English Law (Application) 1962-17

ENGLISH LAW (APPLICATION) ACT

Principal Act

Act. No. 1962-17 Commencement 1.6.1962 Assent 31.5.1962

Amending Relevant current provisions Commenceme enactments nt date Acts. 1965-18 Schedule. 1970-24 Schedule. Part II 1971-19 Schedule. Part I 1972-01 Schedule. Part I 1972-04 – 1972-06 – 1972-13 Schedule. Part I 1972-15 Schedule. Part I 1973-18 Schedule. Part II 1973-25 section.6 1973-31 Schedule. Part II 1973-34 Schedule. Part II LN. 1976/113 – Acts. 1977-02 Schedule. Part II LN. 1979/026 Schedule. Part I Acts. 1983-45 Schedule. Parts I and III 19.12.1983 1983-48 section. 2(2) and Schedule. Part I 31.12.1983 2009-25 Schedule. Part I 9.7.2009 2011-23 Schedule. Part III [items 15 & 18] 23.11.2012

English sources

None cited

Appendices

These appendices are printed without legislative authority. It should not be assumed that they are either complete or correct.

Appendix 1: Acts of the Parliament at Westminster that extend to Gibraltar or have been applied by Order in Council.

Appendix 2: Acts of the Parliament at Westminster that have been disapplied since 1 June 1962.

Appendix 3: Matters of common law that have been abolished in Gibraltar since 1 June 1962.

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ARRANGEMENT OF SECTIONS.

Section 1. Short title. 2. Application of common law and equity. 3. Application of English Acts. 4. Amendment of English Acts. 5. Disapplication by resolution of the Parliament. 6. Repeal by Parliament. 7. Saving for the Crown.

SCHEDULE. Acts in force in Gibraltar by section 3(1)(a).

AN ACT TO DECLARE THE EXTENT TO WHICH ENGLISH LAW IS IN FORCE IN GIBRALTAR.

Short Title.

1. This Act may be cited as the English Law (Application) Act.

Application of common law and equity.

2.(1) The common law and the rules of equity from time to time in force in England shall be in force in Gibraltar, so far as they may be applicable to the circumstances of Gibraltar and subject to such modifications thereto as such circumstances may require, save to the extent to which the common law or any rule of equity may from time to time be modified or excluded by–

(a) any Order of Her Majesty in Council which applies to Gibraltar; or

(b) any Act of the Parliament at Westminster which applies to Gibraltar, whether by express provision or by necessary implication; or

(2) In all causes or matters in which there is any conflict or variance between the common law and the rules of equity with reference to the same subject, the rules of equity shall prevail.

Application of English Acts.

3.(1) Subject to the provisions of this section and of any other Act, the law of England as set out in the following Acts shall be in force in Gibraltar–

(a) the Acts listed in the Schedule, to the extent shown in the fourth column of each Part;

(b) any other Act of the Parliament at Westminster applied to Gibraltar by –

(i) any Order of Her Majesty in Council; or

(ii) any express provision in the Act, or by necessary implication; or

(iii) any Act.

(2) The Parliament may, by resolution, add to Part I of the Schedule any Act of the Parliament at Westminster passed before the 31st day of December 1883 or vary the extent of the application of any Act listed in that Part.

(3) The Acts referred to in subsections (1) and (2) shall be read and construed with such formal alterations or modifications as to names, localities, courts, officers, persons or otherwise as may be necessary to make them applicable to the circumstances of Gibraltar.

Amendment of English Acts.

4.(1) The Acts referred to in section 3 shall apply subject to any amendments made by–

(a) any Order of Her Majesty in Council that applies to Gibraltar;

(b) any Act of the Parliament at Westminster that applies to Gibraltar; or

(2) The Acts listed in Part I of the Schedule shall apply as amended by the Acts listed in the fifth column of that Part.

(3) The Acts listed in Part III of the Schedule shall apply to Gibraltar subject to such amendments as may have been or may from time to time be made by any Act of the Parliament at Westminster, whether or not such Act is or has been in force in Gibraltar.

Disapplication by resolution of the Parliament.

5. The Parliament may, by resolution, delete any Act from Part I of the Schedule.

Repeal by Parliament.

6. The Acts referred to in section 3, as applied to Gibraltar, shall continue in force in Gibraltar notwithstanding that they may have been or may be repealed in whole or in part in England, unless and until disapplied under the provisions of this or any other Act.

Saving for the Crown.

7. Nothing in this Act shall diminish or derogate from–

(a) any rights, privileges or powers of the Crown; or

(b) the right of Her Majesty in Council to make laws from time to time for the peace, order and good government of Gibraltar.

