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The Law Commission and The Scottish Law Commission (LAW COM. No. 49) (SCOT. LAW COM. No. 26) STATUTE LAW REVISION: FOURTH REPORT DRAFT STATUTE LAW (REPEALS) BILL Presented to Parliament by the Lord High Chancellor, the Secretary of State for Scotland and the Lord Advocate by Command of Her Majesty September 1912 LONDON HER MAJESTY'S STATIONERYOFFICE 42p net Cmnd. 5108 The Law Commission was set up by section 1 of the Law Commis- sions Act 1965 for the purpose of promoting the reform of the law other than the law of Scotland or of any law of Northern Ireland which the Parliament of Northern Iretand has power to amend. The Com- missioners are- The Honourable Mr Justice Scarman, O.B.E., Chairman. Mr. Claud Bicknell, O.B.E. Mr. Aubrey L. Diamond. Mr. Derek Hodgson, Q.C. Mr. N. S-Marsh, Q.C. The Secretary of the Commission is Mr. J. M. Cartwright Sharp and its offices are at Conquest House, 37-38 John Street, Theobald's Road, London, WClN 2BQ. The Scottish Law Commission was set up by section 2 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law of Scotland. The Commissioners are- The Honourable Lord Hunter, Chairman. I Professor A. E. Anton. I Professor J. M. Halliday, C.B.E. Professor T. B. Smith, Q.C. I Mr. Ewan Stewart, M.C., Q.C. I The Secretary of the Commission is Mr. J. B. Man and its offices are at the Old College, University of Edinburgh, South Bridge, Edin- burgh, EH8 9BD. THE LAW COMMISSION and THE SCOTTISH LAW COMMISSION STATUTE LAW REVISION: FOURTH REPORT Draft Statute Law (Repeals)Billprepared under section 3(1)(d) ofthe Law CommissionsAct 1965. To the Right Hornarable the Lord Hailsham of Saint Marylebone, Lord High Chancellor of Great Britain, the Right Honourable Gordon Campbell, M.C., M.P., Her Majesty’s Secretary of State for Scotland, 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 accompanies this Report as Appendix 2. This draft Bill has been prepared in continuation of our new approach to statute law revision, namely, to work systematically through thc existing statutes with a view to recommending the repeal, not only of matter that can be treated as inoperative, but also of matter that no longer serves a substantial purpose. The amendments specified in Schedule 2 to the draft Bill are designed to preserve certain effects of enactments otherwise ready for repeal. The repeals proposed in the draft Bill have been widely can- vassed with the Government departments and other bodies concerned with them and the repeals which extend to Northern Ireland have been agreed to by the authorities in Northern Ireland. The basic aim of the draft Bill is to improve the statute book of the United Kingdom, but a number of the enactmentsproposed for repeal have, by virtue of their own terms, a wider application to territories outside the United Kingdom. It is desirable that it should be clear that the repeals have no direct effect on the law of these territories but that, in the case of certain territories not having the legislative competence to make the repeals for them- selves, machinery should be provided to enable the repeals to be extended to them if, after consultation, it is thought right that this should be done. Accordingly, with the agreement of the Home Office and the Foreign and Commonwealth Office, clause 2(2) of the draft Bill makes it clear that the Bill does not repeal any 1 enactment so far as the enactment forms part of the lawof a country outside the United Kingdom,but enables Her Majesty by Order in Council to provide that the repeal by the Bill of any enactment specified in the Order shall extend to any of the Channel Islands or the Isle of Man or any colony for whose external relations the United Kingdom is responsible. Signed LESLIESCARMAN,Chairman Law Commission. -- CLAUDBICKNELL. AUBREYL. DIAMOND. DEREKHODGSON. NORMANS. MARSH. J. M. CARTWRIGHTSHARP,Secretary. J. 0.M. HUNTER,Clzairmaii Scottish Law Commission. ALEXANDERE. ANTON. JOHN M. HALLIDAY. T. E. SMITH. EWANSTEWART. J. E. ALLAN,Secretary. 2 August 1972. 2 APPENDIX 1 Statute Law (Repeals) Bill -- DRAFT OF A BILL TO ROVIDE for the reform of the statute law by the AD. 1972 repeal, in accordance with recommendations of the PLaw Commission and the Scottish Law Commission, of certain enactments which, except so far as their effect 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, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:- 1.