No. 36/1997:

INTERPRETATION (AMENDMENT) ACT, 1997

ARRANGEMENT OF SECTIONS

Section

1. Operation of abolition, abrogation, etc., of offences at common law.

2. Short title, collective citation and construction.

ACTS REFERRED TO

Number 36 of 1997

INTERPRETATION (AMENDMENT) ACT, 1997

AN ACT TO AMEND AND EXTEND THE INTERPRETATION ACTS, 1937 AND 1993.

[4th November, 1997]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—(1) Where an Act of the Oireachtas abolishes, abrogates or otherwise repeals an offence which is an offence at common law, then unless the contrary intention appears, such abolition, abrogation or repeal shall not—

( a ) affect the previous operation of the law in relation to the offence so abolished, abrogated or repealed or any other offence or anything duly done or suffered thereunder,

( b ) affect any penalty, forfeiture or punishment incurred in respect of any such offence so abolished, abrogated or repealed or any other offence which was committed before such abolition, abrogation or repeal, or

( c ) prejudice or affect any proceedings pending at the time of such abolition, abrogation or repeal in respect of any such offence or any other offence.

(2) Where an Act of the Oireachtas abolishes, abrogates or otherwise repeals an offence which is an offence at common law, then unless the contrary intention appears, any proceedings in respect of any such offence or any other offence committed before such abolition, abrogation or repeal of any such offence at common law may be instituted, continued or enforced and any penalty, forfeiture or punishment in respect of any such offence at common law or any other offence may be imposed and carried out as if such offence at common law had not been abolished, abrogated or otherwise repealed.

(3) This section applies to an offence which is an offence at common law abolished, abrogated or otherwise repealed before or after the passing of this Act.

(4) If, because of any or all of its provisions, this section would, but for the provisions of this subsection, conflict with the constitutional rights of any person, the provisions of this section shall be subject to such limitations as are necessary to secure that they do not so conflict, but shall otherwise be of full force and effect.

2.—(1) This Act may be cited as the Interpretation (Amendment) Act, 1997 .

(2) The Interpretation Acts, 1937 and 1993, and this Act may be cited together as the Interpretation Acts, 1937 to 1997, and shall be construed together as one.