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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 law revision. Such Acts normally repealed legislation which was expired, spent, repealed in general terms, virtually repealed, superseded, obsolete or unnecessary. In the United Kingdom, Statute Law (Repeals) Acts are now passed instead. "Statute Law Revision Acts" may collectively refer to enactments with this short title.

The single largest Statute Law Revision Act in any jurisdiction was the Statute Law Revision Act 2007 enacted in Ireland which repealed 3,225 previous Acts. The Statute Law Revision programme commenced in Ireland in 2003 which has resulted in six Statute Law Revision Acts to date (see below) and the express repeal of a total of around 8,000 Acts is the largest statute law revision programme carried out internationally.[1]

Statute Law Revision Acts are sometimes referred to as expurgation Acts.[2]

United Kingdom edit

Halsbury's Laws says that Statute Law Revision Acts are law reform Acts.[3]

Under the standing orders of both Houses of Parliament, Statute Law Revision Bills must be referred to the Joint Committee on Consolidation etc. Bills.[4][5] The Statute Law Committee prepared the Bills for Statute Law Revision Acts up to, and including, the Statute Law Revision Act 1966.[6]

The scope of Statute Law Revision Bills is confined to the repeal of obsolete, spent, unnecessary or superseded enactments.[7]

The Bill for the Statute Law Revision Act 1892 contains the following note, which describes the classes of enactments repealed by that Act. Certain other Statute Law Revision Bills contain similar notes as they repealed similar classes of enactments.

The schedule is intended to comprise (as the preamble to the Bill states) enactments which have ceased to be in force, otherwise than by express specific repeal, and also such parts of titles, preambles, recitals, and enacting words as are unnecessary and intended to be omitted in future editions of the Statutes under the authority of the Bill.

I.—For the purposes of the schedule six different classes of enactments are considered as having ceased to be in force, although not expressly and specifically repealed; namely, such enactments as are—
1. Expired.—that is, enactments which, having been originally limited to endure only for a specified period, by a distinct provision, have not been either perpetuated or kept in force by continuance, or which have merely had for their object the continuance of previous temporary enactments for periods now gone by effluxion of time:
2. Spent[a]—that is, enactments spent or exhausted in operation by the accomplishment of the purposes for which they were passed, either at the moment of their first taking effect, or on the happening of some event, or on the doing of some act authorised or required:
3. Repealed in general terms.—that is, repealed by the operation of an enactment expressed only in general terms, as distinguished from an enactment specifying the Acts on which it is to operate:
4. Virtually repealed.—where an earlier enactment is inconsistent with, or is rendered nugatory by, a later one:
5. Superseded.—where a later enactment affects the same purposes as an earlier one, by repetition of its terms or otherwise:
6. Obsolete.—where the state of things contemplated by the enactment has ceased to exist, or the enactment is of such a nature as to be no longer capable of being put in force, regard being had to the alteration of political or social circumstances.
II.—Where any enactment is comprised in the schedule on any ground not above explained, the ground of repeal sufficiently appears from the expressions used in the third column.
  1. ^ As to the use of the term spent, see 1 Blackst. Comm. 44. (14th ed.), 2nd Report of the late Statute Law Commissioners, p. 7, and Warren v. Windle, 3 East, 205.[8]

Enactments repealed by Statute Law Revision Acts include enactments which had become totally inoperative from having been impliedly repealed.[9]

The following list includes any Act the short title of which includes the words "statute law revision", without prejudice to suggestions that some of these Acts are not actually Statute Law Revision Acts.

Courtenay Ilbert said that the Repeal of Obsolete Statutes Act 1856 (19 & 20 Vict c 64) was the first Statute Law Revision Act.[10]

The Promissory Oaths Act 1871 (34 & 35 Vict c 48), the Civil Procedure Acts Repeal Act 1879 (42 & 43 Vict c 59), and the Master and Servant Act 1889 (52 & 53 Vict c 24) were expressed by their preambles to be passed for the purpose of statute law revision.

Scotland edit

Ireland (before 1922) edit

Northern Ireland edit

The Statute Law Revision Acts (Northern Ireland) 1952 and 1953 means the Statute Law Revision Act (Northern Ireland) 1952 and the Statute Law Revision Act (Northern Ireland) 1953.[11]

The Statute Law Revision Acts (Northern Ireland) 1952 to 1954 means the Statute Law Revision Acts (Northern Ireland) 1952 and 1953, and the Statute Law Revision Act (Northern Ireland) 1954.[12]

The Short Titles Act (Northern Ireland) 1951 and the Repeal of Unnecessary Laws Act (Northern Ireland) 1953 also contribute to the revision of the statute book in Northern Ireland.[13]

Isle of Man edit

The following Act of the Parliament of the United Kingdom repealed enactments extending to the Isle of Man:

The Westbury saving edit

The Westbury saving, named for its proponent Lord Westbury, was an increasingly complex saving provision that was included in all Statute Law Revision Acts from 1861 until 1953, and which reached its final standardised form in the Statute Law Revision (No. 2) Act 1888.[14] The reason for its inclusion was as a precautionary measure, intended to prevent any substantive changes to the law arising out of any repeals and to confine the Acts to the administrative function of clearing dead wood from the statute book.[15][16] As well as explicitly preventing any repeal from affecting the interpretation of any statute still in force, it also retained any right, benefit, claim, liability, principle of law and court jurisdiction that had previously arisen under a repealed Act.[16] This was much broader than the general saving provisions that had been introduced in 1850 that applied to all repeals.[17]

The enactments described in the schedule to this Act are hereby repealed, subject to the provisions of this Act and subject to the exceptions and qualifications in the said schedule mentioned ; and every part of a title, preamble, or recital specified after the words "in part, namely," in connexion with an Act mentioned in the said schedule may be omitted from any revised edition of the statutes published by authority after the passing of this Act, and there may be added in the said edition such brief statement of the Acts, officers, persons, and things mentioned in the title, preamble, or recital, as may in consequence of such omission appear necessary:

