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Statute Law Revision: Fifteenth Report Draft Statute Law (Repeals) Bill

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i STATUTE LAW REVISION: FIFTEENTH REPORT DRAFT STATUTE LAW (REPEALS) BILL LAW COMMISSION LAW COM No 233 SCOTTISH LAW COMMISSION SCOT LAW COM No 150 The Law Commission and The Scottish Law Commission (LAW COM No 233) (SCOT LAW COM No 150) STATUTE LAW REVISION: FIFTEENTH REPORT DRAFT STATUTE LAW (REPEALS) BILL Presented to Parliament by the Lord High Chancellor and the Lord Advocate by Command of Her Majesty March 1995 LONDON: HMSO Cm 2784 E11.65 net The Law Commission and the Scottish Law Commission were set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Honourable Mr Justice Brooke, Chairman Professor Andrew Burrows Miss Diana Faber 1 Mr Charles Harpum Mr- Stephen Silber QC The Secretary of the Law Commission is Mr Michael Sayers and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London, WClN 2BQ. The Scottish Law Commissioners are: The Honourable Lord Davidson, Chairman Dr E M Clive Professor P N Love CBE Mr W A Nimmo Smith QC Mr N R Whitty The Secretary of the Scottish Law Commission is Mr K F Barclay and its offices are at 140 Causewayside, Edinburgh EH9 IPR. This Report was approved by the Law Commission and the Scottish Law Commission on 25 January 1995. 11 LAW COMMISSION SCOTTISH LAW COMMISSION STATUTE LAW REVISION: FIFTEENTH REPORT DRAFT STATUTE LAW (REPEALS) BILL CONTENTS Paragraph Page REPORT 1 1 APPENDIX 1: DRAFT STATUTE LAW (REPEALS) BILL 3 APPENDIX 2 : EXPLANATORY NOTE ON THE 49 DRAFT BILL Clauses 1-3 1 49 Schedule 1 : Repeals 1.1 50 PART I Bedfordshire, Nottingham, Nottinghamshire, Warwickshire and Derwent Valley Water Board 1.1 50 Statutory Undertaking Provisions 1.7 53 Protective Provisions 1.17 56 Miscellaneous Exempted Provisions 1.18 58 Derwent Valley Water Board 1.23 60 1 I 1 PART I1 Overseas Jurisdiction 2.1 62 i Group 1 Associated States 2.1 62 Group 2 Other Repeals 2.3 63 PART I11 Scottish Local Acts 3.1 67 Group 1 Glasgow Police Acts 3.1 67 Background: section 225 of the Local Government (Scotland) Act 1973 3.2 67 The Glasgow Police Acts 3.8 69 The history of the Glasgow Police Acts 3.11 71 Group 2 Dog Warden Acts 3.15 72 Group 3 Other Repeals 3.20 74 PART IV Statutory Citation 4.1 76 PART V Transport 5.1 79 Group 1 Pilotage Orders Confirmation Acts 5.1 79 Group 2 Other Repeals 5.2 79 ... 111 Paragraph Page PART VI Miscellaneous 6.1 82 Group 1 General Repeals 6.1 82 Group 2 Bank of England 6.25 92 Schedule 2 : Consequential and connected provisions 1 94 APPENDIX 3 : CONSULTEES ON REPEAL OF LEGISLATION PROPOSED IN SCHEDULE 1, PART I 95 APPENDIX 4: CONSULTEES ON REPEALS OF GLASGOW POLICE ACTS 1866-1904 98 -. i iv THE LAW COMMISSION AND THE SCOTTISH LAW COMMISSION STATUTE LAW REVISION: FIFTEENTH REPORT Draft Statu\teLaw (Repeals) Bill To the Right Honourable the Lord Mackay of Clashfern, Lord High Chancellor of Great Britain, and the Right Honourable the Lord Rodger of Earlsfemy, QC, Her Majesty's Advocate. 1. In pursuance of section 3(l)(d) of the Law Commissions Act 1965, we have prepared the draft Bill which is Appendix 1 and recommend that effect be given to the proposals contained in it. An explanatory note on the contents of the draft Bill forms Appendix 2. 2. The report recommends the repeal of enactments which have been identified, after detailed research and consultation, as being spent, obsolete, unnecessary or otherwise not now of practical utility.' The proposals have been widely canvassed with the government departments and other bodies concerned. Appendix 3 lists the local authorities, statutory undertakers and other persons consulted in connection with a project to rationalise the local legislation of Bedfordshire, Nottingham, Nottinghamshire, Warwickshire and the Dement Valley Water Board (Part I of Schedule 1 to the draft Bill). Appendix 4 lists those consulted in connection with the proposal to repeal the Glasgow Police Acts 1866-1904 and connected legislation (Part 111, Group 1 of Schedule 1 to the draft Bill). 3. The report is submitted in pursuance of the Law Commissions' programmes on statute law. The broad objective of those programmes is to modernise and simpllfy the statute book. 1 The enactments proposed for repeal are specified in Schedule 1 to the draft Bill. The Schedule is divided into Parts, some of which are subdivided into Groups. The Parts are, in accordance with the draftimgpraBice adopted in Statute Law (Repeals) Acts since 1975, presented according to their alphabetical order of title. 