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Statute Law Repeals: Nineteenth Report

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The Law Commission and The Scottish Law Commission (LAW COM No 333) (SCOT LAW COM No 227) STATUTE LAW REPEALS: NINETEENTH REPORT DRAFT STATUTE LAW (REPEALS) BILL Presented to the Parliament of the United Kingdom by the Lord Chancellor and Secretary of State for Justice by Command of Her Majesty Laid before the Scottish Parliament by the Scottish Ministers April 2012 Cm 8330 £xx.xx SG/2012/39 ii 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 Right Honourable Lord Justice Munby, Chairman Professor Elizabeth Cooke Mr David Hertzell Professor David Ormerod Miss Frances Patterson QC. The Chief Executive of the Law Commission is Elaine Lorimer. The Law Commission is located at Steel House, 11 Tothill Street, London SW1H 9LJ The Scottish Law Commissioners are: Laura J Dunlop QC Patrick Layden QC, TD Professor Hector L MacQueen Dr Andrew J M Steven The Chief Executive of the Scottish Law Commission is Malcolm McMillan. The Scottish Law Commission is located at 140 Causewayside, Edinburgh, EH9 1PR. The terms of this report were agreed on 7 March 2012. The text of this report is available on the Internet at: http://www.lawcom.gov.uk (See Publications > Statute Law Repeals reports) http://www.scotlawcom.gov.uk/law-reform-projects/joint-projects/statute-law-repeals iii LAW COMMISSION SCOTTISH LAW COMMISSION STATUTE LAW REPEALS: NINETEENTH REPORT DRAFT STATUTE LAW (REPEALS) BILL CONTENTS Paragraph Page REPORT 1 APPENDIX 1: DRAFT STATUTE LAW (REPEALS) BILL 2 APPENDIX 2: EXPLANATORY NOTE ON THE DRAFT BILL 70 CLAUSES 1-3 70 SCHEDULE 1: REPEALS 71 PART 1 BENEVOLENT INSTITUTIONS 71 Group 1 - Sutton's Hospital in Charterhouse 1.3 71 Group 2 - Addenbrooke's Hospital 1.8 72 Group 3 - Magdalen Hospital 1.11 73 Group 4 - Female Orphan Asylum 1.16 74 Group 5 - Durham County Schools 1.18 75 Group 6 - The Philanthropic Society 1.21 76 Group 7 - Bethlem Hospital 1.25 76 Group 8 - Earl of Leicester's Hospital 1.32 78 Group 9 - Bristol School for the Blind 1.35 79 Group 10 - Middlesex Hospital 1.38 79 Group 11 - Newcastle Hospitals 1.41 80 Group 12 - London Hospital 1.47 81 Group 13 - Ireland 1.50 82 Group 14 - General Repeals 1.66 85 PART 2 CIVIL AND CRIMINAL JUSTICE 102 Group 1 - Criminal Process 2.3 102 Group 2 - Distress 2.7 103 Group 3 - Extradition 2.19 107 Group 4 - Forgery 2.22 107 Group 5 - Fraud 2.26 108 Group 6 - Police 2.31 110 Group 7 - Sale of Public Offices 2.35 111 Statutes which are not Recommended for Repeal 2.43 113 PART 3 INDIAN RAILWAYS 115 iv Paragraph Page PART 4 IRELAND (DUBLIN CITY) 138 Group 1 - Dublin Steam Packet Company 4.3 138 Group 2 - Dublin Hospitals 4.13 140 Group 3 - Dublin Police and Justice 4.30 144 Group 4 - Dublin General Post Office and Record Office 4.43 146 Group 5 - Dublin Carriages 4.53 148 Group 6 - Dublin Corporation 4.58 149 PART 5 LOCAL COURTS AND ADMINISTRATION OF JUSTICE 150 Group 1 - Cornwall 5.3 151 Group 2 - Cumbria 5.5 151 Group 3 - Derbyshire 5.7 152 Group 4 - Powys and Blaenau Gwent 5.10 152 Group 5 - Gloucestershire (and Somerset) 5.12 153 Group 6 - Herefordshire 5.16 153 Group 7 - Hertfordshire 5.19 154 Group 8 - Leicestershire 5.22 154 Group 9 - Lincolnshire 5.25 155 Group 10 - London (Greater) 5.32 157 Group 11 - Louth (Ireland) 5.39 158 Group 12 - Northumberland 5.43 159 Group 13 - Nottinghamshire 5.49 160 Group 14 - Shropshire 5.53 161 Group 15 - Suffolk 5.56 161 Group 16 - Surrey 5.59 162 Group 17 - Worcestershire 5.64 163 Group 18 - Yorkshire 5.68 164 Administration of Justice 5.78 166 PART 6 LONDON 168 Group 1 - Churches 6.4 168 Group 2 - Improvements 6.26 176 Group 3 - London Gaslight Acts 6.78 192 Group 4 - Markets 6.83 194 Group 5 - General Repeals 6.99 198 PART 7 LOTTERIES 208 PART 8 POOR RELIEF 214 Group 1 - General Repeals 8.3 215 Group 2 - Provisional Order Confirmation Repeals 8.97 232 PART 9 RAILWAYS 236 Group 1 - Abortive Railways Projects 9.5 236 Group 2 - Rates and Charges 9.205 283 Group 3 - Miscellaneous 9.220 291 PART 10 TAXATION AND PENSIONS 297 Group 1 - General Taxation 10.4 297 Group 2 - Scottish Local Taxation 10.153 321 Group 3 - Personal Accounts Delivery Authority 10.170 327 v Paragraph Page PART 11 TURNPIKES 328 Group 1 - Gloucestershire and Oxfordshire 11.10 330 Group 2 - Surrey 11.14 337 Group 3 - London to Holyhead 11.18 340 SCHEDULE 2: SAVINGS 347 APPENDIX 3: PERSONS AND ORGANISATIONS CONSULTED ABOUT THE REPEAL PROPOSALS IN THIS REPORT 348 vi THE LAW COMMISSION AND THE SCOTTISH LAW COMMISSION STATUTE LAW REPEALS: NINETEENTH REPORT Draft Statute Law (Repeals) Bill To the Right Honourable Kenneth Clarke QC, MP, Lord Chancellor and Secretary of State for Justice, and the Scottish Ministers 1. In pursuance of section 3(1)(d) of the Law Commissions Act 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 Appendix 2. Appendix 3 lists the individuals and organisations we consulted about our proposals. 