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Draft Statute Law Repeals Bill

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Draft Statute Law Repeals Bill The Law Commission and The Scottish Law Commission (LAW COM. No. 70) (SCOT. LAW COM. No. 40) STATUTE LAW REVISION: SEVENTH REPORT DRAFT STATUTE LAW (REPEALS)BILL Presented to Parliament by the Lord High Chancellor and the Lord Advocate by Command ofHer Majesty December I975 LONDON HER MAJESTY’S STATIONERY OFFICE 75p net Cmnd. 6303 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 Cooke, Chairman. Mr. Aubrey L. Diamond. Mr. Stephen B. Edell. Mr. Derek Hodgson, Q.C. Mr. Norman S. Marsh, Q.C. The Secretary of the Law Commission is Mr. J. M. Cartwright Sharp and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WClN 2BQ. The Scottish Law Commissioners are- The Honourable Lord Hunter, V.R.D., Chairman. Mr. A. E. Anton, C.B.E. Mr. R. B. Jack. Professor T. B. Smith, Q.C. The Secretary of the Scottish Law Commission is Mr. J. B. Allan and its offices are at the Old College, University of Edinburgh, South Bridge, Edinburgh EH8 9BD. .. .- 11 .I THE LAW COMMISSION and THE SCO~ISHLAW COMMISSION STATUTE LAW REVISION: SEVENTH REPORT Draft Statute Law (Repeals)Billprepared under section 3(l)(d) of __the Law Commissions Act 1965. To the Right Honourable the Lord Elwyn-Jones, Lord High Chancellor of Great Britain, and the Right Honourable Ronald King Murray, 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 accom- panies this Report as Appendix 2. The repeals proposed in the draft Bill have been widely canvassed with the Government departments and other bodies concerned with them. Signed S ~ COOKE,L Chairman, Law Commission. AUBREYL. DIAMOND. STEPHEN EDELL. DEREKHODGSON. NORMANS. MARSH. J. M. CARTWRIGHTSHARP,Secretary. J. 0. M. HUNTER,Chairman, Scottish Law Commission. A. E. ANTON. R. B. JACK. T. B. SMITH. J. B. ALLAN,Secretary. 28 October 1975. *The Transfer of Functions (Secretary of State and Lord Advocate) Order 1972 (S.I. 1972 No. 2002 (1972 111, p. 5957)) has removed the requirement to obtain the approval of the Secretary of State of programmes etc., of the Scottish Law Commission. 1 APPENDIX 1 Statute Law (Repeals) Bill DRAFT OF A BILL TO ROMOTE the reform of the statute law by the ~.~.1975 repeal, in accordance with recommendations of the PLaw Commission and the Scottish Law Commission, of certain enactments which (except in so far as their effect 5 is preserved) are no longer of practical utility, and to make other provision in connection with the repeal of those enactments. BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, 10 and Commons, in this present Parliament assembled, and by the authority of the same, as follows:- 1.-(1) The enactments mentioned in Schedule 1 to this Act Repeals and are hereby repealed to the extent specified in column 3 of that associated amendments. Schedule. 15 (2) The enactments mentioned in Part I of Schedule 2 to this Act shall have effect with the amendments there specified (which are consequential on or otherwise made in connection with certain of the repeals in Part I1 (Alcoholism) of Schedule 1 to this Act) and the enactments mentioned in Part I1 of Schedule 2 to this Act 20 shall have effect with the amendments there specified (which are consequential on other repeals made by this Act). 3 162744 B* Statute Law (Repeals) Bill Savings. 2.-( 1) Notwithstandingthe repeal by this Act (Schedule 1 Part 1924 c. 3. XIII) of the Irish Free State Land Purchase (Loan Guarantee) 1926 c. 62. Act 1924 and the East Africa Loans Act 1926- (a) there shall continue to be charged on and issued out of the Consolidated Fund any sums required by the 5 Treasury for fulfilling the guarantees given under the said A%ts and there shall continue to be paid into the Consolidated Fund any sums received by way of repay- ment of any sums so issued; and (b) the Treasury shall continue to be under a duty to lay 10 before both Houses of Parliament an account of any sums issued out of the Consolidated Fund for the purpose of the guarantee given under the said Act of 1924 as soon as may be after any sum is so issued. (2) Notwithstanding the repeal by this Act (Schedule 1 Part 15 1959 c. 71. XIII) of the Colonial Development and Welfare Act 1959- (a) any schemes under that Act in force