Fifth Report: Draft Statute Law Repeals Bill (SLC 32; LC

The Law Commission and The Scottish Law Commission (LAW COM. No. 57) (SCOT. LAW COM. No. 32)

STATUTE LAW REVISION: FIFTH REPORT

DRAFT STATUTE LAW (REPEALS) BILL

Presented70 Parliament by the Lord High Chancellor and the Lord Advocate by Command ojHer Majesty December 1973

LONDON HER MAJESTY'S STATIONERY OFFICE 364p net Cmnd. 5493 The Law Commission and the Scottish Law Commission were set up by the Law Commissions Act 1965 for the purpose of pro- moting the reform of the law.

The Law Commissioners are- The Honourable Mr. Justice Cooke, Chairman. Mr. Claud Bicknell, O.B.E. Mr. Aubrey L. Diamond. Mr. Derek Hodgson, Q.C. Mr. Norman S. Marsh, Q.C.

The Secretary of the Law Commission is Mr. J. M. Cartwright Sharp and its oBces are at Conquest House, 37-38 John Street, Theobalds Road, London, WClN 2BQ.

The Scottish Law Commissioners are- The Honourable Lord Hunter, Chairman. Mr. A. E. Anton, C.B.E. Professor J. M. Halliday, C.B.E. Professor T. B. Smith, Q.C. Mr. Ewan Stewart, M.C., Q.C.

The Secretary of the Scottish Law Commission is Mr. J. B. Allan and its offices are at the Old College, University of Edinburgh, South Bridge, Edinburgh, EH8 9BD.

ii n' THE LAW COMMISSION and THE SCOTTISH LAW COMMISSION

STATUTE LAW WEVISION: FIFTH REPORT

Draft Statute Law (Repeals) Bill prepared under section 3(l)(d) of the Law Commissions Act 1965. To the Right Honourable the Lord Hailsham of Saint Mar.ylebone, Lord High Chancellor of Great Britain, and . the Right Honourable Norman Wylie, V.R.D., Q.C., M.P., Her Majesty's Advocate.* , We have prepared the draft Bill which is Appendix 1 to this Report and recommend that effect be given to the proposals contained in it.

An Explanatory Note on the contents of the draft Bill I I accompanies this Report as Appendix 2. 1 The repeals proposed in the draft Bill have been widely can- vassed with the Government departments and other bodies concerned with them. Signed S ~ COOKE,L Chairman Law Commission CLAUDBICKNELL. AUBREYL. DIAMOND. DEREKHODGSON. NORMANS. MARSH. J. M. CARTWRIGHTSHARP,Secretary.

J. 0.M. HUNTER,Chairman Scottish Law Commission A. E.ANTON. JOHN M. HALLIDAY. T. B. SMITH. EWANSTEWART. J. B. ALLAN,Secretary. 18 October 1973. * The Transfer of Functions (Secretary of State and Lord Advocate) Order 1972 (S.I. 1972 No. 2002 (1972 111, p. 5957)) has removed the requirement to obtain the approval of the Secretary of State of programmes, etc. of the Scottish Law Commission.

1 APPENDIX 1 Statute Law (Repeals) Bill

-- DRAFT

OF A BILL

ROMOTE the reform of the statute law by the A.D. 1973 repeal, in accordance with recommendations of the Law Commission and the Scottish Law Commission, of certain enactmentswhich (except in so far as their effect I is preserved) are no longer of practical utility. BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, I

and Commons, in this present Parliament assembled, and by ~ the authority of the same, as follows:- I 5 1. The enactments mentioned in the Schedule to this Act: are Repeal of I hereby repealed to the extent specified in column 3 of thatenactments. / Schedule, subject, however, to the savings set out at the end of particular Parts thereof.

2. By reason of the repeal by this Act of the Industrial Preservation 10 Assurance and Friendly Societies (Emergency Protection from of enactments Forfeiture) Act 1940, the following provision shall be inserted in E:izfep the Industrial Assurance and Friendly Societies Act 1948 after policies of section 17- assurance. 1940 c. 10. “Policies 17A.-(1) Where, in relation to any policy of 1948 c. 39. 15 given assurance which has been protected under the emergency Industrial Assurance and Friendly Societies protection*(Emergency Protection from Forfeiture) Act 1940, the amount of a free paid-up policy or of a surrender value is required to be ascertained, the provisions of 20 the policy, or of any guarantee given in relation thereto, or of the Industrial Assurance Acts 1923 3 308447 A2 Statute Law (Repeals) Bill

and 1929, relating to free paid-up policies and surrender values shall have effect subject to such modilkations as appear to the Industrial Assurance Commissioner to be necessary having regard to the failure to pay premiums during the period of pro- 5 tection and the variation of the terms of the policy under--section 3 of the said Act. (2) In relation to a policy of assurance effected with a registered society other than a collecting society, the reference in subsection (1) above to the 10 Industrial Assurance Commissioner is a reference to him in his capacity as Chief Registrar of Friendly Societies. (3) Section24(1) of this Act, so far as relating to the Isle of Man and the ChannelIslands, shall not apply to 15 subsections (1) and (2) above, but those subsections shall extend to any place to which the repeal of the said Act of 1940 by the Statute Law (Repeals) Act 1973 is extended by Order in Councilunder section 3(2) of that Act.” 20

Application 3.-(1) This Act extends to Northern Ireland. to Northern Ireland, (2) Her Majesty may by Order in Council provide that the Channel repeal by this Act of any enactment specified in the Order shall Islands and on a date so specified extend to any of the Channel Islands or Isle of Man. the Isle of Man. 2s

Short title. 4. This Act may be cited as the Statute Law (Repeals)Act 1973.

4 Statute Law (Repeals) Bill

SCHEDULE Section 1. ~

ENACTMENTSREPEALED

Chapter Short title Extent of repeal 50 Geo. 3. The Government Offices The whole Act. c. 85. Security Act 1810. 52 Geo. 3. The Security of Public The whole Act. 10 c. 66. Officers Act 1812. 6 & 7 Will. 4. The Government Offices The whole Act. c. 28. Security Act 1836. 1 & 2 Vict. The Government Offices The whole Act. c. 61. Security Act 1838. 15 38 & 39 Vict. The Government Officers The whole Act. c. 64. (Security) Act 1875. 53 & 54 Vict. The Inland Revenue Section 5. c. 21. Regulation Act 1890. 5 & 6 Geo. 6. The Finance Act 1942. In Schedule 11, in Part 11, 20 c. 21. the entry relating to the Government Offices Security Act 1836. 15& 16Geo. 6 The Customs and Excise Section 292(3). & 1 Eliz. 2. Act 1952. . 25 c. 44.

Chapter Short title Extent of repeal - 5 & 6 Geo. 5. The Finance (No. 2) Section 45(8). 30 C. 89. Act 1915. 2 & 3 Geo. 6. The Finance (No. 2) Sections 12 to 17. c. 109. Act 1939. Sections 19 to 22. Schedule 7. 3 & 4 Geo. 6. The Finance Act 1940. Sections 26 to 39. 35 c. 29. Section 41. Schedules 5 and 6. 3 & 4 Geo36.. The Finance (No. 2) Sections 13 to 15. c. 48. I Act 1940. 3 308447 A3 Statute Law (Repeals) Bill