2. 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.1 The proposals have been widely canvassed with the government departments and other bodies concerned, including the relevant authorities throughout Wales, Scotland and Northern Ireland.2 We have also consulted the relevant authorities in Ireland and India about the enactments that related to those countries. The report is available on the Law Commissions’ websites (www.lawcom.gov.uk and www.scotlawcom.gov.uk). 3. The report is submitted in pursuance of the Law Commissions’ programme on statute law. The broad objective of this programme is to modernise and simplify the statute book. (Signed) JAMES MUNBY Chairman, Law Commission ELIZABETH COOKE LAURA J DUNLOP DAVID HERTZELL PATRICK LAYDEN DAVID ORMEROD HECTOR L MacQUEEN FRANCES PATTERSON ANDREW J M STEVEN ELAINE LORIMER MALCOLM McMILLAN Chief Executive Chief Executive 7 March 2012 1 The enactments proposed for repeal are specified in Schedule 1 to the draft Bill. The Schedule is divided into Parts, some of which are subdivided into Groups. The Parts are, in accordance with the drafting practice adopted in Statute Law (Repeals) Acts since 1975, presented according to their alphabetical order of title. 2 Where the proposals extend to Wales, those consulted include the Wales Office and the Counsel General to the Welsh Assembly Government. Where the proposals extend to Scotland, those consulted include the Scottish Government and the departments responsible for reserved matters in relation to Scotland. Where the proposals extend to Northern Ireland, those consulted include the Northern Ireland Office and the Northern Ireland Executive. 1 (Report, paragraph 1) Appendix 1 - Draft Statute Law (Repeals) Bill CONTENTS 1 Repeals and revocations 2Extent 3 Short title and commencement Schedule 1 — Repeals and Revocations Part 1 — Benevolent Institutions Part 2 — Civil and Criminal Justice Part 3 — Indian Railways Part 4 — Ireland (Dublin City) Part 5 — Local Courts and Administration of Justice Part 6 — London Part 7 — Lotteries Part 8 — Poor Relief Part 9 — Railways Part 10 — Taxation and Pensions Part 11 — Turnpikes Schedule 2 — Savings 30 55/1 2 Statute Law (Repeals) Bill 1 A BILL TO Promote the reform of the statute law by the repeal, in 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. E 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 BParliament assembled, and by the authority of the same, as follows:— 1 Repeals and revocations The enactments referred to in Schedule 1 are repealed or revoked to the extent shown, subject to the savings contained in Schedule 2. 2 Extent (1) Any repeal or revocation made by this Act (and any saving in Schedule 2 which 5 relates to it) extends to the part or parts of the United Kingdom to which the enactment being repealed or revoked extends. (2) Her Majesty may by Order in Council provide for any repeal or revocation made by this Act to extend, with or without modifications, to any of the Channel Islands, the Isle of Man or any British overseas territory. 10 3 Short title and commencement (1) This Act may be cited as the Statute Law (Repeals) Act 2012. (2) This Act comes into force on the day on which it is passed. 30 55/1 3 2 Statute Law (Repeals) Bill Schedule 1 — Repeals and Revocations SCHEDULES SCHEDULE 1 Section 1 REPEALS AND REVOCATIONS PART 1 BENEVOLENT INSTITUTIONS 5 GROUP 1 - SUTTON’S HOSPITAL IN CHARTERHOUSE Reference Extent of repeal 8 Geo.1 c.29 (1721) The whole Act. (Charterhouse Governors (Quorum) Act) 10 Sutton’s Hospital in The whole Act. Charterhouse Charity Scheme Confirmation Act 1948 (11 & 12 Geo.6 c.v) Sutton’s Hospital The whole Act. 15 (Charterhouse) Charity Scheme Confirmation Act 1956 (4 & 5 Eliz.2 c.lvi) GROUP 2 - ADDENBROOKE’S HOSPITAL Reference Extent of repeal 20 7 Geo.3 c.99 (1767) The whole Act.
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