential on a provision mentioned in
paragraph (a); or
Example: A provision stating an existing licence under a repealed Act is taken to be a
licence of a particular kind under another Act and authorising the imposition of
conditions under the other Act.
“Tynwald Day” see section 46(2).
“under”, for a provision of Manx legislation, includes any of the following —
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SCHEDULE Interpretation Bill 2012
(a)
(b)
(c)
(d)
(e)
(f)
(g)
by;
by virtue of;
for or for the purposes of;
in accordance with;
in pursuance of;
pursuant to; or
within the meaning of.
“UK legislation” means a Parliamentary enactment or other legislation of any
part of the United Kingdom.
“United Kingdom” means the United Kingdom of Great Britain and Northern
Ireland.
“validating provision” means a provision —
(a)
(b)
made or expressed to be made to validate something that is or may be
invalid; or
that makes provision consequential on a provision mentioned in
paragraph (a).
“Vicar-General” means the Vicar-General and Chancellor of the Diocese of
Sodor and Man.
“will” includes codicil.
“word” includes a drawing, figure, number and symbol.
“writing” includes digital information, printing, lithography, typing,
photography and other modes of representing or reproducing words in
visible form.
[Notes:
1. The better view is that digital information was included anyway in the
consultation draft definition (copied from the 1976 Act). ITD asked for the
specific inclusion of “digital information” because that is now the most
common form of writing in modern communication. The inclusion avoids
any doubt.
2. The words “(and expressions referring to writing)” have been deleted
because they are now unnecessary with new cl 30(2). Specifically including
them here could derogate from s 30(2)’s application to other defined terms.]
“working day” means a day other than a non-working day.
“year” means a year reckoned according to the British calendar.
“year of assessment” means the year commencing on 6 April and ending on 5
April following for or in respect of which income tax is payable.
PART 2 — DEFINITIONS FOR THIS ACT ONLY
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“authorising legislation”, for Part 4, Division 6, see section 62.
“conditions” includes exceptions and qualifications.
“general fee power” see section 79(2).
“government authority” means any of the following —
(a)
(b)
(c)
(d)
a Department, Statutory Board or registry;
a branch or division of the Island’s Executive Government;
a commission, committee or body mentioned in section 5(1)(c) of the
Payment of Members' Expenses Act 1989; or
a public officer.
“incorporation legislation” means any Manx legislation under which bodies
corporate are incorporated.
“judicial officer” means a judge, High Bailiff or justice of the peace.
“Legislation Act” see section 5(1).
“made”, for Part 4, Division 6, see section 62.
“matter”, for Part 5, Division 5, see section 84.
“repealed Interpretation Act” means the repealed Interpretation Act 1976.
“statutory form”, for Part 4, Division 6, see section 62.
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LEGISLATION BILL 2012
Note: This is a discussion draft only. It has not been approved by the Council of
Ministers for introduction. It is still subject to checking and may contain minor
errors.
Explanatory Memorandum
1. This Bill is promoted by the Council of Ministers.
PART 1 – INTRODUCTORY
2. Clause 1 states the short title. Clause 2 provides for commencement to be by
order of the Council of Ministers. Clause 3 sets out the main purposes of the Bill,
namely:
(a)
(b)
(c)
(d)
(e)
to bring together into one Act general provisions about Manx
legislation and non-legislative public documents, apart from those
matters provided for under the Interpretation Act 2012;
to facilitate improvement in the presentation of Manx legislation;
to rationalise procedures for the making of statutory documents;
to facilitate the updating and ready availability of Manx
legislation (which is facilitated mainly by provisions about access
to and reprinting of Manx legislation and for consolidating Acts);
and
generally to ensure Manx legislation is of the highest standard.
3. Clause 4 provides for this Bill and the Interpretation Bill accompanying it to be
read together. They both apply to all Manx legislation and non-legislative public
documents.
4. Clause 5 provides that the Bill’s application may be displaced wholly or partly
by a contrary intention. Clause 6 makes the Bill subject to provisions of the
European Communities (Isle of Man) Act 1973 concerned with the application
of EU legislation. Clause 7 introduces the Schedule, which sets out the
definitions applicable to the Bill.
PART 2 – ACTS
Division 1 – Announcement and promulgation
5. Clause 8 provides that the Bill applies to any Act from when it receives Royal
Assent. Clause 9 provides for announcement of Royal Assent to Tynwald. Clause
10 contains provisions about an announcement certificate stating the
announcement day.
6. Clause 11 provides for promulgation and the procedure surrounding
promulgation is set out in clauses 13 and 14. Clause 12 provides that an Act

Explanatory Memorandum Legislation Bill 2012
expires if not promulgated within 18 months. Clause 15 provides for a
promulgation certificate. Clause 16 provides that in a reprint of an Act a
statement about its announcement day and promulgation day is admissible as
evidence of that day.
Division 2 – Commencement
7. Clause 17 makes general provision about commencement of Acts. Clause 18
provides for an Act’s citation and commencement provisions to commence
automatically on its announcement day. Clause 19 makes provision where an
enactment is to commence on a day to be fixed by statutory document.
8. Clause 20 provides that an amendment of an uncommenced Act does not
commence the Act and that the amendment itself commences when that Act
commences. Under clause 21 the repeal of a commencement provision does not
affect the Act’s continuing operation.
Division 3 – Miscellaneous
9. Under clause 22 Acts must be judicially noticed as public Acts. Clause 23
provides that each provision of an Act has effect as a substantive enactment.
PART 3 – PUBLIC DOCUMENTS
Division 1 – Making and commencement
10. Clause 24 provides for execution of public documents and clause 25 provides for
when a public document is made. Clause 26 gives power for a public document
to be commenced by notice. Under clause 27 if a public document commences on
a particular day, it commences at the start of that day. Clause 28 provides that an
amendment of an uncommenced public document does not commence that
document and that the amendment itself commences when the document
commences.
Division 2 – Statutory documents: Tynwald procedures
11. Clause 29 provides the procedure where a statutory document is to be laid with
power for Tynwald to disallow it. Clause 30 covers the procedure for Tynwald to
approve the draft of a statutory document. Clause 31 enables Tynwald to resolve
that a statutory document (other than rules of court) is subject to the procedure
set out in either of the above clauses be made subject to the other procedure and
if so for the Council of Ministers to modify the enactment concerned to give
effect to the resolution. Clause 32 provides a default requirement for statutory
documents to be laid before Tynwald.
Division 3 – Miscellaneous provision
12. Clause 33 provides for a presumption that a public document is validly made
unless the contrary be proved.
PART 4 – ALL MANX LEGISLATION
Division 1 – Numbering, citation and distribution
13. Clause 34 provides for numbering of each Act on its announcement day by the
Clerk of Tynwald, proposing a new system of “AT” (meaning “Act of
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Legislation Bill 2012
Explanatory Memorandum
Tynwald”) numbers unique to Acts of Tynwald in place of chapter numbers.
This is to align Acts with the concept of SD numbers used for statutory
documents. Clause 35 provides for the Clerk of Tynwald to number each
statutory document. Clause 36 provides for the citation of Manx legislation.
14. Clause 37 provides for the filing of Manx legislation in the General Registry and
certified copies to be provided to the Tynwald Library and the Attorney
General. Clause 38 obliges the Attorney General to make arrangements for the
publication and sale of Manx legislation and for the Attorney General to arrange
for the legislation to be published in an electronic gazette on a website approved
by the Attorney General for that purpose, after consultation with the Clerk of
Tynwald. Publication requires notice of the passing of the legislation and either
information as to how copies may be obtained or the text of the Act.
15. Under clause 39 there is a defence to contravening Manx legislation if it has not
been published unless the prosecutor proves reasonable steps were taken to
bring it to the notice of the public, persons likely to be affected by it or the
defendant.
Division 2 – Amendments: general
16. Clause 40 provides that amending legislation is to be read as one with the
legislation it amends. Clause 41 sets out rules for determining where
amendments are to be inserted and clause 42 provides that if an amendment is to
be made it is to be made wherever possible (for example if there is a change of
name it is made in all places where the old name occurs). Clause 43 provides for
the automatic consequential amendment of pronouns and punctuation,
numbering, etc. According to clause 44, the relocation of a provision to a
different place in the legislation or elsewhere in legislation does not change its
meaning.
Division 3 – Repeals and amendments
Subdivision 1 – General
17. Clause 45 deals with the time at which a repeal takes effect and clause 46 treats
expired legislation as having been repealed.
Subdivision 2 – Automatic repeal of spent amendments
18. Clauses 47 and 48 define “amending legislation” and “amending provision”
respectively and clause 49 goes on to provide for the repeal of all existing
amending legislation, thereby clearing off the statute book all amending
provisions that have taken effect and are therefore now spent. Clause 50
provides for the automatic expiry of future amending legislation and
provisions.
Subdivision 3 – Operation of repeals and amendments
19. Clause 51 states that a repeal (under the above Subdivision) has effect for all
purposes and clause 52 provides that a repeal or amendment operates once and
for all and repealed legislation is not revived if the provision that repeals it is
itself repealed. Clause 53 ensures that the repeal or amendment of Manx
legislation does not affect anything done under it, etc. Nor, according to clause
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Explanatory Memorandum Legislation Bill 2012
54, does repeal affect the continuing operation of saving, transitional or
validating provisions.
Division 4 – Default savings and transitional provisions
20. This Division makes general provision where legislation is repealed and reenacted
(clause 55). Clause 56 contains interpretative provisions. Provision is
made for existing appointments to continue (clause 57), existing securities to
remain in operation and things done under the old legislation to continue (clause
58), existing proceedings to continue (clause 59), existing penalties and rights to
be preserved (clause 60) and things done under the old legislation to have the
same effect (clause 61). Under clause 62 references in other legislation to the old
legislation are read as to the new and references to old bodies in other
legislation are read as references to their successor under the new. Under clause
63 provision is made for instances where a thing happens after the repeal of the
old legislation if legislation refers to the old legislation
Division 5 – Miscellaneous
21. Clause 64 states that if an Act amends a statutory document, the document may
be amended or repealed as if the amendment had been made under a statutory
document.
PART 5 – REPRINTS
Division 1 – General
22. Clause 65 gives the Attorney General power to authorise and publish versions of
Manx legislation and authorise and publish corrections of errors. These
publications are known as reprints. Under clause 66 the Attorney General may
delegate the Attorney General’s powers to the Chief Legislative Drafter or any
other appropriately qualified person in the Attorney General’s Chambers.
