39Time.N.I.
(1)Words in an enactment relating to time and references therein to a point of time shall be construed as relating or referring to Greenwich mean time, subject, however, to any statutory provision which may for the time being provide that, during any specified period or periods, time in Northern Ireland is to differ from Greenwich mean time.
F1(2)Where in an enactment a period of time is expressed to begin on, or to be reckoned from, a particular day, that day shall not be included in the period.
(3)Where in an enactment a period of time is expressed to end on, or to be reckoned to, a particular day, that day shall be included in the period.
(4)Where the time limited by an enactment for the doing of anything expires or falls upon a Sunday or a public holiday, the time so limited shall extend to and the thing may be done on the first following day that is not a Sunday or a public holiday.
(5)Sub-sections (2), (3) and (4) shall apply whether or not the number of days concerned is expressed to be clear days.
(6)In an enactment—
(a)a reference to midnight, in relation to any particular day, shall be construed as a reference to the point of time at which that day ends;
(b)a reference to a week-day shall be construed as a reference to a day which is not a Sunday;
(c)a reference to a month shall be construed as a reference to a calendar month;
(d)a reference, without qualification, to a year shall be construed as a reference to a period of twelve months; and
(e)a reference to a financial year or to a local financial year shall be construed as a reference to a period of twelve months ending at midnight on the thirty-first day of March.
(7)In any enactment relating to any duty or tax F2... the expression “night” shall be deemed to begin at eleven of the clock in the evening of each day, and to end at five of the clock in the morning of the next succeeding day.
(8)In an enactment the expression “public holiday” shall include Christmas Day, Good Friday, any bank holiday appointed by or under any statutory provision and any day appointed for public thanksgiving or mourning.
F2SI 1999/663
Modifications etc. (not altering text)
C1S. 39(2) excluded (6.4.2006) by Occupational Pension Schemes (Payments to Employer) Regulations (Northern Ireland) 2006 (S.R. 2006/161), reg. 2(4)
S. 39(2) excluded (20.11.2006) by Housing Benefit Regulations (Northern Ireland) 2006 (S.R. 2006/405), reg. 2(6)
S. 39(2) excluded (20.11.2006) by Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (S.R. 2006/406), reg. 2(7)
C2S. 39(2) excluded (1.4.2008) by Social Security Benefits Up-rating Order (Northern Ireland) 2008 (S.R. 2008/92), arts. 1(1)(a), 2(3) (with art. 6)
C3S. 39(2) excluded by S.R. 2005/168, reg. 2(6) (as inserted (6.4.2008) by Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008/132), reg. 4(5))
C4S. 39(2) excluded by Foyle Fisheries Act (Northern Ireland) 1952 (c. 5), s. 82(6) (as inserted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 31 (with art. 32)); S.R. 2008/232, art. 2, Sch.
