STATUTORY INSTRUMENTS ACT 1992 - SECT 21 Statutory instrument to be interpreted not to exceed powers conferred by authorising law

STATUTORY INSTRUMENTS ACT 1992 - SECT 21

21 Statutory instrument to be interpreted not to exceed powers conferred by authorising law

(1) A statutory instrument is to be interpreted as operating—

(a) to the full extent of, but not to exceed, the power conferred by the law under which it is made (the
"authorising law" ); and

(b) distributively.

(2) Without limiting subsection (1) , if a provision of a statutory instrument would, apart from this section, be interpreted as exceeding power—

(a) the provision is valid to the extent to which it does not exceed power; and

(b) the remainder of the statutory instrument is not affected.

(3) Without limiting subsection (1) , if the application of a provision of a statutory instrument to a person, matter or circumstance would, apart from this section, be interpreted as exceeding power, the provision’s application to other persons, matters or circumstances is not affected.

(4) This section applies to a statutory instrument in addition to, and without limiting, any provision of the statutory instrument or authorising law.