||All England Reporter
|| All ER (D) 269 (Nov)
||Queen's Bench Division, Administrative Court
Latham LJ and Davis J
||Duncan Atkinson (instructed by the Crown Prosecution Service) for the appellant.
||Bryan Thomas (instructed by Howells) for the respondent.
||26 November 2008
Statute - Repeal - Savings - Bye-laws made under repealed statute continuing in force - Whether Parliament preserving mechanism for proving bye-laws - Construing intention of Parliament - , ,
Statute Repeal . Queen's Bench Division, Administrative Court: bye-laws made under the repealed of the Transport Act 2000 but preserved by virtue of of the Railways Act 2005 should be proved using the mechanism in Sch 20 para 7 of the 2000 Act, despite the repeal of that provision, as any other interpretation of s 46(4) was senseless and did not accord with the intention of Parliament.
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