Interpretation Act, 1937

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may be imposed and carried out as if such statutory instrument or portion of a statutory instrument had not been revoked.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.