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38 1937

INTERPRETATION ACT, 1937

PART V.

Effect of Repeals and Revocations.

Date of operation of repeals and revocations.

19. —(1) Where an Act of the Oireachtas repeals the whole or a portion of a previous statute and substitutes other provisions for the statute or portion of a statute so repealed, the statute or portion of a statute so repealed shall, unless the contrary is expressly provided in the repealing Act, continue in force until the said substituted provisions come into operation.

(2) Where an instrument made wholly or partly under an Act of the Oireachtas revokes the whole or a portion of a previous statutory instrument (whether made wholly or partly under such Act or under another statute) and substitutes other provisions for the instrument or portion of an instrument so revoked, the instrument or portion of an instrument so revoked shall, unless the contrary is expressly provided in the revoking instrument, continue in force until the said substituted provisions come into operation.

Construction of references to repealed statutes and revoked instruments.

20. —(1) Whenever any statute or portion of a statute is repealed and re-enacted, with or without modification, by an Act of the Oireachtas, references in any other statute or in any statutory instrument to the statute or portion of a statute so repealed and re-enacted shall, unless the contrary intention appears, be construed as references to the portion of such Act of the Oireachtas containing such re-enactment.

(2) Whenever a statutory instrument or a portion of a statutory instrument is revoked and re-enacted, with or without modification, by an instrument made wholly or partly under an Act of the Oireachtas, references in any other statutory instrument to the statutory instrument or portion of a statutory instrument so revoked and re-enacted shall, unless the contrary intention appears, be construed as references to the said instrument containing such re-enactment.

Operation of repeals, cessers, and terminations of statutes.

21. —(1) Where an Act of the Oireachtas repeals the whole or a portion of a previous statute, then, unless the contrary intention appears, such repeal shall not—

(a) revive anything not in force or not existing immediately before such repeal takes effect, or

(b) affect the previous operation of the statute or portion of a statute so repealed or anything duly done or suffered thereunder, or

(c) affect any right, privilege, obligation, or liability acquired, accrued, or incurred under the statute or portion of a statute so repealed, or

(d) affect any penalty, forfeiture, or punishment incurred in respect of any offence against or contravention of the statute or portion of a statute so repealed which was committed before such repeal, or

(e) prejudice or affect any legal proceedings, civil or criminal, pending at the time of such repeal in respect of any such right, privilege, obligation, liability, offence, or contravention as aforesaid.

(2) Where an Act of the Oireachtas repeals the whole or a portion of a previous statute, then, unless the contrary intention appears, any legal proceedings, civil or criminal, in respect of any right, privilege, obligation, or liability acquired, accrued, or incurred under or any offence against or contravention of the statute or portion of a statute so repealed may be instituted, continued or enforced, and any penalty, forfeiture, or punishment in respect of any such offence or contravention may be imposed and carried out as if such statute or portion of a statute had not been repealed.

(3) Where an Act of the Oireachtas or a portion of any such Act ceases by any means or for any reason (other than repeal by a subsequent Act of the Oireachtas) to be in force, the preceding sub-sections of this section shall apply and have effect in relation to such Act or portion of an Act as if such cesser were caused by a repeal effected by an Act of the Oireachtas, and accordingly, for the purposes of such application, every reference in either of the said preceding sub-sections to a repeal shall be construed as a reference to a cesser by any means or for any reason (other than such repeal) to be in force.

Operation of revocations, cessers and terminations of statutory instruments.

22. —(1) Where an instrument made wholly or partly under an Act of the Oireachtas revokes the whole or a portion of a previous statutory instrument, then, unless the contrary intention appears, such revocation shall not—

(a) revive anything not in force or not existing immediately before such revocation takes effect, or

(b) affect the previous operation of the statutory instrument or portion of a statutory instrument so revoked or anything duly done or suffered thereunder, or

(c) affect any right, privilege, obligation, or liability acquired, accrued, or incurred under the statutory instrument or portion of a statutory instrument so revoked, or

(d) affect any penalty, forfeiture, or punishment incurred in respect of any offence against or contravention of the statutory instrument or portion of a statutory instrument so revoked which was committed before such revocation, or

(e) prejudice or affect any legal proceedings, civil or criminal, pending at the time of such revocation in respect of any such right, privilege, obligation, liability, offence, or contravention as aforesaid.

(2) Where an instrument made wholly or partly under an Act of the Oireachtas revokes the whole or a portion of a previous statutory instrument, then, unless the contrary intention appears, any legal proceedings, civil or criminal, in respect of any right, privilege, obligation, or liability acquired, accrued, or incurred under or any offence against or contravention of the statutory instrument or portion of the statutory instrument so revoked may be instituted, continued, or enforced and any penalty, forfeiture, or punishment in respect of any such offence or contravention may be imposed and carried out as if such statutory instrument or portion of a statutory instrument had not been revoked.

(3) Where an instrument made wholly or partly under an Act of the Oireachtas or a portion of an instrument so made ceases by any means or for any reason (other than revocation by a subsequent such instrument) to be in force, the preceding sub-sections of this section shall apply and have effect in relation to such instrument or portion of an instrument as if such cesser were caused by a revocation effected by a subsequent such instrument, and accordingly, for the purposes of such application, every reference in either of the said preceding sub-sections to a revocation shall be construed as a reference to a cesser by any means or for any reason (other than such revocation) to be in force.