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Statute Law Revision Bill 2007 ————————

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Statute Law Revision Bill 2007 ———————— ———————— AN BILLE UM ATHCHO´ IRIU´ AN DLI´ REACHTU´ IL 2007 STATUTE LAW REVISION BILL 2007 ———————— Mar a tionscnaı´odh As initiated ———————— ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. General statute law revision repeal and saver. 3. Specific repeals. 4. Assignment of short titles. 5. Amendment of Short Titles Act 1896. 6. Amendment of Short Titles Act 1962. 7. Miscellaneous amendments to post-1800 short titles. 8. Evidence of certain early statutes, etc. 9. Savings. 10. Short title and collective citation. SCHEDULE 1 Statutes retained PART 1 Pre-Union Irish Statutes 1169 to 1800 PART 2 Statutes of England 1066 to 1706 PART 3 Statutes of Great Britain 1707 to 1800 PART 4 Statutes of the United Kingdom of Great Britain and Ireland 1801 to 1922 [No. 5 of 2007] SCHEDULE 2 Statutes Specifically Repealed PART 1 Pre-Union Irish Statutes 1169 to 1800 PART 2 Statutes of England 1066 to 1706 PART 3 Statutes of Great Britain 1707 to 1800 PART 4 Statutes of the United Kingdom of Great Britain and Ireland 1801 to 1922 ———————— 2 Acts Referred to Bill of Rights 1688 1 Will. & Mary, Sess. 2. c. 2 Documentary Evidence Act 1868 31 & 32 Vict., c. 37 Documentary Evidence Act 1882 45 & 46 Vict., c. 9 Dower Act, 1297 25 Edw. 1, Magna Carta, c. 7 Drainage and Improvement of Lands Supplemental Act (Ireland) (No. 2) 1867 31 & 32 Vict., c. 3 Dublin Hospitals Regulation Act 1856 19 & 20 Vict., c. 110 Evidence Act 1845 8 & 9 Vict., c. 113 Forfeiture Act 1639 15 Chas., 1. c. 3 General Pier and Harbour Act 1861 Amendment Act 1862 25 & 26 Vict., c. 19 Government of Ireland Act 1920 10 & 11 Geo. 5, c. 67 Interpretation Act 2005 2005, No. 23 Irish Free State (Agreement) Act 1922 12 & 13 Geo. 5, c. 4 Land Transfer (Ireland) Act 1848 11 & 12 Vict., c. 120 Leasing Powers for Religious Worship in Ireland Act 1855 18 & 19 Vict., c. 39 Local Government Act 2001 2001, No. 37 Magna Carta (Obstructing of Rivers) 1297 25 Edw. 1, Magna Carta, c. 16 Medical Act 1858 21 & 22 Vict., c. 90 Railways Traverse Act 1868 31 & 32 Vict., c. 70 Renewable Leasehold Conversion Act 1849 12 & 13 Vict., c. 105 Short Titles Act 1896 59 & 60 Vict., c. 14 Short Titles Act 1962 1962, No. 5 Statute of Conspiracy (Maintenance and Champerty) Statutes of uncertain date. Stat. de Consp. Statutes of the Exchequer (Distress) Statutes of uncertain date. Les Estatuz del Eschekere, provisions Distr’. sc’cii. between cc. 13 and 14 Statute Quia Emptores, 1290 18 Edw. 1, Stat. d’ni R. de t’ris, & c. 3 4 ———————— AN BILLE UM ATHCHO´ IRIU´ AN DLI´ REACHTU´ IL 2007 STATUTE LAW REVISION BILL 2007 ———————— BILL entitled 5 AN ACT TO PROMOTE THE REVISION OF STATUTE LAW BY REPEALING CERTAIN STATUTES THAT WERE ENACTED BEFORE 6 DECEMBER 1922 AND WHICH HAVE CEASED TO HAVE EFFECT OR HAVE BECOME UNNECESSARY, BY IDENTIFYING THOSE STATUTES 10 PRIMARILY OF A PUBLIC AND GENERAL NATURE THAT WERE SO ENACTED BUT ARE NOT BEING REPEALED BY THIS ACT, BY ASSIGNING SHORT TITLES TO CERTAIN STATUTES IN ORDER TO FACILI- TATE THEIR CITATION AND BY AMENDING CERTAIN 15 STATUTES IN SO FAR AS THEY RELATE TO SHORT TITLES, TO PROVIDE FOR PRIMA FACIE EVIDENCE TO BE GIVEN OF CERTAIN STATUTES, AND TO PROVIDE FOR RELATED MATTERS. BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: 20 1.—In this Act “statute” includes, where the context allows, a royal Definitions. ordinance, charter or similar document that— (a) is of a public and general nature, and (b) by virtue of its antiquity and having been granted or other- wise made before or during the development of the 25 parliamentary system, is judicially noticed as having the force and effect of an act of parliament. 2.—(1) Subject to subsection (2), all statutes enacted before 6 General statute law December 1922 that are in force in the State immediately before the revision repeal and passing of this Act are repealed. saver. 30 (2) Subsection (1) does not apply to— (a) the statutes specified in Schedule 1, (b) any statute enacted before 6 December 1922, and in force in the State immediately before the passing of this Act that was— 5 (i) enacted as a private Act, or published in any official series of private Acts (however described), or (ii) enacted as a local or personal Act, or published in any official series of local or personal Acts (however described), 5 other than where such statute is set out in Schedule 2,or (c) without prejudice to section 27 of the Interpretation Act 2005 and to section 9, any saving, or any transitional or continuing matter, provided for in respect of a statute repealed by or under any enactment passed prior to the 10 passing of this Act. (3) Notwithstanding subsection (2)(a), the following provisions of the Bill of Rights 1688 are repealed: (a) all of the Preamble down to “Upon which Letters Elec- tions haveing beene accordingly made.”; 15 (b) the seventh paragraph after the words “for the Vindicating and Asserting their auntient Rights and Liberties, Declare”; (c) all words from “And they doe Claime Demand and Insist” down to, but not including, section 2. 