When an Act with no commencement provision comes into force (Interpretation Act 1978 s.4)
The (fictional) Harbour Moorings Act 2026 is an Act of the UK Parliament. It received Royal Assent at 3.30 pm on Tuesday 10 March 2026. Section 5 of the Act imposes a new duty on mooring operators. Nothing in the Act, or in any other legislation, makes provision for when section 5 is to come into force. Kwame Mensah, a mooring operator in England, asks his solicitor when the duty in section 5 took effect.
When did section 5 come into force?
Choose one answer to see the reasoning.
Worked answer
Correct answer A: At the beginning of 10 March 2026, the day on which the Act received Royal Assent.
THE RULE TO REMEMBER
Where an Act makes no provision for commencement, it comes into force at the beginning of the day on which it receives Royal Assent.
When an Act with no commencement provision comes into force (Interpretation Act 1978 s.4)
Section 4 of the Interpretation Act 1978 sets the default rule for the commencement of Acts. Where provision is made for an Act or provision to come into force on a particular day, it comes into force at the beginning of that day (s.4(a)). Where no provision is made for its coming into force, it comes into force at the beginning of the day on which the Act receives Royal Assent (s.4(b)). The Harbour Moorings Act 2026 contains no commencement provision for section 5, so s.4(b) applies. Section 5 therefore came into force at the beginning of 10 March 2026, that is from the first moment of that day, even though Royal Assent was given in the afternoon. A two-month commencement period is common drafting practice, but it applies only where the Act itself says so. Commencement regulations are only needed where an Act gives a minister power to appoint the day.
Why B is wrong: Under s.4 a provision comes into force at the beginning of the relevant day, not at the time of day Royal Assent is given.
Why C is wrong: A two-month delay applies only if the Act expressly provides for it; there is no general statutory default of two months.
Why D is wrong: Commencement regulations are relevant only where the Act confers a power to appoint a day; this Act makes no provision at all.
Why E is wrong: Publication is not the trigger for commencement; s.4(b) ties commencement to the day of Royal Assent.
A little more practice done.
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