• PART 2 PART 2 GENERAL PROVISIONS REGARDING ENACTMENTS

    • 3. Enactments to be public enactments

      All enactments shall be public enactments, and shall be judicially noticed as such unless the contrary is expressly provided by the enactment.

    • 4. Enactments to be divided into sections without introductory words

      All enactments shall be divided into sections, if there be more enactments than one, which sections shall be deemed to be substantive enactments without any introductory words.

    • 5. Schedules

      Every Schedule to an enactment shall, together with any note thereto, be construed and have effect as part of the enactment.

    • 6. Subdivisions of enactments

      When an enactment is divided into Parts, Chapters, titles or other subdivisions, the fact and particulars of such division shall, with or without express mention thereof in the enactment, be taken notice of in all courts and for all purposes whatsoever.

    • 7. Forms

      Except as is otherwise expressly provided, whenever forms are prescribed, slight deviations therefrom, not affecting the substance or calculated to mislead, shall not invalidate them.

    • 8. Examples and illustrations

      Where an enactment includes an example or illustration of the operation of a provision —

      (a) the example or illustration shall not be taken to be exhaustive; and
      (b) if the example or illustration is inconsistent with the provision, the provision prevails.

    • 9. Mode of citing enactments

      (1) Where any enactment is referred to, it shall be sufficient for all purposes to cite the enactment by the short title, if any, by which it is made citable.
      (2) Any such citation of an enactment shall, unless the contrary intention appears, be construed as a reference to the enactment as amended from time to time by any other enactment.

    • 10. Construction in an enactment of references to sections, etc.

      (1) Where in any enactment there is a reference to a section, Part, Chapter, Schedule or other division of the enactment by number or letter only, and not in conjunction with the title or number of an enactment, the reference shall be construed as a reference to the section, Part, Chapter, Schedule or other division of that number or letter contained in the enactment in which the reference occurs.
      (2) Where in any section or other division of an enactment there is a reference to a subsection, paragraph or sub-paragraph by number or letter only, the reference shall be construed as a reference to the subsection, paragraph or sub-paragraph of that number or letter contained in the section or other division in which the reference occurs.
      (3) This section shall apply, with suitable modification, to subordinate legislation.

    • 11. Purposive interpretation of enactments and use of extrinsic materials

      (1) In the interpretation of a provision of an enactment, an interpretation that would promote the purpose or object underlying the enactment (whether that purpose or object is expressly stated in the enactment or not) shall be preferred to an interpretation that would not promote that purpose or object.
      (2) Subject to subsection (4), in the interpretation of a provision of an enactment, if any material not forming part of the enactment is capable of assisting in the ascertainment of the meaning of the provision, consideration may be given to that material —
      (a) to confirm that the meaning of the provision is the ordinary meaning conveyed by the text of the provision taking into account its context in the enactment and the purpose or object underlying the enactment; or
      (b) to ascertain the meaning of the provision when —
      (i) the provision is ambiguous or obscure; or
      (ii) the ordinary meaning conveyed by the text of the provision taking into account its context in the enactment and the purpose or object underlying the enactment leads to a result that is manifestly absurd or unreasonable.
      (3) Without limiting the generality of subsection (2), the material that may be considered in accordance with that subsection in the interpretation of a provision of an enactment shall include —
      (a) any explanatory statement or guidance relating to the enactment issued by the Board;
      (b) any treaty or other international agreement that is referred to in the enactment; and
      (c) any document that is declared by the enactment to be a relevant document for the purposes of this section.
      (4) In determining whether consideration should be given to any material in accordance with subsection (2), or in determining the weight to be given to any such material, regard shall be had, in addition to any other relevant matters, to —
      (a) the desirability of persons being able to rely on the ordinary meaning conveyed by the text of the provision taking into account its context in the enactment and the purpose or object underlying the enactment; and
      (b) the need to avoid prolonging legal or other proceedings without compensating advantage.

    • 12. Time of commencement of ADGM regulations

      (1) ADGM regulations or a provision in ADGM regulations shall come into operation —
      (a) where a particular day for their coming into operation is specified by or under those regulations, on the expiration of the previous day; or
      (b) where the day of their coming into operation is the date of their publication, on the expiration of the day on which the regulations are published.
      (2) Where ADGM regulations are to come into operation on a day specified by any subordinate legislation, the subordinate legislation may specify different days for different provisions of the regulations to come into operation.

    • 13. Effect of repeal of an enactment on subordinate legislation made thereunder

      Where any enactment or part of an enactment is repealed, subordinate legislation issued under or made in virtue thereof shall remain in force so far as it is not inconsistent with the repealing enactment and unless the contrary intention appears until it has been revoked or replaced by subordinate legislation issued or made under the provisions of the repealing enactment.

    • 14. Repeal of repealing enactments

      Where any enactment repealing in whole or in part any former enactment is itself repealed, the last repeal shall not revive the enactment or the provisions previously repealed, unless words be added reviving that enactment or those provisions.

    • 15. Repeal of amended enactment to include amendments

      Where any enactment which has been amended by any other enactment is itself repealed, such repeal shall be deemed to include the repeal of all enactments or parts of enactments by which the first-mentioned enactment has been amended.

    • 16. Repeal and substitution

      Where an enactment repeals wholly or in part any former enactment and substitutes other provision therefor, the repealed enactment shall remain in force until the substituted provision comes into operation.

    • 17. References to amended and re-enacted provisions

      (1) Where in any enactment a reference is made to another enactment, the reference shall, except where the context otherwise requires, be deemed to include a reference to the last-mentioned enactment as the same may from time to time be amended.
      (2) Where any enactment repeals and re-enacts, with or without modification, any provision of a former enactment, then, unless the contrary intention appears —
      (a) any reference in any other enactment to the provision so repealed shall be construed as a reference to the provision so re-enacted;
      (b) in so far as any subordinate legislation made or other thing done under the provision so repealed, or having effect as if so made or done, could have been made or done under the provision so re-enacted, it shall have effect as if made or done under that provision.

    • 18. Effect of repeal

      (1) Where an enactment repeals in whole or in part any other enactment, then, unless the contrary intention appears, the repeal shall not —
      (a) revive anything not in force or existing at the time at which the repeal takes effect;
      (b) affect the previous operation of any enactment so repealed or anything duly done or suffered under any enactment so repealed;
      (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed;
      (d) affect any fine or forfeiture incurred in respect of any contravention committed against any enactment so repealed; or
      (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, fine or forfeiture as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such fine or forfeiture may be imposed, as if the repealing enactment had not been passed.
      (2) A reference in this section to the repeal of an enactment in whole or in part includes a reference to —
      (a) a repeal effected by implication;
      (b) the abrogation or limitation of the effect of the enactment or part; and
      (c) the exclusion of the application of the enactment or part to any person, subject-matter or circumstance.
      (3) Where an enactment expires, lapses or otherwise ceases to have effect, this section applies as if the enactment had been repealed by another enactment.
      (4) A reference in this section to a part of an enactment includes a reference to any provision of, or words, figures, drawings or symbols in, the enactment.

    • 19. Construction of amending enactment

      Where an enactment amends or adds to any enactment, the amending enactment shall, so far as is consistent with the tenor thereof, and unless the contrary intention appears, be construed as one with the amended enactment and as part thereof.

    • 20. Effect of expiration of enactment

      The expiration of an enactment shall not affect any legal proceedings previously commenced under such enactment, but every such proceeding may be continued and everything in relation thereto may be done in all respects as if the enactment continued in force.