Section 54A of the ILA authorises the making of the style changes set out
in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which
provides that where an undivided section or clause of a Schedule is amended by
the insertion of one or more subsections or subclauses, the original section or
clause becomes subsection or subclause (1) and is amended by the insertion of
the expression "(1)" at the beginning of the original section or
clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the
following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001
form part of that Act. Any heading inserted in an Act which was passed before 1
January 2001, by an Act passed on or after 1 January 2001, forms part of that
Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule;
sections; clauses; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or
after 1 January 2001 form part of that Act. Any examples, diagrams or notes
inserted in an Act which was passed before 1 January 2001, by an Act passed on
or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January
2001 forms part of that Act. Any punctuation inserted in an Act which was
passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms
part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether
inserted in the Act before, on or after 1 January 2001. Provision numbers
include section numbers, subsection numbers, paragraphs and subparagraphs. See
section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13
October 2004, a legislative item relating to a provision of an Act is taken to
be at the foot of that provision even if it is preceded or followed by another
legislative item that relates to that provision. For example, if a penalty at
the foot of a provision is followed by a note, both of these legislative items
will be regarded as being at the foot of that provision. See section
36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other
material printed after the Endnotes does not form part of an Act.
(1) Where before the commencement of this Act a summons has been issued
under section 4, 15 or 22 of the Imprisonment of Fraudulent Debtors Act
1958 being a summons returnable after that commencement and upon the return
of the summons the matters set out in section 5(2)(a), 16(2)(a) or 22(1)(a) (as
the case may be) of that Act as in force before that commencement are alleged,
the court shall proceed to deal with the matter as if it had come before the
court under section 6(8) of this Act and may make an instalment order under this
Act.
(2) Where before the commencement of this Act a summons has been issued
under section 4, 15 or 22 of the Imprisonment ofFraudulent
Debtors Act 1958 and—
(a) before that commencement the judge or court has been satisfied as to
the matters set out in section 5(2)(a), 16(2)(a) or 22(1)(a) (as the case may
be) of that Act as in force before that commencement but the judge or court has
not made an order under that Act as so in force; or
(b) the judge or court having before that commencement commenced to deal
with the matter, the judge or court is after that commencement satisfied as to
the matters set out in section 5(2)(a), 16(2)(a) or 22(1)(a) (as the case may
be) of that Act as in force before that commencement—
the judge or court shall not make an order under that Act but may make an
instalment order under this Act.
(3) An instalment order made pursuant to this section shall be deemed to
be an instalment order made under section 6(8) of this Act.
(1) In this section, "existing order" means an order for
commitment in default of payment made before the commencement of this Act under
the Imprisonment of Fraudulent Debtors Act 1958 by a judge or court
satisfied as to the matters set out in section 5(2)(a), 16(2)(a) or 22(1)(a) (as
the case may be) of that Act as in force before that commencement.
(2) Subject to this section, an existing order shall notwithstanding the
amendments made by this Act to the Imprisonment of Fraudulent Debtors Act
1958 continue to have the same force and effect as it would have had if
those amendments had not been made.
(3) Notwithstanding the Imprisonment of Fraudulent Debtors Act
1958, where any money interest and costs or any instalment thereof have not
before the commencement of this Act been or are not after that commencement paid
as required by an existing order, the judgment creditor in respect of the
existing order shall be entitled to apply under section 17 of this Act in all
respects as if the existing order were an instalment order under this Act and
the judgment debtor had defaulted in an instalment thereunder.
(4) Notwithstanding the Imprisonment of Fraudulent Debtors Act
1958, a judgment creditor or judgment debtor in respect of an existing order
may at any time make application under section 8 of this Act in all respects as
if the existing order were an instalment order under this Act.
(5) Notwithstanding the Imprisonment of Fraudulent Debtors Act
1958, no person shall be committed to prison under a warrant of commitment
or warrant of commitment on an ex parte application issued under that Act in
respect of an existing order.
(1) Where before the commencement of this section a person has pursuant to
section 9 of the Imprisonment of Fraudulent Debtors Act 1958 appealed to
the Full Court of the Supreme Court in respect of an order for commitment in
default of payment made by a judge satisfied as to the matters set out in
section 5(2)(a) of that Act as in force before that commencement and the Full
Court has not determined that appeal, the Full Court shall not under that Act
confirm or vary the order appealed against, but may under that Act annul or
discharge the order or make an instalment order under this Act.
(2) An instalment order made pursuant to subsection (1) shall be deemed to
be an instalment order made under section 6(8) of this Act.