Under clause 67 the Attorney General must publish a printed official reprint of
each reprint and clause 68 gives the Attorney General power to publish
electronic reprints and to declare that such a reprint is an official reprint. Clause
69 affords the official reprint authoritative status in court and clause 70 provides
for reprint costs to be defrayed out of money provided by Tynwald.
Division 2 – What reprints must and may include
Subdivision 1 – Amendments
23. Clause 71 states that a reprint must show all of the reprinted legislation as in
operation on a stated day, including all amendments to it that commenced on or
before that day, though uncommenced amendments may be shown so long as
they are differentiated and there is a note stating that they have not commenced.
Subdivision 2 – Permitted changes and corrections
24. This Subdivision is about making certain minor changes or corrections for
reprints (clause 72), the detailed provisions for which are in Schedule 1. The
approval of the Attorney General is needed and the change must not change the
effect of the text or renumber or relocate any provision (clause 73). The effect of a
reprint change is as if made under an amending provision (clause 74). Clause 75
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Legislation Bill 2012
Explanatory Memorandum
requires an official reprint to include before the text notes stating that the
Attorney General has authorised the reprint as an official reprint and the reprint
date. Clause 76 states that a reprint must include endnotes giving details of
amendments and corrections and changes at the end of the text. Clause 77
enables reprints to include other notes to help users. The notes do not have legal
effect and must be shown in a way that differentiates them from the text of the
reprint.
PART 6 – CONSOLIDATIONS OF ACTS
Division 1 – Legislation Consolidation Board
25. Clause 78 establishes the Legislation Consolidation Board. Its functions are to
draft consolidation Bills that combine or split Acts or relocate provisions
between Acts or places in Acts (clause 79). The Board is to comprise the
President of Tynwald (who chairs it), the Speaker, a representative appointed
by the Chief Secretary, the Attorney General and the chief legislative drafter
(clause 80).
Division 2 – Consolidation powers
26. The powers of the Board are set out in clause 81. A number of changes may be
made that do not affect the meaning of legislation, as is confirmed by clause 82.
Division 3 – Enactment procedures
27. Clause 83 provides for the Board to certify to the Clerk of Tynwald that a Bill is a
consolidation, without which it may not be introduced into Tynwald under the
procedure set out in clause 84. This enables a Bill for a consolidation to be passed
without the need to pass through any stages in the Branches of Tynwald so long
as at least one sitting of Tynwald has passed since its introduction. If approved
by Tynwald it is taken to have been passed by both the Keys and the Legislative
Council. An amendment may be moved only with the leave of the President of
Tynwald or if the Board has certified in writing that the amendment is
necessary to correct an error. Clause 85 provides that if a consolidation is
approved by Tynwald the Board must certify that the Bill is a consolidation and
that either the Bill does not change the effect of existing legislation, any changes
to the effect are minor or the changes in effect are wholly due to amendments
moved by Tynwald.
PART 7 – OTHER PROVISIONS
Division 1 – General
28. Clause 86 empowers the Council of Ministers to delegate its powers to make
public documents under the Act to the Chief Minister.
29. Clause 87 contains regulation-making powers. Clause 88 repeals 6 Acts. Four of
them are reproduced in this Bill. The other 2 are spent save for 1 minor residual
provision in each. In one of those cases, the provision can be repealed because of
clause 52. For the other, the provision is saved under clause 94.
Division 2 – Transitionals
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Explanatory Memorandum Legislation Bill 2012
30. Clause 89 provides that if Manx legislation passed before the Bill provides for
publication of a notice or other matter in a newspaper circulating in the Island
the provision has effect as if it provided an for publication in the electronic
gazette and for reasonable steps to be taken to bring it to the attention of the
public or persons likely to be affected by it.
31. Clause 90 excludes existing offences from the scope of the non-publication
defence under clause 39.
32. Clause 91 makes provision for the effect of existing reprints and notes. Clause 92
makes provision for references to repealed Acts. Clause 93 contains a declaratory
provision that an amendment or repeal of an amending or repealing provision
has never had the effect of reviving the provision amended or repealed in the
form in which it existed before the amendment or repeal took effect. Clause 94
contains a savings provision for section 51 of the repealed Children and Young
Persons Act 1969. Clause 95 contains a transitional regulation-making power
relating to repealed Acts.
PART 8 – CONSEQUENTIAL AND MINOR AMENDMENTS
33. Clauses 96 amends 3 Acts that cross-refer to repealed legislation.
34. Clause 97 contains some consequential and minor amendments.
35. It is not envisaged the Bill will have any significant cost implications. The Bill is
not expected to increase Government expenditure or reduce its income.
Administration of the Bill will be resourced from the existing budget, and using
the existing staffing, of the Attorney General’s Chambers.
It is expected that the measures mentioned above to streamline the Statute Book
and the drafting of primary and secondary legislation and for the reprinting and
consolidation of legislation will result in medium and long-term savings to
Government. The provisions for publicly available official electronic reprints
will save the Government (and the community generally) the cost of having to
individually purchase reprints from a commercial publisher.
36. In the view of the member moving the Bill its provisions are compatible with
the Convention rights under the Human Rights Act 2001.
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Legislation Bill 2012
Index
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LEGISLATION BILL 2012
Index
Section
Page
PART 1 – INTRODUCTORY 11
1 Short title ........................................................................................................................ 12
2 Commencement ............................................................................................................ 12
3 Main purposes of Act ................................................................................................... 12
4 Combined operation of this Act and the Interpretation Act .................................. 12
5 Displacement of Act by contrary intention ............................................................... 13
6 Relationship with European Communities (Isle of Man) Act 1973 ....................... 13
7 Definitions for this Act ................................................................................................. 13
PART 2 – ACTS 13
DIVISION 1 — ANNOUNCEMENT AND PROMULGATION 13
8 Application of this Division ........................................................................................ 13
9 Announcement of Royal Assent to Tynwald ............................................................ 13
10 Announcement certificate ............................................................................................ 13
11 Promulgation requirement .......................................................................................... 14
12 Act expires if not promulgated within 18 months ................................................... 14
13 Pre-promulgation procedure ...................................................................................... 14
14 Promulgation on Tynwald Hill ................................................................................... 14
15 Promulgation certificate ............................................................................................... 14
16 Evidence of announcement or promulgation ........................................................... 15
DIVISION 2 — COMMENCEMENT 15
17 General commencement provision ............................................................................ 15
18 Automatic commencement of citation and commencement provisions............... 15
19 Provisions for commencement by statutory document .......................................... 15
20 Commencement of amendment of uncommenced Act ........................................... 16
21 Commencement not undone if repealed ................................................................... 16
DIVISION 3 — MISCELLANEOUS 16
22 Acts are public ............................................................................................................... 16
23 Provisions of Acts are substantive enactments ........................................................ 16
PART 3 – PUBLIC DOCUMENTS 17
DIVISION 1 — MAKING AND COMMENCEMENT 17
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Index Legislation Bill 2012
24 Making public documents .......................................................................................... 17
25 Day of making .............................................................................................................. 17
26 Power to provide for commencement by notice ...................................................... 17
27 Time of commencement .............................................................................................. 18
28 Commencement of amendment of uncommenced public document................... 18
DIVISION 2 — STATUTORY DOCUMENTS: TYNWALD PROCEDURES 18
29 “Negative Tynwald procedure” ................................................................................. 18
30 “Affirmative Tynwald procedure” ............................................................................ 19
31 Power to change one procedure to the other............................................................ 19
32 Default laying requirement if none provided .......................................................... 19
DIVISION 3 — MISCELLANEOUS 20
33 Presumption of validity ............................................................................................... 20
PART 4 – ALL MANX LEGISLATION 20
DIVISION 1 – NUMBERING, CITATION AND DISTRIBUTION 20
34 Numbering of Acts ....................................................................................................... 20
35 Numbering of statutory documents .......................................................................... 21
36 Citation of Manx legislation ........................................................................................ 21
37 Filing official print and distributing copies .............................................................. 22
38 Electronic gazettal and arrangements for publication and sale ............................. 22
39 Defence if Manx legislation not published ............................................................... 23
DIVISION 2 — AMENDMENTS: GENERAL 24
40 Principal and amending legislation to be read as one ............................................ 24
41 Placing insertion if not specified exactly ................................................................... 24
42 Amendment must be made wherever possible ....................................................... 25
43 Automatic consequential amendments ..................................................................... 25
44 Relocations: meaning unaffected ............................................................................... 26
DIVISION 3 — REPEALS AND AMENDMENTS 26
SUBDIVISION 1 — GENERAL 26
45 Time repeal takes effect ............................................................................................... 26
46 Expiry provisions take effect as a repeal ................................................................... 27
SUBDIVISION 2 — AUTOMATIC REPEAL OF SPENT AMENDMENTS 27
47 “Amending legislation” .............................................................................................. 27
48 “Amending provision” ................................................................................................ 27
49 Repeal of existing spent amendments ....................................................................... 28
50 Automatic expiry of future amendments ................................................................. 28
SUBDIVISION 3 — OPERATION OF REPEALS AND AMENDMENTS 29
51 Automatic repeals ........................................................................................................ 29
52 No revival if repeal or amendment repealed ........................................................... 29
53 Saving of operation of amended and repealed Manx legislation .......................... 30
54 Saving, transitional or validating provision continues in effect ............................ 31
DIVISION 4 — DEFAULT SAVINGS AND TRANSITIONAL PROVISIONS 31
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Legislation Bill 2012
Index
55 Application of this Division ........................................................................................ 31
56 Interpretation for this Division ................................................................................... 31
57 Existing appointments continue ................................................................................. 32
58 Existing securities and things ..................................................................................... 32
59 Existing proceedings .................................................................................................... 32
60 Existing penalties and accrued and accruing rights ................................................ 32
61 Things done under the old legislation ....................................................................... 33
62 Transition of references in other legislation .............................................................. 33
63 Transition of specific references for things happening after repeal ...................... 33
DIVISION 5 — MISCELLANEOUS 34
64 Amendment of statutory document by Manx enactment ....................................... 34
PART 5 – REPRINTS 34
DIVISION 1 —GENERAL 34
65 Attorney General’s reprint power .............................................................................. 34
66 Delegation of powers ................................................................................................... 34
67 Printed official reprint .................................................................................................. 34
68 Electronic reprints ......................................................................................................... 35
69 Status of official reprint and certain printouts of official reprints ......................... 35
70 Reprint costs .................................................................................................................. 36
DIVISION 2 — WHAT REPRINTS MUST AND MAY INCLUDE 36
SUBDIVISION 1 — AMENDMENTS 36
71 Commenced amendments ........................................................................................... 36
SUBDIVISION 2 — REPRINT CHANGES 36
72 Permitted changes and corrections ............................................................................ 36
73 Restrictions on making reprint changes .................................................................... 36
74 Effect of reprint change ................................................................................................ 36
SUBDIVISION 3 — REPRINT NOTES 37
75 Authorisation and reprint date notes ........................................................................ 37
76 Endnotes ......................................................................................................................... 37
77 Notes to aid users ......................................................................................................... 37
PART 6 – CONSOLIDATIONS OF ACTS 38
DIVISION 1 — LEGISLATION CONSOLIDATION BOARD 38
78 Establishment ................................................................................................................ 38
79 Functions ........................................................................................................................ 38
80 Who comprises the Board ............................................................................................ 38
DIVISION 2 — DRAFTING POWERS 38
81 Powers ............................................................................................................................ 38
82 Consolidation must not change existing legislation’s effect ................................... 40
DIVISION 3 — ENACTMENT PROCEDURES 40
83 Board certification of draft .......................................................................................... 40
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Index Legislation Bill 2012
84 Abridged Tynwald procedure .................................................................................... 40
85 Board certification to Her Majesty if Bill passed ...................................................... 40
PART 7 – OTHER PROVISIONS 41
DIVISION 1 — GENERAL 41
86 Delegations by Council of Ministers ......................................................................... 41
87 General regulation-making power ............................................................................ 41
88 Repeals of Acts .............................................................................................................. 41
DIVISION 2 — SAVINGS AND TRANSITIONALS 42
89 Existing Manx legislation: publication by a government authority ...................... 42
90 Non-publication defence applies only to newly-created offences ........................ 42
91 Existing reprints ........................................................................................................... 42
92 References to repealed Act .......................................................................................... 43
93 Declaratory provision for previous amendments and repeals .............................. 43
94 Provision for repealed Children and Young Persons Act 1969 ............................. 43
95 Transitional regulation-making power ..................................................................... 43
PART 8 – CONSEQUENTIAL AND MINOR AMENDMENTS 43
96 Amendments for filing official print and distributing copies ................................ 44
97 Other amendments ....................................................................................................... 44
SCHEDULE 1 45
REPRINT CHANGES PERMITTED 45
SCHEDULE 2 49
DEFINITIONS 49
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Legislation Bill 2012 Section 1
c
LEGISLATION BILL 2012
A BILL about general provisions for Manx legislation and non-legislative public
documents; to consolidate and re-enact the Filing of Statutory Documents Act
1937, the Promulgation Act 1988, the Short Titles Act 1977 and the Reprints Act
1981; to make consequential and minor amendments to other Acts; and for
connected purposes.
BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and
consent of the Council and Keys in Tynwald assembled, and by the authority of the
same, as follows:—
PART 1 – INTRODUCTORY
[General notes for changes since the Consultation draft:
1. Changes of substance from the consultation draft are colourised.
Corrections, editorial changes and minor drafting changes having no bearing
on meaning are not. However, they can be detected by electronic comparison.
Red signifies a change connected with submissions by Appleby.
Teal signifies a change connected with submissions by the Clerk of Tynwald.
Light green signifies a change connected with submissions by CSO.
Light grey signifies a change connected with submissions by DED.
Light blue signifies a change connected with submissions by ITD.
Pink signifies a change connected with submissions by the General Registry.
Dark grey signifies a change connected with submissions by the Legislative
Committee, Sodor and Man Diocesan Synod.
Yellow signifies a change or a note from within the Attorney General’s
Chambers (other than corrections or inconsequential drafting changes).
Nearly all of these changes are only of a drafting nature. However, they have
been colourised because they might have some minor substantive effect.
The colourings and their order are in no particular order of significance.
Some coloured provisions relate to more than one response.
2. Deliberate omission of capitalisation and full stops for non-sentences:
Following editorial practice, if a list (e.g. a one-word example) is not a
sentence (i.e. it has no verb), it starts in lower case and does not end with a
full stop.]
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Section 1 Legislation Bill 2012
1 Short title
The short title of this Act is the Legislation Act 2012.
2 Commencement
This Act, other than section 1 and this section, commences on the day appointed
by order of the Council of Ministers.
3 Main purposes of Act
(1) The main purposes of this Act are —
(a)
(b)
(c)
(d)
(e)
Notes:
to bring together into one Act general provisions about Manx
legislation and non-legislative public documents, apart from those
matters provided for under the Interpretation Act 2012 (the
“Interpretation Act”);
to facilitate improvement in the presentation of Manx legislation;
to rationalise procedures for the making of statutory documents;
to facilitate the updating and ready availability of Manx
legislation; and
generally to ensure Manx legislation is of the highest standard.
1. “Manx legislation, “non-legislative public document”, “statutory document” and
“Act” are defined under the Interpretation Act. See Part 1 of the Schedule to that Act.
2. That Act’s main purposes include to provide for what is the text of Manx legislation
and to state the basic rules for its interpretation. See section 3 of that Act.
3. Definitions appear in quotation marks. Those for more than one section are in bold
font and are “signposted” in the Schedule. Those in plain font are only for the particular
section in which they appear and are not “signposted”.
(2) The updating and availability of Manx legislation is facilitated mainly by
provisions about access to, and the reprinting of, Manx legislation and
for consolidating Acts.
4 Combined operation of this Act and the Interpretation Act
(1) This Act and the Interpretation Act are to be read together.
(2) Both Acts apply to all Manx legislation (including this Act) and nonlegislative
public documents.
(3) Manx legislation and non-legislative public documents are taken to be
made on the basis that they are to operate in conjunction with both Acts.
(4) Despite subsections (2) and (3), this Act does not apply to Measures, or
the making of Measures, under the Church Legislation Procedure Act
1993.
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Legislation Bill 2012 Section 5
5 Displacement of Act by contrary intention
(1) The application of this Act may be displaced, wholly or partly, by a
contrary intention appearing in Manx legislation or a non-legislative
public document to which this Act applies (the “instrument”).
(2) However, a provision of this Act is not to be displaced by a provision of
the instrument to the extent the 2 provisions can operate concurrently.
(3) Subsection (2) applies even if the 2 provisions deal with the same or a
similar subject matter.
(4) This section is subject to sections 18(2) (automatic commencement of
citation and commencement provisions) 24(2) (making public
documents).
6 Relationship with European Communities (Isle of Man) Act 1973
This Act is subject to sections 2A to 2C of the European Communities (Isle of
Man) Act 1973.
7 Definitions for this Act
Schedule 2 contains definitions for this Act.
[Note: This is deliberately “Schedule 2” so the definitions are at the end and
more accessible.]
PART 2 – ACTS
DIVISION 1 — ANNOUNCEMENT AND PROMULGATION
8 Application of this Division
This Division applies to each Act from when it receives Royal Assent.
9 Announcement of Royal Assent to Tynwald
(1) The President of Tynwald must announce Royal Assent to Tynwald.
(2) The day the announcement is made is the Act’s “announcement day”.
10 Announcement certificate
1976/20/10(4) & (5)
(1) The President of Tynwald and the Speaker must sign a certificate (the
“announcement certificate”) endorsed on or annexed to the Act stating
its announcement day and the time it was announced on that day.
(2) The announcement certificate is conclusive evidence of the matters it
states.
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Section 11 Legislation Bill 2012
(3) A certificate purporting to be the announcement certificate is presumed
to be one unless the contrary is proved.
11 Promulgation requirement
1988/3/1
After its announcement day, the Act must be promulgated under this Division
(“promulgation”).
12 Act expires if not promulgated within 18 months
1988/3/3(2)
(1) If the promulgation of the Act has not taken place within 18 months after
the announcement day, the Act ceases to have effect.
(2) However, subsection (1) does not affect the validity of anything done
under the Act.
(3) Despite section 52, if, under subsection (1), an Act ceases to have effect
any Manx legislation repealed or amended under the Act is revived as it
was in operation immediately before the Act commenced.
13 Pre-promulgation procedure
1988/3/2
The Attorney General must prepare a memorandum in Manx and English
containing the Act’s short title and a concise statement of the effect of the Act.
14 Promulgation on Tynwald Hill
1988/3/3(1) & 5
(1) The promulgation of the Act takes place by the reading of the
memorandum on Tynwald Hill by or under the authority of the
Deemsters.
(2) The reading has the same effect as if the entire Act had been read on
Tynwald Hill.
15 Promulgation certificate
1988/3/4
(1) The President of Tynwald and the Speaker must sign a certificate of
promulgation (the “promulgation certificate”) in attestation of the
promulgation of the Act on a stated day (the Act’s “promulgation day”).
(2) The promulgation certificate is conclusive evidence of the Act’s
promulgation.
(3) A certificate purporting to be the promulgation certificate is presumed to
be one unless the contrary is proved.
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Legislation Bill 2012 Section 16
16 Evidence of announcement or promulgation
In a reprint of the Act, a statement about its announcement day or promulgation
day is admissible as evidence of that day.
DIVISION 2 — COMMENCEMENT
17 General commencement provision
1976/20/10(1)-(3) & 12(1)
(1) An Act is “enacted” or “passed” and commences when it is announced
to Tynwald on its announcement day.
(2) If an Act or a provision of an Act commences on a particular day
(including its announcement day), it commences at the start of that day.
(3) This section is subject to section 18 and the other provisions of this
Division.
18 Automatic commencement of citation and commencement provisions
(1) The provisions of an Act providing for its citation and commencement
provisions automatically commence on the Act’s announcement day.
(2) For section 4(4), this section —
(a)
(b)
is not displaced merely because the Act provides that the Act
(without mentioning any particular provisions) is to commence
on a day to be fixed under a statutory document; but
is displaced if the Act expressly states a statutory document is to
fix a day for the Act’s citation and commencement provisions to
commence.
19 Provisions for commencement by statutory document
(1) This section applies if a Manx enactment is expressed to commence on a
day to be fixed under a statutory document.
(2) The statutory document may fix a single day for the commencement or
different days or times for different provisions of the Manx enactment to
commence.
(3) Amendments made under the Manx enactment may be given separate
commencements, whether or not a provision in which they are contained
is self-contained.
