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Statute Law (Repeals) Bill [HL]

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Statute Law (Repeals) Bill [HL] Statute Law (Repeals) Bill [HL] [AS AMENDED IN COMMITTEE ON RECOMMITMENT] CONTENTS 1 Repeals and associated provisions 2Extent 3Short title Schedule 1 — Repeals Part 1 — Administration of Justice Part 2 — Agriculture Part 3 — Allotments and smallholdings Part 4 — Aviation Part 5 — Defunct bodies Part 6 — Ecclesiastical Part 7 — Education Part 8 — Employment Part 9 — Finance Part 10 — Local government Part 11 — Pensions Part 12 — Property Part 13 — Public health Part 14 — Road traffic Part 15 — Scottish Acts Part 16 — Trade and industry Part 17 — Miscellaneous Schedule 2 — Consequential and connected provisions HL Bill 83 53/3 Statute Law (Repeals) Bill [HL] 1 A BILL [AS AMENDED IN COMMITTEE ON RECOMMITMENT] 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, 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, and Commons, in this present BParliament assembled, and by the authority of the same, as follows:— 1 Repeals and associated provisions (1) The enactments referred to in Schedule 1 are repealed, and the instruments referred to there are revoked, to the extent specified in the second column of that Schedule. (2) Schedule 2 (consequential and connected provisions) has effect. 5 (3) In determining for the purposes of section 1 of the Regulatory Reform Act 2001 (c. 6) (power by order to make provision reforming law which imposes burdens) whether any provision of an Act falls within subsection (4)(a) of that section (provision amended by an Act within previous two years), the effect of this Act is to be disregarded. 10 2 Extent (1) This Act extends to Northern Ireland. (2) This Act also extends to the Isle of Man. (3) Her Majesty may by Order in Council provide— (a) that the repeal by this Act of any enactment specified in the Order shall 15 on a date so specified extend to any of the Channel Islands or any British overseas territory, and HL Bill 83 53/3 2 Statute Law (Repeals) Bill [HL] (b) that any provision of Schedule 2 specified in the Order shall on a date so specified extend to any of the Channel Islands or any British overseas territory subject to any modification so specified. (4) Except as provided by an order under subsection (3), this Act does not repeal or amend any enactment so far as the enactment forms part of the law of a 5 country outside the United Kingdom and the Isle of Man. (5) Subsections (3) and (4) apply to revocation of the whole or part of an instrument as they apply to repeal of an enactment. 3 Short title This Act may be cited as the Statute Law (Repeals) Act 2004. 10 Statute Law (Repeals) Bill [HL] 3 Schedule 1 — Repeals SCHEDULES SCHEDULE 1 Section 1(1) REPEALS PART 1 ADMINISTRATION OF JUSTICE 5 GROUP 1 - JUDICIAL COMMITTEE OF THE PRIVY COUNCIL Reference Extent of repeal or revocation Judicial Committee Act 1833 (3 Section 14. & 4 Will. 4 c. 41) Section 23. In section 24, the words from “said Courts” to 10 “any other” and from “in India” to “Good Hope”. Court of Chancery Act 1851 (14 The whole Act. & 15 Vict. c. 83) Judicial Committee In the Schedule, the entries for “New South 15 Amendment Act 1895 (58 & Wales”, “Queensland”, “South Australia”, 59 Vict. c. 44) “Tasmania”, “Victoria” and “Western Australia”. Appellate Jurisdiction Act 1908 Section 1. (8 Edw. 7 c. 51) Section 3. 20 Schedule. GROUP 2 - CENTRAL CRIMINAL COURT (PRISONS) ACT 1881 Reference Extent of repeal or revocation Central Criminal Court The whole Act. (Prisons) Act 1881 (44 & 45 25 Vict. c. 64) Administration of Justice Act In Schedule 3, paragraph 10. 1964 (c. 42) Courts Act 1971 (c. 23) In Schedule 8, paragraph 14. GROUP 3 - COURTS ACT 1971 30 Reference Extent of repeal or revocation Courts Act 1971 (c. 23) Section 20(5) and (6). Section 41. 4 Statute Law (Repeals) Bill [HL] Schedule 1 — Repeals Part 1 — Administration of Justice Reference Extent of repeal or revocation Courts Act 1971 (c. 23)—cont. Section 42(1) and (4). Section 43. Section 53. Section 55(4). 5 Section 59(2) to (4). In section 59(5), paragraphs (a) and (e). In section 59(6), paragraph (a) and, in paragraph (e), the words “section 12 of the Indictable Offences Act 1848 and”. 10 In Schedule 2, in Part 1, paragraph 1 and, in paragraph 3(2), the words from “, other” to “by virtue of this Act,”. In Schedule 2, in Part 2, paragraph 8. Schedule 5. 