Section 3(1)(a)

SCHEDULE

LAWS OF ENGLAND IN FORCE IN GIBRALTAR PART I

Extent of Amending Item Session & Chapter Subject or Short Title Application Enactments where less than whole 1 52 Hen. 3 cc.1 & 4 Distress (1267) 2 13 Edw. 1 c.1 Estates Tail (1285) 3 18 Edw 1 c.1 Freeholders may Sell Land (1289) 4 18 Edw c.2 Sale of Part of Land (1289) 5 18 Edw c.3 Mortmain Prohibited (1289) 6 25 Edw. 1 c.1 Confirmation of Liberties Charities Act (1297) 1860 7 25 Edw. c.8 Crown Debt (1297) 8 25 Edw. c.29 Criminal and Civil Justice (1297) 9 28 Edw. 3 c.3 Criminal Procedure, Imprisonment (1354) 10 27 Hen. 8 c.10 Statute of Uses (1535) Sections 1-5, 7, 8 & 10 11 31 Hen. 8 c.1 Joint Tenants and Tenants in Common (1539) 12 32 Hen. 8 c.32 Joint Tenants for Life or Years (1540) 13 32 Hen. 8 c.34 Grantees of Reversions Section 4 (1540) 14 32 Hen. 8 c.37 Cestui que Vie (1540) Sections 1 & 2 Statute Law Revision Acts 1888 and 1948 15 34 & 35 Hen 8 c.20 Feigned Recoveries (1542) Sections 1-3 and 5 Statute Law Revision Act 1888 16 13 Eliz. 1 c.5 Fraudulent Conveyances Sections 1-4 (1571) 17 27 Eliz. 1 c.4 Fraudulent Conveyances (1584) 18 16 & 17 Car. 2 c.5 Execution Act, 1664 Sections 1, 2 and 3 19 18 & 19 Car. 2 c.11 Cestui Que Vie Act, 1666 Sections 1 and 4 20 29 Car. 2 c.3 Statute of Frauds, 1677 Sections 1, 2, 3, 7, Statute Law 8 and 9 Revision Acts 1888 and 1948 21 4 Will. & Mar. c.16 Clandestine Mortgages, 1692 22 11 Will. 3 c.7 Piracy Act, 1698 Sections 7, 8, 11, Statute Law 12, 14, 16 and Revision Act

17 1888; Criminal Law Act 1967 23 6 Anne c.72 Cestui Que Vie Act, 1707 Statute Law Revision Act 1888 24 8 Anne c.18 Landlord and Tenant Act, Sections 1, 4 and 6 Statute Law 1709 Revision Act 1948 25 9 Anne c.19 Gaming Act, 1710 Section 1 Gaming Act 1835 26 8 Geo 1 c.24 Piracy Act, 1721 Sections 1, 2, 3 Statute Law and 6 Revision Act 1888; Criminal Law Act 1967 27 4 Geo 2 c.28 Landlord and Tenant Act, Sections 1, 5 and 6 Statute Law 1730 Revision Act 1948 28 7 Geo 2 c.20 Mortgage Act, 1733 29 14 Geo 3 c.48 Life Assurance Act, 1774 Statute Law Revision Act 1888 30 14 Geo 3 c.78 Fire Prevention (Metropolis) Sections 83 and 86 Statute Law Act, 1774 Revision Acts 1861, 1888 and 1948 31 32 Geo 3 c.56 Servants’ Characters Act, Sections 1-6 Summary 1792 Jurisdiction Act 1884; Statute Law Revision 1888 32 33 Geo. 3 c.67 Shipping Offences Act, Sections 1, 3 and Statute Law 1793 8 Revision Act 1888; Criminal Law Act 1967 33 37 Geo. 3 c.70 Incitement to Mutiny Act, Sections 1 and 3 Statute Law 1797 and as extended Revision by S.R. & O. 1888; 1918 No. 548 Criminal Law Act 1967 34 37 Geo. 3 c.123 Unlawful Oaths Act, 1797 Statute Law Revision Act 1888; Criminal Law Act 1967 35 39 Geo. 3 c.37 Offences at Sea Act, 1799 Statute Law Revision Acts 1888 and 1948; Criminal Law Act