Examples:
1. A provision of the Manx enactment inserts 2 sections. The sections may be given
separate commencements.
2. A provision of the Manx enactment inserts a section divided into paragraphs. The
paragraphs may be given separate commencements.
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Section 20 Legislation Bill 2012
(4) If the day or time fixed for the commencement happens before the day
on which the statutory document is published in the electronic gazette
under section 38(1)(b) (the “notification day”) —
(a)
(b)
the statutory document is valid; but
the Manx enactment does not commence until the notification
day.
20 Commencement of amendment of uncommenced Act
(1) This section applies if an Act (the “amending Act”) amends an Act that
has not commenced (the “uncommenced Act”).
(2) The amendment of the uncommenced Act does not of itself commence
that Act.
(3) The amendment made under the amending Act commences on the
commencement of the uncommenced Act.
21 Commencement not undone if repealed
(1) If a provision of an Act providing for the Act’s commencement is
repealed after the Act commences, the repeal of the provision does not
affect the Act’s continuing operation.
(2) Subsection (1) does not limit another provision of this Part and is in
addition to any provision of the Act under which the repeal is made.
(3) If a statutory document providing for an Act’s commencement is
repealed after the Act commences, the repeal does not affect the Act’s
continuing operation.
DIVISION 3 — MISCELLANEOUS
22 Acts are public
1976/20/4
An Act is, and must be judicially noticed as, a public Act.
23 Provisions of Acts are substantive enactments
1976/20/6
Each provision of an Act has effect as a substantive enactment without
introductory words.
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Legislation Bill 2012 Section 24
PART 3 – PUBLIC DOCUMENTS
DIVISION 1 — MAKING AND COMMENCEMENT
24 Making public documents
(1) A public document must be made by being executed —
(a)
(b)
(c)
for a Department, under paragraph 4 to Schedule 1 to the
Government Departments Act 1987;
for a Statutory Board, under paragraph 9 to Schedule 2 to the
Statutory Boards Act 1987; or
otherwise, by a person authorised for the purpose by the
responsible authority for the document.
(2) For section 4(4) (displacement by contrary intention), this section applies
to a public document unless its authorising legislation expressly states
this section does not apply to public documents made under it.
25 Day of making
1976/20/11(1)
A public document is made on the following day —
(a)
(b)
generally, the day it states it was made; or
if it is made jointly by 2 or more authorities and it states any of
them made it on a different day, the last day on which it is stated
to have been made by any of the authorities.
26 Power to provide for commencement by notice
(1) A public document may provide that all or any of its provisions (other
than its citation and commencement provisions) are to commence on a
day to be published (a “commencement notification”) in —
(a)
(b)
the electronic gazette; or
another way the responsible authority for the public document
reasonably considers is sufficient to bring its purport to the notice
of the public or those likely to be affected by it.
(2) If provision is made under subsection (1), the public document’s citation
and commencement provisions commence when the public document is
made.
(3) Subsection (4) applies if a public document is a statutory document and
any of the following (each a “requirement”) applies —
(a)
(b)
it is subject to the negative Tynwald procedure;
its authorising legislation requires that it must be laid before
Tynwald before it is to commence; or
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Section 27 Legislation Bill 2012
(c) it is subject to the laying requirement under section 32.
(4) Despite subsection (1), a commencement notification must not take place
if it would result in the infringement of a requirement mentioned in
subsection (3).
27 Time of commencement
1976/20/12(2)
If a public document commences on a particular day, it commences at the start
of that day.
28 Commencement of amendment of uncommenced public document
(1) This section applies if a public document (the “amending document”)
amends a public document that has not commenced (the “uncommenced
document”).
(2) The amendment of the uncommenced document does not of itself
commence the document.
(3) The amendment made under the amending document commences on the
commencement of the uncommenced document.
DIVISION 2 — STATUTORY DOCUMENTS: TYNWALD PROCEDURES
29 “Negative Tynwald procedure”
(1) Subsections (2) to (5) (the “negative Tynwald procedure”) apply to a
statutory document only if its authorising legislation provides —
(a)
(b)
states that the “negative Tynwald procedure” (using those
particular words) applies to the document; or
provides that this section applies to the document.
(2) The responsible authority for the document must cause the document to
be laid before Tynwald as soon as practicable after it is made.
(3) Tynwald may, at the sitting at which the document was so laid or the
next sitting, resolve that it be disallowed (a “disallowance resolution”).
(4) If a disallowance resolution is passed —
(a)
(b)
the document is taken to have been revoked as if there had been a
further exercise of the same powers revoking it; and
any Manx legislation repealed or amended by the document is
revived.
(5) To avoid any doubt, the revocation —
(a)
does not affect the operation of section 53 (saving of operation of
repealed and amended Manx legislation) to the document;
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Legislation Bill 2012 Section 30
(b)
does not prevent the exercise of the same power under which the
document was made for another statutory document for the same
or substantially the same matter.
30 “Affirmative Tynwald procedure”
(1) Subsections (2) to (5) (the “affirmative Tynwald procedure”) apply to a
statutory document only if its authorising legislation provides —
(a)
(b)
states that the “affirmative Tynwald procedure” (using those
particular words) applies to the document; or
Examples: sections 87(3) and 95(2))
provides that this section applies to the document.
(2) The document must not be made unless a draft of it has been laid before
and approved by Tynwald (“Tynwald approval”).
(3) Tynwald approval of a draft is taken to include Tynwald’s approval to
make reprint changes to it before making the document (with or without
the Attorney General’s agreement).
(4) A purported statutory document made without Tynwald approval has
no effect and never has had any effect.
(5) To avoid any doubt, the document as made need not be laid before
Tynwald after it is made.
31 Power to change one procedure to the other
(1) This section applies for a type of statutory document (other than rules of
court) subject to the negative Tynwald procedure or the affirmative
Tynwald procedure.
(2) Tynwald may resolve that the type of statutory document is subject to
other type of procedure instead.
(3) The Council of Ministers may by order modify the Manx enactment to
effect to the resolution.
(4) The affirmative Tynwald procedure applies to the order.
32 Default laying requirement if none provided
(1) This section applies if the authorising legislation for a statutory
document does not provide that the document is subject to being laid
before Tynwald at all.
(2) The document must be laid before Tynwald as soon as practicable after it
is made (the “laying requirement”).
(3) A failure to comply with the laying requirement does not affect the
validity of the document.
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Section 33 Legislation Bill 2012
(4) However, if the laying requirement is not complied with, the responsible
authority for the document must —
(a)
(b)
give the President of Tynwald a written explanation for the noncompliance;
and
cause the document to be laid before Tynwald as soon as
practicable.
DIVISION 3 — MISCELLANEOUS
33 Presumption of validity
1976/20/4 & 11(2)
(1) It is presumed, unless the contrary is proved, that all conditions and
steps required for making a public document have been satisfied and
carried out and consequently a public document must be judicially
noticed as such.
(2) However, subsection (1) does not affect —
(a)
(b)
for a statutory document subject to the affirmative Tynwald
procedure, section 30(4); or
any requirement under the authorising legislation for the
statutory document that it must not be made or is of no effect
unless a particular step has been taken.
PART 4 – ALL MANX LEGISLATION
DIVISION 1 – NUMBERING, CITATION AND DISTRIBUTION
34 Numbering of Acts
(1) The Clerk of Tynwald must number each Act within 7 days of its
announcement day.
(2) The numbering must—
(a)
(b)
(c)
be consecutive according to the calendar year in which Acts
commence;
have the prefix “AT” (being an abbreviation for “Act of
Tynwald”), starting with “AT1” for each calendar year; and
use a numbering system consisting of 2 digits.
(3) If more than one Act has the same announcement day —
(a)
(b)
the numbering is to be in the order of when the Bill for each Act
was last considered by the Council or the Keys; and
the Act that was so considered earlier is to receive the earlier
number.
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Legislation Bill 2012 Section 35
(4) All Acts that commenced before the commencement of this section are
taken to have been numbered by year under subsections (2) and (3).
(5) In an Act or a document, a reference to a numbered chapter for an Act is
taken to be a reference to its numbering by year under subsection (3).
35 Numbering of statutory documents
(1) The Clerk of Tynwald must give each statutory document a number.
(2) The numbering must —
(a)
(b)
(c)
be consecutive according to the calendar year in which statutory
documents are made; and
have the prefix “SD”, starting with “SD1” for each calendar year;
and
use a numbering system consisting of 4 digits.
(3) As soon as a statutory document is made, the responsible authority must
give the Clerk of Tynwald a final draft of the document to allow the
Clerk to comply with subsection (1).
Note: The giving of documents under this section or section 37 may be done electronically. See
section 4 of the Electronic Transactions Act 2000.
(4) In this section, “final draft”, of the document, means a copy of the
document as made save for handwriting relating to the making of the
document.
36 Citation of Manx legislation
(1) An Act passed after the commencement of this Act may be cited by its
short title or by reference to its year and number.
(2) If the short title or citation of an Act is amended, a reference in Manx
legislation or a non-legislative public document to the short title or year
and number is a reference to the Act as so amended.
(3) A statutory document may be cited by the title provided for in the
document or by reference to its year and number.
(4) If the title or citation of a statutory document is amended, a reference in
Manx legislation or a non-legislative public document to its title or year
and number is a reference to it as so amended.
(5) In this section—
“number”, for Manx legislation, means its number under this Division; and
“short title”, of an Act, includes its short title under the repealed Short Titles Act
1977.
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Section 37 Legislation Bill 2012
37 Filing official print and distributing copies
1937/XIV p 476/2
(1) The Clerk of Tynwald must, as soon as practicable after an Act is
promulgated —
(a)
(b)
file the original of the Act in the General Registry; and
give the Tynwald Library and the Attorney General a certified
copy of it.
(2) The responsible authority must, as soon as practicable after a statutory
document is numbered under section 35 —
(a)
(b)
file the original of the statutory document in the General Registry;
and
give the Tynwald Library and the Attorney General a certified
copy of it.
(3) No fee is payable for the filing.
(4) The Chief Registrar must ensure an original mentioned in this section is
kept in the General Registry.
(5) In this section—
“certified copy”, of an original, includes a digital document that —
(a)
(b)
(c)
includes all digital writing from which the original was produced;
records all other writing on the original; and
bears, or is accompanied by, a digital statement made, or
purporting to be made, by the following and that states the copy
is a true copy of the document of which it purports to be a copy —
(i)
(ii)
for an Act, the Clerk of Tynwald; or
for a statutory document, the responsible authority for the
document; and
“General Registry” includes a secure archive kept for the purposes of the
General Registry.
