Click here for Explanatory Memorandum ———————— Number 19 of 2012 ———————— STATUTE LAW REVISION ACT 2012 ———————— ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. General statute law revision repeal and saver. 3. Specific repeals. 4. Assignment of short titles. 5. Miscellaneous amendments to short titles. 6. Savings. 7. Amendment of Adaptation of Enactments Act 1922. 8. Short title and collective citations. SCHEDULE 1 ACTS SPECIFICALLY RETAINED PART 1 Irish Private Acts 1751 to 1800 PART 2 Private Acts of Great Britain 1751 to 1800 PART 3 United Kingdom Private Acts 1801 to 1922 PART 4 United Kingdom Local and Personal Acts 1851 to 1922 1 [No. 19.]Statute Law Revision Act 2012. [2012.] SCHEDULE 2 ACTS SPECIFICALLY REPEALED PART 1 Irish Private Acts 1751 to 1800 PART 2 Private Acts of Great Britain 1751 to 1800 PART 3 United Kingdom Private Acts 1801 to 1922 PART 4 United Kingdom Local and Personal Acts 1851 to 1922 ———————— Acts Referred to Adaptation of Charters Act 1926 1926, No. 6 Adaptation of Enactments Act 1931 1931, No. 34 Adaptation of Enactments Act 1922 1922, No. 2 Constitution (Consequential Provisions) Act 1937 1937, No. 40 Drainage and Improvement of Lands Supplemental Act (Ireland) 1868 31 & 32 Vict., c. clvii Drainage and Improvement of Lands Supplemental Act (Ireland) 1868 31 & 32 Vict., c. clviii Drainage and Improvement of Lands Supplemental Act (Ireland) 1873 36 & 37 Vict., c. xv Interpretation Act 2005 2005, No. 23 Local Government Act 2001 2001, No. 37 Lough Swilly and Lough Foyle Reclamation Acts Amend- ment 1853 16 & 17 Vict., c. lxv Short Titles Acts 1896 to 2009 Statute Law Revision Act 2007 2007, No. 28 Statute Law Revision Act 2009 2009, No. 46 Union with Scotland Act 1706 6 Anne, c. 11 2 ———————— Number 19 of 2012 ———————— STATUTE LAW REVISION ACT 2012 ———————— AN ACT TO PROMOTE THE REVISION OF STATUTE LAW BY REPEALING ALL STATUTES THAT WERE ENACTED BEFORE 6 DECEMBER 1922 OTHER THAN THE STATUTES NOT REPEALED BY THIS ACT, OR THE STATUTES NOT REPEALED BY THE STATUTE LAW REVISION ACT 2007 OR THE STATUTE LAW REVISION ACT 2009 AND THAT WERE NOT SUB- SEQUENTLY REPEALED BEFORE THE PASSING OF THIS ACT, AND FOR THAT PURPOSE TO REPEAL CER- TAIN STATUTES OF A SPECIFIED SERIES THAT WERE ENACTED ON OR AFTER 1 JANUARY 1751 AND BEFORE 6 DECEMBER 1922 AND CERTAIN OTHER STATUTES OF ANOTHER SPECIFIED SERIES THAT WERE ENACTED ON OR AFTER 1 JANUARY 1851 AND BEFORE 6 DECEMBER 1922 AND WHICH HAVE CEASED TO HAVE EFFECT OR HAVE BECOME UNNECESSARY, TO IDENTIFY THE STATUTES OF THOSE SERIES THAT ARE NOT BEING REPEALED BY THIS ACT, TO ASSIGN SHORT TITLES TO CERTAIN STATUTES IN ORDER TO FACILITATE THEIR CITATION AND TO AMEND CERTAIN STATUTES IN SO FAR AS THEY RELATE TO SHORT TITLES, TO AMEND THE ADAPTATION OF ENACTMENTS ACT 1922 AND TO PROVIDE FOR RELATED MATTERS. [2nd July, 2012] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: 1.—In this Act— Definitions. “local and personal Act” means a statute enacted as a local and per- sonal Act, or published in any official series of local and personal Acts (howsoever described); “private Act” means a statute enacted as a private Act, or published in any official series of private Acts (howsoever described); “statute” includes, where the context allows, a royal ordinance, char- ter or similar document that— (a) is of a public and general nature, and (b) by virtue of its antiquity and having been granted or other- wise made before or during the development of the parliamentary system, is judicially noticed as having the force and effect of an act of parliament. 3 [No. 19.]Statute Law Revision Act 2012. [2012.] General statute law 2.—(1) Subject to subsection (2), all statutes enacted before 6 revision repeal and December 1922 that are in force in the State immediately before the saver. passing of this Act are repealed. (2) Subsection (1) does not apply to— (a) the statutes specified in Schedule 1, (b) any statute specified in Schedule 1 to the Statute Law Revision Act 2009 that is in force immediately before the passing of this Act, (c) any statute specified in Schedule 1 to the Statute Law Revision Act 2007 that is in force immediately before the passing of this Act, or (d) without prejudice to section 27 of the Interpretation Act 2005 and to section 6, any saving, or any transitional or continuing matter, provided for in respect of a statute repealed by or under any enactment passed prior to the passing of this Act. Specific repeals. 3.