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Thirteenth Report: Draft Statute Law Repeals Bill

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Thirteenth Report: Draft Statute Law Repeals Bill The Law Commission and The Scottish Law Commission (LAW COM. No. 179) (SCOT. LAW COM. No. 117) STATUTE LAW REVISION: THIRTEENTH REPORT . 8 1 ! DRAFT STATUTE LAW (REPEALS) BILL Presented to Parliament by the Lord High Chancellor and the Lord Advocate by Command of Her Majesty May I989 LONDON HER MAJESTY'S STATIONERY OFFICE - -. E10.40 net Cm. 671 The Law Commission and the Scottish Law Commission were set up by the Law CommissionsAct 1965 for the purpose of promoting the reform of the law. The Law Commissioners are- The Honourable Mr. Justice Beldam, Chairman Mr Trevor M. Aldridge 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 C. G. B. Nicholson, Q.C. Mr W. A. Nimmo Smith, Q.C. The Secretary of the Scottish Law Commissionis Mr K. F. Barclay. Its offices are at 140 Causewayside, Edinburgh EH9 1PR. , : I -: + .. -- 11 THE LAW COMMISSION AND THE SCOTTISH LAW COMMISSION Statute Law Revision: Thirteenth 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 Fraser of Carmyllie, Q.C., Her Majesty’s Advocate. In pursuance of section 3(l)(d) of the Law CommissionsAct 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 Appendix2. The report recommends the repeal of enactments which have been identified, after detailed research and consultation, as being spent, obsolete, unnecessary or otherwise not now of practical utility. The proposals have been widely canvassed with the government departments and other bodies concerned. Appendix 3 lists the local I . authorities, statutory undertakers and other persons consulted in connection with a project to rationalise the local legislation of South Yorkshire. I 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. (Signed) ROY BELDAM, Chairman, Law Commission TREVOR M. ALDRIDGE RICHARD BUXTON BRENDA HOGGETT MICHAEL COLLON, Secretary C. K. DAVIDSON, Chairman, Scottish Law Commission E. M. CLIVE PHILIP N. LOVE GORDON NICHOLSON W. A. NIMMO SMITH KENNETH F. BARCLAY, Secretaiy 7 April 1989 i 1 3 APPENDIX 1 Statute Law (Repeals) Bill - ARRANGEMENT OF CLAUSES Clause 1. Repeals and associated provisions. 2. Extent. 3. Short title and commencement. SCHEDULES: Schedule 1 -Repeals. Part I-Administration of Justice. Part 11-Finance. Part I11-Ireland. Part IV-Local Government. Part V-Medicine. Part VI-Overseas Jurisdiction. Part VII-Planning and Land. Part VIII-Religious Disabilities. Part IX-South Yorkshire. Part X -Transport. Part XI-Miscellaneous. Schedule 2 -Consequential Provisions. 3 Statute Law (Repeals) DRAFT OF A BILL An Act to promote the reform of the statute law by the repeal, in A.D. 1989. 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. E IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, Band Commons, in this present Parliament assembled, and by the authority of the same, as follows:- 5 1.-(1) The enactments mentioned in Schedule 1 to this Act are Repealsand hereby repealed to the extent specified in the third column of that F:;$&t. Schedule. (2) Schedule 2 to this Act shall have effect. 2.-(1) This Act extends to Northern Ireland. Extent. 10 (2) Any repeal by this Act of an enactment which extends to the Isle of Man shall also extend there. (3) Subject to subsection (2) above, this Act does not repeal any enactment so far as the enactment forms part of the law of a country outside the United Kingdom; but Her Majesty may by Order in 15 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. 3.-(1) This Act may be cited as the Statute Law (Repeals) Act Short titleand 1989. commencement. 20 (2) The repeal by this Act of- (a) section 3 of the Federation of Malaya Independence Act 1957, 1957c.60. and J 5 Statute Law (Repeals) 1963 c.35. (b) section 5 of the Malaysia Act 1963, shall come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint. J Statute Law (Repeals) SCHEDULES SCHEDULE 1 Section l(1). REPEALS PART I 5 ADMINISTRATION OF JUSTICE Chapter 1 Short title 1 Extent of repeal I I Grc rp 1 - Bankruptcy Acts 1883, 1890 and 1913 12 & 13 Vict. City of London In section 9, the words c.xciv. Municipal “shall declare himself or 10 Elections Act shall be declared 1849. bankrupt or insolvent, or”. 