[LEAPSECS] The relation between calendars and leap seconds.

[Clive D.W. Feather]

Tony Finch said:

> Halsbury's Laws of England has some interesting (bizarre, self-

> contradictory) paragraphs on the meaning of civil time, which I'll

> append as a postscript because of their length.


I'm going to comment on these, partly because Halsbury is well out of date.


> 215. Local time.

> 

> Apart from statute [1] or special convention, the hour of the day has to

> be ascertained by reference to the sun in the particular place.


True, but statute has made this effectively a dead piece of common law.


> 216. Greenwich mean time.

> 

> For the purpose of statutes, subordinate legislation, deeds or other legal

> instruments, it is provided by statute that, unless the contrary is

> expressed (and subject to the provisions regarding Summer Time [1]),

> expressions of time are to be taken to refer to Greenwich mean time and

> not to local time [2].

[...]

All this is sensible enough.


> It has been held that 'sunset' in certain enactments is not such an

> expression of time as previously mentioned [5], but refers to local time

> [6].

[...]

> [6] Gordon v Cann (1899) 80 LT 20, DC, where the obligation imposed by

> what is now the Road Vehicle Lighting Regulations 1989, SI 1989/1796, reg

> 25 (see road traffic vol 40(1) (2007 Reissue) para 393), to light a

> carriage used on the road half-an-hour after sunset was in question, and

> it was held that regard must be had to the actual hour of sunset at the

> particular place; MacKinnon v Nicolson 1916 JC 6, where 'sunset' and

> 'sunrise' in the Salmon Fisheries (Scotland) Act 1862 s 27 (repealed),

> which made it an offence to fish for salmon between those times in certain

> circumstances, were held in Scotland to mean the times at which the sun

> sets and rises at the locus of the alleged offence. See also the Night

> Poaching Act 1828 s 12 (as amended); and animals vol 2 (2008) para 791.


My legal research has failed to find any definition in statute of "sunrise"
and "sunset". In particular, it is not clear whether sunset is when the
(1) upper limb of the sun disappears below
(2) centre of the sun passes
(3) lower limb of the sun first touches
the
(4) theoretical horizon if the earth were a perfect airless geoid
(5) theoretical horizon allowing for atmospheric diffraction
(6) visible horizon including hills and valleys.


> 218. Reckoning of time during summer time.

> 

> During the period of summer time, the time for general purposes in Great

> Britain [1] is one hour, or during any part of that period for which it is

> so directed by Order in Council [2], two hours, in advance of Greenwich

> mean time [3].

[...]

> [1] 'Great Britain' means England, Wales and Scotland: see the Union with

> Scotland Act 1706, art 1; and constitutional law and human rights vol 8(2)

> (Reissue) para 3. The Summer Time Act 1972, however, applies also to

> Northern Ireland, the Channel Islands and the Isle of Man (see ss 4(1),

> 5(1)), but Orders in Council under s 2 may make different provisions with

> respect to the islands (see s 5(2); and para 217 note 2 ante).


In addition, a law of the States of Jersey or of Guernsey or an Act of
Tynwald can override the application of the Act in the relevant territory
(see s5(1)).

But, more importantly, s.2 has been repealed and therefore s.5(2) is pining
for the fjords. Only the States or Tynwald can alter the relationship.


> [2] The power to direct by Order in Council that the time for general

> purposes is, during any part of the period of summer time, to be two hours

> instead of one hour in advance of Greenwich mean time is conferred by ibid

> s 2(1)(b). At the date at which this volume states the law no Order in

> Council under s 2(1)(b) for any subsequent year had been made. As to

> Orders in Council under the Summer Time Act 1972 see para 217 note 2 ante.


This provision was repealed on 2002-03-11 by S.I. 2002 No. 262. The same
S.I. also fixed the transitions as being at 0100 GMT on the last Sundays in
March and October.


> [4] Ibid s 3(1). A print-out from a Lion Intoximeter device recording

> results of a breath test for excess alcohol was not admissible for failure

> to comply with the Summer Time Act 1972 ss 1, 3 even though timed

> according to Greenwich mean time when British summer time was in effect at

> the time of the offence: Parker v DPP [1993] RTR 283, (1993) 157 JP 218.


Um, that should read "was not inadmissible". The Queen's Bench Division
accepted that it was clear that the time on the printout was GMT, everybody
knows that BST is one hour ahead of GMT, and the magistrates examining the
case had correctly made the adjustment to match the printout with other
evidence relating to times.

I don't think that R. v Haddock on the meaning of "general purposes" is
settled law in the UK, but courts have certainly been happy to accept other
time bases in evidence; for example, Miranos International Trading Inc. v
Voc Steel Services BV [2005] EWHC 1812 (Comm), where the judgement states:

    The relevant facts as found by the arbitrator are as follows: The vessel
    was delivered to the charterers at 2100 hours UTC 8th February 2004,
    loaded a cargo in New Orleans, discharged at Tartous and was re-delivered
    at 1130 hours UTC 13th March 2004. Thus the vessel's employment lasted
    only 33 days 12 hours 31 minutes, ie 1 day 11 hours 29 minutes short of
    the minimum 35 days' duration guaranteed by the charterers.


> ["by Order in Council" is the way the British Government issues

> regulations under the authority of an existing statute. Statutes

> are enacted by Parliament, but Orders in Council are not.]


Actually, it is more normal to use Statutory Instruments, which may be
debated briefly by Parliament but are never amended in the process of
passing them.

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