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Statute Law Revision Act 2009

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Statute Law Revision Act 2009 ———————— Number 46 of 2009 ———————— STATUTE LAW REVISION ACT 2009 ———————— ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. General statute law revision repeal and saver. 3. Specific repeals. 4. Assignment of short titles. 5. Miscellaneous amendments to short titles. 6. Savings. 7. Short title and collective citation. SCHEDULE 1 Acts Retained Part 1 Irish Private Acts to 31 December 1750 Part 2 English Private Acts before Union with Scotland (1707) Part 3 Private Acts of Great Britain 1707 to 31 December 1750 Part 4 United Kingdom Local and Personal Acts 1 January 1801 to 31 December 1850 SCHEDULE 2 Acts specifically repealed Part 1 Irish Private Acts to 31 December 1750 1 [No. 46.]Statute Law Revision Act 2009. [2009.] Part 2 English Private Acts before Union with Scotland (1707) Part 3 Private Acts of Great Britain 1707 to 31 December 1750 Part 4 United Kingdom Local and Personal Acts 1 January 1801 to 31 December 1850 ———————— Acts Referred to Dublin and Belfast Junction Railway Amendment 1847 (10 & 11 Vict.) Act 1847 c. cxi Interpretation Act 2005 2005, No. 23 Local Government Act 2001 2001, No. 37 Short Titles Acts 1896 to 2007 Sligo Ship Canal Act 1846 1846 (9 & 10 Vict.) c. ccclxiii Statute Law Revision Act 2007 2007, No. 28 Waterford and Limerick Railway Act 1845 1845 (8 & 9 Vict.) c. cxxxi 2 ———————— Number 46 of 2009 ———————— STATUTE LAW REVISION ACT 2009 ———————— AN ACT TO PROMOTE THE REVISION OF STATUTE LAW BY REPEALING CERTAIN STATUTES OF A SPECIFIED SERIES THAT WERE ENACTED ON OR BEFORE 31 DECEMBER 1750 AND CERTAIN OTHER STATUTES OF ANOTHER SPECIFIED SERIES THAT WERE ENACTED ON OR BEFORE 31 DECEMBER 1850 AND WHICH HAVE CEASED TO HAVE EFFECT OR HAVE BECOME UNNECESSARY, BY IDENTIFYING THOSE STATUTES THAT WERE SO ENACTED BUT ARE NOT BEING REPEALED BY THIS ACT, BY ASSIGNING SHORT TITLES TO CERTAIN STATUTES IN ORDER TO FACILI- TATE THEIR CITATION AND BY AMENDING CERTAIN STATUTES IN SO FAR AS THEY RELATE TO SHORT TITLES, AND TO PROVIDE FOR RELATED MATTERS. [23rd December, 2009] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: 1.—In this Act— Definitions. “local and personal Act” means a statute enacted as a local and per- sonal Act, or published in any official series of local and personal Acts (howsoever described); “private Act” means a statute enacted as a private Act, or published in any official series of private Acts (howsoever described); “P.R.O. vol. 3” has the same meaning that it has for the purposes of the Schedules to the Statute Law Revision Act 2007 as provided for in section 8(1)(a)(ix) of that Act; “relevant statute” means a local and personal Act or a private Act that is in force immediately before the passing of this Act. 2.—(1) Subject to subsection (2), all private Acts enacted before General statute law 1 January 1751 and all local and personal Acts enacted before 1 revision repeal and January 1851 are repealed. saver. (2) Subsection (1) does not apply to— (a) the statutes specified in Schedule 1, 3 S.2 [No. 46.]Statute Law Revision Act 2009. [2009.] (b) any statute specified in Schedule 1 to the Statute Law Revision Act 2007 that is in force in the State immedi- ately before the passing of this Act, or (c) without prejudice to section 27 of the Interpretation Act 2005 and to section 6, 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 passing of this Act. Specific repeals. 3.—(1) For ease of reference there is set out— (a)inParts 1 to 3 of Schedule 2 a list of private Acts, and (b)inPart 4 of Schedule 2 a list of local and personal Acts, that were not wholly repealed before the passing of this Act and are not saved by virtue of section 2(2). For the purposes of this subsec- tion “wholly repealed” includes a statute to which section 2(2)(c) relates. (2) The fact that a relevant statute, other than a relevant statute to which paragraph (a) or (b) of section 2(2) relates, is not referred to in Schedule 2 shall not be read as saving or continuing such rel- evant 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. Assignment of short 4.