Provided as follows:—
The repeal of any words or expressions of enactment described in the said schedule shall not affect the binding force, operation, or construction of any statute, or of any part of a statute, whether as respects the past or the future;
and where any enactment not comprised in the said schedule has been repealed, confirmed, revived, or perpetuated by any enactment hereby repealed, such repeal, confirmation, revivor, or perpetuation shall not be affected by the repeal effected by this Act;
and the repeal by this Act of any enactment or schedule shall not affect any enactment in which such enactment or schedule has been applied, incorporated, or referred to;
nor shall such repeal of any enactment affect any right to any hereditary revenues of the Crown, or affect any charges thereupon or prevent any such enactment from being put in force for the collection of any such revenues, or otherwise in relation thereto;
and this Act shall not affect the validity, invalidity, effect, or consequences of anything already done or suffered,—or any existing status or capacity,—or any right, title, obligation, or liability, already acquired, accrued, or incurred, or any remedy or proceeding in respect thereof,—or any release or discharge of or from any debt, penalty, obligation, liability, claim, or demand,—or any indemnity,—or the proof of any past act or thing;
nor shall this Act affect any principle or rule of law or equity, or established jurisdiction, form or course of pleading, practice, or procedure, or the general or public nature of any statute, or any existing usage, franchise, liberty, custom, privilege, restriction, exemption, office, appointment, payment, allowance, emolument, or benefit, or any prospective right, notwithstanding that the same respectively may have been in any manner affirmed, recognised, or derived by, in, or from any enactment hereby repealed;
nor shall this Act revive or restore any jurisdiction, office, duty, drawback, fee, payment, franchise, liberty, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure, form of punishment, or other matter or thing not now existing or in force;
and this Act shall not extend to repeal any enactment so far as the same may be in force in any part of His Majesty's dominions out of the United Kingdom, except where otherwise expressed in the said schedule.
— Statute Law Revision Act 1908 (8 Edw 7 c. 49) s. 1

Although the Interpretation Act 1889 greatly expanded the 1850 general saving provision,[18] the Westbury saving continued to be inserted into Statute Law Revision Acts, as the 1889 Act did not provide that any principle of law or court jurisdiction arising under an Act would be retained on its repeal. However, the Westbury saving's complexity and wide reach gave it a reputation for making the law uncertain[19] and inaccessible (due to the fact that the repealed provisions would not be included in any revised edition of the statutes).[20] As a result, it was not included in any Act after the Statute Law Revision Act 1953, as any extension beyond the provisions of the 1889 Act was considered undesirable.[20]

Although the 1889 Act has now been repealed, its general saving provision has been incorporated into the Interpretation Act 1978.[21]

Republic of Ireland edit

Pre-2005 edit

Enacted between 2005 and 2016 as part of the Statute Law Revision Programme edit

The following statutes have been enacted under the Statute Law Revision Programme:

Antigua edit

  • The Statute Law Revision Ordinance, 1919[22]

Australia edit

Federal legislation edit

  • The Statute Law Revision Act 1974 (No 20) [2]ComLaw
  • The Statute Law Revision Act 1981 (No 61) [3]
  • The Statute Law Revision Act 1996 (No 43) [4][5]ComLaw
  • The Statute Law Revision Act 2002 (No 63) [6][7]ComLaw
  • The Statute Law Revision Act 2005 (No 100) [8]
  • The Statute Law Revision Act 2006 (No 9) [9][10]ComLaw
  • The Statute Law Revision Act 2007 (No 8) [11][12]ComLaw
  • The Statute Law Revision Act 2008 (No 73) [13]
  • The Statute Law Revision Act 2010 (No 8) [14]
  • The Statute Law Revision Act 2011 (No 5) [15]

Australian Capital Territory edit

  • The Statute Law Revision (Miscellaneous Provisions) Act 1992 (No 23) [16]
  • The Statute Law Revision (Miscellaneous Provisions) Act 1993 (No 1) [17]
  • The Statute Law Revision Act 1994 (No 26) [18]
  • The Statute Law Revision Act 1995 (No 46) [19]
  • The Statute Law Revision (Penalties) Act 1994 (No 81) [20]
  • The Statute Law Revision (Penalties) Act 1998 (No 54) [21]

New South Wales edit

  • The Statute Law Revision Act 1898 (No 28) [22]
  • The Statute Law Revision Act 1924 (No 34) [23]
  • The Statute Law Revision Act 1937 (No 35) [24]
  • The Statute Law Revision Act 1976 (No 63) [25]
  • The Statute Law Revision (Local Government) Act 1995 (No 11) [26]

Northern Territory edit

  • The Statute Law Revision Act 2005 (No 44) [27]
  • The Statute Law Revision Act 2007 (No 4) [28]
  • The Statute Law Revision Act 2008 (No 6) [29]
  • The Statute Law Revision Act 2009 (No 25) [30]
  • The Statute Law Revision Act 2010 (No 29) [31]
  • The Statute Law Revision Act 2011 (No 30) [32]

South Australia edit

  • The Statute Law Revision Act 2003 (No 44) [33]
  • The Statute Law Revision Act 2008 (No 9) [34]

Tasmania edit

  • The Statute Law Revision (Penalties) Act 1995 (No 35) [35]
  • The Statute Law Revision (Repeals) Act 2000 (No 27) [36]
  • The Statute Law Revision Act 2003 (No 9) [37]