1967 36 39 & 40 Geo. 3 c.98 Accumulations Act, 1800 Sections 1, 2 and Statute Law 4 Revision Act 1888 37 43 Geo. 3 c.140 Habeas Corpus Act, 1803 38 46 Geo. 3 c.37 Witnesses Act, 1806 39 52 Geo. 3 c.104 Unlawful Oaths Act, 1812 Sections 1, 2, 4, 5, Statute Law 6 and 8 Revision Acts 1874 and 1888; Criminal Law Act 1967 40 56 Geo. 3 c.100 Habeas Corpus Act, 1816 Statute Law Revision Acts 1888 and (No. 2) 1890 41 57 Geo. 3 c.19 Seditious Meetings Act, Section 29 Statute Law 1817 Revision Acts 1873, 1888, 1890 and (No. 2) 1890; Criminal Law Act 1967 42 57 Geo. 3 c.52 Deserted Tenements Act, Statute Law 1817 Revision Act (No. 2) 1890 43 60 Geo. 3 & 1 Geo. Unlawful Drilling Act, Sections 1, 2, 4 Statute Law 4 c.1. 1819 and 7 Revision Acts 1888 and 1890 44 7 Geo. 4 c.6 Bank Notes Act, 1826 Sections 3, 5, 7, 9 Statute Law and 10 Revision Acts 1873; (No. 2) 1888 and (No. 2) 1890 45 9 Geo. 4 c.14 Statute of Frauds Section 6 Amendment Act, 1828 46 2 & 3 Will. 4 c.71 Prescription Act, 1832 Sections 1-8 Statute Law Revision Acts (No. 2) 1888 and 1890 47 3 & 4 Will. 4 c.74 Fines and Recoveries Act, Sections 1-16, 25 Married 1833 and 26, 28, 54, Women’s 56-74 and 76-90 Property Act 1907; Statute Law Revision Acts (No. 2) 1888, 1890

and 1892; Criminal Law Act 1967 48 4 & 5 Will. 4 c.22 Apportionment Act, 1834 Statute Law Revision Acts (No. 2) 1888, (No. 2) 1890 and 1892 49 5 & 6 Will. 4 c.41 Gaming Act, 1835 Section 1 Statute Law Revision Acts 1874 and (No. 2) 1890 Criminal Law Act 1967 50 Repealed1 51 7 Will. 4 & 1 Vict. Piracy Act, 1837* Sections 2 and 4 Statute Law c.88 Revision Act (No. 2) 1888; Criminal Law Act 1967 52 1 & 2 Vict. c.74 Small Tenements Recovery Sections 1 to 7 Statute Law Act, 1838 Revision Acts (No. 2) 1888 and (No. 2) 1890 53 1 & 2 Vict. c.110 Judgments Act, 1838 Sections 12-15, Statute Law 18 and 22 Revision Acts (No. 2) 1874; (No. 2) 1888; (No. 2) 1890; Civil Procedure Acts Repeal Act 1879 54 3 & 4 Vict. c.82 Judgments Act, 1840 55 8 & 9 Vict. c.106 Real Property Act 1845 56 12 & 13 Vict. c.26 Leases Act 1849 57 13 & 14 Vict. c.17 Leases Act 1850 58 13 & 14 Vict. c.26 Piracy Act 1850 Sections 2, 5 and Statute Law 6 Revisions Acts 1875 and 1891 59 15 & 16 Vict. c.24 Wills Act (Amendment) Sections 1-3 and 5

1 item 50 repealed by Act 2009-25 as from 9.7.2009 * The Piracy Act 1837 as it applies to Gibraltar by virtue of section 3 of the English Law (Application) Ordinance shall be amended in section 2 (punishment of piracy when murder is attempted) by substituting for the words “and being convicted thereof shall suffer death”, the words “and being convicted thereof shall be liable to imprisonment for life” (see Ord. 2002-01).

Act 1852 60 16 & 17 Vict. c.83 Evidence (Amendment) Act 1853 61 18 & 19 Vict. c.111 Bills of Lading Act 1855 62 19 & 20 Vict. c.97 Mercantile Law Sections 3, 5 and Statute Law Amendment Act 1856 16 Revision Act 1892 63 22 & 23 Vict. c.35 Law of Property Sections 1-3, 10- Amendment Act 1859 13, 21-25 and 27- 29 64 23 & 24 Vict. c.38 Law of Property Amendment Act 1860 65 24 & 25 Vict. c.94 Accessories and Abettors Section 8 Statute Law Act 1861 Revision Act 1892; Criminal Law Act 1967 66 24 & 25 Vict. c.98 Forgery Act 1861 Sections 28, 34, Criminal Law 36, 37, 44 and 50 Act 1967 67 28 & 29 Vict. c.18 Criminal Procedure Act, Sections 1-9 Criminal Law 1865 Act 1967 68 30 & 31 Vict. c.48 Sales of Land Auction Act Sections 1 and 3-8 Statute Law 1867 Revision Act 1893