-(1) The enactments inentioned in Schedule 1 to this Act Repeals, and are, subject in the case of the enactments mentioned in associated Parts 11, VI and XI of that Schedule to the savings specsed at the amendments* end of those Parts, hereby repealed to the extent specified in column 3 of that Schedule. 10 (2) The enactments mentioned in Schedule 2 to this Act shall have effect with the amendments specified in that Schedule (which preserve certain effects of enactments repealed by the preceding subsection). 15 241) It is hereby declared that, except as provided by Provisions paragraph 2(2) of Schedule 2 to this Act, this Act extends to ~~~~~~ Northeim Ireland; but nothing in this Act shall be taken to restrict the power of the Parliament of Northern Ireland to make and certain laws, and any laws made by that Parliament in the exercise of overseas that power shall have effect notwithstanding anything in this Act. territories. 3 Statute Law (Repeals) Bill (2) It is hereby declared that 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 provide that the repeal by this Act of any enactment specified in the Order shall on a date so specified 5 extend to any oFThe Channel Islands or the Isle of Man or any colony for whose external relations the United Kingdom is responsible. Short title. 3. This Act may be cited as the Statute Law (Repeals) Act 1972. 4 Statute Law (Repeals) Bill SCHEDULES SCHEDULE 1 Section l(1). ENACTMENTSREPEALED PART 1 5 ENACTMENTSRELATING TO THE DEMISE OF THE CROWN Chapter Short title Extent of repeal 6 Anne c. 41. The Succession to the Section 8. Crown Act 1707. 11 Geo. 4 & TheDemise of the Crown The whole Act except section 4. 10 1 Will. 4. Act 1830. In section 4, the words ‘‘ here- c. 43. tofore granted or ”. 1 Will. 4. c. 4. The Colonial Offices The whole Act. Act 1830. 7 Will. 4. & 1 TheDemise of the Crown The whole Act. Vict. c. 31. Act 1837. l5 37 & 38 Vict. The Great Seal (Offices) In section 8, the words from c. 81. Act 1874. “and shall continue” to . “ successors ”. 39 & 40 Vict. The Appellate Jurisdic- In section 6, the words from 20 c. 59. tion Act 1876. “and shall continue” to “ Crown ”. 50 & 51 Vict. The Sheriffs Act 1887. In section 3(3), the words “ of c. 55. the Crown, or in Cornwall ”. 1 Edw. 7. c. 5. TheDemise of the Crown Section l(2). 25 Act 1901. Act of Parliament of Ireland 21 &22 Geo.3. Yelverton’s Act (Ireland) In section 3, the words ‘‘ of any c. 48 (Ir.). 1781. I office, civil or military or 9’. PART 11 30 ECCLESIASTICALENACTMENTS RELATING TO BISHOPRICS Chapter I Short title I Extent of repeal 10 & 11 Vict. The Ecclesiastical Com- The whole Act. c. 108. missioners Act 1847. 38 & 39 Vict. The Bishopric of St. The whole Act. 35 c. 34. Albans Act 1875. 39 & 40 Vict. The Bishopric of Tmo The whole Act. c. 54. Act 1876. 41 & 42 Vict. The Bishoprics Act 1878. Thewhole Act except sections 1 c. 68. and 5. 40 47 & 48 Vict. The Bishopric of Bristol Section 2. c. 66. Act 1884. In section 3, in paragraph (l), the words from “ and in the construction ” onwards, and paragraphs (3) and (5). 45 The Schedule. 57 & 58 Vict. The Bishopric of Bristol The whole Act. c. 21. Amendment Act 1894. 59 & 60 Vict. The Bishopric of Bristol The whole Act. c. 29. Amendment Act 1896. 5 Statute Law (Repeals)Bill SCH. 1 Chapter Short title Extent of repeal 4 Edw. 7. c. 30. The Bishoprics of South- The whole Act. wark and Birmingham Act 1904. 3 & 4 Geo. 5. The Bishoprics of The whole Act. 5 c. 36. Sheffield, Chelmsford, and for the County of Suffolk Act 1913. 7 & 8 Geo. 5. The Bishoprics of Brad- The whole Act. c. 57. ford and Coventry 10 Act 1918. Church Assembly Measures 14 & 15 Geo. 5. The Bishopric of Black- The whole Measure except No. 4. burn Measure 1923. sections 1 and 13. 14 & 15 Geo. 5. The Diocese of Southwell The whole Measure. 15 No. 5. (Division) Measure 1923 14 & 15 Geo. 5. The Diocese of Win- The whole Measure. No. 6. chester (Division) Measure 1923. 15 & 16Geo. 5. TheBishopricof Leicester The whole Measure. 20 No. 2. Measure 1925. 25 &26 Geo. 5. The Diocese of Southwell The whole Measure.
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