Chapter Short title Extent of repeal

~~~~ ~

4 & 5 Geo. 6. The Finance Act 1941. Sections 28 to 42. ’ c. 30. . Section 44. Schedules 3 and 4. 5 & 6 Geo. 6. The-Finance Act 1942. Sections 37 to 41. 5 c. 21. 6 & 7 Geo. 6. The Finance Act 1943. Sections 21 to 25. c. 28. In section 28(1), the words “ excess profits tax and ”. Schedule 7. 10 In Schedule 8, sections 107 and 140 of the Income Tax Act 1918 as set out with their adaptations and in section 23(1) of the Finance 15 Act 1923 as so set out the words “excessprofitstax or ”. 7 & 8 Geo. 6. The Finance Act 1944. Sections 32 to 34. c. 23. 8 & 9 Geo. 6. The Finance Act 1945. Sections 5 and 7. 20 c. 24. 9 & 10Geo. 6. The Finance (No. 2) Section 29. c. 13. Act 1945. Sections 31 to 36. Section 38. Section 46. 25 Section 48(3). Section 49. In section 50, in subsection (1) the definitionof “ the original trade or business ” and the 30 definitions in the paragraph beginning “group of corn- panies ”. Section 50(2). Schedules 5 and 6. 35

9 & 10Geo. 6. The Finance Act 1946. Sections 36 to 43. c. 64. Section 45. Schedules 7 to 9.

10&11Geo. 6. The Finance-Act 1947. Section 63. c. 35. Section 74(8). 40 11&12Geo.6. The Finance (No. 2) In section 8, in subsection (1) c. 9. Act 1947. the words from “ or to excess profits tax” to “ to excess profitstax ”; in subsection (3) the words “or by virtue 45 of any direction” and or by virtue of that direction”; 6 Statute Law (Repeals) Bill

Chapter Short title Extent of repeal 11 t12Geo.6. The Finance (No. 2) in subsection (4) paragraph (6) c. 9-cont. Act 1947-cont. and the words “or by virtue of any such direction ” 5 and wherever they occur the -- words “or direction”; and in subsection (5) the words ‘‘ and directions ” and in both places the words ‘‘ or given ”. 10 In section 9, in subsection (2)(d) the words “ or excess profits tax ” and “ or the enactments relating to excess profits tax ”.

15 11&12Geo.6. The Finance Act 1948. Sections 47 to 68. c. 49. Section 71(3). Schedule 10.

12, 13 & 14 rhe War Damage (Public In section 28(7) the words Geo. 6. c. 36, Utility Undertakings, “ excess profits tax ” and “ in 20 &c.) Act 1949. paragraph 3 of Part I of the Seventh Schedule to the Finance (No. 2) Act 1939, as amended by the Third Schedule to the Finance 25 Act 1941 ”.

12, 13 & 14 rhe Finance Act 1949. Section 49. Geo. 6. c. 47. In section 51, the words “or claimant” wherever they occur, in subsection (1) the 30 words “or the Board of Referees ”,the words “ excess profits tax or the specialcon- tribution ” and the words “ or Board ” in both places, sub- 35 section (2), in subsection (5) the words “ or has made such a claim as is mentioned in subsection (2) thereof ”, the words “or, as the case may 40 be, that he desires to with- draw the claim ”, the words “ in the case of a notification with respect to an appeal” and the words “or claim- 45 ant’s ” and “ or that the claim shall be disallowed ”, in subsection (6) the words “or claim ” and in subsection (7) the words “or claim for 50 relief ”. 7 Statute Law (Repeals)Bill

Chapter I Short title 1- Extent of repeal I 14 & 15 Geo. 6. The Finance Act 1951. Section 39. c. 43. In section 40, in subsection (1) the words "excess profits tax or ". 5 I 15 & 16 Geo. 6 1 TheTinance Act 1952. Part V. & 1 Eliz. 2. Section 69. c. 33. Section 70 so far as it relates to the excess profits'levy. Schedules8 to 12. 10 1 & 2 Eliz. 2. l The Finance Act 1953. Part 111 so far as it relates to c. 34. the excess profits levy. Section 32. Section 35(4)(c). 9 & 10 Eliz. 2. The Finance Act 1961. Section 32. 15 c. 36. 1964 c. 37. TheIncomeTax Manage- Part I1 of Schedule 5. ment Act 1964. 1970 c. 10. TheIncomeand Corpora- In Schedule 14, in para- tion Taxes Act 1970. graph 27(1) the words "excess 20 profits tax, excess profits levy " and the words "or the special contribution", and in paragraph 27(4) the words " excess profits tax and ". 25 The repeal by this Act of any enactment specified in this Part of this Schedule shall, as respects tax for any period before the date when the repeal takes effect, not affect the operation after that date of that enactment in relation to the special contribution, the excess profits levy, profits tax or excess profits tax. 30 PART 111 OTHERFINANCIALENACTMENTS Chapter I Title or short title 1 Extent of repeal 30 & 31 Vict. The Metropolitan Police In section 1,. the words from c. 39. (Receiver)Act 1867. " and shall " onwards. 35 32 & 33 Vict. An Act to enable Lord The whole Act. c. 3 (1869). Napier of Magdala to receive the full benefit of the salary of Member of Councilfor the Presi- 40 dency of Bombay, or as holding any other office in India, notwithstanding his being in receipt of an annuity granted to 45 him under the Act 31 & 32 Victoria, chapter 91. 8 Statute Law (Repeals) Bill

Chapter Title or short title Extent of repeal 53 & 54 Vict. The Inland Revenue In section 39, the definitions c. 21. Regulation Act 1890. of “ Goods ”, “ Plaintiff” I and “ defendant ”. 5 118~12Geo.5. The -Trade Facilities The whole Act. c. 65. Act 1921. 13 Geo. 5. The Trade Facilities Sections 1 and 3(2). Sess. 2. c. 4. and Loans Guarantee Act 1922(Session 2). 10 15k16Geo.5. The Finance Act 1925. In section 25(3), paragraph (b) c. 36. and the word “ or ” immediately preceding that paragraph. I 16&17Geo.5. The Trade Facilities The whole Act. 1.5 c. 3. Act 1926. 19&20Geo. 5. The Government Annui- Sections 30 and 65. c. 29. ties Act 1929. 12, 13 & 14 The India (Consequential In section 1(4), the words Geo. 6. c. 92. Provision) Act 1949. “ or the growing produce 20 thereof ”, in both places. 14 Geo. 6. c. The Foreign Compensa- In section1(2),thewords “with- 12. tion Act 1950. out licence in mortmain ’,. 10&11Eliz. 2. The Finance Act 1962. In section 33(1), the words c. 44. from “ other than ” onwards. 25 In Schedule 11, Part VI. 1965c. 25. rhe Finance Act 1965. In section 94(1), the words from “and of” to “Sche- dule D) ”. 1969c. 32. The Finance Act 1969. Sections 3(8) and 5. 30 In Schedule 19, in paragraph 16(2), the words “ and short-term”. 1970c. 24. The Finance Act 1970. Section 1. In Schedule 1, paragraph 14. 35 1972c. 25. The Betting and Gaming In Schedule 5, paragraph 6. Duties Act 1972.

9 Statute Law (Repeals) Bill

PARTIV

ENACTMENTSRELATING TO LANDACQUISITIONPOWERS

Chapter Short title Extent of repeal

~~ ~ 8 & 9 Vict. The-Lands Clauses Con- Sections 59 and 60. c. 18. solidation Act 1845. In section 61, the words from 5 the beginning to “annexed to”, the word “and” (fol- lowingtheword “ surveyor ”), the words “together there- with ” and the words .< and 10 other documents ”. Sections 135 and 140. 1965 c. 56. The Compulsory Pur- Sections 24(5) and 29(2). chase Act 1965. In section 30, subsections (1) and (2), in subsection (3) the 15 words “ section ll(1) of” and the words from “and notwithstanding” to the end of the subsection, and subsection (4). 20 In section 33, in subsection (2)(b) the words ‘‘ section 8(1) and” and the words from “ but no person ” I to the end of the paragraph, 25 in subsection (3), paragraph (a),in paragraph (b) the words “and 30(3)”, and paragraphs (c) and (d), and subsection (4). 30 In section 34, subsections (2) to (5). In Schedule 1, paragraph 6(5). In Schedule 2, paragraph l(2) and in paragraph 1(3), the 35 words from the beginning to the first ‘‘ valuation, and ” and the words ‘‘ and declara- tion together ” In Schedule 6, in the amend- 40 ment of the Civil Aviation Act 1949 the words from ‘‘ together with ” to ‘‘ superfluous land) ”. 1967 c. 10. The Forestry Act 1967. In Schedule5, inparagraph 1l(3) 45 paragraphs(a),(4,(4and (4, and paragraph 11(4).

10 Statute Law (Repeals) Bill

The repeals effected by this Act in sections 33 and 34 of the Com- pulsory Purchase Act 1965 shall not apply- (a) in relation to a compulsory purchase order coniirmed before the passing of this Act under section 24 of the Water 5 Act 1945 or Part I11 of the Housing Act 1957, or (b) in relation to a compulsory purchase order made before the passing of this Act under section 9 or section 23 of the Water Act 1945, -- and the repeals in this Part of this Schedule shall extend to the provi- 10 sions of the Lands Clauses ConsolidationAct 1845and the Compulsory Purchase Act 1965as applied by or incorporated in any other Act.

PART v ENACTMENTSRELATING TO LEGALPR~CEEDINGSAND THE LEGALPROFESSION

15 Chapter Short title I Extent of repeal 25 & 26 Vict. The Land Registry Section 135. c. 53. Act 1862. 32 & 33 Vict. The Evidence Further Section 3. c. 68. Amendment Act 1869. 20 12, 13 & 14 The Solicitors, Public Section l(1) and (5). Geo. 6. c. 21. Notaries, &c. Act 1949. In section 2(2), the proviso. Schedule 2. 2 & 3 Eliz. 2. The Juries Act 1954. The whole Act. c. 41. 25 7 & 8 Eliz. 2. The Rights of Light Section 1. c. 56. Act 1959.

2 & 3 Geo. 6. The Matrimonial Causes Section 25(1). c. 13 (N.I.). Act (Northern 30 Ireland) 1939.

PART VI ENACTMENTSRELATING ONLY TO SCOTLAND

Chapter Titld or short title Extent of repeal 5 Geo. 1. c. 29. The Church Patronage The whole Act. 35 (Scotland) Act 1718. 21 Geo. 2. c. The Cattle Theft (Scot- The whole Act. 34. land) Act 1747.

A4 Statute Law (Repeals) Bill

Chapter Title or short title Extent of repeal 6 Geo. 4. c. 22. The Jurors (Scotland) In section 7, the words “or Act 1825. judge admiral ”and the words “ or to thejudge admiral”. In section 20, the words ‘‘ and 5 in the court of the judge -- admiral”. 7 Geo. 4. c. 38. The Admiralty Offences The whole Act. Act 1826.

11 & 12 Vict. The Entail Amendment In section 26, the words “ or 10 c. 36. Act 1848. in redemption of the land tax affecting such entailed estate,”. Section 41. 18 & 19 Vict. An Act to extend the pro- The whole Act. 15 c. 113(1855). .visions of an Act of the fourteenth and fifteenth years of Her present Majesty, for rebuilding the bridge over the River 20 Ness at Inverness. 4 & 5 Geo. 5. The Entail (Scotland) Section 9. c. 43. Act 1914. 12& 13 Geo. 5. The Allotments (Scot- Section 2(10). c. 52. land) Act 1922. 25 16&17Geo.5. The Burgh Registers In section 1(1), the words from c. 50. (Scotland) Act 1926. ‘‘ Provided that ” onwards. Sections l(2) and 4. Schedule 2. 2 & 3 Geo. 6. The Civil Defence Section 74(2) and (4). 30 c. 31. Act 1939. 9 & 10 Geo. 6. The Atomic Energy In Schedule 1, paragraph 9 c. 80. Act 1946. from “ and rules ” onwards. 10&11Geo.6. The Town and Country In section 57(2)(u), the words c. 53. Planning (Scotland) from the second ‘‘ and ” on- 35 Act 1947. wards. In section 105(1), the word “ one ” and the words “ six and eight ”. Section 106. 40 12, 13 & 14 The Housing (Scotland) Section 40. Geo. 6. c. 61. Act 1949. 14 Geo. 6. c. The Allotments (Scot- Sections 1(2), 2(2), 3(4), 4(4) 38. land) Act 1950. and 14. The Schedule. 45 12 Statute Law (Repeals)Bill