Victoria edit

  • The Statute Law Revision Act 1891 (No 1236) [38]
  • The Statute Law Revision Act 1893 (No 1348) [39]
  • The Statute Law Revision Act 1916 (No 2875) [40]
  • The Statute Law Revision Act 1929 (No 3816) [41]
  • The Statute Law Revision Act 1930 (No 3943) [42]
  • The Statute Law Revision Act 1933 (No 4191) [43]
  • The Statute Law Revision Act 1934 (No 4264) [44]
  • The Statute Law Revision Act 1937 (No 4485) [45]
  • The Statute Law Revision Act 1939 (No 4636) [46]
  • The Statute Law Revision Act 1940 (No 4726) [47]
  • The Statute Law Revision Act 1941 (No 4840) [48]
  • The Statute Law Revision Act 1947 (No 5217) [49]
  • The Statute Law Revision Act 1948 (No 5331) [50]
  • The Statute Law Revision Act 1951 (No 5602) [51]
  • The Statute Law Revision Act 1953 (No 5753) [52]
  • The Statute Law Revision Act 1955 (No 5896) [53]
  • The Statute Law Revision Act 1957 (No 6112) [54]
  • The Statute Law Revision Act 1959 (No 6547) [55]
  • The Statute Law Revision Act 1960 (No 6716) [56]
  • The Statute Law Revision Act 1961 (No 6759) [57]
  • The Statute Law Revision Act 1962 (No 6867) [58]
  • The Statute Law (Further Revision) Act 1962 (No 6961) [59]
  • The Statute Law Revision Act 1963 (No 7065) [60]
  • The Statute Law Revision Act 1964 (No 7142) [61]
  • The Statute Law Revision Act 1965 (No 7332) [62]
  • The Statute Law Revision Act 1971 (No 8181) [63]
  • The Statute Law Revision Act 1977 (No 9059) [64]
  • The Statute Law Revision Act 1980 (No 9427) [65]
  • The Statute Law Revision Act 1981 (No 9549) [66]
  • The Statute Law Revision (Repeals) Act 1982 (No 9863) [67]
  • The Statute Law Revision Act 1983 (No 9902) [68]
  • The Statute Law Revision Act 1984 (No 10087) [69]
  • The Statute Law Revision Act 1995 (No 11) [70]
  • The Statute Law Revision Act 2005 (No 10) [71]
  • The Statute Law Revision Act 2007 (No 28) [72]
  • The Statute Law Revision Act 2011 (No 29) [73]

Statute Law Revision Committee Act

  • The Statute Law Revision Committee Act 1916 (No 2876) [74]
  • The Statute Law Revision Committee Act 1948 (No 5285) [75]
  • The Statute Law Revision Committee (Amendment) Act 1953 (No 5737) [76]
  • The Statute Law Revision Committee (Amendment) Act 1955 (No 5855) [77]

Western Australia edit

  • The Statute Law Revision Act 2006 (No 37) [78]

Barbados edit

  • The Statute Law Revision Act, 1893[23]
  • The Statute Law Revision Act (No 2) 1912[24]

Bermuda edit

  • The Statute Law Revision Act, 1902 (No 55)[25]
  • The Statute Law Revision Act, 1907 (No 15)
  • The Statute Law Revision Act, 1953 (No 72)

Canada edit

Ontario edit

  • The Statute Law Revision Act, 1902 (2 Edw 7 c 1)[26]

Ghana edit

  • The Statute Law Revision Act, 1963 (Act 215)[27]
  • The Statute Law Revision Decree, 1969 (NLCD 355)[28]
  • The Statute Law Revision Act, 1971 (Act 368)[29]
  • The Statute Law Revision Decree 1973 (NRCD 184)[30]
  • The Statute Law Revision (No. 2) Decree 1973 (NRCD 228)[31]
  • The Statute Law Revision Law, 1992 (PNDCL 295)
  • The Statute Law Revision Law, 1993 (PNDCL 323)
  • The Statute Law Revision Act, 1996 (Act 516)[32]
  • The Statute Law Revision Act, 1997 (Act 543)[33]

South Africa edit

  • The Pre-Union Statute Law Revision Act, 1967 (No 78)
  • The Pre-Union Statute Law Revision Act, 1968 (No 44)
  • The Pre-Union Statute Law Revision Act, 1970 (No 42)
  • The Pre-Union Statute Law Revision Act, 1976 (No 36)
  • The Pre-Union Statute Law Revision Act, 1977 (No 43)
  • The Pre-Union Statute Law Revision Act, 1979 (No 24)

Cape edit

  • The Cape Statute Law Revision Act, 1934 (No 25)
  • The Cape Statute Law Revision Amendment Act, 1939 (No 32)

Orange Free State edit

  • The Orange Free State Statute Law Revision Act 1936 (No 33)