C5S. 39(2) modified (29.6. 2007) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 57(2)(b), 60
C6S. 39(2) modified (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 20(2), Sch. 4 Pt. 3
C7S. 39(2) modified (15.12.2008) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 117(2), 118(2)(g)
C8S. 39(2) excluded (1.4.2009) by Social Security Benefits Up-rating Order (Northern Ireland) 2009 (S.R. 2009/89), arts. 1(1)(a), 2(3)
C9S. 39(2) excluded (1.4.2010) by Social Security Benefits Up-rating Order (Northern Ireland) 2010 (S.R. 2010/118), arts. 1(1)(a), 2(3)
C10S. 39(2) excluded (1.4.2011) by Social Security Benefits Up-rating Order (Northern Ireland) 2011 (S.R. 2011/119), arts. 1(1)(a), 2(3)
C11S. 39(2) excluded (1.4.2012) by The Social Security Benefits Up-rating Order (Northern Ireland) 2012 (S.R. 2012/116), arts. 1(1)(a), 2(3)
C12S. 39(2) excluded (1.4.2013) by The Social Security Benefits Up-rating Order (Northern Ireland) 2013 (S.R. 2013/69), arts. 1(1)(a), 2(3)
C13S. 39(2) excluded (1.4.2014) by The Social Security Benefits Up-rating Order (Northern Ireland) 2014 (S.R. 2014/78), arts. 1(1)(a), 2(3)
C14S. 39(2) excluded (1.4.2015) by The Social Security Benefits Up-rating Order (Northern Ireland) 2015 (S.R. 2015/124), arts. 1(1)(a), 2(3)
C15S. 39(2) excluded (5.10.2015) by The Public Passenger Transport (Service Agreements and Service Permits) Regulations (Northern Ireland) 2015 (S.R. 2015/285), reg. 1, Sch. 2 para. 5
C16S. 39(2) excluded (5.10.2015) by The Public Passenger Transport (Service Agreements and Service Permits) Regulations (Northern Ireland) 2015 (S.R. 2015/285), reg. 1, Sch. 3 para. 26(2)
C17S. 39(2) excluded (1.1.2016 for specified purposes) by The Charities (Accounts and Reports) Regulations (NorthernIreland) 2015 (S.R. 2015/384), regs. 1(1), 2(5)
C18S. 39(2) excluded (28.2.2016) by The Working Time Regulations (Northern Ireland) 2016 (S.R. 2016/49), regs. 1, 2(1) (with reg. 22(1))
C19S. 39(2) excluded (6.4.2016) by The Occupational Pension Schemes (SchemesthatwereContracted-out) Regulations (NorthernIreland) 2016 (S.R. 2016/107), regs. 1(a), 2(6)
C20S. 39(2) excluded (6.4.2016) by The Social Security Benefits Up-rating Order (Northern Ireland) 2016 (S.R. 2016/92), arts. 1(a), 2(3)
C21S. 39(2) excluded (20.6.2016) by The Personal Independence Payment (Transitional Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/227), regs. 1, 2(4)
C22S. 39(2) excluded (20.6.2016) by The Social Security (Overpayments and Recovery) Regulations (Northern Ireland) 2016 (S.R. 2016/224), regs. 1(2)(a), 2(3)
C23S. 39(2) excluded (20.6.2016) by The Personal Independence Payment Regulations (NorthernIreland) 2016 (S.R. 2016/217), regs. 1, 2(3)
C24S. 39(2) excluded (1.4.2017) by The Social Security Benefits Up-rating Order (NorthernIreland)2017 (S.R. 2017/56), arts. 1(1)(a), 2(3)
C25S. 39(2) excluded (25.9.2017) by The Social Security Benefits Up-rating (No. 2) Order (Northern Ireland) 2017 (S.R. 2017/187), arts. 1, 2(3)
C26S. 39(2) excluded (coming into force in accordance with reg. 1 of the amending Rule) by The Universal Credit Housing Costs (Executive Determinations) Regulations (Northern Ireland) 2016 (S.R. 2016/222), regs. 1, 2(2)
C27S. 39(2) excluded (coming into force in accordance with reg. 1(3) of the amending Rule) by The Universal Credit, Personal Independence Payment, Jobseekers Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016 (S.R. 2016/220), regs. 1(3), 2(3)
C28S. 39(2) excluded (coming into force in accordance with reg.1 of the amending Rule) by The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/226), regs. 1, 2(2)(d)