69 30 & 31 Vict. c.144 Policies of Assurance Act, Statute Law 1867 Revision Act 1893 71 31 & 32 Vict. c.4 Sales of Reversions Act, 1867 72 31 & 32 Vict. c.40 Partition Act, 1868 73 32 & 33 Vict. c.68 Evidence Further Sections 3 and 5 Statute Law Amendment Act, 1869 Revision Act (No.2) 1893 74 33 & 34 Vict. c.30 Wages Attachment Sections 1 and 2 Statute Law Abolition Act, 1870 Revision Act (No.2) 1893. 75 33 & 34 Vict. c.35 Apportionment Act, 1870 Statute Law Revision Act (No.2) 1893 76 34 & 35 Vict. c.112 Prevention of Crimes Act, Sections 10 and 1871 11 77 35 & 36 Vict. c.26 Review of Justices Sections 1-10, 12, Statute Law Decisions Act, 1872 13 and 16 Revision Acts 1883 and 1893 (No.2) 78 37 & 38 Vict. c.37 Powers of Appointment Sections 1, 3-11 Statute Law Act, 1874 and 13-15 Revision Act (No.2)1893; Trade Disputes

Act 1906 and Electricity Supply Act 1919 79 37 & 38 Vict. c.78 Vendor and Purchaser Act, 1874 80 38 & 39 Vict. c.25 Public Stores Act, 1875 81 38 & 39 Vict. c.86 Conspiracy and Protection of Property Act, 1875 82 39 & 40 Vict. c.17 Partition Act, 1876 83 40 & 41 Vict. c.18 Settled Estates Act, 1877 84 41 & 42 Vict. c.33 Contingent Remainders Act, 1877 85 41 & 42 Vict. c.54 Debtors Act, 1878 86 44 & 45 Vict. c.41 Conveyancing Act, 1881 Except sections Acts. 1889 39, 40 and 48 No.15 and 1972 Nos. 6 and 13 Except section 61(6) 87 45 & 46 Vict. c.38 Settled Land Act, 1882 Except section 61(6) 88 45 & 46 Vict. c.39 Conveyancing Act, 1882 Except sections 8 and 9

PART II

Item Session or Year and Short Title Extent of Chapter Application, where less than the whole 1 6 & 7 Eliz. 2. c.53 Variation of Trusts Act 1958 2 1968 c. 64. Civil Evidence Act 1968 Except section 17(2) 3 1972 c.31 Civil Evidence Act 1972

PART III

Item Session and Chapter Short Title Extent of Application 1 34 Edw. 3 Justices of the Peace Act 1361 2 31 Car. 2 c.2 Habeas Corpus Act 1679 ss. 1-9 and 15-18 3 2 Will. & Mar. c.5 Distress for Rent Act 1689 4 11 Geo. 2 c.19 Distress for Rent Act 1737 ss. 1-10 and 14-20 5 24 Geo. 2 c.23 Calendar (New Style) Act 1750 6 11 Geo.4 & 1Will. 4 c.68 Carriers Act 1830 7 5 & 6 Will. 4 c.62 Statutory Declarations Act 1835 ss. 2-4, 6-10 and 12- 20 8 6 & 7 Vict. c.85 Evidence Act 1843 ss. 1 and 2 9 7 & 8 Vict. c.96 Execution Act 1844 ss. 60-69 and 73 10 8 & 9 Vict. c.113 Evidence Act 1845 ss. 1-4 11 8 & 9 Vict. c.124 Leases Act 1845 12 11 & 12 Vict. c.44 Justices Protection Act 1848 ss. 1-7, 10 and 13 13 14 & 15 Vict. c.99 Evidence Act 1851 ss. 2, 3, 5, 6-11, 13- 16 and 19 14 14 & 15 Vict. c.100 Criminal Procedure Act 1851 ss. 18 and 27-30 15 Deleted 16 32 & 33 Vict. c.62 Debtors Act 1869 ss. 1-6, 8, 10, 13, 18 and 23 17 42 & 43 Vict. c.11 Bankers’ Books Evidence Act 1879 18 Deleted

APPENDIX I. ACTS OF THE PARLIAMENT AT WESTMINSTER THAT EXTEND TO GIBRALTAR OR HAVE BEEN APPLIED BY ORDER IN COUNCIL

(Note: This list is published for convenience and is without statutory authority)

Item Session & Chapter Short Title Extent of How Applied Application if not by Act itself

