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Fourteenth Report: Draft Statute Law Repeals Bill

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Fourteenth Report: Draft Statute Law Repeals Bill The Law Commission and The Scottish Law Commission (LAW COM. No. 211) (SCOT. LAW COM. No. 140) STATUTE LAW REVISION: FOURTEENTH REPORT DRAFT STATUTE LAW (REPEALS) BILL Presented to Parliament by the Lord High Chancellor and the Lord Advocate by Command of Her Majesty April 1993 LONDON: HMSO E17.85 net Cm 2176 The Law Commission and the Scottish Law Commission were set up by 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 Mr Trevor M. Aldridge, Q.C. Mr Jack Beatson Mr Richard Buxton, Q.C. Professor Brenda Hoggett, Q.C. The Secretary of the Law Commission is Mr Michael Collon. 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, C.B.E. Sheriff I.D.Macphail, Q.C. Mr W.A. Nimmo Smith, Q.C. The Secretary of the Scottish Law Commission is Mr K.F. Barclay. Its offices are at 140 Causewayside, Edinburgh EH9 1PR. .. 11 THE LAW COMMISSION AND THE SCOTTISH LAW COMMISSION STATUTE LAW REVISION: FOURTEENTH REPORT Draft Statute Law (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 Earlsferry, Q.C., Her Majesty's Advocate. 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. The report is submitted in pursuance of the Law Commissions' programmes on statute law. The broad objective of those programmes is to modernise and simplify the statute book. 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. In this report the Law Commission also makes a recommendation for the reinstatement of a statute of George III which was repealed by the Statute Law (Repeals) Act 1978. - Information recently made available to the Law Commission shows that a power to make rules and orders under that statute has been relied upon, both before and after 1978, for the purpose of regulating the use of a common in the London Borough of Barnet. The recommendation is discussed in Appendix 3 and would be implemented by clause 2 of the draft Bill. 1 HENRYBROOKE, Chairman, Law Commission TREVORM. ALDRIDGE JACK BEATSON RICHARD BUXTON BRENDAHOGGETT MICHAELCOLLON, Secretary C.K. DAVIDSON,Chairman, Scottish Law Commission E.M. CLJYE PHILIP N. LOVE IAIN MACPHAIL W.A. NmOSMITH KENNETH F. BARCLAY,Secretary 6 April 1993 2 APPENDIX 1 Statute Law (Repeals) Bill ARRANGEMENT OF CLAUSES Clause 1. Repeals and associated provisions. 2. 17 Geo.3 c.17 deemed not to have been repealed by 1978 c.45. 3. Extent. 4. Short title and commencement. SCHEDULES: Schedule 1-Repeals. Part I-Administration of Justice. Part II-Agriculture, Fisheries and Food. Part III-Allotment Law. Part IV-Commons and Open Spaces. Part V-Companies. Part VI-Ecclesiastical Law. Part VII-Explosives. Part VIII-Family Law. Part IX-Finance. Part X-Local Government. Part XI-Parliamentary and Constitutional Provisions. Part XII-Pharmacy. Part XIII-Property Law. Part XIV-Statutory Interpretation Provisions. Part XV-Transport. Part XVI-Miscell aneous. Schedule 2-Consequential and Connected Provisions. Part I-Amendments Relating to Summary Jurisdiction. Part II-Other Provisions. 3 Statute Law (Repeals) 1 DRAFT OF A BILL INTITULED An Act to promote the reform of the statute law by the repeal, in A.D. 1993. 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; and to correct a mistake in the Statute Law (Repeals) Act 1978. 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 1to this Act are hereby Repealsand 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) The Act of the 17th year of King George the third entitled “An 17Geo.3c.17 Act for dividing the Chase of Enfield in the County of Middlesex; and for deemednotto 10 other Purposes therein mentioned” shall be deemed not to have been ~~~~~~~~y1978 repealed by Part XIV of Schedule 1 to the Statute Law (Repeals) Act c.45. 