—In respect of each Act cited in the first column of Part 1, 2, 3 titles. or 4 of Schedule 1, each such Act— (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 Act in the first column, or (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 Act in the first column. Miscellaneous 5.—(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 short titles. short title in the second column is amended to the extent provided 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. 4 [2009.]Statute Law Revision Act 2009. [No. 46.] S.5 (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 section. TABLE Year, session Short title Amendment New short title and chapter 1845 (8 & 9 The Waterford In section 2 by Waterford and Vict.) c. cxxxi and Limerick substituting “the Limerick Railway Railway Act, Waterford and Act 1845 One thousand Limerick eight hundred Railway Act and forty-five 1845” for “The Waterford and Limerick Railway Act, One thousand eight hundred and forty-five” 1846 (9 & 10 The Sligo Ship In section 2 by Sligo Ship Canal Vict.) c. ccclxiii Canal Act One substituting “the Act 1846 thousand eight Sligo Ship Canal hundred and Act 1846” for forty-six “The Sligo Ship Canal Act, One thousand eight hundred and forty-six” 1847 (10 & 11 Dublin and In section 5, by Dublin and Belfast Vict.) c. cxi Belfast Junction inserting “Act” Junction Railway Railway after Amendment Act Amendment “Amendment”. 1847 1847 6.—(1) This Act does not affect any existing principle or rule of Savings. law or equity or any established jurisdiction, form or course of plead- ing, practice or procedure or any existing trust, notwithstanding that it may have been in any manner derived from, affirmed or recognised by any statute repealed by this Act. (2) (a) The repeals by this Act do not affect— (i) the continuance of any body subsisting immediately before the passing of this Act which was incorpor- ated (or otherwise established), confirmed or revived by the grant of a charter or letter patent, and (ii) such charter or letter patent, to the extent that it so subsists, together with any amendment to such a charter or letter patent so subsisting and granted or otherwise duly made by or under any enactment or otherwise. (b) Nothing in this Act shall be read as affecting section 11(16) of the Local Government Act 2001. (3) Where any statute not repealed by this Act has been applied, confirmed, revived or perpetuated by a repealed statute, such appli- cation, confirmation, revival or perpetuation is not affected by the repeal. 5 [No. 46.]Statute Law Revision Act 2009. [2009.] Short title and 7.—(1) This Act may be cited as the Statute Law Revision Act collective citation. 2009. (2) The Short Titles Acts 1896 to 2007, sections 4 and 5, this sub- section and, in so far as it relates to section 4, Schedule 1 may be cited together as the Short Titles Acts 1896 to 2009. 6 [2009.]Statute Law Revision Act 2009. [No. 46.] SCHEDULE 1 Section 2(2). Acts Retained PART 1 Irish Private Acts to 31 December 1750 Year, session Subject matter Existing short New short title and chapter title (or short assigned by this Act title as amended by this Act) 1537 (28 Hen. Liberty of the Town Borough of Wexford 8) c. 7P of Wexford Act 1537 1723 (10 Geo. Further application Erasmus Smith 1) c. 1P of the rents and Schools Act 1723 profits of the lands and tenements formerly given by Erasmus Smith, esquire deceased, to charitable uses PART 2 English Private Acts before Union with Scotland (1707) Year, session Subject matter Existing short New short title and chapter title (or short assigned by this Act title as amended by this Act) 1698 (11 Will. Catherine Fitzgerald Fitzgerald Villiers 3) c. 16P Villiers’ estate: Estate Act 1698 settling, raising money for payment of debts and securing portions for her five younger children by her late husband Edward Fitzgerald Villiers 1704 (3 & 4 For settling lands and Foyle Fisheries Act Ann.) c. 1P fishery rights in the 1704 Society of the Governor and Assistants London of the new Plantation in Ulster, and an annual rentcharge of 250 pounds on the Lord Bishop of Derry 7 Sch.1 [No.
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