See also edit

References edit

  • Craies and Hardcastle. "Statute Law Revision Acts". A Treatise on the Construction and Effect of Statute Law. Second Edition. Stevens and Haynes. Bell Yard, Temple Bar, London. 1892. Para 3 at pp 336 to 341. See also pp 65, 72, 173, 226, 333 and 389.
  • William Feilden Craies. "Statute Law Revision Acts". A Treatise on Statute Law. Second Edition. (Hardcastle on Statutory Law, Fifth Edition). Stevens and Haynes. Bell Yard, Temple Bar, London. 1911. Para 3 at pp 318 to 322.
  1. ^ See http://www.irishexaminerusa.com/mt/2008/05/07/taoiseach_announces_major_bill.html
  2. ^ Abbott, Austin. "Legal Reform in England" (1870) 1 Albany Law Journal 509. Courtenay Ilbert applied the term expurgatory Act both to Statute Law Revision Acts and also to Acts which, although they consisted almost entirely of repeals, did not come within the narrow lines laid down for the Statute Law Revision Acts, because they contained substantive enactments. Examples included the Promissory Oaths Act 1871, the Statute Law Revision and Civil Procedure Act 1881, the Statute Law Revision and Civil Procedure Act 1883 and the Summary Jurisdiction Act 1884: Legislative Methods and Forms. Oxford. 1901. Reprinted by the Lawbook Exchange Ltd. 2008. Page 62 from Google Books.
  3. ^ Halsbury's Laws of England. Fourth Edition. Reissue. Butterworths. London. 1995. Volume 44(1). Paragraph 1224 at page 722.
  4. ^ HL Standing Orders (2010) (Public Business), No 51(2)
  5. ^ HC Standing Orders (2011) (Public Business) No 140(1)(b)
  6. ^ Halsbury's Statutes. Fourth Edition. 2008 Reissue. Volume 41. Page 691.
  7. ^ Michael Bedford (editor). Dod's Parliamentary Companion 1998. 179th Edition. Vacher Dod Publishing Limited. 1998. ISBN 0-905702-26-3. Page 484.
  8. ^ Statute Law Revision Bill 1892, p 3.
  9. ^ (1870) 14 Solicitors' Journal & Reporter 922 (1 October 1870). See also Lely, Chitty's Collection of Statutes of Practical Utility, 4th Ed, 1880, vol 1, title "Act of Parliament", p 5, footnotes (b) and (c); and Westropp v Commrs of Works [1896] 2 Irish Reports 125.
  10. ^ Ilbert, C. P. (1901). Legislative Methods and Forms. Oxford. Reprinted by the Lawbook Exchange Ltd. p. 57. Via Google Books.
  11. ^ The Statute Law Revision Act (Northern Ireland) 1953, section 3(2)
  12. ^ The Statute Law Revision Act (Northern Ireland) 1954, section 2(2)
  13. ^ (1953–1954) 19–20 Irish Jurist and Irish Jurist Reports 14 and 61
  14. ^ Law Commission and Scottish Law Commission. (May 1998). "Statute Law Revision: Sixteenth Report, Draft Statute Law (Repeals) Bill". (Law Com No 252; Scot Law Com No 166; Cm 3939) app. 2 sch. 1 para. 9.2.
  15. ^ House of Lords. (13 July 1863). "Statute Law Revision. A Bill intituled An Act for promoting the Revision of the Statute Law by repealing certain Enactments which have ceased to be in force or have become unnecessary." (Bill 233) p. 6.
  16. ^ a b McDermott, Peter M. (1 October 1988). "Statute Law Revision Statutes—Westbury Savings". Statute Law Review. 9 (3): 139–145. doi:10.1093/slr/9.3.139.
  17. ^ Interpretation Act 1850 (13 & 14 Vict c. 21) ss. 5-6.
  18. ^ Interpretation Act 1889 (52 & 53 Vict c. 63) s. 38.
  19. ^ Winfield v Boothroyd (1886) 54 LT 574
  20. ^ a b House of Lords and House of Commons. (21 May 1958). "Seventh Report by the Joint Committee of the House of Lords and of the House of Commons appointed to consider all Consolidation Bills (including Bills for consolidating Private Acts), Statute Law Revision Bills and Bills presented under the Consolidation of Enactments (Procedure) Act, 1949, in the Present Session being a report upon the Statute Law Revision Bill (H.L.) together with proceedings of the committee and minutes of evidence". (H.L. 5-VI; 108-I, H.C. 209-I) pp. 2-3.
  21. ^ Interpretation Act 1978 (1978 c. 30) s. 16.
  22. ^ The New Edition of the Statutes of the Presidency of Antigua, New Ed, 1921, p lvii
  23. ^ Laws of Barbados,1893, vol 3, p 770
  24. ^ (1914) 14 Journal of the Society of Comparative Legislation 228
  25. ^ Chronological Table of Bermuda Acts from 1690 to 1923, p 110; (1905) 5 Journal of the Society of Comparative Legislation 431; Bedwell (ed), The Legislation of the Empire, 1909, vol 1, p 394.
  26. ^ Statutes of the Province of Ontario . . . , 1902, p 1; Edward Douglas Armour, Essays on the Devolution of Land, Canada Law Book Company, 1903, p 341; (1902) 2 The Canadian Law Review 127 (No 3, December 1902); The Revised Statutes of Ontario 1897, Toronto, 1902, vol 3, pp 3899 & 3903; The Canadian Abridgment, 2nd Ed, 1966, XI.I.d., title "Real Property", p [4264-4267], p 892; Sullivan v McGillis and Others [1949] SCR 201, [1949] 2 DLR 305, [1949] CarswellOnt 112, (1949) 93 Canadian Criminal Cases Annotated 175 at 178, CanLII.
  27. ^ Acts of Ghana, vol 5, Act 215; Council for Scientific and Industrial Research, Handbook, Ghana 1970-71.
  28. ^ "Law Reform in Ghana in the 1970s" (1970) 7 University of Ghana Law Journal 14; (1969) 1 The Review of Ghana Law 168; Third Report of the Ghana Law Reform Commission, December 1973, p 14.
  29. ^ (1971) 3 Review of Ghana Law 251; "Acts in Force in 1972", Ghana Business Guide 1972/73, p 104.
  30. ^ "Commonwealth African Countries" (1973) 7 Annual Survey of African Law 24. See further, Ghana Justice Sector and the Rule of Law, 2007, p 30.
  31. ^ "Repeal of Cap 131" (1974) 6 Review of Ghana Law 84; E S Aidoo, Conveyancing and Drafting: Law and Practice in Ghana, 1994, pp xxxvi & 28.
  32. ^ [1997-1998] 1 The Ghana Law Reports 56, 67 & 71; S Y Bimpong-Buta, The Role of the Supreme Court in the Development of Constitutional Law in Ghana, 2007, pp 379, 558 & 609.
  33. ^ Legislative Watch, 6-year volume, 1997-2002, SLC Law Forum, p 19; [2009] Supreme Court of Ghana Law Reports 230 [1].