15 In Schedule 7, paragraphs 4 and 5. In Schedule 8, in Part 2, paragraphs 55, 59, 60(1) and 60(2). In Schedule 9, in Part 1, the entries relating to the Inclosure Act 1845, the Trade Union Act 20 1871, the Brine Pumping (Compensation for Subsidence) Act 1891, the Dogs Amendment Act 1938, the Water Act 1945, the Shops Act 1950, the Agriculture (Safety, Health and Welfare Provisions) Act 1956, the Affiliation 25 Proceedings Act 1957, the Trading Representations (Disabled Persons) Act 1958, the Adoption Act 1958 and the Factories Act 1961. In Schedule 10, paragraphs 1(3), 2 to 8, 10 and 30 17. GROUP 4 - GENERAL REPEALS Reference Extent of repeal or revocation Limitation of Actions and Costs Section 2. Act 1842 (5 & 6 Vict. c. 97) 35 Law Reform (Miscellaneous Section 3(1C). Provisions) Act 1934 (24 & 25 In section 3(1D), the words from “and any Geo. 5 c. 41) reference” to the end. City of London (Courts) Act In section 7, the words “the remuneration of, 1964 (c. iv) and”. 40 Administration of Justice Act In Schedule 1, the entries relating to the Clergy 1965 (c. 2) Residence Act 1826, the Inclosure Act 1845, the Tithe Act 1846 and the Tithe Act 1860. Administration of Justice Act Section 36(5) and (6). 1969 (c. 58) In Schedule 1, the entries relating to the Settled 45 Land Act 1925 and the County Courts Act 1959. Administration of Justice Act Section 41(5). 1970 (c. 31) Section 54(4). Statute Law (Repeals) Bill [HL] 5 Schedule 1 — Repeals Part 1 — Administration of Justice Reference Extent of repeal or revocation Administration of Justice Act In section 54(6), the words “, and section 2(5)” 1970 (c. 31)—cont. and “, 43(6)”. In Schedule 2, paragraphs 26 and 28. Administration of Justice Act Section 6. 5 1973 (c. 15) Schedule 2. Litigants in Person (Costs and Section 2(2) and (3). Expenses) Act 1975 (c. 47) Administration of Justice Act Section 1. 1977 (c. 38) Section 2(3). 10 Section 5(3). Sections 11 and 12. Section 19(2). Section 32(5) to (7). In Schedule 2, in Part 1, paragraphs 3, 4 and 6. 15 Contempt of Court Act 1981 Section 3(4). (c. 49) Section 4(4). In Schedule 2, in Part 3, paragraph 1. Supreme Court Act 1981 (c. 54) Section 141. Section 152(2) and (5). 20 In Schedule 5, the entries relating to the Nurses (Amendment) Act 1961, the Rivers (Prevention of Pollution) Act 1961, the Administration of Justice Act 1964, the Administration of Justice Act 1965, the 25 Matrimonial Causes Act 1967, the Health and Safety at Work etc. Act 1974 and the Arbitration Act 1979. Administration of Justice Act Section 3(2). 1982 (c. 53) Section 6(3). 30 Section 34(1) and (2). Section 35. In section 46(2), paragraphs (a)(iv), (c) and (g). Sections 49 and 50. Section 59(3). 35 Section 73(8). Section 77(5). In Schedule 3, paragraphs 4(b) and (c) and 7. In Schedule 8, paragraph 3. County Courts (Penalties for Section 2(2). 40 Contempt) Act 1983 (c. 45) County Courts Act 1984 (c. 28) In section 24(2)(g), the words “and 25”. In Schedule 2, paragraphs 22, 24, 30, 35, 36, 38, 39, 44 to 46, 48, 50, 57, 63, 73, 74, 76 and 77. Administration of Justice Act Section 51(2). 45 1985 (c. 61) Public Trustee and Section 4. Administration of Funds Act Section 6(2). 1986 (c. 57) Courts and Legal Services Act Section 2(4). 50 1990 (c. 41) Section 12. Section 14. 6 Statute Law (Repeals) Bill [HL] Schedule 1 — Repeals Part 2 — Agriculture Reference Extent of repeal or revocation Courts and Legal Services Act Section 16. 1990 (c. 41)—cont. Section 62. Section 78(3) and (4). Section 84. 5 Section 93(4). Section 109(5) and (6). Section 114. In Schedule 17, paragraphs 1, 3, 9 and 18. Supreme Court (Offices) Act The whole Act. 10 1997 (c. 69) Access to Justice Act 1999 (c. 22) Section 35(1). Section 70. Section 79. PART 2 15 AGRICULTURE GROUP 1 - AGRICULTURAL DEVELOPMENT, PRODUCTION AND MARKETING Reference Extent of repeal or revocation Agriculture (Miscellaneous In Schedule 3, the entries relating to sections 5, Provisions) Act 1943 (6 & 7 7, 11, 12, 13, 15 and 16 of the Corn Returns Act 20 Geo. 6 c. 16) 1882. Agriculture (Miscellaneous The whole Act. Provisions) Act 1944 (7 & 8 Geo. 6 c. 28) Hill Farming Act 1946 (9 & 10 Section 10. 25 Geo. 6 c. 73) In section 36(2), the words from “, or retained” to “United Kingdom,”. In section 37(1), paragraph (b). Agriculture Act 1947 (10 & 11 Sections 83 and 84.
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