1978. (2) Nothing in subsection (1) shall be construed- (a) as affirming the legal effect of any provision of the Act which was 15 not of legal effect immediately before the repeal, or of anything done or purportedly done under the Act, or (b) as imposing any liability in respect of anything done between the date of the repeal and the commencement of this section. 3.-( 1) This Act extends to England and Wales, Scotland and Northern Extent. 20 Ireland. 5 .~. ... 2 Statute Law (Repeals) (2) Any repeal by this Act of an enactment which extends to the Isle of Man also extends there; and Her Majesty may by Order in Council 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. 5 (3) Her Majesty may by Order in Council provide that the amendment made by paragraph 3 of Schedule 2 to this Act shall on a date specified in the Order extend to the Isle of Man, any of the Channel Islands or any colony subject to such modifications as may be so specified. (4) Except as mentioned in subsection (2) or (3) above, this Act does 10 not repeal or amend any enactment so far as the enactment forms part of the law of a country outside the United Kingdom. Shorttitle and 4.-( 1) This Act may be cited as the Statute Law (Repeals) Act 1993. commencement. (2) The repeal by this Act of- 1939 c.117 (a) paragraph 5 of Schedule 2 to the National Loans Act 1939, 15 1946 c.27 (b) paragraph 10 of Schedule 1tu the Bank of England Act 1946, and 1946 c.59 (c) section 33(8) of the Coal Industry Nationalisation Act 1946, shall have effect, so far as relating to stock registered in the National Savings Stock Register, on the coming into force of the first regulations 1972 c.65 made by virtue of section 3(1) (bb) of the National Debt Act 1972. 20 1978c.11 (3) The repeal by this Act of the Shipbuilding (Redundancy Payments) 1985c.14 Act 1978 and section 1 of the Shipbuilding Act 1985 shall come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint. 6 Statute Law (Repeals) 3 SCHEDULES SCHEDULE 1 REPEALS PARTI 5 ADMINISTRATIONOF JUSTICE Chapter or Number Short title Extent of repeal Group 1 - General Repel I 10 20 Geo. 2 c.43. Heritable Jurisdictions Sections 1,2,24,26 and (Scotland) Act 1746. 27. ’ 12 Geo. 3 c.24. Dockyards, etc. Protection The whole Act as it Act 1772. applies to the Isle of Man. 15 32 Geo. 3 c.56. Servants’Characters Act The whole Act as it 1792. applies to Scotland. Section 6 as it applies to England and Wales. 41 Geo. 3 c.79. Public Notaries Act 1801. Section 16. 20 1& 2 Will. 4 Game Act 1831. Section 42. c.32. 3 & 4 Will. 4 Judicial CommitteeAct Section 9 from “and every c.41. 1833. such witness” onwards. 6 & 7 Vict. c.30. Pound-breach Act 1843. The whole Act. 25 6 & 7 Vict. c.40. Hosiery Act 1843. The whole Act. 10 & 11 Vict. Commissioners Clauses Act Section 11. c.16 1847. 14 & 15 Vict. Summary Jurisdiction In section 16, paragraph 3. c.92. (Ireland) Act 1851. 30 18 & 19 Vict. Crown Suits Act 1855. The whole Act. c.90 20 & 21 Vict. Summary Jurisdiction Act The whole Act. c.43. 1857. 20 & 21 Vict. Crown Suits (Scotland) Act Section 5 from the 35 c.44. 1857. beginning to “Act; and”. 27 & 28 Vict. Naval Prize Act 1864. Section 50. c.25. 29 & 30 Vict. Constabulary(Ireland) Act The whole Act. 40 c.103 1866. 31 & 32 Vict. DocumentaryEvidence Act Section 4 except as it c.37. 1868. applies to Scotland. 33 & 34 Vict. Forfeiture Act 1870. Section 1. c.23. In section 2, the words 45 “Providednonetheless that”. Section 5. 7 h.Jz 4 Statute Law (Repeals) SCH. 1 Chapter or Number Short title Extent of repeal 34 & 35 Vict. Pedlars Act 1871. In section 3, the definition c.96. of “court of summary jurisdiction”. 5 Section 20 from “Provided as follows” onwards. 34 & 35 Vict. Prevention of Crimes Act Section 17 as it applies to c.112. 1871. Scotland. 10 37 & 38 Vict. Births and Deaths Section 45. c.88. Registration Act 1874. 38 & 39 Vict. Public Stores Act 1875. In section 2, the definition c.25. of “court of summary jurisdiction”.
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