statute, revision, with, variations, stock, short, title, which, been, used, antigua, australia, barbados, bermuda, canada, ghana, republic, ireland, south, africa, united, kingdom, acts, with, purpose, statute, revision, such, acts, normally, repealed, legisl. 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 law revision Such Acts normally repealed legislation which was expired spent repealed in general terms virtually repealed superseded obsolete or unnecessary In the United Kingdom Statute Law Repeals Acts are now passed instead Statute Law Revision Acts may collectively refer to enactments with this short title The single largest Statute Law Revision Act in any jurisdiction was the Statute Law Revision Act 2007 enacted in Ireland which repealed 3 225 previous Acts The Statute Law Revision programme commenced in Ireland in 2003 which has resulted in six Statute Law Revision Acts to date see below and the express repeal of a total of around 8 000 Acts is the largest statute law revision programme carried out internationally 1 Statute Law Revision Acts are sometimes referred to as expurgation Acts 2 Contents 1 United Kingdom 1 1 Scotland 1 2 Ireland before 1922 1 3 Northern Ireland 1 4 Isle of Man 1 5 The Westbury saving 2 Republic of Ireland 2 1 Pre 2005 2 2 Enacted between 2005 and 2016 as part of the Statute Law Revision Programme 3 Antigua 4 Australia 4 1 Federal legislation 4 2 Australian Capital Territory 4 3 New South Wales 4 4 Northern Territory 4 5 South Australia 4 6 Tasmania 4 7 Victoria 4 8 Western Australia 5 Barbados 6 Bermuda 7 Canada 7 1 Ontario 8 Ghana 9 South Africa 9 1 Cape 9 2 Orange Free State 10 See also 11 ReferencesUnited Kingdom editHalsbury s Laws says that Statute Law Revision Acts are law reform Acts 3 Under the standing orders of both Houses of Parliament Statute Law Revision Bills must be referred to the Joint Committee on Consolidation etc Bills 4 5 The Statute Law Committee prepared the Bills for Statute Law Revision Acts up to and including the Statute Law Revision Act 1966 6 The scope of Statute Law Revision Bills is confined to the repeal of obsolete spent unnecessary or superseded enactments 7 The Bill for the Statute Law Revision Act 1892 contains the following note which describes the classes of enactments repealed by that Act Certain other Statute Law Revision Bills contain similar notes as they repealed similar classes of enactments The schedule is intended to comprise as the preamble to the Bill states enactments which have ceased to be in force otherwise than by express specific repeal and also such parts of titles preambles recitals and enacting words as are unnecessary and intended to be omitted in future editions of the Statutes under the authority of the Bill I For the purposes of the schedule six different classes of enactments are considered as having ceased to be in force although not expressly and specifically repealed namely such enactments as are 1 Expired that is enactments which having been originally limited to endure only for a specified period by a distinct provision have not been either perpetuated or kept in force by continuance or which have merely had for their object the continuance of previous temporary enactments for periods now gone by effluxion of time 2 Spent a that is enactments spent or exhausted in operation by the accomplishment of the purposes for which they were passed either at the moment of their first taking effect or on the happening of some event or on the doing of some act authorised or required 3 Repealed in general terms that is repealed by the operation of an enactment expressed only in general terms as distinguished from an enactment specifying the Acts on which it is to operate 4 Virtually repealed where an earlier enactment is inconsistent with or is rendered nugatory by a later one 5 Superseded where a later enactment affects the same purposes as an earlier one by repetition of its terms or otherwise 6 Obsolete where the state of things contemplated by the enactment has ceased to exist or the enactment is of such a nature as to be no longer capable of being put in force regard being had to the alteration of political or social circumstances dd II Where any enactment is comprised in the schedule on any ground not above explained the ground of repeal sufficiently appears from the expressions used in the third column As to the use of the term spent see 1 Blackst Comm 44 14th ed 2nd Report of the late Statute Law Commissioners p 7 and Warren v Windle 3 East 205 8 Enactments repealed by Statute Law Revision Acts include enactments which had become totally inoperative from having been impliedly repealed 9 The following list includes any Act the short title of which includes the words statute law revision without prejudice to suggestions that some of these Acts are not actually Statute Law Revision Acts The Statute Law Revision Act 1861 24 amp 25 Vict c 101 The Statute Law Revision Act 1863 26 amp 27 Vict c 125 The Statute Law Revision Act 1867 30 amp 31 Vict c 59 The Statute Law Revision Act 1870 33 amp 34 Vict c 69 The Statute Law Revision Act 1871 34 amp 35 Vict c 116 The Statute Law Revision Act 1872 35 amp 36 Vict c 63 The Statute Law Revision Act 1872 No 2 35 amp 36 Vict c 97 The Statute Law Revision Act 1873 36 amp 37 Vict c 91 The Statute Law Revision Act 1874 37 amp 38 Vict c 35 The Statute Law Revision Act 1874 No 2 37 amp 38 Vict c 96 The Statute Law Revision Act 1875 38 amp 39 Vict c 66 The Statute Law Revision Substituted Enactments Act 1876 39 amp 40 Vict c 20 The Statute Law Revision Act 1878 41 amp 42 Vict c 79 The Statute Law Revision and Civil Procedure Act 1881 44 amp 45 Vict c 59 The Statute Law Revision Act 1883 46 amp 47 Vict c 39 The Statute Law Revision and Civil Procedure Act 1883 46 amp 47 Vict c 49 The Statute Law