Commentary on Sections Part 2: Interpretation and Operation of Welsh Legislation Section 21 – References to portions of enactments, instruments and documents
114.Section 21 applies where an Assembly Act or Welsh subordinate instrument refers to a portion of text in any enactment, instrument or document. For this purpose, an “enactment” has an extended meaning and includes any of the types of legislation that may apply in the United Kingdom. An “instrument” will include any kind of legal instrument, legislative or otherwise, such as an EU instrument, Royal Charter or deed.
115.Section 21 is intended to remove any doubt about the precise portion of text in the enactment, instrument or document that is being referred to. This is particularly useful in relation to provisions in legislation which make amendments. For example, in the case of a provision which states “In section 1, for the words from “the local authority” to “officer” substitute “the county council may appoint two or more officers””; section 21 puts beyond doubt that the substituted text starts with, and includes, “the local authority”, and ends with, and includes, “officer”.
116.Section 21 has effect except to the extent that express provision is made to the contrary or the context requires otherwise. It is equivalent to section 20(1) of the 1978 Act, but applies to references to a wider range of instruments and documents.