C29S. 39(2) excluded (coming into force in accordance with reg. 1 of the amending Rule) by The Universal Credit Regulations (NorthernIreland) 2016 (S.R. 2016/216), regs. 1, 2(2)
C30S. 39(2) excluded (coming into force in accordance with reg. 1(1)(b) of the amending Rule) by The Universal Credit, Personal Independence Payment, Jobseekers Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016 (S.R. 2016/221), regs. 1(1)(b), 2(3)
C31S. 39(2) excluded (coming into force in accordance with reg. 1(1) of the amending Rule) by The Jobseekers Allowance Regulations (Northern Ireland) 2016 (S.R. 2016/218), regs. 1(1), 2(4)
C32S. 39(2) excluded (20.10.2017) by The Loans for Mortgage Interest Regulations (Northern Ireland) 2017 (S.R. 2017/176), regs. 1(2)(a), 2(4)
C33S. 39(2) excluded (24.3.2018) by The Social Security (2017 Benefits Up-rating) Order (NorthernIreland)2018 (S.R. 2018/56), arts. 1, 2(3)
C34S. 39(2) excluded (1.4.2018) by The Social Security Benefits Up-rating Order (Northern Ireland) 2018 (S.R. 2018/58), arts. 1(1)(a), 2(3)
C35S. 39(2) excluded (29.9.2018) by The Social Security Benefits Up-rating (No. 2) Order (NorthernIreland)2018 (S.R. 2018/167), arts. 1, 2(3)
C36S. 39(2) excluded (26.3.2019) by The Social Security (2018 Benefits Up-rating) Order (NorthernIreland)2019 (S.R. 2019/46), arts. 1, 2(3)
C37S. 39(2) excluded (1.4.2019) by The Social Security Benefits Up-rating Order (NorthernIreland)2019 (S.R. 2019/58), arts. 1(1)(a), 2(3)
C38S. 39(2) excluded (27.9.2019) by The Social Security Benefits Up-rating (No. 2) Order (Northern Ireland) 2019 (S.R. 2019/188), arts. 1, 2(3)
C39S. 39(2) excluded (1.4.2020) by The Social Security Benefits Up-rating Order (Northern Ireland) 2020 (S.R. 2020/40), arts. 1(1)(a), 2(3)
C40S. 39(2) excluded (1.4.2021) by The Social Security Benefits Up-rating Order (Northern Ireland) 2021 (S.R. 2021/82), arts. 1(1)(a), 2(3)
C41S. 39(2) applied (with modifications) (10.8.2021) by the Pension Schemes Act (Northern Ireland) 2021 (c. 6), ss. 43(2)(b), 44(1)(e)
C42S. 39(2) excluded (28.9.2022) by The Social Security Benefits Up-rating (No. 2) Order (Northern Ireland) 2022 (S.R. 2022/231), arts. 1, 2(3)
C43S. 39(2) excluded (27.3.2023) by The Social Security (2022 Benefits Up-rating) Order (Northern Ireland) 2023 (S.R. 2023/27), arts. 1, 2(3)
C44S. 39(2) excluded (26.9.2023) by The Social Security Benefits Up-rating (No. 3) Order (Northern Ireland) 2023 (S.R. 2023/150), arts. 1, 2(3)
C45S. 39(2) excluded (27.9.2023) by The Social Security Benefits Up-rating (No. 2) Order (Northern Ireland) 2023 (S.R. 2023/143), arts. 1, 2(3)
C46S. 39(2) excluded (22.3.2024) by The Social Security (2023 Benefits Up-rating) Order (Northern Ireland) 2024 (S.R. 2024/69), arts. 1, 2(3)
C47S. 39(2) excluded (1.4.2024) by The Social Security Benefits Up-rating Order (Northern Ireland) 2024 (S.R. 2024/73), arts. 1(1)(a), 2(3)
C48S. 39(3) excluded by Foyle Fisheries Act (Northern Ireland) 1952 (c. 5), s. 82(6) (as inserted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 31 (with art. 32)); S.R. 2008/232, art. 2, Sch.
C49S. 39(4) excluded by Foyle Fisheries Act (Northern Ireland) 1952 (c. 5), s. 82(6) (as inserted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 31 (with art. 32)); S.R. 2008/232, art. 2, Sch.
C50S. 39(8) excluded by Foyle Fisheries Act (Northern Ireland) 1952 (c. 5), s. 82(6) (as inserted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 31 (with art. 32)); S.R. 2008/232, art. 2, Sch.