[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> INTERPRETATION ACT (NORTHERN IRELAND) 1954

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

INTERPRETATION ACT (NORTHERN IRELAND) 1954 - SECT 29

Effect of substituting provisions.

29.(1) Where an enactment repeals or revokes and re-enacts, with or without
modification, any transferred provision, a reference in any other
transferred provision or in any statutory instrument or statutory document to
the provision so repealed or revoked shall without prejudice to the operation
of sub-sections (2) and (3) be construed as a reference to the provision as
re-enacted.

(2) Where an enactment repeals or revokes a transferred provision and
substitutes another enactment therefor by way of amendment, revision or
consolidation

(a)all officers and persons acting under that provision shall continue to act,
as if appointed under the enactment so substituted;

(b)every bond and security given by a person appointed under that provision
shall remain in force and all offices, books, papers and things used or made
under that provision shall continue to be used as theretofore so far as
consistent with the enactment so substituted;

(c)all proceedings taken under that provision shall be prosecuted and
continued under and in conformity with the enactment so substituted, so far as
consistently may be;

(d)in the recovery or enforcement of penalties and forfeitures incurred, and
in the enforcement of rights existing or accruing under that provision or in
any other proceedings under that provision, the procedure established by the
enactment so substituted shall be followed so far as it can be adapted; and

(e)where any penalty, forfeiture or punishment is reduced or mitigated by any
of the provisions of the enactment so substituted, the penalty, forfeiture or
punishment, if imposed or adjudged after such repeal or revocation, shall be
reduced or mitigated accordingly.

(3) Without prejudice to sub-section (2), where an enactment repeals or
revokes a transferred provision and substitutes another enactment therefor by
way of amendment, revision or consolidation

(a)all statutory instruments or statutory documents made, issued, confirmed or
granted under that transferred provision and all decisions, authorisations,
directions, consents, applications, requests or things made, issued, given or
done thereunder shall, in so far as they are in force at the commencement of
the enactment so substituted, and are not inconsistent therewith, have the
like effect, and the like proceedings may be had thereon and in respect
thereof as if they had been made, issued, confirmed or granted or made,
issued, given or done under the corresponding provision of the enactment so
substituted; and

(b)any reference to that transferred provision in any unrepealed or unrevoked
transferred provision shall, in relation to any subsequent transaction, matter
or thing, be construed as a reference to so much of the enactment so
substituted as relates to the same subject-matter as that provision; and, if
nothing in the enactment so substituted relates to the same subject-matter,
that provision shall stand good, and be read and construed as unrepealed or
unrevoked in so far, and in so far only, as is necessary to support, maintain
or give effect to such unrepealed or unrevoked transferred provision.

© 1954 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/iai1954351/s29.html