[Note: Concern noted by Jane Turley that original Acts currently go directly to
a secure archive and do not enter the General Registry system. The Chief
Registrar has agreed to this change.]
38 Electronic gazettal and arrangements for publication and sale
(1) The Attorney General must —
(a)
(b)
make arrangements the Attorney General considers appropriate
for the publication and sale of Manx legislation; and
cause Manx legislation to be published in an electronic gazette on
a website approved by the Attorney General for that purpose (the
“electronic gazette”).
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Legislation Bill 2012 Section 39
(2) However, the Attorney General must consult with the Clerk of Tynwald
before making or changing the arrangements.
(3) The Attorney General must comply with subsection (1) for each item of
Manx legislation as soon as practicable after receiving a certified copy of
it under section 37.
(4) The publication in the electronic gazette must be —
(a)
a notice stating Royal Assent to the Act has been announced to
Tynwald or the statutory document has been made, as the case
may be; and
(b) either of the following about the Manx legislation —
(i)
(ii)
(5) To avoid any doubt —
(a)
(b)
information in the notice about how copies of it may be
obtained; or
all of its text, with or without any other material the
Attorney General considers appropriate.
the publication of an Act in the electronic gazette is in addition to
the requirements under Part 2, Division 1 for its promulgation;
and
this section applies to all amending Acts and amending
provisions despite the fact that they will later expire under section
50.
(6) This section does not limit what else may be published in the electronic
gazette.
Note: See also section 89 (existing Manx legislation: publication by a government authority).
39 Defence if Manx legislation not published
(1) This section applies to a proceeding for an offence consisting of a
contravention of any Manx legislation.
(2) It is a defence to the proceeding for the defendant to prove the legislation
had not been published under section 38 on or before the day the alleged
contravention happened.
Note: See however section 90 (non-publication defence only applies to newly-created
offences).
(3) To avoid any doubt, it is not a defence for the defendant to prove the
Manx legislation had been published only electronically when the
contravention happened.
(4) However, the defence is not available if the person prosecuting proves
reasonable steps were taken before the day by or for the responsible
authority for the document to bring its purport to the notice of —
(a) the public;
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Section 40 Legislation Bill 2012
(b) persons likely to be affected by it; or
(c) the defendant.
Examples of reasonable steps:
1. For paragraph (a), a newspaper publication circulating throughout the Island.
2. For paragraph (b) or (c), giving all the persons or the defendant notice under Part 4,
Division 5 (service of documents) of the Interpretation Act 2012.
(5) A certificate signed by the Attorney General stating the legislation was
published under section 38 on a stated day is evidence of that fact.
(6) This section does not affect a provision of this or other Manx legislation
about the making, commencement or validity of Manx legislation.
DIVISION 2 — AMENDMENTS: GENERAL
40 Principal and amending legislation to be read as one
1976/20/18
Manx legislation and other Manx legislation amending it are to be read as one.
41 Placing insertion if not specified exactly
(1) This section applies if an amending provision —
(a)
(b)
amends Manx legislation by inserting a provision (the “new
provision”); but
does not specify exactly where the new provision is to be inserted.
(2) The new provision is to be inserted in the Manx legislation as follows —
(a)
(b)
(c)
(d)
for a Chapter, Part, Division, Subdivision, section, subsection,
paragraph or sub-subparagraph, in the appropriate numerical,
alphanumerical or alphabetical position;
Example: A section numbered “6AA” is to be inserted into Manx legislation
with an existing sequence of sections “section 6, section 6A, section 6B”.
Section 6AA must be inserted between sections 6A and 6B.
for a definition, in the appropriate alphabetical position in the
series of definitions in which it is inserted;
for an example, note or penalty, at the end of the provision into
which it is inserted; or
in the appropriate position in other cases.
(3) In working out the appropriate position, regard may be had to —
(a)
(b)
(c)
the new provision’s number or letter;
the heading of the amending provision;
other amendments in the relevant amending Manx legislation,
including the order of amendments;
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Legislation Bill 2012 Section 42
(d)
(e)
(4) For this section —
(a)
(b)
anything else in the amending provision or amended provision;
or
current drafting practice.
a reference to a type of provision includes a provision of a
statutory document called something else that would, if the
amending provision was in an Act, be called a provision of that
type; and
in Manx legislation divided otherwise than into sections, a
reference to a section or subsection is a reference to a provision
corresponding to —
(i)
(ii)
for an Act, a section; or
for a statutory document, a provision that would, if the
amending provision was in an Act, be called a section.
(5) In this section, “insert” includes relocate.
42 Amendment must be made wherever possible
(1) If an amending provision amends Manx legislation by doing any of the
following, the amendment is taken to have been made wherever it is
possible to make it in the provision —
(a)
(b)
(c)
omitting a word;
substituting a word for another word; or
inserting a word before or after a particular word.
(2) For subsection (1)(b), it does not matter whether the omitted or
substituted word is in upper or lower case or what font or type it is in.
Example: The X Act substitutes the word “cat” for “dog” in section 20 of the Y Act,
without referring to any particular provision of that section. In that section, “dog”
occurs once in the heading (starting in upper case), 3 times in subsection (1) and twice
in a note (in a different font). The amendment substitutes “cat” for “dog” in each of
those occurrences.
43 Automatic consequential amendments
(1) If Manx legislation substitutes a reference to a person or body for another
person or body, a pronoun referring to the substituted person or body is,
if appropriate, taken to be amended to accord with the substitution.
(2) If Manx legislation is amended, it is taken to include all necessary
consequential amendments, whether of punctuation, numbering or
another kind.
Examples:
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Section 44 Legislation Bill 2012
1. If the following provision were to be amended by omitting paragraph (c), the
bracketed full stop replaces the bolded semicolon and the word “and” at the end
of paragraph (b) is omitted—
“5. A notice is to —
(a) be signed by the chairperson; and
(b) state the period within which it is to be complied with; [.] and
(c) state where it is to be complied with.”.
2. If a section not divided into subsections is amended by inserting a subsection at
the end, the existing provision is numbered as subsection (1).
3. If a section divided into subsections is amended by inserting another subsection
given a new number (for example, a subsection (1A) to be inserted after
subsection (1)), subsection (2) does not require the renumbering of subsections
after the inserted subsection.
4. If a provision heading is amended, a reference to the provision mentioning the
provision heading is amended to mention the amended provision heading.
(3) An amendment under this section commences when the relevant
substitution or amendment mentioned in subsection (1) or (2)
commences.
44 Relocations: meaning unaffected
(1) This section applies if a provision of Manx legislation is relocated (with
or without change) to a different place in the same legislation or to
different legislation.
(2) The operation or meaning of the provision is not affected only because of
the provision’s relocation.
(3) Without limiting subsection (2), if before its relocation the provision was
to be interpreted in a particular way, it is to be interpreted in that way in
its new location.
DIVISION 3 — REPEALS AND AMENDMENTS
SUBDIVISION 1 — GENERAL
45 Time repeal takes effect
1976/20/13
(1) This section applies if Manx legislation is repealed on a certain day (the
“repeal day”).
(2) The repeal takes effect at the following time on the repeal day—
(a)
(b)
when it starts if the legislation is remade on the repeal day (with
or without change); or
at midnight in other cases.
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Legislation Bill 2012 Section 46
(3) In this section, “repealed”, on a certain day, includes —
(a)
(b)
expired on that day; and
remaining or continuing in operation, or otherwise having effect,
only until that day.
46 Expiry provisions take effect as a repeal
1976/20/14
If Manx legislation (the “expiring legislation”) provides that it or other Manx
legislation (the “expired legislation”) is to expire, the expired legislation is
repealed to the extent of the expiry provided for under the expiring legislation.
SUBDIVISION 2 — AUTOMATIC REPEAL OF SPENT AMENDMENTS
47 “Amending legislation”
“Amending legislation” is Manx legislation the text of which consists only of
all or any provisions of the following types —
(a)
(b)
(c)
(d)
(e)
(f)
(g)
a preamble or recital (however described);
a provision about its citation, or the citation of any Manx
legislation it amends;
a provision about its commencement;
a provision about its purposes or of any of its provisions;
a provision amending or repealing Manx legislation (including a
provision identifying the amended or repealed legislation);
a provision about the renumbering of Manx legislation; or
a savings provision, transitional provision or validating provision.
Example: The Manx Museum and National Trust (Amendment) Act 1986 commenced and was
promulgated in 1986. Apart from amending provisions, it consists only of its citation provision
and a transitional provision (section 1(4)). Therefore, it is amending legislation.
Note: A long title (and certain other material) is not included in the text of, and is
therefore is not part of, Manx legislation. See Part 3 of the Interpretation Act.
48 “Amending provision”
(1) An “amending provision” is a provision of Manx legislation the text of
which only amends or repeals Manx legislation, including, for
example —
(a)
(b)
a provision (for example, a Schedule) that only identifies the
legislation amended or repealed; or
another provision (for example, a part heading) that only
identifies (or groups) provisions amended or repealed.
Example for paragraph (b): Part 8 (consequential amendments) only amends.
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Section 49 Legislation Bill 2012
(2) To remove any doubt, a provision of amending legislation inserting a
savings provision, transitional provision or validating provision into a
principal legislation is an amending provision only of the amending
legislation.
(3) In this section, “principal legislation” means Manx legislation that is not
amending legislation.
49 Repeal of existing spent amendments
(1) This section applies to amending legislation or an amending provision
only if the legislation or provision commenced before this section
commences.
(2) The amending legislation is automatically repealed on the day after the
latest of the following to happen —
(a)
(b)
the commencement of this section;
if it is an Act, its promulgation; or
(c) either of the following —
(i)
(ii)
the commencement of all of its provisions; or
when the last of its provisions that have not commenced
are omitted or no longer can commence.
Example: The Manx Museum and National Trust (Amendment) Act 1986, mentioned
in the example to section47, will be repealed under this section on the day after this
section commences.
Note: For repealed transitional provisions, see also section 54 (saving, transitional or
validating provision continues in effect).
(3) An amending provision is automatically repealed on the day after the
latest of the following to happen —
(a)
(b)
(c)
the commencement of this section;
if it is in the text of an Act, the promulgation of the Act; or
the commencement of all of, or of the last of, the amendments and
repeals made under it or to which it relates.