—(1) For ease of reference, there is set out in Schedule 2 a list of Acts enacted before 6 December 1922 that— (a) were not wholly repealed before the passing of this Act, and (b) are not saved by virtue of paragraphs (a) to (c) of section 2(2), and for the purposes of this subsection “wholly repealed” includes a statute to which section 2(2)(d) relates. (2) The fact that a statute, other than a statute to which paragraph (a), (b) or (c) of section 2(2) relates, is not referred to in Schedule 2 shall not be read as saving or continuing such statute for any purpose other than as provided for by or referred to in section 2(2)(d). (3) The inclusion of a statute in Schedule 2 shall not be taken as evidence that the statute, or any provision of it, was of full force and effect immediately before the passing of this Act. Assignment of short 4.—In respect of each Act cited in the first column of Part 1, 2, 3 titles. or 4 of Schedule 1, each such Act— (a) may be cited by the short title (if any) assigned to it in the fourth column of the Part concerned opposite the men- tion of that Act in the first column, or (b) may continue to be cited by its short title (if any) referred to in the third column of the Part concerned opposite the mention of that Act in the first column. Miscellaneous 5.—(1) An Act referred to in the Table to this section by refer- amendments to ence to its year, session and chapter in the first column and to its short titles. short title in the second column is amended to the extent provided for in the third column opposite the mention to the Act concerned. For convenience of reference there is set out in the fourth column, 4 [2012.]Statute Law Revision Act 2012. [No. 19.] S.5 opposite the mention to the Act concerned, the new short title for that Act. (2) Nothing in this section or the amendments made by it shall be read as affecting the citation of an Act by its short title as set out in the second column of the Table to this section. TABLE Year, session and Short title Amendment New short title chapter 1853 (16 & 17 The Lough In section 13 by Lough Swilly and Vict.) c. lxv Swilly and Lough inserting “Act” Lough Foyle Foyle after Reclamation Acts Reclamation “Amendment” Amendment Act Acts 1853 Amendment 1853 1868 (31 & 32 The Drainage In section 2 by Drainage and Vict.) c. clvii and inserting “(No. Improvement of Improvement of 2)” after Lands Lands “Supplemental” Supplemental (No. Supplemental 2) Act (Ireland) Act (Ireland) 1868 1868 1868 (31 & 32 The Drainage In section 2 by Drainage and Vict.) c. clviii and inserting “(No. Improvement of Improvement of 3)” after Lands Lands “Supplemental” Supplemental (No. Supplemental 3) Act (Ireland) Act (Ireland) 1868 1868 1873 (36 & 37 The Drainage In section 2 by Drainage and Vict.) c. xv and inserting “(No. Improvement of Improvement of 2)” after Lands Lands “Supplemental” Supplemental (No. Supplemental 2) Act (Ireland) Act (Ireland) 1873 1873 6.—(1) This Act does not affect any existing principle or rule of Savings. law or equity or any established jurisdiction, form or course of plead- ing, practice or procedure or any existing trust, notwithstanding that it may have been in any manner derived from, affirmed or recognised by any statute repealed by this Act. (2) (a) The repeals by this Act do not affect— (i) the continuance of any body subsisting immediately before the passing of this Act which was incorpor- ated (or otherwise established), confirmed or revived by the grant of a charter or letter patent, and (ii) such charter or letter patent, to the extent that it so subsists, together with any amendment to such a charter or letter patent so subsisting and granted or otherwise duly made by or under any enactment or otherwise. (b) Nothing in this Act shall be read as affecting section 11(16) of the Local Government Act 2001. (3) Where any statute not repealed by this Act has been applied, confirmed, revived or perpetuated by a repealed statute, such appli- cation, confirmation, revival or perpetuation is not affected by the repeal. 5 [No. 19.]Statute Law Revision Act 2012. [2012.] Amendment of 7.—The Adaptation of Enactments Act 1922 is amended by Adaptation of inserting the following after section 14: Enactments Act 1922. “Adaptation of 14A. —The power to adapt or modify a British certain other Statute under this Act shall apply in like manner statutes. and to like effect so as to enable the adaptation or modification of any other statute (including a statute to which section 1 of the Statute Law Revision Act 2007 relates) of a Parliament sitting in Ireland before 1 January 1801, a Parliament sit- ting in England before the establishment of the Parliament of United Kingdom of Great Britain under the Union with Scotland Act 1706 or of the last-mentioned Parliament sitting in the United Kingdom of Great Britain before 1 January 1801.”.