1 HENRYBROOKE,Chairman, Law Commission ANDREW BURROWS DIANAFABER CHARLES HARPUM STEPHENSILBER MICHAELSAYERS,Secretary - C K DAVIDSON,Chairman, Scottish Law Commission EMCm PHILIPN LOVE W A NIMMOSMITH NIALLR WHI-MY KENNETH F BARCLAY,Secretary 25 January 1995 2 APPENDIX 1 Statute Law (Repeals) Bill ARRANGEMENT OF CLAUSES Clause 1. Repeals and associated provisions. 2. Extent. 3. Short title. SCHEDULES: Schedule 1-Repeals. Part I-Bedfordshire, Nottingham, Nottinghamshire, Warwickshire and Derwent Valley Water Board. Part 11-Overseas Jurisdiction. Part 111-Scottish Local Acts. Part IV-Statutory Citation. Part V-Transport. Part VI-Miscellaneous. Schedule 2-Consequential and Connected Provisions. 3 4 I Statute Law (Repeals) 1 DRAFT OF A - BILL I NTITU LED An Act to promote the reform of the statute law by the repeal, in A.D. 1935. accordance with recommendations of the Law Commission and the Scottish Law Commission, of certain enactments which (except in so far as their effect is preserved) are no longer of practical utility, and to make other provision in connection with the repeal of those enactments. EITENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, Band Commons, in this present Parliament assembled, and by the authority of the same, as follows:-- 5 1.-( 1) The enactments mentioned in Schedule 1 to this Act are hereby Repeals and repealed to the extent specified in the third column of that Schedule. associated provisions. (2) Schedule 2 to this Act shall have effect. 2.-( 1) This Act extends to England and Wales, Scotland and Northern Extent. Ire1and. 10 (2) Any repeal by this Act of an enactment which extends to the Isle of Man shall also extend there. (3) Subject to subsection (2) above, this Act does not repeal any enactment so far as the enactment forms part of the law of a country outside the United Kingdom; but Her Majesty may by Order in Council 15 provide that the repeal by this Act of any enactment specified in the Order shall on a date so specified extend to any of the Channel Islands or any colony. 3. This Act may be cited as the Statute Law (Repeals) Act 1995. Short title. 5 2 Statute Law (Repeals) SCHEDULES SCHEDULE 1 REPEALS PARTI BEDFORDSHIRE,NOTINGHAM,NOTTINGHAMSHIRE,WARWICKSHIRE AND 5 DERWENTVALLEYWATERBOARD - Chapter or Number Short title Extent of repeal Group 1 - Bedfordshir 10 35 Geo. 3. c.87 An Act for dividing, The whole Act. (1795). allotting, and inclosing the open and common fields, meadows, closes, commonable lands, 15 pastures, commons, and waste grounds, within the several parishes of Saint Paul, Saint Peter, and Saint Cuthbert, in 20 the town of Bedford, in the county of Bedford. 37 Geo. 3. c.53 An Act for dividing, The whole Act. (1797). allotting, and inclosing, the open and common 25 fields, pastures, commons, and waste grounds, within the parish of Saint Mary, in the town of Bedford, in 30 the county of Bedford. 43 Geo. 3. An Act for the The whole Act. c.cxxviii improvement of the town (1803). of Bedford in the county of Bedford, and for 35 rebuilding the bridge over the river Ouse in the said town. 50 Geo. 3. An Act for amending and The whole Act. c.lxxxii enlarging the powers of 40 (1810). [the Act 43 Geo. 3. c.cxxviii]. 55 Geo. 3. c.xxx An Act for rebuilding The whole Act. (1815). Tempsford Bridge in the county of Bedford. 45 c 16 & 17 Vict. Midland Railway (Leicester Section 47. c.cviii. and Hitchin) Act 1853. 6 Statute Law (Repeals) 3 SCH. 1 Chapter or Number Short title Extent of repeal 26 & 27 Vict. Local Government In the Schedule,the order c.32. SupplementalAct 1863. relating to Bedford. 5 29 & 30 Vict. Local Government In the Schedule,the order c.107. SupplementalAct 1866 relating to Bedford. (No.4). 40 & 41 Vict. Local GovernmentBoard’s Sections2 to 4. c.xxii. - Provisional Orders In the Schedule,the order 10 Confirmation (Horbury relating to Luton. &c.) Act 1877. 53 & 54 Vict. Electric Lighting Orders In the Schedule,the c.clxxxviii. Confirmation (No.3) Act Bedford Electric 1890. Lighting Order 1890. 15 56 & 57 Vict. Tramways Orders (1892) In the Schedule, the c.viii. Confirmation Act 1893. Bedford and Kempston Tramways Order 1892. 58 & 59 Vict. Electric Lighting Orders In the Schedule,the Luton c.lxvii. Confirmation (No.2) Act CorporationElectric 20 1895. Lighting Order 1895 except Articles 1.2 and 5 and Schedule 1. 59 & 60 Vict. Local Government Board’s In the Schedule,the c.ccxxxvi. Provisional Orders Counties of Bedford 25 Confirmation (No.13) and Huntingdon Act 1896. (Swinesheadand Tilbrook)Order 1896. 60 & 61 Vict. Local GovernmentBoard’s In the Schedule,the c.lxxi. Provisional Orders BiggleswadeRural 30 Confinnation(No.6) Act Order 1897. 1897. 60 & 61 Vict. Local Government Board’s In the Schedule,the c.lxxv. Provisional Orders Countiesof Bedford Confirmation (No.10) and Hertford 35 Act 1897.
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