Chapter Title or short title Extent of repeal 5 & 6 Eliz. 2. The Housing and Town In section 13, in subsection (l), c. 38. Development(Scotland) paragraph (b) and the word Act 1957. “and” immediately preceding 5 that paragraph, and in subsection (3) the words “ subsection (1) of section thirty- six,”. Sections 9(8) and 28(2). 10 Schedule 3. 9 & 10 Eliz. 2. The Crofters (Scotland) In section 2(6), the words from c. 58. Act 1961. “ and sectionfour ” onwards. Sections 4(4), 6(6), 9(12), 10, ll(1) and 18(2). 15 In Schedule 1, paragraph 6, and in paragraph 10, sub- paragraphs (U), (c) and (d). Schedule 3. The Local Government The whole Act. 20 1966c. 7* (Pecuniary Interests) (Scotland) Act 1966. 1966 c. 49. The Housing (Scotland) In section 208(1), the definition Act 1966. of “ agriculturalpopulation”. In section 212(1), the words 25 from “ in the case of ”,where they first occur, to “Act, and ”. In Schedule 10, Part I. The Housing (Financial Section 53(2). 30 lg6’ 31’ Provisions) (Scotland) In section 53(3), the words Act 1968. “ or where assistanceis given under section 44 of this Act,” and the words “or that assistance has been so given, 35 as the case may be,”. In section 53(4), the words “or by section 45 of this Act” and the words from ‘‘ or by way of assistance” 40 to the words “ may be,”. In section 53(5), the words “or of section 45 of this Act,” and the words from “ or by way of assistance” 45 onwards. 1969 c. 34. The Housing (Scotland) Section 65. Act 1969. In Schedule 6, paragraphs 33 and 34.

13 308441 A5 Statute Law (Repeals) Bill

Chapter Title or short title Extent of repeal

1581 c. 2. The StipendsAct 1581. The whole Act. -- 1592 c. 9. The Deposition of The whole Act. Ministers Act 1592. 5 1617 c. 19. The Dovecotes Act 1617. The whole Act. 1663 c. 31. The Manses Act 1663. The whole Act. 1695 c. 54. The Soil Preservation The whole Act. Act 1695.

PART VI1 10 TRANSPORTENACTMENTS

Chapter Short title Extent of repeal 10LkllGeo.6. fie Transport Act 1947. Sections 12 to 14, 28, 69, 125, c. 49. 126 and 128. Schedule 3. 15 10& 11Eliz. 2. I’he Transport Act 1962. In section 22, subsections (1) c. 46. and (4), and in subsection (5) the words from the beginning to ‘‘ with the vesting date ”. Sections 23, 33 and 34(1) to (7). 20 In section 36, in subsection(3, the words from the beginning to “ of the Bank of England- ” and subsection(8). Sections 38, 43(9), 56(19), 60, 25 76 to 78, 80, 84(1), 86(7) and 95(1), (2) and (5). Schedules 3 to 5. In Schedule 6, in paragraph 1, sub-paragraphs (2) and (4), 30 in sub-paragraph(5) the words from “Until a scheme” to the end of the sub-paragraph, and in sub-paragraph (6) the words from “ in sub-para- 35 graph (2) ” to ‘‘‘assurance’ and ”. In Schedule 7, paragraphs 3 and 4, paragraphs 18 to 22, and in paragraph 23, sub- 40 paragraphs (1) and (3). Schedule 12. 14 -.

Statute Law (Repeals)Bill

Chapter Short title Extent of repeal 1966 c. 17. The Transport Finances The whole Act. Act 1966. The Transport Act 1968. Sections 38(4), 43(4), 49(6), 5 1968c*73. -- 54(8) and 55(5). In section 94(8), paragraph (6) and the word “and” immediately preceding that paragraph. 10 Sections 107(4), 112(7), 133 and 165. Schedule 18.

The repeal by this Act of Part I1 of Schedule 12 to the Transport Act 1962 shall not affect any saving made by a provision contained 15 in the third column of the said Part 11.

PART VI11 ECCLESIASTICALENACTMENTS

~ ~ ~~ ~~ ~~ Chapter Short title Extent of repeal - 58 Geo. 3. The Church Building The whole Act. 20 c. 45. Act 1818. 59 Geo. 3. The Church Building The whole Act. c. 134. Act 1819. 3 Geo. 4. c. 72. The Church Building The whole Act except Act 1822. sections 13 and 28. 25 In section 13, the words from “ and it shall be lawful ” to “ finally completed ”. 5 Geo. 4. The Church Building The whole Act. c. 103. Act 1824. 30 7 & 8 Geo. 4. The Church Building The whole Act. c. 72. Act 1827. 1 & 2 Will. 4. The Church Building The whole Act. c. 38. Act 1831. 2 & 3 Will. 4. The Church Building The whole Act. 35 c. 61. Act 1832. 1 & 2 Vict. The Pluralities Act 1838. Sections 2 to 27. c. 106. In section 95, the words from “ Every curate shall quit ” to “ and in all other cases ”. 40 Section 106. 15 308447 Statute Law (Repeals) Bill

Chapter Short title Extent of repeal - 1 & 2 Vict. The Church Building The whole Act except c. 107. Act 1838. section 14. 2 & 3 Vict. The Church Building Sections 1to 5 and 8 to 11. c. 49. --Act 1839. 5 3 & 4 Vict. The Church Building The whole Act. c. 60. Act 1840. 3 & 4 Vict. The Ecclesiastical Com- Sections 32, 71,72 and 74. c. 113. missioners Act 1840. 4 & 5 Vict. The Ecclesiastical Com- Sections 3 and 10. 10 c. 39. missioners Act 1841. 5 & 6 Vict. The Ecclesiastical Leasing Sections 12and 13. c. 108. Act 1842. 6 & 7 Vict. The New Parishes The whole Act except section 6. c. 37. Act 1843. In section 6, the words “ Not- 15 withstanding the charge by this Act created ”, the words from ‘‘ and that the consent ” to “ notwithstanding such charge ” and the words from 20 ‘‘ unless it be deemed ” to “ hereby empowered to do ”. 7 & 8 Vict. The Church Building The whole Act. c. 56. (Banns and Marriages) Act 1844. 25 7 & 8 Vict. The New Parishes The whole Act. c. 94. Act 1844. 8 & 9 Vict. The Church Building The whole Act. c. 70. Act 1845. 9 & 10 Vict. The Church Building The whole Act. 30 c. 68. (Burial Service in Chapels) Act 1846. 11 & 12 Vict. The Church Building The whole Act. c. 37. Act 1848. 13 & 14 Vict. The Ecclesiastical Com- Section 27. 35 c. 94. missioners Act 1850. 13 & 14 Vict. The Pluralities Act 1850. Sections 4, 7, 8 and 11. c. 98. 14 & 15 Vict. The Church Building The whole Act. c. 97. Act 1851. 40

16 Statute Law (Repeals) Bill

Chapter Short title Extent of repeal 17 & 18 Vict. The Church Building The whole Act. c. 32. Act 1854. 19 & 20 Vict. The New Parishes The whole Act. 5 c. 104. Act --1856. 21 & 22 Vict. TheEcclesiasticalLeasing Section 10. c. 57. Act 1858. 23 & 24 Vict. The Union of Benefices The whole Act. c. 142. Act 1860. 10 28 & 29 Vict. The District Church The whole Act. c. 42. Tithes Act 1865. 32 & 33 Vict. The New Parishes Acts Sections 1, 8, 10, 11, 12 and 13. c. 94. and Church Building Acts Amendment 15 Act 1869. 34 & 35 Vict. The Union of Benefices The whole Act. c. 90. Acts Amendment Act 1871. 35 & 36 Vict. The Diocesan Boundaries The whole Act. 20 c. 14. Act 1872. 37 & 38 Viet. The Archdeaconries and The whole Act. c. 63. Rural Deaneries Act 1874. 47 & 48 Vict. The New Parishes Acts The whole Act. 25 c. 65. and Church Building Acts Amendment Act 1884. 50 & 51 Vict. The Pluralities Act 1887. The whole Act. c. 68. 30 61 & 62 Vict. The Union of Benefices The whole Act. c. 23. Act 1898.

The repeal by this Act of the enactments specified in this Part of this Schedule shall not affect- (a)anything which by virtue of section 32(l)(b) or (c) of the New 35 Parishes Measure 1943 is unaffected by the repeals effected by that Measure; or (b) the operation of the transitional provisions set out in Schedule 8 to the Pastoral Measure 1968.

17 308441 Statute Law (Repeals) Bill

PART Ix IMPROVEMENT OF LANDACTS

Chapter Short title Extent of repeal 27 & 28 Vict. rhe_Improvementof Land In section 2, the words from c. 114. Act 1864. “ and as regards ” onwards. 5 [n section 3, the words “ the Public Money Drainage Act 1846 and of” and the word ‘‘ other ”. In section 7, the words “or 10 Ireland ”. Section 17 except the words “ Before the Commissioners shall sanction any improvements, notice shall be given 15 of the application by a notice in writing, given to the nearest heir or heirs of entail, not exceeding three, and to the holders of every heritable20 securityon such landsappear- ing upon the records; and in such notices shall be stated the maximum amount which it is proposed to charge in 25 respect of the improvements, and the greatest and least terms over which it is proposed that the rentcharge should be spread; and the 30 Commissionersshallnot sanction the improvements until one month shall have elapsed from the service of such notices, of which service of 35 all necessary notices as afore- said, the landowner shall, if required by the Com- missioners, satisfy them by one or more statutory declar- 40 ations made by him or on his behalf ”. In section 19, the words “or Ireland resmctively ’’. In section 20, the words ‘‘ and 45 Ireland ”. In section 21, the words “or Ireland ”, where first occur- ring, the words “or Ireland respectively ”, and the words 50 from “ as to landsin Ireland ” to “ order direct ”.

18 Statute Law (Repeals) Bill

Chapter Short title Extent of repeal 27 & 28 Vict. TheImprovement of Land In section 23, the words ‘‘ and c. 114-cont. Act 1864-cont. twenty-second” and the words ‘‘ be; and ”. 5 In section 29, the words “ad- vertisement and ”. In section 32, the words “or Ireland ”. In section 56, the words from 10 the beginning to “registry office; and ”. In section 69, the words ‘‘ Ire- land or ”...... 62 & 63 Vict. TheImprovement of Land Section 6. 15 c. 46. Act 1899. 15&16Geo. 5. TheImprovement of Land The whole Act. c. 48. Act (1899) Amendment Act 1925.

PART x 20 ENACTMENTSRELATING TO THE BOARDOF TRADE

Chapter Short title Extent of repeal

~ ~~ 22 & 23 Geo. 5 The Ottawa Agreements In section 12(1), the words c. 53. ’ Act 1932. from “ and any other thing ” onwards. 25 2 & 3 Geo. 6. The Civil Defence Section 86. c. 31. Act 1939. 2 & 3 Geo. 6. The War Risks Insurance Section 20. c. 57. Act 1939. 2 & 3 Geo. 6. The Restriction of Adver- Section 5. 30 c. 120. tisement (War Risks Insurance) Act 1939. 6 & 7 Geo. 6. The War Damage Section 122. c. 21. Act 1943. 12, 13 & 14 The War Damage (Public Section 32. 35 Geo. 6. c. 36. Utility Undertakings, &c.) Act 1949.

19 Statute Law (Repeals)Bill

PART XI MISCELLANEOUSENACTMENTS

