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Interpretation Act 1978
61Construction of statutory instruments
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61 Construction of statutory instruments
(1) If an Act confers upon any authority power to make, grant or issue a
statutory instrument, any instrument so made, granted or issued
shall be read and construed subject to the Act under which it was
made and so as not to exceed the power of that authority, to the
intent that, where any such instrument would, but for this section,
have been construed as being in excess of the power conferred
upon that authority, it shall nevertheless be a valid instrument to the
extent to which it is not in excess of that power.
(2) It is presumed, unless the contrary is proved, that all conditions and
steps required for the making, granting or issuing of a statutory
instrument have been satisfied and carried out.