46 & 47 Vict. Bankruptcy Act The whole Act. c.52. 1883. 15 53 & 54 Vict. Bankruptcy Act The whole Act. i c.71. 1890. 3 & 4 Geo. Bankruptcy and The whole Act. 5. c.34. Deeds of Arran- gement Act 1913. 20 1985 c.66. B a n k r U p t c y In Schedule 7, paragraph 2. (Scotland) Act 1985. Group 2 - Polic Acts 2 & 3 Vict. Metropolitan Police Sections 13 and 29. 25 c.47. Act 1839. Section 61 from “and the owner” onwards. Sections 62, 69, 73 and 77. Section 78 from “and all” onwards. 30 2 & 3 Vict. City of London Sections 18, 20, 21, 23, 26 c.xciv. Police Act 1839. and 27. In section 28, the proviso. Section 29. In section 31, the words 35 “take into custody” and “and every person so found”. Section 34. In section 35 - 40 (a) , paragraph 9 from “during” to “service, and”; (b) paragraph 10 from “or i 7 Statute Law (Repeals) Chapter Short title Extent of repeal 2 & 3 Vict. City of London wilfully break” onwards; c.xciv. - Police Act 1839. (c) in paragraph 12, the cont. -cont. words “indecent or obscene”, where first 5 occurring, and from “or write” to “representa- tion”; (d) paragraph 14 from “(except” to “duty)”; 10 (e) the words from “And it shall be lawful” onwards. Sections 38 and 39. Section 42 from “and the owner” onwards. 15 Sections 43 to 48. Sections 50 to 54. Sections 97 to 103. 10 & 11 Vict. Town Police Clauses The following provisions as c.89. Act 1847. they apply to England 20 and Wales- Sections 15 and 30. In section 36, the words “take into custody” and “and every person so 25 found”. In sections 61 and 65, the words from “and in default” onwards. Section 75. 30 49 & 50 Vict. Metropolitan Police Section 1 from “This Act c.22. Act 1886. and” onwards. Schedule 1. 60 & 61 Vict. Police (Property) Act Section l(1) from “or under c.30. 1897. section sixty-six” to 35 “London”. Section l(3). 62 & 63 Vict. Metropolitan Police Section l(2) from “either” c.26. Act 1899. to “Parliament, or” and from “or apportioned” to 40 the end of the subsection. 4 & 5 Geo. Police Reservists The whole Act. 5. c.34; (Allowances) Act 1914. 5 & 6 Geo. Irish Police (Naval Section l(1). 45 5. c.32. and Military Service) Act 1915. 1964 c.48. Police Act 1964. In Schedule 9, the entries relating to the Metro- politan Police Act 1839, 50 the City of London Police 4 8 Statute Law (Repeals) SCH. 1 Chapter Short title Extent of repeal PART 1 1964 c.48.- Police Act 1964.- Act 1839, the Town cont. cont. Police Clauses Act 1847, the National Insurance 5 (Industrial Injuries) Act 1946, the Homicide Act 1957 and the Road Traffic and Road - Improvement Act 1960. 10 1976 c.63. Bail Act 1976. , In Schedule 2, paragraph 2. Group 3 - Scottish wts, &e. 6 Geo. 4. Zourts of Justice The whole Act. c.86. (Scotland) Act 1825. 15 9 Geo. 4. Circuit Courts Sections 6 and 16. c.29. (Scotland) Act Schedules A and C. 1828. 1 Geo. 4 & Criminal Law Sections 9, 11 and 14. 1 Will. 4. (Scotland) Act 20 c.37. 1830. 1 & 12 Vict. Justiciary (Scotland) The whole Act. c.79. Act 1848. 31 & 32 Vict. Justiciary Court The whole Act. c.95. (Scotland) Act 25 1868. , 50 & 51 Vict. Criminal Procedure Section 46. c.35. (Scotland) Act 1887. 55 & 56 Vict. High Court of The whole Act. 30 c.21. Justiciary (Scotland) Act 1892. 7 Edw. 7. Sheriff Courts Section 3(m). c.5 1. (Scotland) Act 35 1907. 17 & 18 Geo. Sheriff Courts and Section 7. 5. c.35. Legal Officers (Scotland) Act 1927. 40 3 & 4 Geo. Solicitors (Emer- The whole Act. 6. c.15. gency Provisions) Act 1940. 12, 13 & 14 Legal Aid and The whole Act. Geo. 6. Solicitors 45 c.63. (Scotland) Act 1949. 2 & 3 Eliz. 2. Summary Juris- Section 74. c.48. diction (Scotland) Act 1954. i 9 Statute Law (Repeals) ~~ ~~~~ Chapter Short title Extent of repeal 1972 c.11. Superannuation Act In Schedule 6, paragraph 11 1972. 1976 c.6. Solicitors (Scotland) The whole Act. Act 1976.
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