at the commencement of this Act shall, so far as then in force (that is to say, by virtue of section l(3) of the Overseas Development and Service Act 1965, so far as they make provision for 20 the payment out of money provided by Parliament of pensions, allowances or other benefits in respect of injuries or diseases, or aggravation of diseases, incurred by persons engaged in activities carried on for the purposes of such schemes) continue in force; and 25 (b) there shall continue to be paid into the Consolidated Fund any sums received by way of interest on, or in repayment of, any outstanding loans under that Act. (3) The repeal by this Act (Schedule 1 Part XVI) of section 25 1967 c. 69. of the Civic Amenities Act 1967 and of the amendment of that 30 1967 c. 76. section in Schedule 6 to the Road Traffic Regulation Act 1967 shall not affect the operation of the Removal and Disposal of 1967 No. 1900. Vehicles (Alteration of Enactments) Order 1967 or the Removal and Disposal of Vehicles (Alterationof Enactments) (Amendment) Order 1975 and accordingly sections 20, 52 and 53 of the Road 35 Traffic Regulation Act 1967 shall continue to have effect as' amended by those orders. Extent. 3.-( 1) This Act extends to Northern Ireland. (2) This Act does not repeal any enactment so far as the enactment forms part of the law of a country outside the United 40 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 extend to any of the Channel Islands or the Isle of Man or any colony for whose external relations the United Kingdom is responsible. 45 Short title. 4. This Act may be cited as the Statute Law (Repeals)Act 1976. 4 Statute Law (Repeals) Bill SCHEDULES SCHEDULE 1 ENACTMENTSREPEALED PART 1 5 MINISTRATION OF JUSTICE Chapter I Short title 1 Extent of repeal 57 Geo. 3. c. Distress(Costs)Act 1817. Section 7. 93. 3 & 4 Will. 4. Fines and Recoveries In section 67, including that 10 c. 74. Act 1833. section as applied by any other Act, the words from “and in case any action of trespass ” to “ special matter in evidence”. 15 6 & 7 Will. 4. Durham (County Pala- The whole Act. c. 19. tine) Act 1836. 33 & 34 Vict. Wages Attachment Aboli- The whole Act. c. 30. tion Act 1870. 36 & 37 Vict. Langbaurgh Coroners The whole Act. 20 c. 81. Act 1873. 36 & 37 Vict. Slave Trade Act 1873. In section 18, the words from c. 88. “ or given ” onwards. 45 & 46 Vict. InferiorCourtsJudgments In section 2, in the definition c. 31. Extension Act 1882. of “ inferior courts ” the 25 words “and the Court of Bankruptcy ”. 4 & 5 Geo. 5. Courts (Emergency The whole Act. c. 78. Powers) Act 1914. 6 & 7 Geo. 5. Courts (Emergency The whole Act. 30 C. 13. Powers) (Amendment) Act 1916. 6 & 7 Geo. 5. Courts (Emergency The whole Act. c. 18. Powers) (No. 2) Act 1916. 35 18& 19Geo. 5. Administration of Justice In section20(5), the wordsfrom c. 26. Act 1928. ‘‘ A copy of” onwards. In Schedule 1, in Part I the amendments of sections 118 and 167of the SupremeCourt 40 of Judicature (Consolidation) Act 1925. 22 & 23 Geo. 5. Expiring Laws Act 1931. The whole Act. c. 2. 7 & 8 Geo. 6. Prize Salvage Act 1944. Section l(2). 45 c. 7. 12, 13 & 14 Legal Aid and Solicitors In Schedule 7, in the third Geo. 6. c. 63. (Scotland) Act 1949. column the entries relating to sections9 and 26 to 28 of the Solicitors(Scotland)Act 1933. 50 2 & 3 Eliz. 2. Law Reform (Limitation Sections 5 and 7. c. 36. of Actions, &c.) Act Section 8(2) except the words 1954. ‘‘ this Act extends to Great Britain only ”. 5 162744 B* 2 Statute Law (Repeals) Bill SCH. 1 Chapter Short title Extent of repeal ~~~ 7 & 8 Eliz. 2. Fatal AccidentsAct 1959. Section 3(5) except the words c. 65. ‘‘ this Act does not extend to Scotland or Northern Ire- land ”. 5 1963 c. 47. Limitation Act 1963. In the title, the words “ or solatium” and the words ‘‘ or section3(2) of theLawReform (Miscellaneous Provisions) (Scotland) Act 1940”. 10 Section 16(2) except the words “ this Act shall not extend to Scotland ”. 1965 c. 72. Matrimonial Causes Act Section 38. 1965. 15 ALCOHOLISM Chapter Short title Extent of repeal 42 & 43 Vict. Habitual Drunkards Act The whole Act. c. 19. 1879. 20 51 & 52 Vict. Inebriates Act 1888. The whole Act. c. 19. 61 & 62 Vict. Inebriates Act 1898. The whole Act except section c. 60. 30 and Schedule 1.
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