expressions used in statutory instruments have the same meaning as in the
enabling Act. This is a common law principle.
488
(ii) Courts construe a
statutory instrument so that it will be valid rather than invalid, in accordance
with the maxim ut res magis valeat quam pereat, literally, that the matter or
thing may survive rather than perish.
489
The principle operates when a statutory
instrument is susceptible of say two meanings (to use the simple case) and one
meaning, the broader of the two, would render the statutory instrument ultra
vires, while the second meaning would make it intra vires. Then the courts will
choose the second meaning.
There are two further principles of special significance. First, while a court
cannot decline to put a meaning on a word in a statute because it is too vague
or too uncertain, it can possibly treat a statutory instrument of this nature as
ultra vires. Second, the general adoption of principles used for statutes to
statutory instruments may be modified in the light of the nature of a statutory
instrument. It, after all, often speaks to special classes of people about specific
matters such as their work or skills. It should therefore be construed in a
practical rather than a meticulous way.
490
488
Blashill v Chambers (1884) 14 QBD 479
489
Widgee Shire Council v Bonney (1907) 4 CLR 977
490
Gill v Donald Humberstone [1963] 3 All ER 180
 |
 |
 |