50 Automatic expiry of future amendments
(1) This section applies to amending legislation or an amending provision
only if the legislation or provision commences on or after this section
commences.
(2) The amending legislation automatically expires on the day after the later
of the following to happen —
(a)
if it is an Act, its promulgation; or
(b) either of the following —
(i)
the commencement of all of its provisions; or
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Legislation Bill 2012 Section 51
(ii)
when the last of its provisions that have not commenced
are omitted or no longer can commence.
Example for subparagraph (ii): The ABC Act 2015 includes a provision
amending the XYZ Act 2000. Before the provision commences, the XYZ Act
2000 is repealed. The provision can, therefore, no longer commence.
(3) The amending provision automatically expires on the day after the later
of the following to happen —
(a)
(b)
Examples:
if it is in the text of an Act, the promulgation of the Act; or
the commencement of all of, or of the last of, the amendments and
repeals made under it or to which it relates.
1. Other than provisions about its citation and commencement, the only provisions of the
Hypothetical Act 2015 are amending ones. The citation and commencement provisions
commenced under section 18 (automatic commencement of citation and commencement
provisions). The amending provisions commenced on a date fixed under an order, 12
April 2016. The Act automatically expires under this section on the day after all of its
provisions have commenced, namely 13 April 2016.
2. The Example Act 2015 contains provisions for a new licensing scheme. It also amends
several Acts and repeals others. Because it contains the scheme provisions, it is not
amending legislation. Therefore, the Act does not automatically expire.
SUBDIVISION 3 — OPERATION OF REPEALS AND AMENDMENTS
51 Automatic repeals
(1) A repeal under Subdivision 2 has effect for all purposes, including, for
example, the other provisions of this Part about repeals.
(2) This section does not limit another provision of this Part.
52 No revival if repeal or amendment repealed
1976/20/15(2)(a) & (b)
(1) A repeal or amendment of Manx legislation operates once and for all.
(2) In particular, repealed Manx legislation is not revived if the provision
that repealed it is itself repealed.
(3) The repeal of amending legislation or an amending provision does not —
(a)
(b)
(c)
revive the Manx legislation it amended as it operated before the
amendments commenced;
revive anything not in force or existing when the repeal or
amendment took effect; or
affect the continuing operation of the amendments.
(4) Subsections (1) and (2) also apply for any repeal or amendment of the
common law under repealing or amending provision.
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Section 53 Legislation Bill 2012
(5) This section does not limit another provision of this Part and is in
addition to any provision of the repealing or amending legislation.
(6) In this section, “common law” includes a procedure or rule of at common
law or in equity.
53 Saving of operation of amended and repealed Manx legislation
1976/20/5(2)(c)-(e), (3)-(5)
(1) This section applies if Manx legislation is amended or repealed.
(2) The repeal or amendment does not affect any of the following —
(a)
(b)
(c)
(d)
(e)
the previous operation of the legislation or anything done, begun
or suffered under it;
an existing status or capacity acquired under the legislation before
the amendment or repeal;
an existing immunity, liability, privilege, obligation, right or title
acquired, accrued or incurred under the legislation (an “existing
accrued matter”);
a penalty incurred for an offence against the legislation (also an
“existing accrued matter”); or
a procedure carried out or being carried out relating to an existing
accrued matter.
(3) The following may take place for an existing accrued matter as if the
repeal or amendment had not happened —
(a)
(b)
(c)
carrying out a procedure relating to it;
enforcing it; or
imposing a penalty.
(4) Without limiting subsections (1) and (2), the repeal or amendment does
not affect —
(a)
(b)
the proof of anything that has happened; or
any right, privilege or liability saved by the legislation.
(5) To remove any doubt, the following apply —
(a)
this section is in addition to any provision of the legislation under
which the repeal or amendment was made;
(b) this section does not limit the operation of —
(c)
(i)
(ii)
another provision of this Part; or
any express saving provision in the legislation relating to
the amendment or repeal;
if the legislation is repealed, this section does not continue the
operation of any public document made under it; and
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Legislation Bill 2012 Section 54
(d)
(6) In this section —
paragraph (c) does not affect any continued operation given to the
public document under a savings or transitional provision.
“carrying out” a procedure includes starting, exercising, continuing or
completing it;
“liability” includes liability to a penalty for an offence against the legislation;
“penalty” includes punishment and forfeiture;
“privilege” includes immunity;
“procedure” means an investigation, proceeding or other action for a remedy;
and
“right” includes capacity, interest, status and title.
54 Saving, transitional or validating provision continues in effect
(1) The continuing operation of a savings provision, transitional provision or
validating provision is not affected only because it is repealed.
(2) However, subsection (1) does not apply if the provision is a savings
provision, transitional provision or validating provision only because of
changes the provision made to other Manx legislation.
(3) This section does not limit another provision of this Part and is in
addition to any provision of the Manx legislation under which the repeal
is made.
DIVISION 4 — DEFAULT SAVINGS AND TRANSITIONAL PROVISIONS
1976/20/16
55 Application of this Division
(1) This Division applies if Manx legislation or a provision of Manx
legislation (the “old legislation”) has been repealed and re-enacted (with
or without change) (the “new legislation”), including, for example,
under a consolidation.
(2) However, this Division —
(a) applies only to the extent —
(i)
(ii)
it is consistent with the new legislation; and
something provided for under this Division can be done
consistently with, or adapted to, the new legislation; and
(b) is subject to section 53.
56 Interpretation for this Division
(1) In this Division —
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Section 57 Legislation Bill 2012
“corresponding provision”, of the old legislation and the new legislation to
each other, means all or any provisions of the other that is the same as,
substantially the same as or expresses the same idea as the other, even
though a different form of words is used;
“done” includes issued, given or made; and
“thing” includes an authorisation, consent, decision, direction, matter, public
document, request or transaction.
(2) In this Division, a reference to enforcing something includes starting or
continuing a proceeding, or pursuing another remedy, for that thing.
57 Existing appointments continue
The appointment of a person under the old legislation continues for the
corresponding provisions of the new legislation for the rest of the period for
which the person was appointed, as if the person had been appointed under the
new legislation.
58 Existing securities and things
(1) A bond, guarantee or other security of a continuing nature under the old
legislation remains in operation for the corresponding provisions of the
new legislation.
(2) Information, documents and other things done or used under the old
legislation may continue to be used under corresponding provisions of
the new legislation.
59 Existing proceedings
A proceeding started under the old legislation may be continued under the
corresponding provisions of the new legislation.
60 Existing penalties and accrued and accruing rights
(1) The procedure under the new legislation applies for enforcing a penalty
incurred, or a right acquired, under the old legislation.
(2) If —
(a)
(b)
(c)
corresponding provisions of the old legislation and the new
legislation both have a penalty;
the corresponding penalty under the new legislation mitigates or
reduces the penalty; and
a penalty for something that happened before the old legislation’s
repeal is to be imposed or adjudged after the repeal,
the penalty must be mitigated or reduced to reflect the corresponding
penalty.
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Legislation Bill 2012 Section 61
(3) In this section, “penalty” includes forfeiture and punishment.
61 Things done under the old legislation
A thing done under the old legislation —
(a)
(b)
has the same effect under the corresponding provisions of the
new legislation as it had under the old legislation; and
may be enforced as if it had been done under the corresponding
provision.
62 Transition of references in other legislation
(1) A general reference in other legislation to the old legislation is a reference
is to the new legislation generally.
(2) A reference in other legislation to a discontinued body is a reference to
its successor.
(3) If, on the repeal, a body is not discontinued but its name is changed, a
reference in other legislation to its name before the repeal is a reference
to its name after the repeal.
(4) In this section —
“discontinued”, for a body, means that it was created or continued under the
old legislation and that, on the repeal, it ceased to exist or underwent a
change in legal personality;
“other legislation” means Manx legislation other than the new legislation;
“repeal” means the repeal of the old legislation; and
“successor”, for a discontinued body, means the body that, under the new
legislation, performs the same, or substantially the same, functions that
the discontinued body performed before the repeal.
[Notes:
1. An addition to the effect of (2) agreed to at the Drafters’ meeting on 24/4/12.
2. (3) is not strictly necessary. However, it is recommended because people
will always ask or maybe mistakenly form the view that this impliedly means
that name changes (not affecting legal personality) cannot be “updated” when
interpreting other legislation.]
63 Transition of specific references for things happening after repeal
(1) This section applies for a thing happening after the repeal of the old
legislation if Manx legislation other than the new legislation refers to a
particular provision of the old legislation (the “old provision”).
(2) The reference is to any corresponding provisions of the new legislation
relating to the same or similar subject matter as the old legislation.
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Section 64 Legislation Bill 2012
(3) If there is no corresponding provision, the reference is to the old
legislation, but only so far as is necessary to give effect to the old
legislation.
DIVISION 5 — MISCELLANEOUS
64 Amendment of statutory document by Manx enactment
If an Act amends a statutory document, the document may be amended or
repealed as if the amendment had been made under another statutory
document of that type.
PART 5 – REPRINTS
DIVISION 1 —GENERAL
65 Attorney General’s reprint power
1981/1/1
(1) The Attorney General may, under this Part, authorise and publish a
version of any Manx legislation showing all of its text.
(2) Subsection (1) applies whether or not the Manx legislation —
(a) was enacted, made, announced, printed, published or
promulgated before or after the commencement of this section; or
(b)
has been amended.
(3) The Attorney General may also authorise and publish a notice (a
“correction notice”) correcting an error made in a publication under
subsection (1).
(4) A publication under subsection (1) and any relevant correction notice for
it from time to time is a “reprint” of the Manx legislation.
(5) The Manx legislation the subject of a reprint is the “reprinted
legislation” for the reprint.
66 Delegation of powers
The Attorney General may delegate the Attorney General’s powers under this
Part to the chief legislative drafter in the Attorney General’s Chambers or any
other appropriately qualified person in those Chambers.
67 Printed official reprint
(1) The Attorney General must publish a printed official reprint of each
reprint.
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Legislation Bill 2012 Section 68
(2) A printed document identifiable as an original of the official reprint must
be treated as an official reprint, unless the contrary is proved.
68 Electronic reprints
(1) The Attorney General may publish reprints electronically, including, for
example, by publication on an approved website.
