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Interpretation Act (Northern Ireland) 1954

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11References in enactments.N.I.

(1)A reference in an enactment to any statutory provision shall be construed as a reference to that provision as for the time being amended by or under any other statutory provision, including the enactment in which the reference is made.

[F1[F2(1A)Except to the extent provided by subsection (1AA), subsection (1) does not apply to a reference in an enactment to retained direct EU legislation (but, for provision about references to EU legislation, see—

(a)paragraphs 1 to 2A of Schedule 8 to the European Union (Withdrawal) Act 2018,

(b)subsections (1B) to (1F), and

(c)section 11A).

(1AA)A reference in an enactment to a statutory provision which is subordinate legislation made under retained direct EU legislation is a reference to which subsection (1) applies; and “subordinate legislation” here means subordinate legislation within the meaning of the Interpretation Act 1978 (see section 21(1) of that Act).

(1B)Subsection (1C) applies to a reference in an enactment so far as the reference is to be read in accordance with paragraph 2A(3) of Schedule 8 to the European Union (Withdrawal) Act 2018 (certain references to certain EU laws to be read as referring to those laws as they form part of domestic law).]

(1C)[F3The reference is not only to be read in accordance with paragraph 2A(3) of Schedule 8 to that Act but shall also be construed as referring to the subject law (within the meaning given by paragraph 2A(3)(b) of that Schedule)] as for the time being amended by statutory provision coming into operation on or after [F4IP completion day].

(1D)Subsection (1E) applies where—

(a)an enactment passed or made on or after [F5IP completion day] refers to any EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement, and

(b)that EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement forms part of domestic law [F6(to any extent)] by virtue of section 3 of the European Union (Withdrawal) Act 2018.

(1E)[F7Subject to section 11A,] the reference shall be construed as a reference to the EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018 and as for the time being amended by statutory provision coming into operation on or after [F8IP completion day].

(1F)In subsections (1B) to (1E), “EU regulation”, “EU decision”, “EU tertiary legislation” and “domestic law” have the same meaning as in the European Union (Withdrawal) Act 2018 (see section 20(1) of that Act).]

(2)A reference in an enactment to any statute passed either before the date of the commencement of the Union with Ireland Act, 1800 [1800 c.67] , by the Irish Parliament or the Parliament of England or the Parliament of Great Britain or on or after that date by the Parliament of the United Kingdom, or to any instrument made under or by virtue of any such statute, shall, except as provided in sub-section (3), be construed as a reference to that statute or instrument as it applies for the time being in Northern Ireland.

(3)Sub-section (2) shall not apply where the reference—

(a)is to a statute or instrument which does not apply in Northern Ireland; or

(b)relates to any act or thing done in any other part of the United Kingdom under and for the purposes of a statute or instrument as it applies in that part of the United Kingdom.

(4)A reference in an enactment by number or letter to a Part, section, sub-section, paragraph, sub-paragraph or other division of another enactment or statutory provision shall be construed as a reference to such Part, section, sub-section, paragraph, sub-paragraph or other division of such other enactment or provision as printed by authority of law.

(5)A reference in an enactment by number or letter to two or more Parts, divisions, sections, sub-sections, paragraphs, sub-paragraphs, schedules, instruments or forms shall be read as including the number or letter first mentioned and the number or letter last mentioned.

(6)Where in an enactment reference is made to a Part, division, section, schedule or form without anything in the context to indicate that a reference to a Part, division, section, schedule or form of some other enactment or statutory provision is intended, the reference shall be construed as a reference to a Part, division, section, schedule or form of the enactment in which the reference is made.

(7)Where in a section of an enactment reference is made to a sub-section, paragraph, sub-paragraph or other division without anything in the context to indicate that a reference to a sub-section, paragraph, sub-paragraph or other division of some other section or provision is intended, the reference shall be construed as a reference to a sub-section, paragraph, sub-paragraph or other division of the section in which the reference is made.

(8)Where in a schedule or Part of a schedule to an enactment reference is made to a paragraph, sub-paragraph or other division without anything in the context to indicate that a reference to a paragraph, sub-paragraph or other division of some other provision is intended, the reference shall be construed as a reference to the paragraph, sub-paragraph or other division of the schedule or the Part of the schedule in which the reference is made.

(9)Where in an enactment reference is made to a statutory instrument or statutory document, without anything in the context to indicate that a reference to a statutory instrument or statutory document made under some other enactment or statutory provision is intended, the reference shall be construed as a reference to a statutory instrument or statutory document, as the case may be, made under the enactment in which the reference is made.

(10)A reference in an enactment to any power exercisable, statutory instrument or statutory document made, or issued or act or thing done under a statutory provision shall include a reference to a power exercisable, a statutory instrument or statutory document made, or issued or act or thing done by virtue of that provision or of any statutory instrument or statutory document made or issued under or by virtue of that provision.

(11)The expression “herein” when used in a section or other division of an enactment passed or made after the commencement of this Act shall relate to the whole enactment and not to that section or division only.

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