Chapter Short title Extent of repeal 7 & 8 Vict. rhe Poor Law Amend- The whole Act. c. 101. ment Act 1844. 5 20 Vict. c. 19. The Extra-Parochial The whole Act. Places Act 1857. 19 &2OGeo. 5. The Local Government In Schedule 10, paragraphs 15 c. 17. Act 1929. and 18. 3 & 4 Geo. 6. The Industrial Assurance The whole Act. 10 c. 10. and Friendly Societies (Emergency Protection from Forfeiture) Act 1940. 14 Geo. 6. rhe Shops Act 1950. In section 2(1), paragraph (a), 15 c. 28. in paragraph (b) the words “.where the foregoing paragraph does not apply”, and the proviso. Section 2(2) and (4). 20 In section 4, paragraph (U). Section 5. In section 6, paragraph (U), and in paragraph (b) the words “ where the foregoing 25 paragraph does not apply ”. Sections 7,8(6), 41(6) and 42(4). In section 74(1), the definition of the expression “ the winter months ”. 30 Schedule 8. 1 & 2 Eliz. 2. The Emergency Laws Section 9. c. 47. (Miscellaneous Provi- In section 13, theword “nine”, sions) Act 1953. the words from “and paragraphs” to “ thereto ”, 35 and the words from “and Part I1 ” onwards. Section 14(2). In Schedule 1, paragraphs 1 to 4. 40 Schedule 3. 8 & 9 Eliz. 2 The Mental Health (Scot- Section 113(2). c. 61. land) Act 1960. In Schedule 4, the entries relating to the Land Tax Redemption Act 1802, the 45 Defence Act 1842, the Regis- tration of Births, Deaths and Marriages (Scotland) 20 Statute Law (Repeals) Bill

Chapter Short title Extent of repeal 8 & 9 Eliz. 2 The Mental Health (Scot- Act 1854, the Building C. 61-cont. land) Act 196Gcont. Societies Act 1874, the Trade Union Act Amendment 5 Act 1876, the Naval Enlist- ment Act 1884, the Local Government (Scotland) Act 1929, the Children and Young Persons (Scotland) 10 Act 1937, the Army Act 1955 and the Air Force Act 1955. Schedule 5.

9 & 10 Eliz. 2. ne Crown Estate Section 9(2) and (4). c. 55. Act 1961. In section 10(3),the words from 15 the beginning to “ Alderney, and ”. Schedule 3.

10 &11Eliz.2. ne Northern Ireland Sections 25(l)(c), 28 and 30(2). c. 30. Act 1962. In Schedule 1, in the entry relating to section 6 of the 20 Evidence by Commission Act 1859 the words from “ the words ‘and for ’”to “omitted and”, the entry relating to 25 the Debtors Act (Ire- land) 1872, in the entry relating to section 124 of the Bankruptcy (Ireland)Amend- ment Act 1872 the words from 30 “ and the words ” onwards, the entries relating to sections 60 and 65 of the Supreme Court of Judicature Act (Ireland) 1877 and the Telegraph Act 1878, in the 35 entry relating to the Settled Land Act 1882 thewords from “ and subsection (5)” onwards, the entries relating to sections 9 and 11 of the , Guardianship of Infants !?.’. ,. . .. . Act 1886, section 33 of the . . Land Law (Ireland) Act 1887, the Railway and Canal Traffic 45 Act 1888 and section 3 of the Supreme Court of Judicature (Ireland) Amendment Act 1888, in the entry relating to the County Court Appeals (Ireland) Act 1889 the words from “ and subsections ” onwards, the entries relating to thepurchaseof Land (Ireland) Act 1891, the Finance 21 Statute Law (Repeals) Bill

Chapter Short title Extent of repeal 10 & 11 Elk.2. The Northern Ireland Act 1894, section 3 of the c. 30-cont. Act 1962-cont. Supreme Court of Judicature (Ireland)(No. 2) Act 1897, the Merchant Shipping Act 1906, 5 the Town Tenants (Ireland) -- Act 1906, the Finance (1909- 10) Act 1910, theTrade Union Act 1913 and the Carriage by Air Act 1932, in the entry 10 relating to the Northern IrelandLand Purchase (Wind- ing Up) Act 1935 the words “the words ‘and orders’ shall be omitted” and the 15 words “and the words ‘or orders’ shall be omitted”, the entries relating to the Re- quisitioned Land and War Works Act 1945, section48 of 20 the Patents Act 1949, Sche- dule 1 to the Registered Designs Act 1949, theElection Commissioners Act 1949, the Therapeutic Substances 25 Act 1956, the Copyright Act 1956, the Defence Con- tracts Act 1958, the Preferen- tial Payments in Bankruptcy Act (Northern Ireland) 1933, 30 the Motor Vehicles and Road Traffic Act (Northern Ireland)1934andthesummary Jurisdiction and Criminal Justice Act (Northern Ire- 35 land) 1935, in the entry relating to the Arbitration Act (Northern Ireland) 1937 the words from ‘‘ and the words ” to the end of the entry, in the 40 entry relating to the Law Reform (Miscellaneous Pro- visions) Act (Northern Ire- land) 1937 the words from “ and paragraph (a)” to the 45 end of the entry, the entries relating to the Industries Development Act (Northern Ireland) 1945 and the Trans- port Act (Northern Ire- 50 land) 1948, in the entry relating to the Roads Act (Northern Ireland) 1948 the words “and the words ‘in manner provided by those 55 ”2 Statute Law (Repeals) Bill

Chapter Short title Extent of repeal 10&11Eliz. 2. The Northern Ireland rules ’ shall be omitted ”, the c. 30-cont. Act 1962-cont. entries relating to the Adop- tion of ChildrenAct (Northem 5 Ireland)1950,theLaw Reform (MiscellaneousProvisions)Act (Northern Ireland) 1951, the Transport (Special Inquiries) Act (Northern Ireland) 1951, 10 the Minerals (Miscellaneous Provisions) Act (Northern Ireland) 1959 and the Nurses and Midwives Act (Northern Ireland) 1959. I 15 Schedules 3 and 4.

PARTXI1 SPENTREPEALINGENACTMENTS

Chapter Short title Extent of repeal I 45 & 46 Vict. The Municipal Corpora- Schedule 1. 20 c. 50. tions Act 1882. 23 &24 Geo.5. The Trout (Scotland) Section 5. c. 35. Act 1933. 14&15Geo. 6. The Local Government Section 4. c. 15. (Scotland)Act 1951. 25 14 &15 Geo.6. The Salmon and Fresh- Section 25(2). c. 26. water Fisheries (Protec- Schedule2. tion)(Scotland)Act 1951. 14&15Geo.6. The Sea Fish Industry Section 29(2). c. 30. Act 1951. Schedule 5. \ 30 14Lk15Geo.6. The Criminal Law Thewhole Act. c. 36. Amendment Act 1951. 14&15Geo. 6. The Finance Act 1951. Section 44(9). c. 43. Schedule 7. 14k15Geo.6. The Midwives Act 1951. Section 34(1). 35 c. 53. Schedule2. 14 &15Geo. 6. The Midwives (Scotland) Section 36(1). c. 54. Act 1951. Schedule 2. 14&15Geo.6. The Nurses (Scotland) Section 35(1). c. 55. Act 1951. Schedule 5. 23 Statute Law (Repeals)Bill

Chapter Short title Extent of repeal 148~15Geo.6. The Mineral Workings Section 43(3). c. 60. . Act 1951. 14&15Geo.6. The Rag Flock and Section 37. c. 63. Other Filling Materials 5 -1951. 14&15Geo.6. The Rivers (Prevention of In section 1(1), the words from c. 64. Pollution)Act 1951. “ and this Act ” onwards. Section 12(2). Schedules 1 and 3. 10 14&15Geo. 6. The Rivers (Prevention of Section 36(3). c. 66. Pollution) (Scotland) Schedule 4. Act 1951. 15&16Geo. 6. The Judicial Offices Section 6(2). & 1 Eliz. 2. (Salaries,&c.) Act 1952. The Schedule. 15 c. 12. 15Lk16Geo.6. The Miners’ Welfare Sections l(1) and 18(3). & 1 Eliz. 2. Act 1952. Schedule 2. c. 23. 15& 16Geo. 6 The Finance Act 1952. In section 76, in subsection (8), 20 & 1 Eliz. 2. paragraphs (a), (b) and (d) c. 33. and in paragraph (c) the word “ and ”. Schedule 14except Part V. 15 & 16Geo. 6 The Motor Vehicles Section 4(1). 25 & 1 Eliz. 2. (International Circula- The Schedule. c. 39. tion) Act 1952. 15& 16Geo. 6 The Customs and Excise Sections 319 and 320. & 1 Eliz. 2. Act 1952. Schedules 11 and 12. c. 44. 30 15& 16Geo. 6 TheRating and Valuation Section 8(3). & 1 Eliz. 2. (Scotland) Act 1952. Schedule 2. c. 47. 15& 16Geo. 6 The Costs in Criminal Section 18(1). & 1 Eliz. 2. Cases Act 1952. The Schedule. c. 48. 15& 16Geo. 6 TheIsleof Man (Customs) Section 5(2). & 1 Eliz. 2. Act 1952. c. 51. 15& 16Geo. 6 The Prison Act 1952. Section 54(2). 40 & 1 Eliz. 2. Schedule 4. c. 52.

24 Statute Law (Repeals) Bill

Chapter Short title Extent of repeal 15& 16Geo. 6 The Magistrates’ Courts Section 132(1). & 1 Eliz. 2. Act 1952. c. 55. 5 158~16Geo.6 The Marine and Aviation Section ll(3). & 1 Eliz. 2. Insmace (War Risks) The Schedule. c. 57. Act 1952. 15 & 16Geo. 6 The .Prisons (Scotland) Section43(2). & 1 Eliz. 2. Act 1952. Schedule 4. 10 c. 61. 15& 16Geo. 6 TheDefamationAct 1952. Section 18(3). & 1 Eliz. 2. c. 66. 15& 16Geo. 6 The Visiting Forces Section 18. 15 & 1 Eliz. 2. Act 1952. c. 67. 1 & 2 Eliz. 2. The Iron and Steel Section 36(2). c. 15. Act 1953. 1 & 2 Eliz. 2. The Births and Deaths Section 43(2). 20 c. 20. RegistrationAct 1953. Schedule 2. 1 & 2 Eliz. 2. The FinanceAct 1953. Section 35(7). c. 34. Schedule 3. 1 & 2 Eliz. 2. The Post Office Act 1953. Section 91(1). c. 36. Schedule 3. 25 1 & 2 Eliz. 2. The Registration Service Section23(2). c. 37. Act 1953. Schedule2. 1 & 2 Eliz. 2. The Auxiliary Forces Section 44. c. 50. Act 1953. Schedule 5. 2 & 3 Eliz. 2. The StatuteLaw Revision Schedules 1to 3. 30 C. 5. Act 1953. In Schedule4, the entry relating to section 22 of the Naval VolunteersAct 1853. 2 & 3 Eliz. 2. The Protection of Birds Section 15(2). c. 30. Act 1954. Schedule 6. 35 2 & 3 Eliz. 2. The CoronersAct 1954. Section l(2). c. 31. The Schedule. 2 & 3 Eliz. 2. The Law Reform (En- The whole Act. c. 34. forcement of Contracts) Act 1954.

25 Statute Law (Repeals) Bill

Chapter Short title Extent of repeal 2 & 3 Eliz. 2. The Law Reform (Limita- sections 1, 5(2), 6(4) and 8(3). c. 36. tion of Actions, &c.) The Schedule. Act 1954. 2 & 3 Eliz. 2. fie Supreme Court section 6(2). 5 c. 38. O€ficers (Pensions) The Schedule. Act 1954. 2 & 3 Eliz. 2. The Slaughterhouses section 20(5). c. 42. Act 1954. Schedule 2. 2 & 3 Eliz. 2. I’he Finance Act 1954. Section 35(9). 10 c. 44. Schedule 6. 2 & 3 Eliz. 2. fieProtection of Animals Section 2(4). c. 46. (Anaesthetics)Act 1954. 2 & 3 Eliz. 2. The Landlord and Tenant Sections 45 and 68(1). c. 56. Act 1954. Schedule 7. 15 2 & 3 Eliz. 2. rhe Baking Industry Section 12(2). c. 57. (Hours of Work) [nsection12(3), the wordsfrom Act 1954. “ Save” to “ section ”. 2 & 3 Eliz. 2. fie Slaughter of Animals In section 11, in subsection (I), c. 59. (Amendment)Act 1954. the words “ Subject to the 20 provisions of this section” and the words from ‘‘and the ” onwards. In Schedule 2, Part 11. 2 & 3 Eliz. 2. I’he Electricity Reorgan- Section 15(2). 25 c. 60. isation (Scotland) Schedule 2. Act 1954. 2 & 3 Eliz. 2, The Pharmacy Act 1954. Section 25(2). c. 61. Schedule 4. 2 & 3 Eliz. 2 The Transport Charges Section 14(1). 30 c. 64. &c. (Miscellaneous Pro- Schedule 2. visions) Act 1954. 2 & 3 Eliz. 2 The National Gallery and Sections 3(2), 6 and 8(2). c. 65. Tate Gallery Act 1954. Schedule 2. 2 & 3 Eliz. 2 The Mines and Quarries Section 189. 35 c. 70. Act 1954. Schedule 5. 3 & 4 Eliz. 2 The Fisheries Act 1955. Section 7(4). c. 7. The Schedule. 3 & 4 Eliz. 2 The Northern Ireland Section 6(3). c. 8. Act 1955. The Schedule. 4.0

26 Statute Law (Repeals) Bill