(2) The Attorney General may decide to make an electronic reprint an
official reprint by declaring, before the text of the reprinted legislation
starts, that the reprint is an official reprint (an “electronic official
reprint”).
(3) The Attorney General must ensure an electronic official reprint is in an
approved format and can only be accessed at, or downloaded from, an
approved website.
(4) Any correction notice for an electronic official reprint must be
electronically accessible together with the reprint.
(5) An electronic official reprint so accessed or downloaded must be treated
as an official reprint, unless the contrary is proved.
(6) In this section, “approved” means approved by the Attorney General.
69 Status of official reprint and certain printouts of official reprints
(1) This section applies for Manx legislation reprinted as an official reprint.
(2) This section also applies to a document purporting to be a printout of
any of the following under section 68 from an approved website —
(a)
(b)
all of an electronic official reprint; or
a particular provision of reprinted legislation from an electronic
official reprint, together with the declaration under section 68(2)
and the notes required under section 75 (authorisation and reprint
date notes) for the reprint.
(3) In the absence of evidence to the contrary, the reprint or printout is —
(a)
(b)
taken to correctly state all of the text of the legislation or provision
and to include all amendments of it that commenced on or before
the reprint date; and
evidence that any changes made to the legislation or provision in
the reprint were made under this Part.
(4) A court or person acting judicially must take judicial notice of the reprint
or printout.
(5) This section does not apply for a repositioning or inclusion of a section
heading under section 0.
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Section 70 Legislation Bill 2012
70 Reprint costs
1981/1/2
The Attorney General’s costs in performing functions under this Part are to be
defrayed out of money provided by Tynwald.
DIVISION 2 — WHAT REPRINTS MUST AND MAY INCLUDE
SUBDIVISION 1 — AMENDMENTS
71 Commenced amendments
(1) A reprint must show all of the reprinted legislation as in operation on a
stated day (the reprint’s “reprint date”) including all amendments to it
that commenced on or before the reprint date.
(2) Subsection (1) does not prevent a reprint showing any uncommenced
amendments to the reprinted legislation, so long as —
(a)
(b)
they are shown in a way that differentiates them from the
legislation’s text; and
Examples: Highlighting or italicising the uncommenced amendments.
a note is included in a suitable place stating the amendments have
not commenced and that the note is not included in the
legislation’s text.
SUBDIVISION 2 — REPRINT CHANGES
72 Permitted changes and corrections
A reprint may include a change or correction to the text of reprinted legislation
as provided for under Schedule 1 (each a “reprint change”).
73 Restrictions on making reprint changes
A reprint change —
(a)
(b)
may be made only if the Attorney General has approved it after
consultation with the Clerk of Tynwald ; and
must not be made if, were it to be enacted, it would change the
effect of the text or would renumber or relocate a provision.
74 Effect of reprint change
(1) If a reprint change is made for a reprint, the reprint has effect as if the
change had been expressly made under an amending provision that
commenced immediately before the reprint date.
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Legislation Bill 2012 Section 75
(2) However, subsection (1) does not apply for a repositioning or inclusion
of a section heading under paragraph 1 of Schedule 1.
SUBDIVISION 3 — REPRINT NOTES
75 Authorisation and reprint date notes
(1) Each official reprint must, before the text of the reprinted legislation
starts, include notes stating —
(a)
(b)
that the Attorney General has authorised the reprint as an official
reprint; and
its reprint date.
(2) The notes are evidence of the matters they state unless the contrary is
proved.
Note: The text of Manx legislation does not include a note under this Part. See section
21(1)(e) (excluded material) of the Interpretation Act.
76 Endnotes
(1) A reprint must include endnotes stating —
(a)
the amending provision under which any amendment of the
reprinted legislation was made;
(b) details of any corrections or changes made under Subdivision 2;
and
(c)
anything else the Attorney General considers is necessary or
desirable to help users of the reprinted legislation.
(2) Endnotes must be included after the end of the text of the reprinted
legislation.
(3) Endnotes are evidence of the matters they state unless the contrary is
proved.
77 Notes to aid users
(1) A reprint may include other notes the Attorney General considers
necessary or desirable to help users of the reprinted legislation.
Example: Notes about savings, transitional or validating provisions continued in effect
under section 54 after the expiry of the relevant amending Act or provision.
(2) The notes —
(a)
(b)
must be shown in a way that differentiates them from the text of
the reprinted legislation;
Example: By parenthesising the notes in square brackets.
do not have any legal effect; and
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Section 78 Legislation Bill 2012
(c)
are not evidence of any matter they state.
PART 6 – CONSOLIDATIONS OF ACTS
DIVISION 1 — LEGISLATION CONSOLIDATION BOARD
78 Establishment
The Legislation Consolidation Board (the “Board”) is established.
79 Functions
(1) The Board’s functions are to —
(a)
(b)
draft, as it considers appropriate for the main purposes of this
Act, Bills (each a “consolidation”), that if enacted, will —
(i)
(ii)
(iii)
combine 2 or more Acts into one;
split an Act into 2 or more Acts; or
relocate (with or without change) provisions of one Act to
a different place in the Act or to a different Act; and
arrange for consolidations to be introduced to Tynwald for its
consideration.
(2) The Board must act unanimously in performing its functions.
(3) Any Act the subject of a consolidation is the “existing legislation” for
the consolidation.
80 Who comprises the Board
The Board is comprised of the following persons as its members —
(a) the President of Tynwald, as its chairperson;
[Note: the President is yet to agree to this, but has been asked.]
(b) the Speaker;
[Note: the Speaker is yet to agree to this, but has been asked.]
(c) a representative appointed by the Chief Secretary;
(d) the Attorney General; and
(e) the chief legislative drafter in the Attorney General’s Chambers.
DIVISION 2 — DRAFTING POWERS
81 Powers
Subject to section 82, in drafting a consolidation the Board may —
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Legislation Bill 2012 Section 81
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
update references to UK legislation to reflect remade or replaced
UK legislation or changed names or titles;
make changes or corrections that, under Part 5, may be made in a
reprint;
change a section heading repositioned or inserted in a reprint
under paragraph 1 of Schedule 1 so it will be in the consolidated
legislation’s text;
make changes to omit or shorten provisions in reliance on this Act
or the Interpretation Act;
replace older forms of legislative expression with forms that
reflect current drafting practice, ensure consistency of expression
or to shorten or simplify a phrase or sentence;
rearrange or update legislative structure to make it consistent
with current drafting practice;
make numbering or renumbering provisions;
omit all or any of the following—
(i)
(ii)
(iii)
(iv)
provisions it considers are spent or no longer have any
effect;
preambles;
words of enactment; or
words it considers are obsolete or redundant;
change words (including the name or title of an office or officer
already established) to make them gender neutral;
change spelling, punctuation or layout to make it consistent with
current drafting practice;
correct conjunctions or disjunctives at the end of provisions or
change them to make them consistent with current drafting
practice;
change expressions of date, amounts of money, number, time or
units of measurement or other matter or idea, (the “item”) so that
the item is expressed consistently with current drafting practice;
(m) include consequential, supplementary, incidental, saving,
transitional or validating provisions it considers appropriate
because of —
(n)
(i)
(ii)
combining, splitting or relocating provisions of the existing
legislation; or
the enactment of the consolidation; or
anything else that appears necessary or desirable to the Board to
improve the drafting of the existing legislation or make it
consistent with current drafting practice.
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Section 82 Legislation Bill 2012
82 Consolidation must not change existing legislation’s effect
(1) A consolidation must not change the existing legislation’s effect.
(2) However, subsection (1) does not apply for minor amendments the
Board considers are necessary or desirable to —
(a)
(b)
clarify what was Tynwald’s intent in enacting the existing
legislation; or
reconcile inconsistencies between its provisions.
DIVISION 3 — ENACTMENT PROCEDURES
83 Board certification of draft
(1) After finishing a draft of a consolidation, the Board must certify in
writing to the Clerk of Tynwald that it has been drafted under this Part.
(2) A Bill purporting to be a consolidation must not be introduced into
Tynwald without the certification.
84 Abridged Tynwald procedure
(1) This section applies on the certification under section 83, of a
consolidation, despite any Act, law or procedure to the contrary.
(2) The consent of the Council of Ministers is required for the introduction of
the consolidation into Tynwald as a Bill.
(3) The consolidation —
(a)
(b)
need not pass through any stages of the Council or the Keys; and
is taken to have been passed by the Council and the Keys if it is
approved at a sitting of Tynwald Court.
(4) However, the consolidation must not be passed unless at least one sitting
of Tynwald has passed since its introduction into Tynwald.
(5) An amendment to the consolidation may be moved only —
(a)
(b)
with the leave of the President of Tynwald; or
if the Board has certified in writing that the amendment is
necessary to correct an error.
85 Board certification to Her Majesty if Bill passed
(1) If a consolidation is approved by Tynwald Court, the Board must certify
in writing to Her Majesty —
(a)
that the Bill as passed is a consolidation prepared under this Part;
and
(b) one of the following —
(i)
that the Bill does not change the existing legislation’s effect;
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Legislation Bill 2012 Section 86
(ii)
(iii)
that any changes to the effect are only minor amendments
of a type mentioned in section 81; or
that, because of amendments moved before Tynwald
Court, the effect was changed, but that the Bill does not
otherwise change the existing legislation’s effect.
(2) If subsection (1)(b)(ii) or (iii) applies, the certification must also identify
the amendments and all relevant provisions of the consolidation and the
existing legislation.
PART 7 – OTHER PROVISIONS
DIVISION 1 — GENERAL
86 Delegations by Council of Ministers
(1) The Council of Ministers may delegate to the Chief Minister its powers
under this Act to make public documents.
(2) The delegation may be —
(a)
(b)
general or limited; and
revoked, wholly or partly, by the Council of Ministers.
(3) A power so delegated may be exercised only under any conditions the
Council of Ministers imposes on the exercise of the power.
87 General regulation-making power
(1) The Council of Ministers may make regulations for the purposes of this
Act.
(2) Regulations may provide for consequential, incidental or supplemental
matters the Council of Ministers considers are necessary or convenient
for the purposes.
(3) The affirmative Tynwald procedure applies to the regulations.
88 Repeals of Acts
The following Acts are repealed —
(a) the Filing of Statutory Documents Act 1937;
(b) the Children and Young Persons Act 1969;
(c) the Promulgation Act 1988;
(d) the Short Titles Act 1977;
(e) the Reprints Act 1981; and
(f) the Improvement of Livestock (Amendment) Act 1994.