1 42 Geo. 3 c.85 Criminal Jurisdiction Act, 1802 2 5 Geo. 4 c.113 Slave Trade Act 1824 3 3 & 4 Will. 4 c.41 Judicial Committee Act, 1833 4 6 & 7 Vict. c.38 Judicial Committee Act, 1843 5 6 & 7 Vict. c.98 Slave Trade Act, 1843 6 7 & 8 Vict. c.69 Judicial Committee Act, 1844 7 12 & 13 Vict. c.96 Admiralty Offences (Colonial) Act, 1849 8 13 & 14 Vict. c.26 Piracy Act, 1850 9 14 & 15 Vict. c.99 Evidence Act, 1851 ss.7, 11, and 19 10 16 & 17 Vict. c.49 Colonial Bishops Act, 1853 11 22 & 23 Vict. c.12 Colonial Affidavits Act, 1859 12 22 & 23 Vict. c.63 British Law Ascertainment Act, 1859 13 23 & 24 Vict. c.122 Admiralty Offences (Colonial) Act, 1860 14 24 & 25 Vict. c.100 Offences against the Person Act, ss.18, 20-23, S.I. 1973 No. 1861 28 and 29 1757 for the purposes of s.2 of the Hijacking Act 1971 and ss.18, 20-24, 28 and 29 for those of the Protection of Aircraft Act 1973, only 15 25 & 26 Vict. c.20 Habeas Corpus Act, 1862 Except ss.1-3 16 27 & 28 Vict. c.25 Naval Prize Act, 1864 17 28 & 29 Vict. c.63 Colonial Laws Validity Act, 1865 18 28 & 29 Vict. c.64 Colonial Marriages Act, 1865 19 31 & 32 Vict. c.37 Documentary Evidence Act, 1868 20 32 & 33 Vict. c.10 Colonial Prisoners Removal Act, 1869 21 33 & 34 Vict. c.52 Extradition Act, 1870 22 33 & 34 Vict. c.90 Foreign Enlistment Act, 1870

23 36 & 37 Vict. c.60 Extradition Act, 1873 24 37 & 38 Vict. c.27 Courts (Colonial) Jurisdiction Act, 1874 25 37 & 38 Vict. c.77 Colonial Clergy Act, 1874 26 40 & 41 Vict. c.59 Colonial Stock Act, 1877 27 41 & 42 Vict. c.73 Territorial Waters Jurisdiction Act, 1878 28 45 & 46 Vict. c.9 Documentary Evidence Act, 1882 29 47 & 48 Vict. c.31 Colonial Prisoners Removal Act, 1884 30 48 & 49 Vict. c.49 Submarine Telegraph Act, 1885 31 53 & 54 Vict. c.27 Colonial Courts of Admiralty As adapted S.I. 1961 No. Act, 1890 2031 32 53 & 54 Vict. c.37 Foreign Jurisdiction Act, 1890 ss.6 and 9 33 55 & 56 Vict. c.6 Colonial Probates Act, 1892 S.I. 1965 No. 1530 34 55 & 56 Vict. c.35 Colonial Stock Act, 1892 35 56 & 57 Vict. c.5 Regimental Debts Act, 1893 36 57 & 58 Vict. c.39 Prize Courts Act, 1894 37 57 & 58 Vict. c.60 Merchant Shipping Act, 1894 38 58 & 59 Vict. c.34 Colonial Boundaries Act, 1895 39 1 Edw. 7 c.5 Demise of the Crown Act, 1901 40 6 Edw. 7 c.15 Extradition Act, 1906 41 7 Edw. 7 c.16 Evidence (Colonial Statutes) Act, 1907 42 1 & 2 Geo. 5 c.28 Official Secrets Act, 1911 43 1 & 2 Geo. 5 c.57 Maritime Convention Act, 1911 Except s.5 44 2 & 3 Geo. 5 c.10 Seal Fisheries (North Pacific) ss.3 and 4 S.R.O. 1913 Act, 1912 No. 488 45 4 & 5 Geo. 5 c.13 Prize Courts (Procedure) Act, 1914 46 4 & 5 Geo. 5 c.59 Bankruptcy Act, 1914 s.122 47 5 & 6 Geo. 5 c.40 Marriage of British Subjects s.1 S.R.O. 1917 (Facilities) Act, 1915 No. 1242 48 5 & 6 Geo. 5 c.57 Prize Courts Act, 1915 49 6 & 7 Geo. 5 c.2 Naval Prize (Procedure) Act, 1916 50 6 & 7 Geo. 5 c.21 Marriage of British Subjects (Facilities) Amendment Act 1916 51 10 & 11 Geo. 5 c.33 +Maintenance Orders (Facilities S.R.O. 1921 for Enforcement) Act, 1920 No. 1641 52 10 & 11 Geo. 5 c.75 Official Secrets Act, 1920 53 10 & 11 Geo. 5 c.81 Administration of Justice Act, Part II S.R.O. 1921 1920 No. 1394 54 15 & 16 Geo. 5 c.42 Merchant Shipping S.R.O. 1940 (International Labour No. 369 Conventions) Act, 1925 55 21 & 22 Geo. 5 c .9 Colonial Naval Defence Act

 As regards the application of the Merchant Shipping Acts, see s.221 of the Merchant Shipping Ordinance (Ord. 1935-09) and Sch. 2 to the Crown Proceedings Ordinance (Ord. 1951-10). + This Act was repealed by the Maintenance Orders (Reciprocal Enforcement) Act 1972 but the Order in Council subsists, under s. 22(1) of the latter Act, until revoked on Gibraltar becoming a reciprocating country under s.1.