Chapter Short title Extent of repeal 3 & 4 Eliz. 2. The Imperial War Section 2(5). c. 14. Museum Act 1955. 3 & 4 Eliz. 2. fieRevision of the Army Section 5. 5 c. 20. and Air Force Acts Schedule 4. (TrmzTionalProvisions) Act 1955. 4 & 5 Eliz. 2. The MiscellaneousFinan- Section l(4). c. 6. cialProvisionsAct 1955. [n section 4, in subsection (4) 10 the words from “and the” onwards. Section 5(15). Schedule 2. 4 & 5 Eliz. 2. The Food and Drugs Section 136(1). 15 c. 16. Act 1955. Schedule 11. 4 & 5 Eliz. 2. The Food and Drugs Section 60(2). c. 30. (Scotland)Act 1956. Schedule 3. 4 & 5 Eliz. 2. The Criminal Justice Section 21(3). c. 34. AdmiaistrationAct 1956. Schedule 3. 20 4 & 5 Eliz. 2. The Administration of In section 7(1), the words from c. 46. Justice Act 1956. the beginning to “ but ”. In section 55, in subsection (1) the words from ‘‘ and the ” onwards. 25 Section 57(2). In Schedule 1, Part III. Schedule2. 4 & 5 Eliz. 2. The Clean Air Act 1956. Section 35(1). c. 52. Schedule4. 30 4 & 5 Eliz. 2. The Finance Act 1956. Section 44(9). c. 54. Schedule 5. 4 & 5 Eliz. 2. TheValuationand Rating Section 44. c. 60. (Scotland)Act 1956. Schedule7. 4 & 5 Eliz. 2. The Sexual Offences Section 51. 35 c. 69. Act 1956. Schedule4. 4 & 5 Eliz. 2. The Copyright Act 1956. Section 50(2). c. 74. Schedule9. 4 & 5 Eliz. 2. The Medical Act 1956. Section 57(1). c. 76. Schedule 5. 4.0 5 & 6 Eliz. 2. The Homicide Act 1957. Section 17(2). , c. 11. Schedule2.

,- 27 Statute Law (Repeals)Bill

Chapter Short title Extent of repeal 5 & 6 Eliz. 2. The Nurses Act 1957. Section 34(1). c. 15. Schedule 5. 5 & 6 Eliz. 2. The Nurses Agencies Section 9(1). c. 16. Act-- 1957. \ The Schedule. 5 5 & 6 Eliz. 2. The Cinematograph Films Section 17(5). c. 21. Act 1957. 5 & 6 Eliz. 2. The Dentists Act 1957. Section 51(1). c. 28. Schedule 2. 5 & 6 Eliz. 2. The Naval and Marine Section 2(2). 10 c. 32. Reserves Pay Act 1957. Schedule 2. 5 & 6 Eliz. 2. The Cheques Act 1957. Section 6(3). c. 36. The Schedule. 5 8t 6 Eliz. 2. The Legitimation (Re- Section l(2). c. 39. registration of Birth) 15 Act 1957. 5 & 6 Eliz. 2. The Parish Councils Schedule 2. c. 42. Act 1957. 5 & 6 Eliz. 2. The Exchequer and Audit Section 3(2). c. 45. Departments Act 1957. 20 5 & 6 Eliz. 2. The Judicial Offices Section 3(2). c. 46. (Salaries and Pensions) Schedule 2. Act 1957. 5 & 6 Eliz. 2. The Electricity Act 1957. Section 42(3). c. 48. In section 43, in subsection (4) 25 varagravh (b) and the word 2' and 3,- immediately. . preceding that paragraph. Schedule 5. 5 & 6 Eliz. 2. The Finance Act 1957. Section 42(5). 30 c. 49. Schedule 9. 5 & 6 Eliz. 2. The Naval Discipline Section 137(1). c. 53. Act 1957. Schedule 6. 5 & 6 Eliz. 2. The mation Proceed- Section 12(1). c. 55. ings Act 1957. The Schedule. 35 5 & 6 Eliz. 2. TheFederationof Malaya Section 4(2). c. 60. Independence Act 1957. Schedule 2. 6 & 7 Eliz. 2. The Import Duties Section 16(4). c. 6. Act 1958. Schedule 7.

28 Statute Law (Repeals) Bill

Chapter Short title Extent of repeal 6 & 7 Eliz. 2. The Isle of Man Act 1958. Section l(1) and (2). c. 11. The Schedule. 6 & 7 Eliz. 2. fieCommonwealthInsti- Section 8(4). 5 c. 16. tute 4~31958. Schedule 3. 6 & 7 Elk. 2. The Land Drainage Section 19(2). c. 24. (Scotland) Act 1958. 6 & 7 Eliz. 2. The House of Commons Section 7(2). c. 26. (Redistributionof Seats) 10 Act 1958. 6 & 7 Eliz. 2. The Solicitors (Scotland) Section 18. c. 28. Act 1958. Schedule 3. 6 & 7 Eliz. 2. The Defence Contracts Section 7(1). c. 38. Act 1958. 15 6 & 7 Eliz. 2. The Horse Breeding Section 17(1). c. 43. Act 1958. 6 & 7 Eliz. 2. The Dramatic and Section 9(3). c. 44. Musical Performers’ ProtectionAct 1958. 20 6 & 7 Eh. 2. The Prevention of Fraud Section 28(1). c. 45. (Investments) Act 1958. Schedule2. 6 & 7 Eliz. 2. The StatuteLaw Revision Sections 1to 3. c. 46. Act 1958. Section 4(2). I Schedules 1,2 and 3. 25 6 & 7 Eliz. 2. The Agricultural Market- Section 54(1). c. 47. ing Act 1958. Schedule4. 6 & 7 Eliz. 2. The Public Records Section 13(2). c. 51. Act 1958. In Schedule3, the entryrelating to the Public Records (Scot- 30 land) Act 1937. Schedule4. 6 & 7 Eliz. 2. TheDivorce(Insanityand Section 4(3). c. 54. Desertion)Act 1958. 6 & 7 Eliz. 2. The Local Government In section 56, in subsection (l), 35 c. 55. Act 1958. the words from the beginning to ‘‘ but ”. Section 58(2). In Schedule 8, paragraphs 6(1), 7(3), lO(2) and 11, in para- 40 graph 12 the words from “ and in subsection (3) ” onwards, in paragraph 21 the words “paragraph (c) shall 29 Statute Law (Repeals) Bill

Chapter Short title Extent of repeal 6 & 7 Eliz. 2. The Local Governmeni not have effect” and the c. 55.-cont, Act 1958-cont. words from “and the proviso” onwards, in paragraph 27 the words from “ the 5 proviso” to (where those words secondlyoccur) “ effect and ” and paragraph 29. Schedule9. 6 & 7 Eliz. 2. The Finance Act 1958. Section 40(5). 10 c. 56. Schedule9. 6 & 7 Eliz. 2. The Medical Act 195e Sections 2, 3 and 4(2). c. 58. (Amendment) Act 1958. The Schedule. 6 & 7 Eliz. 2. The Chequers Estate Section 3(7). c. 60. Act 1958. 15 6 & 7 Eliz. 2. The Merchant Shipping Section 8(1) and (6). c. 62. (Liabilityof Shipowners The Schedule. and Others) Act 1958. 6 & 7 Eliz. 2. The Local Government Sections 10, 11 and 22. c. 64. and Miscellaneous Ln Schedule 4, paragraphs 1, 20 Financial Provisions 2, 7 to 9, 11(1), 12, 13(1) and (Scotland) Act 1958. (2), 14, 15, 16(1), 17 and 22. [n Schedule 5, paragraphs 1, 8 to 11,13 to 16, 19, 20 and 22 to 24. 25 schedule6. 6 & 7 Eliz. 2. The InsuranceCompanies Section 36(2) and (3). c. 72. Act 1958. n Schedule 5, Part 11. 7 & 8 Eliz. 2. The Armed Forces(Hous- Section 3(2). c. 1. ing Loans) Act 1958. 30 7 & 8 Eh. 2. The Adoption Act 1958. iection 59(2). c. 5. ichedule 6. 7 8c 8 Eliz. 2. The National Debt iection 17(1). c. 6. Act 1958. fie Schedule. 7 & 8 Eliz. 2. fieManoeuvresAct 1958. iection lO(2). 35 c. 7. 7 & 8 Eliz. 2. rhe Slaughterof Animals lection 12(1). c. 8. Act 1958. lchedule 3. 7 & 8 Eliz. 2. The European Monetary lection 3(3). c. 11. Agreement Act 1959. rhe Schedule. 40 7 & 8 Eliz. 2. rhe Emergency Laws n section 6, the words from c. 19. (Repeal)Act 1959. ‘‘ and section two ” onwards. lection lO(3). ichedule 4. 30 Statute Law (Repeals) Bill

Chapter Short title Extent of repeal 7 & 8 Eliz. 2. The County Courts Section 204. c. 22. Act 1959. Schedule 3. 7 & 8 Elk. 2. The Overseas Resources Section 21(1). 5 c. 23. Development Act 1959. Schedule 2. 7 & 8 Eliz. 2. The Building (Scotland) Section 31(2). c. 24. Act 1959. Schedule 10. 7 & 8 Eliz. 2. The Highways Act 1959. Sections 311 and 312(4). c. 25. In Schedule 22, the entries 10 relating to the Inclosure Act 1845, the Tramways Act 1870, the Evidence Act 1877, the Supreme Court of Judicature (Consolidation) Act 1925 and the Costs in 15 Criminal Cases Act 1952. Also in Schedule 22, in the entry relating to the Annual Turnpike Acts Continuance 1872 Act the words from 1 - 20 “ and the words ” onwards, in the entry relating to the Annual Turnpike Acts Con- tinuance Act 1882 the words from “and the definition” 25 onwards, in the entry relating to the Railway and Canal Traffic Act 1888 the words from “and subsection (3)” in paragraph 1 to the end of 30 paragraph 2, in the entry relatingto the Livestock Rear- ing Act 1951 the words from “and” in paragraph (6) to the end of paragraph (c). 35 I Schedules 23 and 25. 7 & 8 Eliz. 2. The Deer (Scotland) Section 36. c. 40. Act 1959. Schedule 3. 7 & 8 Eliz. 2. The Fire Services Section 1. c. 44. Act 1959. In section 5, the words from 40 “ and paragraphs(U) and (6) ” onwards. In section 6, the words from “ (which enables ” to “ omitted; and ”. 45 Section 14(4). The Schedule. 7 & 8 Eliz. 2. The Metropolitan Magis- The Schedule. c. 45. trates’ Courts Act 1959.

.31 Statute Law (Repeals) Bill

Chapter Short title Extent of repeal 7 & 8 Eliz. 2. The Licensing (Scotland) Section 200(1). c. 51. Act 1959. Schedule 12. 7 & 8 Eliz. 2. The Weeds Act 1959. Section lO(1). c. 54. -- The Schedule. 5 7 & 8 Eliz. 2. The Dog Licences Section 16(1). c. 55. Act 1959. The Schedule. e 7 & 8 Eliz. 2. The Street Offences Section 5(2). c. 57. Act 1959. The Schedule. 7 & 8 Eliz. 2. The Fatal Accidents Section 3(3). 10 c. 65. Act 1959. The Schedule. 7 & 8 Eliz. 2. The StatuteLaw Revision The whole Act. c. 68. Act 1959. 7 & 8 Eliz. 2. The Wages Councils Schedule 6. c. 69. Act 1959. 15 7 & 8 Eliz. 2. The Colonial Develop- Section lO(1). c. 71. ment and Welfare The Schedule. Act 1959. 7 & 8 Eliz. 2. The Mental Health Section 149(2). c. 72. Act 1959. Schedule 8. 20 8 & 9 Eliz. 2. The Judicial Pensions Section 9(2). c. 9. Act 1959. Schedule 3. 8 & 9 Eliz. 2. The Road Traffic Section 267(1). c. 16. Act 1960. Schedule 18. 8 & 9 Eliz. 2. The European Free Trade Section 5. 25 c. 19. Association Act 1960. 8 & 9 Eliz. 2. The Marriage (Enabling) Section l(4). c. 29. Act 1960. The Schedule. 8 & 9 Eliz. 2. The Finance Act 1960. Schedule 8. c. 44. 30 8 & 9 Eliz. 2. The Corporate Bodies’ Section 4(2). c. 46. ContractsAct 1960. The Schedule. 8 & 9 Eliz. 2. The Matrimonial Pro- In section 18, in subsection (l), c. 48. ceedings (Magistrates’ the words from the beginning Courts) Act 1960. to “ Provided that ”. 35 The Schedule. 8 & 9 Eliz. 2. The StatuteLaw Revision Section l(1). c. 56. Act 1960. The Schedule. 8 & 9 Eliz. 2. The Caravan Sites and Section 48. c. 62. Controlof Development Schedule 4. 40 Act 1960. 32 Statute Law (Repeals) Bill

Chapter Short title Extent of repeal 8 & 9 Eliz. 2. Ihe Administration of Section 19(2). c. 65. Justice Act 1960. Schedule4. 9& 10 Eliz. 2. Ihe Administration of In section 6,in subsection (l), 5 c. 3. Justis% (Judges and the words from “and the Pensions) Act 1960. enactments” onwards. In Schedule2,Part 11. 9 & 10 Eliz. 2. The Ministers of the Section 4(2). c. 6. Crown (Parliamentary Schedule2. 10 Secretaries) Act 1960. 9 & 10 Eliz. 2. The Nurses (Amendment) Section 14(2). c. 14. Act 1961. Schedule2. 9 & 10 Eliz. 2. The Carriage by Air Schedule2. c. 27. Act 1961. 15 9& 10 Eliz. 2. The Land Compensation Section 40(3). c. 33. Act 1961. Schedule 5. 9& 10 Eliz. 2. The Factories Act 1961. Section 183(2). c. 34. In section 185(3), the words from “and so” to “sub- 20 sections ”. Schedule7. 9 & 10 Eliz. 2. The Finance Act 1961. Section 37(6). c. 36. Schedule 6. 9 & 10 Eliz. 2. The SmallEstates(Repre- Section 3(4). 25 c. 37. sentation)Act 1961. Schedule2. 9 & 10 Eliz. 2. The Criminal Justice Sections 21 and 41(2). c. 39. Act 1961. Schedule 5. 9 & 10 Eliz. 2. The Sheriffs’ Pensions Sections l(2) and 8(2). c. 42. (Scotland) Act 1961. Schedule2. 30 9& 10 Eliz. 2. The Land Drainage Sections 44 and 54(2). c. 48. Act 1961. In Schedule 1, paragraphs 1, 9, 15, 16 and 24. , Schedule2. ,... .IO, ’ ,

9 & 10 Eliz. 2. The Rivers (Prevention Sections 4(2), 8(2) and 15(4). ., 35 c. 50. of Pollution) Act 1961. Schedule2. 9 & 10 Eliz. 2. TheArmy and AirForce In section 29,in subsection (2), c. 52. Act 1961. in paragraph (U), the words from the beginning to “ omitted; and ¶¶ and paragraph (b). 40 In Schedule 2, the entries relating to Schedule 3 to the Army Act 1955 and to Schedules 3 and 6 to the Air Force Act 1955. 33 Statute Law (Repeals)Bill

