Sentences with phrase «intended purpose of the statute»

It was settled law that, before interpreting a statute by adding, omitting or substituting words, a court had to be abundantly sure of three matters: (i) the intended purpose of the statute or provision in question; (ii) that, by inadvertence, the draftsman and Parliament had failed to give effect to that purpose in the provision in question; and (iii) the substance of the provision Parliament would have made, although not necessarily the precise words Parliament would have used, had the error in the Bill been noticed.

Not exact matches

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It would be startling if the statute contained the power to introduce secondary legislation with a wider purpose in precise contradiction to the public announcements of government that it was intended to allow services to be omitted if no longer needed, or it is no longer «appropriate» for them to be listed, a power it described as being drawn «as narrowly as possible».
If operation of legislation — the making of delegated legislation, in this case — is outside a statute's intended purpose it may be illegal (Padfield v Minister of Agriculture, Fisheries and Food [1968] AC 997 [1968] 1 All ER 694, applied; and see discussion in Administrative Law (2014) Wade & Forsyth (11th Ed) at pp 297 - 299).
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