20 Specific repeals. 3.—(1) For ease of reference and for the purpose referred to in section 2(2)(b), there is set out in Schedule 2 a list of statutes enacted before 6 December 1922 which— (a) were not wholly repealed before the passing of this Act, and 25 (b) are not saved by virtue of section 2(2), and for the purposes of this subsection “wholly repealed” includes a statute to which section 2(2)(c) relates. (2) The fact that a statute, other than a statute to which paragraph (a) or (b) of section 2(2) relates, is not referred to in Schedule 2 shall 30 not be read as saving or continuing such statute for any purpose other than as provided for by or referred to in section 2(2)(c). (3) The inclusion of a statute in Schedule 2 shall not be taken as evidence that the statute, or any provision of it, was of full force and effect immediately before the passing of this Act. 35 Assignment of short 4.—In respect of each statute cited in the first column of Part 1, 2, titles. 3 or 4 of Schedule 1, each such statute— (a) may be cited by the short title (if any) assigned to it in the fourth column of the Part concerned opposite the men- tion of that statute in the first column, or 40 (b) may continue to be cited by its short title (if any) referred to in the third column of the Part concerned opposite the mention of that statute in the first column. 6 5.—The Short Titles Act 1896 is amended in the First Schedule— Amendment of Short Titles Act (a) by inserting “1688” after “Bill of Rights” in the third col- 1896. umn opposite the citation “1 Will. & Mary, Sess. 2. c. 2.” in the first column, and 5 (b) by inserting “Act 1848” after “Land Transfer (Ireland)” in the third column opposite the citation “11 & 12 Vict. c. 120.” in the first column. 6.—The Short Titles Act 1962 is amended— Amendment of Short Titles Act (a) in the First Schedule by substituting “1639 15 Chas. 1. c. 1962. 10 3” for “1639 15 Chas. 1. sess. 2. c. 3” in the first column, (b) in the Second Schedule— (i) in Part I— (I) by substituting “Statutes of uncertain date. Les Estatuz del Eschekere, provisions Distr’. sc’cii. 15 between cc. 13 and 14” for “1266 51 Hen. 3 (Statutes of the Exchequer; date uncertain). sts. 4, 5” in the first column, and (II) by substituting “Statute of the Exchequer (Distress)” for “Distress Act, 1266” in the 20 third column, (ii) in Part IV— (I) by substituting “Stat. d’ni R. de t’ris, & c.” for “(Statute of Westminster the Third). cc. 1, 2.” in the first column opposite the reference to “Sta- 25 tute Quia Emptores, 1290” in the third column, and (II) by substituting “25 Edw. 1 (Magna Carta). c. 7” for “25 Edw. 1. c. 7” in the first column, and 30 (iii) in Part VI in respect of the session and chapter refer- ence “25 Edw. 1. c. 16” in the first column and the short title in the third column opposite that reference— (I) by inserting “(Magna Carta)” after “25 Edw. 1.” 35 in the first column, and (II) by substituting “Magna Carta (Obstructing of Rivers) 1297” for “Magna Carta, 1297” in the third column opposite that reference, and 40 (c) in the Third Schedule— (i) by substituting “Statute of uncertain date, Stat. de Consp.” for “1305 33 Edw. 1 (Statute of Champerty, or Statute de Conspiratoribus; date uncertain)” in the first column, and 7 (ii) by substituting “Statute of Conspiracy (Maintenance and Champerty)” for “Champerty Act, 1305” in the third column. Miscellaneous 7.—(1) An Act referred to in the Table to this section by refer- amendments to ence to its year, session and chapter in the first column and to its 5 post-1800 short short title in the second column is amended to the extent provided titles. for in the third column opposite the mention to the Act concerned. For convenience of reference there is set out in the fourth column, opposite the mention to the Act concerned, the new short title for that Act. 10 (2) Nothing in this section or the amendments made by it shall be read as affecting the citation of an Act by its short title as set out in the second column of the table to this Schedule.
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