Chapter Short title Extent of repeal 9 & IO Eliz. 2. The Human Tissue Section 4(2). c. 54. Act 1961. 9& 10 Eliz. 2. The Suicide Act 1961. Section 3(2). c. 60. -- Schedule2. 5 9& 10 Eliz. 2. The Trustee Investments Section 16(2). c. 62. Act 1961. Schedule 5. 9& 10 Eliz. 2. The Highways (Miscel- In section l(6). the words from c. 63. laneous Provisions) the beginning to the word Act 1961. " and " which immediately 10 follows paragraph (c). Section 12. 9 & 10 Eliz. 2. The Public Health Sections 6(8) and 10(1), (3) c. 64. Act 1961. and (6). In section 24, in subsection (1) 15 the words from "and accordingly" onwards, and subsection (2). Sections25(10), 58,79 and 86(3). Schedule 5. 20 10 & 11 Eliz. 2. The Local Government Sections 5(1) and 12(2). c. 9. (Financial Provisions Schedule 3. etc.)(Scotland)Act 1962. 10 & 11 Eliz. 2. The Education Act 1962. Section 13(1). c. 12. Schedule2. 25 10 & 11Eliz. 2. The Criminal Justice Section 20(2). c. 15. AdministrationAct 1962. Schedule 5. 10 & 11Eliz. 2. TheWest IndiesAct 1962. The Schedule. c. 19. 10 & 11 Eliz. 2. The South Africa Section l(1). 30 c. 23. Act 1962. In section 2, in subsection (3), the words from '' and the" onwards. Schedule 5. 10 & 11 Eliz. 2. The Housing (Scotland) Section 35(2). 35 c. 28. Act 1962. Schedule 5. 10 & 11 Eliz. 2. The Sea Fish Industry Section 37. c. 31. Act 1962. Schedule4. 10 & 11 Eliz. 2. The Building Societies Section 131. c. 37. Act 1962. Schedule 10. 40 10 & 11 Eliz. 2. The Education (Scotland) In section 147,the words from c. 47. Act 1962. the beginning to "Provided that " Scheduie 8. 34 Statute Law (Repeals) Bill

Chapter Short title Extent of repeal

~ ~~ 10 & 11 Eliz. 2. The Law Reform Section 3(2). c. 48. (Husband and Wife) The Schedule. Act 1962. 5 10&11Eliz.2. TheLandlord and Tenant Section 7(4). c. 50. Act -62. The Schedule. 10& 11Eh. 2. The Licensing (Scotland) Section 26(2). c. 51. Act 1962. [n Schedule 2, in paragraph 19 sub-paragraph (6) and the 10 word “ and ” immediately preceding that sub-paragraph, paragraph 20, in paragraph 22 sub-paragraph (b), paragraph 25, in paragraph 29 the words 15 from “ and the words ” onwards, in paragraph 31 the words from “and the words” onwards, in paragraph 35 in sub-paragraph(a) 20 the words from “the definitions of” to “ omitted ”, and in paragraph 36 sub- paragraphs (4,(4and (f). Schedule 3. 25 10& 11 Eliz. 2. The House of Commons Section 2(4). c. 53. Members’FundAct 1962. The Schedule. 1963c. 2. The Betting, Gaming and Section 57(1). Lotteries Act 1963. Schedule 8. 1963c. 3. The Betting Duties Section 6(1). 30 Act 1963. Schedule 3. 1963 c. 6. The Commonwealth Section 2. Scholarships (Amend- ment) Act 1963. 1963 c. 9. The Purchase Tax Section 41(1). 35 Act 1963. Schedule 4. 1963 c. 12. The Local Government [n section 16, the words from (Financial Provisions) “ and as ” onwards. (Scotland) Act 1963. [n section 18, the words from “ and the said ” onwards. 4.0 Section 27. Schedule 3. 1963 c. 24. The British Museum Section 13(5). Act 1963. Schedule 4. 1963c. 29. The Local Authorities Section 8. 45 (Land) Act 1963. The Schedule.

.35 Statute Law (Repeals)Bill

Chapter Short title Extent of repeal 1963c. 30. The StatuteLaw Revision The whole Act. Act 1963. 1963c. 31. The Weights and Section 61. Measures Act 1963. In section 63, in subsection (1) 5 -- the words from the beginning to the word “ and ” where it lirst occurs after paragraph (b), andin subsection(2) the words from the beginning 10 to the word “and” which immediately follows paragraph @). Schedule 9. In Schedule 10, Part V. 15 1963c. 33. The London Government Section 93(1). Act 1963. In Schedule 6, paragraph 67. In Schedule 17, paragraph 29. Schedule 18. 1963c. 35. The Malaysia Act 1963. Section 6(2). 20 Schedule 3. 1963c. 37. The Children and Young Sections 21 and 64(3). Persons Act 1963. In Schedule 3, paragraphs 1, 2, 3, 8 and 12, in paragraph 13 the words from “and the 25 words ” onwards, and paragraph 39. Schedule 5.

1963 c. 43. ’ The Animal Boarding Section 7(2). EstablishmentsAct 1963. 30 1963c. 46. The Local Government Section 16. (Financial Provisions) Schedule 2. Act 1963. .. 1963c. 48. The Peerage Act 1963. Section 7(2). Schedule 2. 35 1963c. 51. The Land Compensation Section 47(3). (Scotland) Act 1963. Schedule 4. 1963 c. 55. The Zanzibar Act 1963. Section 6(3). Schedule 3. 1963c. 59. The Electricity and Gas Schedule 2. 40 Act 1963. 1964c. 12. The Episcopal Church Section l(2). (Scotland) Act 1964.

36 Statute Law (Repeals) Bill

Chapter Short title Extent of repeal 1964c. 15. The Defence (Transfer of Section l(8). Functions)Act 1964. 1964c. 25. The War Damage Section 12. Act 1964. 5 -- Schedule 3. 1964c. 26. The Licensing Act 1964. Section 203(1) and (3). Schedule 15. 1964c. 27. The Salmon and Fresh- The whole Act. water FisheriesAct 1923 10 (Amendment)Act 1964. 1964 c. 28. The Agriculture and Section 7(3). Horticulture Act 1964. 1964c. 29. The Continental Shelf Section 8(2). Act 1964. 15 1964c. 33. The Burgh Police In section 1, the words from (Amendment)(Scotland) “ and accordingly ” onwards. Act 1964. 1964c. 34. The Criminal Procedure Section l(2). (Right of Reply) 20 Act 1964. 1964c. 39. TlieProtectionofAnimals Section l(2). (Anaesthetics)Act 1964. 1964c. 40. The Harbours Act 1964. In section 29, in subsection (l), the words from the beginning 25 to “effect, and” and the word “ other ”. In section 38, in subsection (l), paragraph (a) and in paragraph (c) the words from the beginning to “Act and ”, and 30 subsection (3). Section 39(5). Section 63(3). Schedule 6. 35 1964c. 41. The Succession(Scotland) Section 34(2). Act 1964. In Schedule 2, in paragraph 13, sub-paragraph(U). Schedule 3. 1964c. 42. The Administration of Section 40(1). 40 Justice Act 1964. Section 41(8). In Schedule 3, paragraphs 9, 19(3), 20(5) and 23(2). Schedule 5.

37 Statute Law (Repeals) Bill

Chapter Short title Extent of repeal

1964 c. 47. The Merchant Shipping In section 9, paragraph (a). Act 1964. Section 18(4). 1964 c. 48. The Police Act 1964. Section 64(3). In Schedule 9, the entries 5 -- relating to section 9 of the Metropolitan Police Act 1839 and the Metropolitan Police Staff (Superannuation) Act 1875, in the entry relating to 10 section5 of theRiot(Damages) Act 1886 the words from “ and the words ” to the word “ omitted ” where it flrst occurs thereafter and the 15 words “and subsection (4) shall be omitted ”, and the entry relating to the Betting, Gaming and Lotteries Act 1963. 20 Schedule 10. 1964 c. 49. The Finance Act 1964. In Schedule 8, paragraphs 2, 8 and 10. Schedule 9 except paragraphs 1 to 4 at the end of that 25 Schedule. 1964 c. 50. The Tenancy of Shops The whole Act. (Scotland) Act 1964. 1964 c. 51. The Universities and Section 4(2). CollegeEstatesAct 1964. In Schedule 3, in Part I, in the 30 entry relating to section 10 of the Kendal Corn Rent Act 1932 the wordsfrom‘‘and in subsections (3) and (4)” onwards and in the entry 35 relating to section 11 of that Act the words from “ and the words” onwards, and in Part I1 the entry relating to Schedule 1to the Universities 40 and College Estates Act 1925. Schedule 4. 1964 c. 57. The Adoption Act 1964. Section 2(2). 1964 c. 60. The Emergency Laws Schedule 2. (Re-enactments and 45 Repeals) Act 1964. 1964 c. 65. TheZambiaIndependence Section 11(3). Act 1964. Schedule 3.

38 Statute Law (Repeals)Bill

Chapter Short title Ext& of repeal 1964 c. 72. The Fishery Limits Section 3(4). Act 1964. In Schedule 1, the entries relating to the Sea Fisheries 5 (Scotland) Amendment Act 1885, the Fisheries Act 1891 and the Sea Fish Industry Act 1962. Schedule 2. 10 1964 c. 75. The Public Libraries and Section 26(2). Museums Act 1964. Schedule 3. 1964 c. 79. The StatuteLaw Revision The whole Act. Act 1964. 1964 c. 80. The StatuteLaw Revision Section 1. 15 (Scotland) Act 1964. Schedule 1. 1964 c. 81. The DiplomaticPrivileges Section 8(4). Act 1964. Schedule 2. 1964 c. 84. The Criminal Procedure Section 8(5). (Insanity) Act 1964. In Schedule 2, in Part I, in the 20 entrvrelatingtosection116(1), the words frGm “ The words’’ to “ omitted, and ”, the entry specifying the omissions to be made from section 116(5) 25 and, in Part 11, in the entry relating to section 63(1) the words from “ (U) ” to “ omitted, and ”. 1964 c. 86. The Malta Independence Section 4(6). 30 Act 1964. Schedule 3. 1964 c. 92. The Finance (No. 2) Section lO(4). Act 1964. Schedule 4. 1964 c. 95. The Travel Concessions Section l(2). Act 1964. 35 1964 c. 98. The Ministers of the Section 34). Crown Act 1964. In Schedule 2, in Part I, in the entrv relating to section 2 of the House 07 Commons Dis- qualification Act 1957, the 40 words from “ and the words from” onwards, and, in the

,) ,) entry relating to Schedule 2 to that Act, the words from “the words ‘Part I”’ to 45 ‘‘ omitted ” where it first occurs thereafter and the

39 Statute Law (Repeals) Bill

Chapter Short title Extent of repeal

1964 c. 98- TheMinisters of the words from “ the entry relatd cont. Crown Act 1964.-cont. ing to the Economic Sec- retary ” to <‘ omitted ”. Schedule 3. 5 1965 c. 2. The- Administration of Sections 22(4), 34(1) and 36(4). Justice Act 1965. In Schedule 1, in the entry relating to the Court Funds Act 1829, the words from ‘‘ and the words ” onwards, 10 in the entry relathg to the Ecclesiastical Houses of Resi- dence Act 1842, the words from “ and the words ” onwards, and in the entry 15 relating to section 80 of the Lands Clauses Consolidation Act 1845, the words from “the words ‘in”’ to “ omitted ”. 20 Schedules 2 and 3. 1965 c. 4. The Science and Tech- In Schedule2, the entry relating nology Act 1965. to sections 3 and 4 of the Geological Survey Act 1845 and in the entry relating to 25 section6 of that Act the words from “and the words” onwards. Schedule 4, except the entry relating to the Atomic Energy 30 Authority Act 1959. 1965 c. 9. The Armed Forces In section 1(5)(6) the words (Housing Loans) Act from “ and the following” 1965. onwards. In the Schedule, in Part I, 35 paragraphs 2(c) and 3. 1965 c. 11. The Ministerial Salaries Section 20(2) and (3). and Members’ Pensions Schedule 5. Act 1965. 1965 c. 12. The Industrial and Pro- Section 77(1). 40 vident SocietiesAct 1965. Schedule 5. 1965 c. 13. The Rivers (Prevention of Sections 4(2), 9(2) and 17(6). Pollution) (Scotland) In Schedule 3, the entries Act 1965. relating to sections 22(5) and (7), 24, and 28(1), (3), (3,(6),45 (lo), (11) and (13) of the Rivers (Prevention of Pol- lution) (Scotland) Act 1951. Schedule 4. Statute Law (Repeals) Bill

