The Statute Law Revision Act 1948 is an
Act of the
Parliament of the United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
.
Section 5(3) of the
Statute Law Revision Act 1950
The Statute Law Revision Act 1950 is an Act of the Parliament of the United Kingdom.
This Act was partly in force in Great Britain at the end of 2010.
The enactments which were repealed (whether for the whole or any part of the United Kingdom) ...
provided that this Act, so far as it repealed chapter 34 of the
Statute of Westminster 1285 (13 Edw. 1 St. 1 c. 34), was to be deemed not to have extended to
Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
.
Section 1: Enactments in schedule repealed
This section provided, amongst other things, that the enactments described in Schedule 1 to this Act were repealed, subject to the provisions of this Act and subject to the exceptions and qualifications in that Schedule.
This section was repealed by Group 1 o
Part XVIof Schedule 1 to the
Statute Law (Repeals) Act 1993
The Statute Law (Repeals) Act 1993 (c 50) is an Act of the Parliament of the United Kingdom.
It implemented recommendations contained in the fourteenth report on statute law revision, by the Law Commission and the Scottish Law Commission.
It r ...
.
The enactments which were repealed (whether for the whole or any part of the United Kingdom) by this Act were repealed so far as they extended to the
Isle of Man
)
, anthem = "O Land of Our Birth"
, image = Isle of Man by Sentinel-2.jpg
, image_map = Europe-Isle_of_Man.svg
, mapsize =
, map_alt = Location of the Isle of Man in Europe
, map_caption = Location of the Isle of Man (green)
in Europe ...
on 25 July 1991.
Section 2: Application of repealed enactments in local courts
The words "to the court of the county palatine of Lancaster or" in this section were repealed by section 56(4) of, and Part II of Schedule 11 to, the
Courts Act 1971. This section was repealed by section 32(4) of, and Part V of Schedule 5 to, the
Administration of Justice Act 1977.
Section 3: Omissions
Sections 3(1)(c) to (f) were repealed by Group 1 of Part XVI of Schedule 1 the
Statute Law (Repeals) Act 1993
The Statute Law (Repeals) Act 1993 (c 50) is an Act of the Parliament of the United Kingdom.
It implemented recommendations contained in the fourteenth report on statute law revision, by the Law Commission and the Scottish Law Commission.
It r ...
.
In a report dated 6 April 1993, the
Law Commission
A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal chang ...
and the
Scottish Law Commission
The Scottish Law Commission is an advisory non-departmental public body of the Scottish Government. It was established in 1965 to keep Scots law under review and recommend necessary reforms to improve, simplify and update the country's legal sy ...
said that sections 3(1)(c) to (f) and 4 "provided in general terms for the repeal of or omission of various recurrent words relating to obsolete civil procedure (which occurred mainly in now obsolete statutory provisions for the recovery of penalties by
common informer
Common may refer to:
Places
* Common, a townland in County Tyrone, Northern Ireland
* Boston Common, a central public park in Boston, Massachusetts
* Cambridge Common, common land area in Cambridge, Massachusetts
* Clapham Common, originally co ...
s), to Scottish stewartries (which occurred mainly in obsolete definitions of "sheriff" or "county") and to self-governing Dominions of the Old Commonwealth". The provision relating to Scottish stewartries had been intended to give effect to section 7 of the
Interpretation Act 1889
The Interpretation Act 1889 (52 & 53 Vict c 63) was an Act of the Parliament of the United Kingdom.
In Northern IrelandSection 48(2)of the Interpretation Act (Northern Ireland) 1954 provided that without prejudice to 48(1) of that Act, the Inte ...
which had been repealed as obsolete by the
Interpretation Act 1978
The Interpretation Act 1978 is an Act of the Parliament of the United Kingdom. The Act makes provision for the interpretation of Acts of Parliament, Measures of the General Synod of the Church of England, Measures of the Church Assembly, subor ...
. They said that the "utility of these provisions proved to be marginal and in practice they were little used" and that they were "spent or unnecessary now".
Section 4: General repeal of obsolete or unnecessary words
This section repealed
*(a) words barring the allowance in any action or proceeding of any
essoin or privilege or protection or wager of law or
imparlance or of bail or mainprise or
benefit of clergy
In English law, the benefit of clergy (Law Latin: ''privilegium clericale'') was originally a provision by which clergymen accused of a crime could claim that they were outside the jurisdiction of the secular courts and be tried instead in an ec ...
; and
*(b) the words “that part of Britain called” or “that part of the United Kingdom called,” or words to the like effect, where used before the words “England”, “Scotland” or “Ireland.”
It was repealed by Group 1 of Part XVI of Schedule 1 the
Statute Law (Repeals) Act 1993
The Statute Law (Repeals) Act 1993 (c 50) is an Act of the Parliament of the United Kingdom.
It implemented recommendations contained in the fourteenth report on statute law revision, by the Law Commission and the Scottish Law Commission.
It r ...
.
Section 5: Citation of Acts
Section 5 and Schedule 2 authorised the citation of 158 earlier Acts by
short title
In certain jurisdictions, including the United Kingdom and other Westminster-influenced jurisdictions (such as Canada or Australia), as well as the United States and the Philippines, primary legislation has both a short title and a long title.
T ...
s. The Acts to which short titles were given were passed between 1236 and 1860.
In 1995, the Law Commission and the Scottish Law Commission recommended that section 5 and Schedule 2 be repealed.
[The Law Commission and the Scottish Law Commission. Statute Law Revision: Fifteenth Report, Draft Statute Law Repeals Bill. Law Com 233. Scot Law Com 150. Cm 2784. HMSO. March 1995. Pages 40 and 77. Available a]
Section 5 and Schedule 2 were repealed b
section 1(1)of, an
Part IVof Schedule 1 to, the
Statute Law (Repeals) Act 1995.
Section 6: Short title and extent
Section 6(2) was repealed by section 41(1) of, and Part I o
Schedule 6to, the
Northern Ireland Constitution Act 1973
The Northern Ireland Constitution Act 1973 is an Act of the Parliament of the United Kingdom which received the royal assent on 18 July 1973. The Act abolished the suspended Parliament of Northern Ireland and the post of Governor and made pro ...
.
Schedule 1
This Schedule was repealed by section 1 of, and Schedule 1 to, the
Statute Law Revision Act 1950
The Statute Law Revision Act 1950 is an Act of the Parliament of the United Kingdom.
This Act was partly in force in Great Britain at the end of 2010.
The enactments which were repealed (whether for the whole or any part of the United Kingdom) ...
.
See also
*
Statute Law Revision Act
Statute Law Revision Act (with its variations) is a stock short title which has been used in Antigua, Australia, Barbados, Bermuda, Canada, Ghana, the Republic of Ireland, South Africa and the United Kingdom, for Acts with the purpose of statute l ...
References
*
Halsbury's Statutes. Fourth Edition. 2008 Reissue. Volume 41. Page 755.
*The Public General Acts and the Church Assembly Measures of 1948. HMSO. 1948. Volume II.
*
HL Deb vol 155, col
1135 to 1136 vol 156, col
756 to 761926 to 927an
1083 to 1084 vol 157, cols 1
179
380
576
an
1272
HC Deb vol 450, co
197W
vol 452, co
879 to 880
vol 453, col
1650 to 1659
External links
{{UK legislation
United Kingdom Acts of Parliament 1948