1931 56 22 Geo. 5 c.9 Merchant Shipping (Safety and s.29 S.I. 1935 No. Load Line Conventions) Act 837 1932 57 22 & 23 Geo. 5 c .39 Extradition Act, 1932 S.I. 1961 No. 2047 58 23 & 24 Geo. 5 c.4 Evidence (Foreign, Dominion and Colonial Documents) Act, 1933 59 23 & 24 Geo. 5 c.6 Visiting Forces (British ss.1-4 as S.R.O. 1940 Commonwealth) Act, 1933 adapted and No 1373 modified 60 23 & 24 Geo. 5 c.13 Foreign Judgments (Reciprocal S.R.O. 1933 Enforcement) Act 1933 No. 1073 61 24 & 25 Geo. 5 c.49 Whaling Industry (Regulation) Except ss.9(2) S.R.O. 1936 Act, 1934 and 15 and No. 716 as adapted 62 25 & 26 Geo. 5 c.25 Counterfeit Currency (Convention) Act, 1935 63 2 & 3 Geo. 6 c.65 Prize Act 1939 64 2 & 3 Geo. 6 c.121 Official Secrets Act 1939 65 7 & 8 Geo. 6 c.7 Prize Salvage Act 1944 66 9 & 10 Geo. 6 c.74 Coinage Act 1946 S.R.O. 1947 No. 2305 67 12, 13 & 14 Geo. 6 Colonial Stock Act, 1948 c.1 68 12, 13 & 14 Geo. 6 Colonial Naval Defence Act c.18 1949 69 12, 13 & 14 Geo. 6 Wireless Telegraphy Act, 1949 S.I 1954 No. c.54 488 70 12, 13 & 14 Geo. 6 Civil Aviation Act, 1949 ss.8-11, 13, S.I. 1952 No. c.67 14, 27, 38, 868 40, 41, 51, 53 and 57- 63 71 15 & 16 Geo. 6 & 1 Visiting Forces Act, 1952 Except s.15 S.I. 1954 No. Eliz. 2 c.67 636 72 3 & 4 Eliz. 2 c.18 Army Act, 1955 73 3 & 4 Eliz. 2 c.19 Air Force Act, 1955 74 4 & 5 Eliz. 2 c.74 Copyright Act, 1956 Except ss.8, S.I. 1960 No. 23-30, 32, 847 34, 35, 42 and 44 and Fourth and Fifth Schedules 75 5 & 6 Eliz. 2 c.52 Geneva Conventions Act, 1957 Except ss.4 S.I. 1959 No. and 8(2) as 1301 modified 76 5 & 6 Eliz. 2 c.53 Naval Discipline Act, 1957 ss.1(1), 2(1), S.I. 1967 Nos. (2) and (3), 809 and 810 3, 4, 5, 7, 8, 13 and 14(2), as modified 77 9 & 10 Eliz. 2 c.27 Carriage by Air Act, 1961 78 9 & 10 Eliz. 2 c.52 Army and Air Force Act, 1961

79 10 & 11 Eliz. 2 c.43 Carriage by Air (Supplementary ss.1(1), 2(1) S.I. 1967 Nos. Provisions) Act 1962 (b) and (2), 809 and 3 and 6, as 810. modified 80 1965 c.37 Carriage of Goods by Road Act, ss.1-6, 7(1), S.1. 1967 No. 1965 13 and 820 and 14(2) 1981 No. 604

81 1965 c.47 Merchant Shipping Act, 1965 ss.1,7 and 8(2) S.I. 1971 No. and (4) and 383 and LN Sch.1 and 2 98/1971. as modified