Chapter Short title Extent of repeal 1965 c. 26. fie Criminal Justice Section 2(4). Act 1965. 1965 c. 32. The Administration of In Schedule 3, in the entry 5 Estates(SmallPayments) relating to the Loan Societies Act I965 Act 1840 the words from “the words ‘under”’ to “omitted;”, in each of the entries relating respectively 10 to the Great Western Railway Act 1885, the Taff Vale Railway Act 1895, the Friendly Societies Act 1896, the London Midland and 15 Scottish Railway Act 1924 and the Southern Railway Act 1924 the words “the words ‘intestateand ’shallbe omitted, and ”, the entries 20 relatingtosection46(1)and (4) of the Building Societies Act 1962 and in the entry relating to section 46(2) of that Act the words from .25 ‘‘ and the words ” onwards, and in the entry relating to the Industrial and Provident Societies Act 1965 the words from “ the word ‘intestate ’” 30 to “ omitted, and ”. Schedule 4. 1965 c. 38. The Overseas Develop- Section 3(3). ment and Service The Schedule. Act 1965. 35 1965 c. 39. The Criminal Procedure Section l(4). (Scotland) Act 1965. 1965 c. 43. fie Statutory Orders Section l(3). (Special Procedure) In section l(4) the words from Act 1965. “ and the proviso ” onwards. 40 - Section 2(4). The Schedule. 1965 c. 47. The Merchant Shipping Section 7(2). Act 1965. In Schedule 1, the entryrelating to section371 of the Merchant 45 Shipping Act 1894. Schedule 2. 1965 c. 49. The Registration of Section 58(2). Births, Deaths and Schedule 2. Marriages (Scotland) 50 Act 1965. 41 Statute Law (Repeals) Bill

Chapter Short title Extent of repeal 1965 c. 55. The Statute Law Re- Section l(1). vision (Consequential The Schedule. Repeals) Act 1965. 1965 c. 57. The Nuclear Installations Section 29(1). 5 Act 1965. 1965 c. 59. The New Towns Section 56(3). Act 1965. Schedule 12. 1965 c. 69. The Criminal Procedure Sections l(4) and 7(2). (Attendance of Witnes- [n section 10, subsection (2), 10 ses) Act 1965. and in subsection(3) thewords from “and the enactments mentioned ” onwards. [n Schedule 2,Part 11. 1965 c. 71. The Murder (Abolition Section 3(2). 15 of Death Penalty) Act The Schedule. 1965. 1965 c. 82. The Coal Industry Section 5(3). Act 1865. Schedule 2. 1966 c. 4. The Mines (Working Schedule 1. 20 Facilities and .Support) Act 1966. 1966 c. 5. TheStatuteLaw Revision The whole Act. Act 1966. 1966 c. 13. The Universities (Scot- Section 14. 25 land) Act 1966. Schedule7. 1966 c. 19. The Law Reform (Mis- Section 1l(2). cellaneous Provisions) The Schedule. (Scotland) Act 1966. 1966 c. 20. The Ministry of Social Section 39(3). 30 Security Act 1966. Schedule 8. 1966 c. 21. The Overseas Aid Section 6(1). Act 1966. 1966 c. 30. The Reserve Forces Section 23(7). Act 1966. Schedule 2. 35 1966 c. 31. The Criminal Appeal Section lO(2). Act 1966. Schedule 3. 1966 c. 34. The Industrial Develop- In section 31,in subsection (4), ment Act 1966. the words from “and the enactments ” onwards. 40

42 Statute Law (Repeals) Bill

Chapter Short title Extent of repeal 1966 c. 34- The Industrial Develop- In Schedule 3, in Part 11, the cont. ment Act 1966-cont. entry relating to the House of Commons Disqualification 5 Act 1957, and Part IV. 1966 c. 35. The -hnily Provision In section 10, in subsection (2), Act 1966. the words from the beginning to “ Act; and ”. Schedule 2. 10 1966 c. 38. The Sea Fisheries Regula- Section 21(1). tion Act 1966. The Schedule. 1966 c. 39. The Land Registration Sections l(1) and 2(3). Act 1966. The Schedule. 1966 c. 42. rhe Local Government Sections 35(1) and 43(2). 15 Act 1966. In Schedule 3, Part I. Schedule 6. 1966 c. 44. TheNew TownsAct 1966. Section 3. 1966 c. 45. The Armed Forces Section 11. Act 1966. In section 19, the words from 20 “ and section 219 ” onwards. Sections 20(4)(b), 34 and 37(2). Schedule2. In Schedule 3, in paragraph 2, the words from ‘‘ and accord- 25 ingly ” to “effect ”. In Schedule 4, the entries relating to section 59 of the Army Act 1955, section 59 of the Air Force Act 1955, and 30 sections 123(2) and 126(3) of and Schedule 2 to the Naval Discipline Act 1957. Schedule 5. 1966 c. 51. The Local Government Sections 42(1) and 48(2). (Scotland)Act 1966. In Schedule4, Part I. e 35 Schedule 6.

43 APPENDIX 2 EXPLANATORYNOTEON THE DRAFT BILL Clause 1 repeals the enactments mentioned in the Schedule. Clause 2 re-enacts all that is still required of the Industrial Assurance and Friendly Societies (Emergency Protection from Forfeiture)Act 1940, which is repealed by Part XI of the Schedule. It makes for greater clarity to repeal the whole of the 1940 Act and to re-enact so much of its provisions as are still required rather than to repeal only so much of the 1940 Act as is spent. The Bill applies to the United Kingdom. Clause 3(2) provides that specified repeals may be extended by Order in Council to the Channel Islands and the Isle of Man.

SCHEDULE ENACTMENT§ REPEALED PART 1 ENACTMENTSRELATING TO SECURITY REQUIRED FROM PUBLIC OFFICERS The enactments included in this Part of the Schedule relate to the taking of financial security from persons employed by the Crown and entrusted with public monies “ and who by reason thereof shall be required to give security with surety or sureties or otherwise”. No government department now makes use of any of the enactments proposed for repeal. Following the historic reforms of government accounting practices which, inter alia, gave rise to the Exchequer and Audit Departments Act 1866, it has for more than 100 years been the policy of the Treasury to dispense with the giving of security by public officers entrusted with public money. The exposure and prosecution of defaulters, without exception and in all circumstances, is thought to offer in the long run a much more efficacious guarantee against the dishonesty of public servants than any pecuniary indemnity which it is possible to extract from them. PART 11 ENACTMENTSRELATING TO OBSOLETE TAXES The repeals proposed in this Part of the Schedule are of enactments relating to- (a) the special contribution which is an obsolete personal tax; and

5 (b) the following obsolete taxes relating to trades and businesses, namely, excess profits duty, excess profits tax and the excess profits levy. 44 OTHERFINANCIALENACTMENTS The repeal proposed to the Metropolitan Police (Receiver) Act 1867 would rid the statute book of an obsolete requirement to lay the accounts of the Metropolitan Police Fund before Parliament. The audited account of that Fund now appears in the Civil Appropriation Accounts. The Act of 1869 %-spent. It enabled the first Baron Napier of Magdala, who died in 1890, to receive his full salary as member of council of the Presidency of Bombay, notwithstanding his being in receipt of an annuity from the Crown. The repeals proposed to the Inland Revenue Regulation Act 1890 would rid that Act of the definitionsof some expressions which are no longer used in it. The Trade Facilities Act 1921 is spent because there are no longer any loans to which it applies, and the proposed repeals of section 1 of the 1922 Act and of the Trade Facilities Act 1926 are consequential. There is no longer any need for section 3(2) of the 1922 Act. The paragraph proposed for repeal in the Finance Act 1925 contains a provision which is no longer necessary as respects liabilityto tax for any period before the commencement of the Act. Sections 30 and 65 of the Government Annuities Act 1929 are spent in consequence of the termination by section 33 of the Finance Act 1962 of the power of the National Debt Commis- sioners to grant annuities and insurances. The words proposed for repeal in the India (Consequential Provision) Act 1949 are unnecessary by reason of section 34(3) of the Finance Act 1954. The words proposed for repeal in the Foreign Compensation Act 1950 are unnecessary by reason of the repeal in 1960 of the law of mortmain. The parts of the Finance Act 1962 proposed for repeal consist of a spent transitional provision and a spent repealing enactment. The repeal proposed in section 94(1) of the Finance Act 1965 is consequential on a repeal made in 1971. Each of the provisions proposed for repeal in the Finance Act 1969 is spent because the enactment which it amended has been repealed or because it relates to gaming machine licences which expired in September 1970 or because of the abolition for the year 1971-72 and subsequent years of assessment of the charge to income tax of short-term capital gains. 45 The enactments proposed for repeal in the Finance Act 1970 consist of spent provisions relating to the repayment of duty for a betting premises licence or a gaming licence, a spent repealing enactment and a provision which is spent because the enactment which it amended has been repealed. The proposed repeal to the Betting and Gaming Quties Act 1972 is consequential on the proposed repeal of section 3(8) of the Finance Act 1969.

ENACTMENTSRELATING TO LAND ACQUISITION POWWS Sections 59 and 60 of the Lands Clauses Consolidation Act 1845 consist of provisions one of which is unnecessary and the others of which requiring declarations of correctness and impartiality are inappropriate now that the compensation in absent and - untraced owner cases is determined by'surveyor members of the Lands Tribunal holding full-time appointments in that office instead of by surveyors involved in private practice. The proposed repeal in section 61 is consequential. Section 135 of the 1845 Act is an obsolete provision making tender of amends a defence for wrongful distress and the like, a matter now provided for by rules of court, and section 140 is an archaic provision which allows distress to be brought, as a last resort, against the "treasurer " of an acquiring authority. Section 24(5) of the Compulsory Purchase Act 1965 deals with acquiring authorities purchasing in consideration of a rentcharge, and adjusts their borrowing powers. It is doubtful if there are any acquiring authorities to which section 24(5) could apply. If there are its effect is insignificant. Section 29(2) of the 1965 Act is another obsolete provision making tender of amends a defence and the parts of section 30 proposed for repeal contain provisions for the service of notices that are unnecessary in view of the wider powers in section 30(3). Sections 33 and 34 of the 1965 Act apply Part I of the Act to certain cases, subject to modifications. The parts of the sections proposed for repeal contain modifications which are unimportant and their removal would have the result that the code in Part I is applied more nearly uniformly. The provision proposed for repeal in Schedule 1 to the 1965 Act is spent, and the provisions proposed for repeal in Schedule 2 contain requirements as to declarations of correctness and impartiality which are no longer appropriate now that the valuer is a surveyor member of the Lands Tribunal. 46 The repeal proposed in Schedule 6 to the 1965 Act is of an anomalous provision applying to certain powers of purchasing land by agreement the provisions of the Land Clauses Act relating to superfluous land. Paragraph 11 of Schedule 5 to the Forestry Act 1967 applies Part I of the Compulsory Purchase Act 1965 to acquisitions under this Act of 1967 subject to the unimportant modifications contained in the provisions now proposed for repeal. The effect of the repeals would be that the code in Part I of the 1965 Act is applied more near1yTEWormly.