Revision Act 1887 50 amp 51 Vict c 59 The Statute Law Revision Act 1888 51 amp 52 Vict c 3 The Statute Law Revision No 2 Act 1888 51 amp 52 Vict c 57 The Statute Law Revision Act 1890 53 amp 54 Vict c 33 The Statute Law Revision No 2 Act 1890 53 amp 54 Vict c 51 The Statute Law Revision Act 1891 54 amp 55 Vict c 67 The Statute Law Revision Act 1892 55 amp 56 Vict c 19 The Statute Law Revision Act 1893 56 amp 57 Vict c 14 The Statute Law Revision No 2 Act 1893 56 amp 57 Vict c 54 The Statute Law Revision Act 1894 57 amp 58 Vict c 56 The Statute Law Revision Act 1898 61 amp 62 Vict c 22 The Statute Law Revision Act 1908 8 Edw 7 c 49 The Statute Law Revision Act 1927 17 amp 18 Geo 5 c 42 The Statute Law Revision Act 1948 11 amp 12 Geo 6 c 62 The Statute Law Revision Act 1950 14 Geo 6 c 6 The Statute Law Revision Act 1953 2 amp 3 Eliz 2 c 5 The Statute Law Revision Act 1958 6 amp 7 Eliz 2 c 46 The Statute Law Revision Act 1959 7 amp 8 Eliz 2 c 68 The Statute Law Revision Act 1960 8 amp 9 Eliz 2 c 56 The Statute Law Revision Act 1963 c 30 The Statute Law Revision Act 1964 c 79 The Statute Law Revision Consequential Repeals Act 1965 c 55 The Statute Law Revision Act 1966 c 5 Courtenay Ilbert said that the Repeal of Obsolete Statutes Act 1856 19 amp 20 Vict c 64 was the first Statute Law Revision Act 10 The Promissory Oaths Act 1871 34 amp 35 Vict c 48 the Civil Procedure Acts Repeal Act 1879 42 amp 43 Vict c 59 and the Master and Servant Act 1889 52 amp 53 Vict c 24 were expressed by their preambles to be passed for the purpose of statute law revision Scotland edit The Statute Law Revision Scotland Act 1906 6 Edw 7 c 38 The Statute Law Revision Scotland Act 1964 c 80 Ireland before 1922 edit See also Republic of Ireland The Statute Law Ireland Revision Act 1872 35 amp 36 Vict c 98 The Statute Law Revision Ireland Act 1878 41 amp 42 Vict c 57 The Statute Law Revision Ireland Act 1879 42 amp 43 Vict c 24 Northern Ireland edit The Statute Law Revision Act Northern Ireland 1952 c 1 NI The Statute Law Revision Act Northern Ireland 1953 c 1 NI The Statute Law Revision Act Northern Ireland 1954 c 35 NI The Statute Law Revision Northern Ireland Act 1973 c 55 The Statute Law Revision Northern Ireland Act 1976 c 12 The Statute Law Revision Northern Ireland Act 1980 c 59 The Statute Law Revision Acts Northern Ireland 1952 and 1953 means the Statute Law Revision Act Northern Ireland 1952 and the Statute Law Revision Act Northern Ireland 1953 11 The Statute Law Revision Acts Northern Ireland 1952 to 1954 means the Statute Law Revision Acts Northern Ireland 1952 and 1953 and the Statute Law Revision Act Northern Ireland 1954 12 The Short Titles Act Northern Ireland 1951 and the Repeal of Unnecessary Laws Act Northern Ireland 1953 also contribute to the revision of the statute book in Northern Ireland 13 Isle of Man edit The following Act of the Parliament of the United Kingdom repealed enactments extending to the Isle of Man The Statute Law Revision Isle of Man Act 1991 c 61 The Westbury saving edit The Westbury saving named for its proponent Lord Westbury was an increasingly complex saving provision that was included in all Statute Law Revision Acts from 1861 until 1953 and which reached its final standardised form in the Statute Law Revision No 2 Act 1888 14 The reason for its inclusion was as a precautionary measure intended to prevent any substantive changes to the law arising out of any repeals and to confine the Acts to the administrative function of clearing dead wood from the statute book 15 16 As well as explicitly preventing any repeal from affecting the interpretation of any statute still in force it also retained any right benefit claim liability principle of law and court jurisdiction that had previously arisen under a repealed Act 16 This was much broader than the general saving provisions that had been introduced in 1850 that applied to all repeals 17 The enactments described in the schedule to this Act are hereby repealed subject to the provisions of this Act and subject to the exceptions and qualifications in the said schedule mentioned and every part of a title preamble or recital specified after the words in part namely in connexion with an Act mentioned in the said schedule may be omitted from any revised edition of the statutes published by authority after the passing of this Act and there may be added in the said edition such brief statement of the Acts officers persons and things mentioned in the title preamble or recital as may in consequence of such omission appear necessary Provided as follows The repeal of any words or expressions of enactment described in the said schedule shall not affect the binding force operation or construction of any statute or of any part of a statute whether as respects the past or the future and where any enactment not comprised in the said schedule has been repealed confirmed revived or perpetuated by any enactment hereby repealed such repeal confirmation revivor or perpetuation shall not be affected by the repeal effected by this Act and the repeal by this Act of any enactment or schedule shall not affect any enactment in which such enactment or schedule has been applied incorporated or referred to nor shall such repeal of any enactment affect any right to any hereditary revenues of the Crown or affect any charges thereupon or prevent any such enactment from being put in force for the collection of any such revenues or otherwise in relation thereto and this Act shall not affect the validity invalidity effect or consequences of anything already done or suffered or any existing status or capacity or any right title obligation or liability already acquired accrued or incurred or any remedy or proceeding in respect thereof or any release or discharge of or from any debt penalty obligation liability