An Act of Parliament contains various component parts, each designed to assist the reader in understanding the scope and meaning of the law.
Key Internal Aids & Their Legal Value
- Title:
- Short Title: Used merely for identification (e.g., "The Companies Act, 2013"). It has zero interpretive value.
- Long Title: Describes the general purpose of the Act (e.g., "An Act to consolidate and amend the law relating to companies"). It can be used to resolve ambiguities in the main body.
- Preamble:
The Preamble is a key to open the minds of the makers. It outlines the main objectives of the Act. While it cannot override plain enacting words, it is highly useful when the enacting sections are ambiguous. - Definition / Interpretation Clauses (Section 2):
Provides the statutory meaning of terms.- "Means" (Restrictive): Limits the definition strictly to what is listed.
- "Includes" (Extensive): Expands the common meaning to include other classes.
- Marginal Notes & Headings:
Headings prefixed to sections can be referred to as internal context. Marginal notes (summaries on the side of sections) generally have low interpretive value, but can show the general drift of the section. - Provisos:
A proviso is added to a section to qualify or create an exception to the main enacting clause. It must be construed strictly in relation to the main section it qualifies. - Illustrations and Explanations:
Illustrations appended to sections show how the law applies in practice. They cannot restrict or extend the plain language of the section, but serve as excellent aids to capture the statutory target. Explanations are added to clarify meaning or remove doubt.