82 1965 c.57 Nuclear Installations Act, 1965 ss.10-17, 21, S.I. 1970 No. 26 and 30 as 1116 adapted 83 1966 c.41 Arbitration (International As adapted S.I. 1967 No. Investment Disputes) Act, and 159 1966 excepting ss.5-8 84 1967 c.47 Decimal Currency Act, 1967 As modified Proclamation of 20.12.1968 published in Gazette of 4.9.1970. 85 1967 c.52 Tokyo Convention Act, 1967 ss.1, 3-7, Sch S.I. 1968 No. 1864 86 1967 c.68 Fugitive Offenders Act, 1967 ss.1-15, 19-22 S.I. 1967 No. and Schs 1 1909 and 2 87 1969 c.19 Decimal Currency Act, 1969 As modified Proclamation of 1912. 1969 published in Gazette of 10.9.1970 88 1971 c.59 Merchant Shipping (Oil As adapted, S.I. 1976 No. Pollution) Act, 1971 and 53 excepting ss.17 and 18 89 1971 c.70 Hijacking Act, 1971 ss.1-5, as S.I. 1971 No. adapted 1739 90 1971 c.75 Civil Aviation Act 1971 s.62 as S.I. 1976 No. modified 1912 91 1973 c.47 Protection of Aircraft Act, 1973 Part I and S.I. 1973 No. ss.19 and 1757 26, as adapted 92 1974 c.6 Biological Weapons Act 1974 ss.1-4, as S.I. 1975 No. adapted 240 94 1974 c.43 *Merchant Shipping Act 1974 Part I and S.I. 1976 No ss.22-24 and 53 Sch.1, as modified and adapted

95 1975 c.34 Evidence (Proceedings in Other s.8(2), (3) and S.I. 1978 No. Jurisdictions) Act 1975 (4) and Sch 1892 2 96 1978 c.17 Internationally Protected ss.1-3, as S.I. 1979 No. Persons Act 1978 adapted 456

APPENDIX 2

ACTS OF PARLIAMENT AT WESTMINSTER THAT HAVE BEEN DISAPPLIED SINCE 1 JUNE 1962

Extent of Disapplying Session and Subject or Short Title Repeal where enactment Chapter less than the whole 7 Geo. 4 c.38 Admiralty Offences Act 1826 s.1 1972-04 7 & 8 Vict. c.2 Admiralty Offences Act 1844 ss.1 and 2 1972-04 16 & 17 Vict. c.48 Coinage (Colonial Offences) Act 1853 L.N. 1979/026 36 & 37 Vict. c 76 Colonial Letters Patent Act 1863 L.N. 1976/113 40 & 41 Vict. c.23 Colonial Fortifications Act 1877 L.N. 1979/026 57 & 58 Vict. c.17 Colonial Officers (Leave of Absence) L.N. 1976/113 Act 1894 47 & 48 Vict. c.31 Colonial Prisoners Removal Act 1884 s.17 L.N. 1979/026 6 & 7 Vict. c.22 Colonies (Evidence) Act 1843 L.N. 1979/026 33 Edw. 1 Conspirators (1305) Acts. 1972-04 44 & 45 Vict. c.41 Conveyancing Act 1881 ss.40 and 48 1972-13 45 & 46 Vict. c.39 Conveyancing Act 1882 ss.8 and 9 1972-13 7 & 8 Geo. 4 c.28 Criminal Law Act 1827 ss.1-3 and 10- 1972-04 13 14 &15 Vict. c.100 Criminal Procedure Act 1851 ss.9 and 12 1972-04 7 Anne c.12 Diplomatic Privileges Act 1708 ss.3-7 1965-18 12 Geo. 3 c.24 Dockyards, etc, Protection Act 1772 s.2 1972-15 32 & 33 Vict. c.68 Evidence Further Amendment Act 1869 s.7(3) 1972-01 46 & 47 Vict. c.3 Explosive Substances Act 1883 ss.1-3 1972-04 37 & 38 Vict. c.36 False Personation Act 1874 ss.1, 3 and 4 1971-19 38 & 39 Vict. c.24 Falsification of Accounts Act 1875 1971-19 5 Ric. 2 Stat. 1c.7 Forcible Entry (1381) 1973-34 15 Ric. 2 c.2 Forcible Entry (1391) 1973-34 8 Hen. 6 c.9 Forcible Entry (1429) 1973-34 31 Eliz. 1 c.11 Forcible Entry Act 1588 1973-34 21 Jac.1 c.15 Forcible Entry Act 1623 1973-34 24 & 25 Vict. c.11 Foreign Law Ascertainment Act 1861 L.N. 1976/113 24 & 25 Vict. c.98 Forgery Act 1861 ss.48 and 49 33 & 34 Vict. c 58 Forgery Act 1870 ss.1, 2 and 4 Act. 1971-19 31 Car. 2 c.2 Habeas Corpus Act 1679 s.20 1972-04 37 Geo. 3 c.70 Incitement to Mutiny Act 1797 s.2 1972-04 25 Edw. 1 c.18 King’s Tenant his Debtor 1951-10 24 & 25 Vict. c.96 Larceny Act 1861 ss.1, 18, 19, 1971-19 21-23, 27- 30, 33-37, 65, 66, 82- 86, 97-99, 102-109, 111 and 115-117 34 & 35 Vict. c.112 Larcency (Advertisements) Act 1870 ss.1-3 1971-19 5 & 6 Eliz. 2 c.35 Maintenance Agreements Act 1957 1973-18 24 & 25 Vict. c.97 Malicious Damage Act 1861 ss.1-25, 30, 1972-15 31, 33, 38- 46, 49-51, 54-56, 59- 65, 67 and 1951-10

