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English Law (Application) 1962-17 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 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1962-17 English Law (Application) 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. _____________________________ 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). © Government of Gibraltar (www.gibraltarlaws.gov.gi) English Law (Application) 1962-17 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 (c) any Act. (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 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1962-17 English Law (Application) (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 (c) any Act. (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. © Government of Gibraltar (www.gibraltarlaws.gov.gi) English Law (Application) 1962-17 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. © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1962-17 English Law (Application) 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 © Government of Gibraltar (www.gibraltarlaws.gov.gi) English Law (Application) 1962-17 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 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1962-17 English Law (Application) 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.
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