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Section 89 Legislation Bill 2012
[Notes:
1. For (b): The only provision of that Act that is not spent is s 51 (expenses),
which is saved under clause 94.
2. For (f): The only provision left in this Act is s 1 (abolition of restriction on
keeping unlicensed bulls, rams and boars). Because of cl 52 (no revival if
repeal or amendment repealed), this Act can now be repealed and no savings
provision is necessary.
It is proposed to include reprint notes about these provisions under clause
77.]
DIVISION 2 — SAVINGS AND TRANSITIONALS
89 Existing Manx legislation: publication by a government authority
(1) This section applies if Manx legislation passed before this section
commences requires (the “old requirement”) the publication of a notice
or other matter (the “matter”) in a newspaper circulating in the Island.
(2) The legislation has effect as if it provided instead —
(a)
(b)
for the publication of the matter in the electronic gazette; and
if appropriate, that other reasonable steps must be taken to bring
the purport of matter to the attention of the public or of persons
likely to be affected by it.
Example of when paragraph (b) need not be complied with: Everybody likely to
be affected by the matter has already been given notice of it under Part 4,
Division 5 (service of documents) of the Interpretation Act 2012.
Example of other reasonable steps: A newspaper publication for the number of
times required under the old requirement.
(3) In this section, for “government authority” see Part 2 of the Schedule to
the Interpretation Act.
90 Non-publication defence applies only to newly-created offences
Section 39 does not apply to a proceeding for an offence if the provision the
subject of the proceeding was enacted or made before this section commences.
91 Existing reprints
(1) A reprint produced under section 1(1) of the repealed Reprints Act 1981
(the “1981 Act”) is, on the commencement of this section, taken to be an
official reprint produced under this Act.
(2) This Act applies to the reprint as if it were an official reprint and with
other necessary changes.
(3) The reprint date for the reprint is the day that it was published under the
1981 Act.
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Legislation Bill 2012 Section 92
(4) A note included under section 1(2) of the 1981 Act is taken to be a note
under section 85 (notes to aid users).
92 References to repealed Act
A reference in Manx legislation or a non-legislative public document —
(a)
(b)
to an Act repealed under section 88 is taken to be a reference to
this Act; and
to a provision of a repealed Act (“the former provision”) is taken
to be a reference to the provision or provisions of this Act that
correspond, or substantially correspond, to the former provision.
93 Declaratory provision for previous amendments and repeals
To avoid any doubt, it is declared that it has never been the law of the Island
that the repeal of amending legislation or an amending provision —
(a)
(b)
(c)
revived the Manx legislation it amended as it operated before the
amendments commenced;
revived anything not in force or existing when the repeal or
amendment took effect; or
affected the continuing operation of the amendments.
94 Provision for repealed Children and Young Persons Act 1969
Despite the repeal of the Children and Young Persons Act 1969, former section
51 (expenses) of that Act continues in operation.
95 Transitional regulation-making power
(1) The Council of Ministers may by regulations provide for a matter
relating to the transition from all or any of the following to this Act about
which the Council of Ministers considers this Act does not make
provision or sufficient provision —
(a)
(b)
an Act repealed under section 88; or
a provision of the repealed Interpretation Act re-enacted under
this Act.
(2) The affirmative Tynwald procedure applies to the regulations.
PART 8 – CONSEQUENTIAL AND MINOR AMENDMENTS
Note: This Part will automatically expire after promulgation of this Act, depending on when this
Part commences. See section 50 (automatic expiry of future amendments).
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Section 96 Legislation Bill 2012
96 Amendments for filing official print and distributing copies
(1) Paragraph 10 to Schedule 3 to the Highways Act 1986, for the words after
subparagraph (c) substitute —
«and Part 4, Division 1 (numbering, citation and distribution) of
the Legislation Act 2012 applies to the certificate as if it were a
statutory document.».
(2) Section 5(6) of the Council of Ministers Act 1990, substitute —
«(6) Part 4, Division 1 (numbering, citation and distribution) of the
Legislation Act 2012 applies to an instrument under subsection (1)
as if it were a statutory document.».
(3) Section 42(5) of the Town and Country Planning Act 1999 for “section 2
of the Filing of Statutory Documents Act 1937”, substitute «Part 4,
Division 1 (numbering, citation and distribution) of the Legislation Act
2012».
97 Other amendments
(1) For section 1(1) of the Consular Relations Act 1979, substitute —
«(1) The Governor in Council may by order apply to the Island (with
or without modifications) —
(a)
(b)
(c)
the Consular Relations Act of Parliament;
any other Parliamentary enactment replacing that Act; or
any Order in Council under any of those Acts.».
[Note: This is a minor update to remove a spent reference to the former
Executive Council and to update terminology to this Bill and the
Interpretation Bill. There is no change in meaning.]
(2) In section 1(2) of the Control of Advertising Act 1981, “, or the
Advertisements Regulation Act 1925,” is deleted.
[Note: This is a minor update of a spent reference. The 1925 Act was repealed
by the Town and Country Planning Act 1999. The savings and transitional
provisions did not carry the 1925 Act over to anything else. The 1999 Act is
already covered by s 1(2).]
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Legislation Bill 2012 Section 97
SCHEDULE 1
(Section 72)
REPRINT CHANGES PERMITTED
1 Inclusion of section headings to pre-commencement legislation
(1) This paragraph applies if a section or other provision of Manx
legislation —
(a)
(b)
does not have a heading; but
the legislation, as enacted and originally printed, had a marginal
note relating to the provision that, under the repealed
Interpretation Act, was not included in the legislation’s text.
(2) A reprint of the legislation may —
(a)
(b)
reposition (with or without change) the note so that it appears in
the form of a heading to the provision; or
insert a different heading to the provision that the Attorney
General considers is more appropriate.
(3) To remove any doubt, the repositioning of a note or the insertion of a
heading does not mean that it is included in the text of the reprinted
legislation.
2 Format changes
A reprint may include format changes to make the text of the reprinted
legislation consistent with current drafting practice.
Examples:
1. Changing the setting out of provisions, tables, and Schedules.
2. Changing typeface and type size.
3. Adding or removing boldface, italics or similar textual attributes
4. Adding or removing quotation marks and rules.
5. Changing the case of a letter or word.
6. For an Act, repositioning its announcement day or promulgation day.
3 Correction of minor errors
A reprint may correct a minor error including —
(a) a typographical error;
(b) a grammatical error;
(c) an error of punctuation;
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Section 97 Legislation Bill 2012
(d)
(e)
an error in a cross-reference to a provision of Manx legislation or
UK legislation, including, for example, an incorrectly omitted
reference; or
a numbering error.
Examples of a specific minor error:
1. If the word “license” is used as a noun, it may be replaced with “licence”.
2 In the following provision, the bolded word may be omitted —
“The chairperson is to be the executive officer of the the Board.”.
3. In the following provision, the bracketed word may be inserted where shown—
“The chairperson is to be the executive officer of (the) Board.”.
4 Minor editorial changes
A reprint may make minor editorial changes.
Examples:
1. If there are 2 full stops at the end of a sentence, one of them may be omitted.
2. If an Act has a citation that includes a comma before or after a year in the
citation, the citation or a reference to the Act may be given omitting the comma.
3. If an Act has a citation starting with the word “The” —
(a)
(b)
if “The” is not part of a proper name, the citation may be given
omitting the word; and
if the context requires, the word “The” (with or without capitalisation,
as appropriate) may be inserted immediately before the citation.
5 Changes because of transfer of functions order
A reprint may make changes to reflect an order under Schedule 2 to the
Government Departments Act 1987 or section 5 of the Statutory Boards Act
1987.
6 Changes of reference under this Act
A reprint may make change of reference under Part 4, Division 4 (default
savings and transitional provisions) or section 92 (references to repealed Act).
7 Changes to correct order of definitions
(1) A definition provision containing non-alphabetical definitions may be
rearranged so they are alphabetical.
(2) A definition provision containing definitions in a particular order may be
rearranged in another order consistent with current drafting practice.
(3) In this paragraph —
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Legislation Bill 2012 Section 97
“alphabetical”, for definitions, means in alphabetical order, worked out on a
letter-by-letter basis; and
“definition provision” means a provision containing a number of definitions.
8 Metrication changes
(1) A reprint may change a reference in the reprinted legislation to an
imperial unit of measurement to a reference to its corresponding metric
unit of measurement.
(2) If the there is no exact corresponding metric equivalent to an imperial
unit of measurement, the change may round up or round down the
reference to its nearest metric equivalent.
(3) However, subparagraph 0 does not apply if the rounding up or rounding
down changes the effect of the reference.
(4) In this paragraph, “unit” of measurement, means a unit of measurement
of area, capacity, length, mass or weight as defined under Schedule 1 of
the Weights and Measures Act 1989.
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Legislation Bill 2012 SCHEDULE 2
SCHEDULE 2
(Section 7)
DEFINITIONS
“affirmative Tynwald procedure” see section 30(1).
“amending legislation” see section 47.
“amending provision” see section 48(1).
“announcement day”, for an Act, see section 9(2).
“Board” see section 78.
“consolidation”, for a provision about Manx legislation, see section 79(1)(a).
“correction notice”, for a reprint, see section 65(3).
“corresponding provision”, for Part 4, Division 4, see section 56(1).
“done”, for Part 4, Division 4, see section 56(1).
“electronic gazette” see section 38(1)(b).
“enacted” or “passed”, for an Act, see section 17.
“existing legislation”, for a consolidation, see section 79(3).
“Interpretation Act” see section 3(1)(a).
“laying”, a document before Tynwald, means taking the action under the
standing orders of Tynwald so as to lay the document before Tynwald.
“negative Tynwald procedure” see section 29(1).
“new legislation” for Part 4, Division 4, see section 55(1).
“official reprint”, for a provision about Manx legislation, means an official
reprint printed under section 67(1) or an electronic official reprint under
section 68(2).
“old legislation” for Part 4, Division 4, see section 55(1).
“promulgation”, for an Act, see section 11.
“promulgation day”, for an Act, see section 15(1).
“publication” includes publication in electronic form.
“repealed Interpretation Act” means the repealed Interpretation Act 1976.
“reprint” see section 65(4).
“reprint change” see section 72.
“reprint date”, for a provision about a reprint, see section 71(1).
“reprinted legislation” see section 65(5).
“thing”, for Part 4, Division 4, see section 56(1).
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