69 S.I. 1971 No. ss.27 and 57 383 57 & 58 Vict. c.60 Merchant Shipping Act 1894 s.400 (4) S.I. 1971 No. 383 6 Edw. 7 c.48 Merchant Shipping Act 1906 ss.77-81 and S.I. 1971 No. Sch.2 383 7 Edw. 7 c.52 Merchant Shipping Act 1907 ss.54 and 55 9 Edw. 7 c.18 Naval Establishments in British L.N. 1979/026 Possessions Act 1909 27 & 28 Vict. c.25 Naval Prize Act 1864 s.52 Acts. 1951-10 20 & 21 Vict. c.83 Obscene Publications Act 1857 s.1 1963-02 28 Hen. 8 c.15 Offences at Sea Act 1536 ss.1 and 2 1972 No. 4 39 Geo. 3 c.37 Offences at Sea Act 1799 Preamble and 1972-04 s.2 23 & 24 Vict. c.34 Petitions of Right Act 1860 1951-10 11 Will. 3 c.7 Piracy Act 1698 ss 9 and 10 1972-04 4 Geo. 1 c.11 Piracy Act 1717 s.7 1972-04 18 Geo. 2 c.30 Piracy Act 1744 s.4 1972-04 7 Will. 4 & 1 Vict. Piracy Act 1837 ss.7, 9 and 20 1972-04 c.88 34 & 35 Vict. c.112 Prevention of Crimes Act 1871 s.1 1972-04 1 & 2 Geo. 4 c.88 Rescue Act 1821 ss.1-3, 5 and 8 1972-04 1 Geo. 1 Stat. 2 c.5 Riot Act 1714 ss.25-28, 30, 1972-04 31 and 34- 37 57 Geo. 3 c.19 Seditious Meetings Act 1817 s.7 1972-04 33 Geo. 3 c.67 Shipping Offences Act 1793 s.11 1972-04 41 & 42 Vict. c.76 Telegraph Act 1878 1951-10 35 Hen. 8 c.2 Treason Act 1543 s.1 1972-04 1 & 2 Phil. & Mar. Treason Act 1554 ss.6 and 8 1972-04 c.10 39 & 40 Geo. 3 Treason Act 1800 1972-04 c.93 11 & 12 Vict. c.12 Treason Felony Act 1848 s.8 1972-04 37 Geo. 3 c.123 Unlawful Oaths Act 1797 s.3 1972-04 52 Geo. 3 c.104 Unlawful Oaths Act 1812 s.4 1972-04 39 Geo. 3 c.79 Unlawful Societies Act 1799 ss.2, 3, 5-8, 1972-04 10, 11, 13, 14 and 34- 36 30 & 31 Vict. c.128 War Department Stores Act 1867 s.20 1951-10 41 & 42 Vict. c.49 Weights and Measures Act 1878 Except Pts.IV 1977-29 & V

APPENDIX 3.

MATTERS OF COMMON LAW THAT HAVE BEEN ABOLISHED IN GIBRALTAR

PART I: CRIMINAL

The following are no longer offences at common law in Gibraltar.

Subject Enactment Arson Act. 1972-15, s.8 Attempt to commit the offence of conspiracy Act. 1978-06, s.14 Burglary Act. 1971-19 s.3 Challenging to fight Act. 1972-04, s.8 Cheating (except as regards offences relating to public revenue) Act. 1971-19, s.3 Concealment of treasure trove Act. 1971-19, s.3 Eavesdropping or being a common barrator, a common scold or a common night walker Act. 1972-04, s.8 Extortion by colour of office or franchise Act. 1971-19, s.3 False accounting by public officers Act. 1971-19, s.3 Incitement Act. 1978-06, s.14 Larceny Act. 1971-19, s.3 Maintenance (including champerty but not Act. 1972-04, s.8 embracery) Obtaining property by threats Act. 1971-19 ,s.3 Receiving stolen property Act. 1971-19, s.3 Robbery Act. 1971-19, s.3

PART II: CIVIL

The following are no longer recognised or causes of action in Gibraltar –

Subject Enactment Adultery, damages for Act. 1972-01, s.32 Curtesy, tenancy by the Act. 1933-02, s.50 Dower Act. 1933-02, s.50 Enticement Act. 1972-01, s.33 Escheat Act. 1933-02, s.50 Freebench Act. 1933-02, s.50 Harbouring a spouse or child Act. 1972-01, s.33 Maintenance and champerty Act. 1972-04, s.9 Seduction Act. 1972-01, s.33