claim or demand or any indemnity or the proof of any past act or thing nor shall this Act affect any principle or rule of law or equity or established jurisdiction form or course of pleading practice or procedure or the general or public nature of any statute or any existing usage franchise liberty custom privilege restriction exemption office appointment payment allowance emolument or benefit or any prospective right notwithstanding that the same respectively may have been in any manner affirmed recognised or derived by in or from any enactment hereby repealed nor shall this Act revive or restore any jurisdiction office duty drawback fee payment franchise liberty custom liability right title privilege restriction exemption usage practice procedure form of punishment or other matter or thing not now existing or in force and this Act shall not extend to repeal any enactment so far as the same may be in force in any part of His Majesty s dominions out of the United Kingdom except where otherwise expressed in the said schedule Statute Law Revision Act 1908 8 Edw 7 c 49 s 1 Although the Interpretation Act 1889 greatly expanded the 1850 general saving provision 18 the Westbury saving continued to be inserted into Statute Law Revision Acts as the 1889 Act did not provide that any principle of law or court jurisdiction arising under an Act would be retained on its repeal However the Westbury saving s complexity and wide reach gave it a reputation for making the law uncertain 19 and inaccessible due to the fact that the repealed provisions would not be included in any revised edition of the statutes 20 As a result it was not included in any Act after the Statute Law Revision Act 1953 as any extension beyond the provisions of the 1889 Act was considered undesirable 20 Although the 1889 Act has now been repealed its general saving provision has been incorporated into the Interpretation Act 1978 21 Republic of Ireland editPre 2005 edit The Fisheries Statute Law Revision Act 1949 No 27 The Fisheries Statute Law Revision Act 1956 No 28 The Statute Law Revision Pre Union Irish Statutes Act 1962 No 29 The Statute Law Revision Act 1983 No 11 Enacted between 2005 and 2016 as part of the Statute Law Revision Programme edit The following statutes have been enacted under the Statute Law Revision Programme The Statute Law Revision Pre 1922 Act 2005 No 32 The Statute Law Revision Act 2007 No 28 The Statute Law Revision Act 2009 No 46 The Statute Law Revision Act 2012 No 19 The Statute Law Revision Act 2015 No 23 The Statute Law Revision Act 2016 No 20 Antigua editThe Statute Law Revision Ordinance 1919 22 Australia editFederal legislation edit The Statute Law Revision Act 1974 No 20 2 ComLaw The Statute Law Revision Act 1981 No 61 3 The Statute Law Revision Act 1996 No 43 4 5 ComLaw The Statute Law Revision Act 2002 No 63 6 7 ComLaw The Statute Law Revision Act 2005 No 100 8 The Statute Law Revision Act 2006 No 9 9 10 ComLaw The Statute Law Revision Act 2007 No 8 11 12 ComLaw The Statute Law Revision Act 2008 No 73 13 The Statute Law Revision Act 2010 No 8 14 The Statute Law Revision Act 2011 No 5 15 Australian Capital Territory edit The Statute Law Revision Miscellaneous Provisions Act 1992 No 23 16 The Statute Law Revision Miscellaneous Provisions Act 1993 No 1 17 The Statute Law Revision Act 1994 No 26 18 The Statute Law Revision Act 1995 No 46 19 The Statute Law Revision Penalties Act 1994 No 81 20 The Statute Law Revision Penalties Act 1998 No 54 21 New South Wales edit The Statute Law Revision Act 1898 No 28 22 The Statute Law Revision Act 1924 No 34 23 The Statute Law Revision Act 1937 No 35 24 The Statute Law Revision Act 1976 No 63 25 The Statute Law Revision Local Government Act 1995 No 11 26 Northern Territory edit The Statute Law Revision Act 2005 No 44 27 The Statute Law Revision Act 2007 No 4 28 The Statute Law Revision Act 2008 No 6 29 The Statute Law Revision Act 2009 No 25 30 The Statute Law Revision Act 2010 No 29 31 The Statute Law Revision Act 2011 No 30 32 South Australia edit The Statute Law Revision Act 2003 No 44 33 The Statute Law Revision Act 2008 No 9 34 Tasmania edit The Statute Law Revision Penalties Act 1995 No 35 35 The Statute Law Revision Repeals Act 2000 No 27 36 The Statute Law Revision Act 2003 No 9 37 Victoria edit The Statute Law Revision Act 1891 No 1236 38 The Statute Law Revision Act 1893 No 1348 39 The Statute Law Revision Act 1916 No 2875 40 The Statute Law Revision Act 1929 No 3816 41 The Statute Law Revision Act 1930 No 3943 42 The Statute Law Revision Act 1933 No 4191 43 The Statute Law Revision Act 1934 No 4264 44 The Statute Law Revision Act 1937 No 4485 45 The Statute Law Revision Act 1939 No 4636 46 The Statute Law Revision Act 1940 No 4726 47 The Statute Law Revision Act 1941 No 4840 48 The Statute Law Revision Act 1947 No 5217 49 The Statute Law Revision Act 1948 No 5331 50 The Statute Law Revision Act 1951 No 5602 51 The Statute Law Revision Act 1953 No 5753 52 The Statute Law Revision Act 1955 No 5896 53 The Statute Law Revision Act 1957 No 6112 54 The Statute Law Revision Act 1959 No 6547 55 The Statute Law Revision Act 1960 No 6716 56 The Statute Law Revision Act 1961 No 6759 57 The Statute Law Revision Act 1962 No 6867 58 The Statute Law Further Revision Act 1962 No 6961 59 The Statute Law Revision Act 1963 No 7065 60 The Statute Law Revision Act 1964 No 7142 61 The Statute Law Revision Act 1965 No 7332 62 The Statute Law Revision Act 1971 No 8181 63 The Statute Law Revision Act 1977 No 9059 64 The Statute Law Revision Act 1980 No 9427 65 The Statute Law Revision Act 1981 No 9549 66 The Statute Law Revision Repeals Act 1982 No 9863 67 The Statute Law Revision Act 1983 No 9902 68 The Statute Law Revision Act 1984 No 10087 69 The Statute Law Revision Act 1995 No 11 70 The Statute Law Revision Act 