PART v ENACTMENTSRELATING TO LEGAL PROCEEDINGS AND THE LEGAL PROFESSION Section 135 of the Land Registry Act 1862 is obsolete. As respects the exercise of functions under the Act it equates solicitors of the Palatine Courts of Durham and Lancaster with solicitorsof the High Court of Chancery. Since 1874 all solicitors in England and Wales have been solicitors of the Supreme Court and the Palatine Courts are now merged with the High Court. The unrepealed residue of section 3 of the Evidence Further Amendment Act 1869 is superfluous having regard to the enactments contained in section 2 of the Evidence Act 1851 and section 1 of the Evidence Amendment Act 1853. The provisions proposed for repeal in the Solicitors, Public Notaries, &c. Act 1949 consist of a spent repealing enactment and a spent transitional provision.

’ The Juries Act 1954 is a spent repealing enactment. Section 1 of the Rights of Light Act 1959 contains temporary provisions, designed to deal with the abnormal conditions obtaining at the time it was enacted, which are spent.

Act of the Parliament of Northern Ireland The unrepealed residue of section 25(1) of the Matrimonial Causes Act (Northern Ireland) 1939 is superfluous for the same reason as in the case of section 3 of the Evidence Further Amendment Act 1869.

PART VI ENACTMENTSRELATING ONLY TO SCOTLAND The unrepealed residue of the Church Patronage (Scotland) Act 1718 is obsolete as the result of the abolitionby an Act of 1874 of the right of private patrons to present ministers to churches in Scotland. 47 The unrepealed residue of the Cattle Theft (Scotland) Act 1747 contains a provision as to evidence and witnesses which is merely declaratory of the common law. The words proposed for repeal in the Jurors (Scotland) Act 1825 contain references which are obsolete as the result of the abolition by the Court of Session Act 1830 of the Court of Admiralty. The Admiralty Offences Act 1826 which provides for the trying of offence_s_committedat sea has already been repealed for England and Wales and for Northern Ireland. Although the Act may still apply in Scotland it is obsolete and would never be invoked at the present day. The repeal proposed to section 26 of the Entail Amendment Act 1848 is of an obsolete reference to land tax which has been abolished, and section 41 of that Act and section 9 of the Entail (Scotland) Act 1914 are spent as a result of the repeal by an Act of 1961 of the Accumulations Act 1800. The Act of 1855 relating to the bridge over the River Ness at Inverness is spent. The further advances authorised by the Act for rebuilding the bridge have long since been repaid. Section 2(10) of the Allotments (Scotland) Act 1922 is a spent provision relating to tenancies which terminated, or as respects which certain steps were taken, before the commencement of the Act. The parts of section 1 of the Burgh Registers (Scotland) Act 1926 proposed for repeal provide for circumstances that can I no longer arise and section 4 and Schedule 2 are spent repealing I

enactments. I The provisions proposed for repeal in the Civil Defence Act 1939,the Atomic Energy Act 1946and the Town and Country Planning (Scotland) Act 1947 are unnecessary as the result of the coming into force in Scotland on 1 March 1971 of section 1 of the Lands Tribunal Act 1949. Section 40 of the Housing (Scotland) Act 1949 is spent in consequence of the repeal by an Act of 1972 of the Housing (Rural Workers) Acts 1926 to 1942. The provisions of the Allotments (Scotland) Act 1950 proposed for repeal are spent because they relate to notices given before the passing of the Act or to tenancies which terminated, or as respects which certain steps were taken, before the passing of the Act or because they are spent repealing enactments. The provisions proposed for repeal in the Housing and Town Development (Scotland) Act 1957 are spent or unnecessary in consequence of repeals already made or are spent repealing enactments. 48 The provisions of the Crofters (Scotland) Act 1961 proposed for repeal consist of spent repealing enactments and of other provisions which have become spent with the effluxion of time. The Local Government (Pecuniary Interests) (Scotland) Act 1966 is spent because the enactments which it amended have been repealed. The repeals proposed to the Housing (Scotland) Act 1966 are of definitions which are no longer necessary as the result of repeals already madeor of spent repealing enactments. The repeals proposed to the Housing (Financial Provisions) (Scotland) Act 1968 are of provisions which are no longer necessary as the result of repeals already made. The provisions proposed for repeal in the Housing (Scotland) Act 1969 are spent in consequence of the repeal of the enactments which they amended.

Acts of the Parliament of Scotland The unrepealed residue of the Stipends Act 1581 provides that there shall be a minister for every parish kirk and that a suflicient and reasonable stipend shall be paid to him. The responsibility for providing ministers and making payment of stipend now rests with the Church authorities under the Church of Scotland Act 1921 and subsequent legislation. The Deposition of Ministers Act 1592, which in certain circumstances terminated the minister’s right to income and vacated the benefice, is now superseded by the autonomous powers conferred on the Church of Scotland. The Dovecotes Act 1617 which placed restrictions on the building of dovecotes is now superseded and no longer of practical utility. The Manses Act 1663 contains provisions as to the mainten- ance of manses which have been superseded by later legislation. The Soil Preservation Act 1695, which makes it an offence to pull up bent, juniper and broom bushes bordering on coastal sand hills, is no longer enforced and is no longer of practical utility.

TRANSPORTENACTMENTS The only remaining substantive enactments in the Transport Act 1947 consist of spent vesting provisions which after their repeal will continue to have effect as evidence of title. 49 The repeals proposed to the Transport Act 1962 are of provisions which became spent on the dissolution of the British Transport Commission on 1 January 1964, spent vesting provisions which after their repeal will continue to have effect as evidence of title, other provisions which had effect on their coming into operation and were then spent, spent transitional provisions, provisions which are spent because the periods to which they relate or during which they were exercisable have expired, and spent repealing enactments. -- The proposed repeal of the Transport Finances Act 1966 is consequential on the proposed repeal of the relevant provisions in section 22 of the 1962 Act and of section 23 of that Act. With the exception of section 133, the provisions proposed for repeal in the Transport Act 1968 are spent repealing enactments. Section 133 provides that the Road Traffic Regulation Act 1967 is to be printed as amended by specified enactments, but the Act of 1967 has since been further amended by later enactments.

ECCLESIASTICALENACTMENTS So far as concerns the Church of England all the enactments proposed for repeal in this Part of the Schedule were repealed for the whole of the provinces of Canterbury and York except the Channel Islands and the Isle of Man by a Church Assembly Measure of 1943 or 1968.

None of the enactments in question extended to Scotland or I Northern Ireland and because they do not apply to the Church in Wales it is proposed to remove them from the statute book except in so far as they extend to the Channel Islands and the Isle of Man.

PARTIX

IMPROVEMENT OF LAND ACTS The repeals proposed to the Improvement of Land Acts 1864 and 1899 are of provisions which are obsolete because the Acts no longer apply to Northern Ireland or in consequence of repeals already made. The Improvement of Land Act (1899) Amendment Act 1925 is a spent repealing enactment. 50 PART x ENACTMENTS RELATING TO THE BOARD OF TRADE The enactmentsproposed for repeal in this Part of the Schedule, which relate to the exercise of the functions of the Board of Trade, are superseded by section 14 of the Industrial Expansion Act 1968. PART XI -MISCELLANEOUSENACTMENTS The Poor Law Amendment Act 1844 contains provisions as to defraying expenses incurred on the perambulation of a civil parish, which are now covered by provisions in the Local GovernmentAct 1972. The Extra-Parochial Places Act 1857 provides that for certain purposes extra-parochial places shall be deemed to be parishes. Now that the parish is no longer the primary unit the Act is unnecessary. The provisions in the Local Government Act 1929 proposed for repeal are spent because the enactments they adapted have been repealed. The proposed repeal of the Industrial Assurance and Friendly Societies (Emergency Protection from Forfeiture) Act 1940 will be accompanied by the enactment of clause 2 of this Bill which reproduces all that is still required of that Act. The repeals pfoposed to the Shops Act 1950 are of spent repealing enactments or of provisions which no longer have effect by reason of the revocation by Qrder in Council of provisions in the Act relating to general closing hours in the winter months. The repeals proposed to the Emergency Laws (Miscellaneous Provisions) Act 1953 are of spent repealing enactments or of provisions which relate to those enactments. The repeals proposed to the Mental Health (Scotland) Act 1960 are of spent repealing enactments or of provisions which are spent because the enactments which they amended have been repealed. The parts of the Crown Estate Act 1961 proposed for repeal consist of a spentvestingprovision and spent repealingenactments. The repeals proposed to the Northern Ireland Act 1962 are of spent repealing enactments or of provisions which are spent because the enactments which they amended have been repealed. PART XI1 SPENT REPEALING ENACTMENTS AU the repeals proposed in this Part of the Schedule are of spent repealing enactments.

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