2005 No 10 71 The Statute Law Revision Act 2007 No 28 72 The Statute Law Revision Act 2011 No 29 73 Statute Law Revision Committee Act The Statute Law Revision Committee Act 1916 No 2876 74 The Statute Law Revision Committee Act 1948 No 5285 75 The Statute Law Revision Committee Amendment Act 1953 No 5737 76 The Statute Law Revision Committee Amendment Act 1955 No 5855 77 Western Australia edit The Statute Law Revision Act 2006 No 37 78 Barbados editThe Statute Law Revision Act 1893 23 The Statute Law Revision Act No 2 1912 24 Bermuda editThe Statute Law Revision Act 1902 No 55 25 The Statute Law Revision Act 1907 No 15 The Statute Law Revision Act 1953 No 72 Canada editOntario edit The Statute Law Revision Act 1902 2 Edw 7 c 1 26 Ghana editThe Statute Law Revision Act 1963 Act 215 27 The Statute Law Revision Decree 1969 NLCD 355 28 The Statute Law Revision Act 1971 Act 368 29 The Statute Law Revision Decree 1973 NRCD 184 30 The Statute Law Revision No 2 Decree 1973 NRCD 228 31 The Statute Law Revision Law 1992 PNDCL 295 The Statute Law Revision Law 1993 PNDCL 323 The Statute Law Revision Act 1996 Act 516 32 The Statute Law Revision Act 1997 Act 543 33 South Africa editThe Pre Union Statute Law Revision Act 1967 No 78 The Pre Union Statute Law Revision Act 1968 No 44 The Pre Union Statute Law Revision Act 1970 No 42 The Pre Union Statute Law Revision Act 1976 No 36 The Pre Union Statute Law Revision Act 1977 No 43 The Pre Union Statute Law Revision Act 1979 No 24 Cape edit The Cape Statute Law Revision Act 1934 No 25 The Cape Statute Law Revision Amendment Act 1939 No 32 Orange Free State edit The Orange Free State Statute Law Revision Act 1936 No 33 See also editList of short titles Desuetude Law Reform Act Statute Law Repeals ActReferences editCraies and Hardcastle Statute Law Revision Acts A Treatise on the Construction and Effect of Statute Law Second Edition Stevens and Haynes Bell Yard Temple Bar London 1892 Para 3 at pp 336 to 341 See also pp 65 72 173 226 333 and 389 William Feilden Craies Statute Law Revision Acts A Treatise on Statute Law Second Edition Hardcastle on Statutory Law Fifth Edition Stevens and Haynes Bell Yard Temple Bar London 1911 Para 3 at pp 318 to 322 See http www irishexaminerusa com mt 2008 05 07 taoiseach announces major bill html Abbott Austin Legal Reform in England 1870 1 Albany Law Journal 509 Courtenay Ilbert applied the term expurgatory Act both to Statute Law Revision Acts and also to Acts which although they consisted almost entirely of repeals did not come within the narrow lines laid down for the Statute Law Revision Acts because they contained substantive enactments Examples included the Promissory Oaths Act 1871 the Statute Law Revision and Civil Procedure Act 1881 the Statute Law Revision and Civil Procedure Act 1883 and the Summary Jurisdiction Act 1884 Legislative Methods and Forms Oxford 1901 Reprinted by the Lawbook Exchange Ltd 2008 Page 62 from Google Books Halsbury s Laws of England Fourth Edition Reissue Butterworths London 1995 Volume 44 1 Paragraph 1224 at page 722 HL Standing Orders 2010 Public Business No 51 2 HC Standing Orders 2011 Public Business No 140 1 b Halsbury s Statutes Fourth Edition 2008 Reissue Volume 41 Page 691 Michael Bedford editor Dod s Parliamentary Companion 1998 179th Edition Vacher Dod Publishing Limited 1998 ISBN 0 905702 26 3 Page 484 Statute Law Revision Bill 1892 p 3 1870 14 Solicitors Journal amp Reporter 922 1 October 1870 See also Lely Chitty s Collection of Statutes of Practical Utility 4th Ed 1880 vol 1 title Act of Parliament p 5 footnotes b and c and Westropp v Commrs of Works 1896 2 Irish Reports 125 Ilbert C P 1901 Legislative Methods and Forms Oxford Reprinted by the Lawbook Exchange Ltd p 57 Via Google Books The Statute Law Revision Act Northern Ireland 1953 section 3 2 The Statute Law Revision Act Northern Ireland 1954 section 2 2 1953 1954 19 20 Irish Jurist and Irish Jurist Reports 14 and 61 Law Commission and Scottish Law Commission May 1998 Statute Law Revision Sixteenth Report Draft Statute Law Repeals Bill Law Com No 252 Scot Law Com No 166 Cm 3939 app 2 sch 1 para 9 2 House of Lords 13 July 1863 Statute Law Revision A Bill intituled An Act for promoting the Revision of the Statute Law by repealing certain Enactments which have ceased to be in force or have become unnecessary Bill 233 p 6 a b McDermott Peter M 1 October 1988 Statute Law Revision Statutes Westbury Savings Statute Law Review 9 3 139 145 doi 10 1093 slr 9 3 139 Interpretation Act 1850 13 amp 14 Vict c 21 ss 5 6 Interpretation Act 1889 52 amp 53 Vict c 63 s 38 Winfield v Boothroyd 1886 54 LT 574 a b House of Lords and House of Commons 21 May 1958 Seventh Report by the Joint Committee of the House of Lords and of the House of Commons appointed to consider all Consolidation Bills including Bills for consolidating Private Acts Statute Law Revision Bills and Bills presented under the Consolidation of Enactments Procedure Act 1949 in the Present Session being a report upon the Statute Law Revision Bill H L together with proceedings of the committee and minutes of evidence H L 5 VI 108 I H C 209 I pp 2 3 Interpretation Act 1978 1978 c 30 s 16 The New Edition of the Statutes of the Presidency of Antigua New Ed 1921 p lvii Laws of Barbados 1893 vol 3 p 770 1914 14 Journal of the Society of Comparative Legislation 228 Chronological Table of Bermuda Acts from 1690 to 1923 p 110 1905 5 Journal of the Society of Comparative Legislation 431 Bedwell ed The Legislation of the Empire 1909 vol 1 p 394 Statutes of the Province of Ontario 1902 p 1 Edward Douglas Armour Essays on the Devolution of Land Canada Law Book Company 1903 p 341 1902 2 The Canadian Law Review 127 No 3 December 1902 The Revised Statutes of Ontario 1897 Toronto 1902 vol 3 pp 3899 amp 3903 The Canadian Abridgment 2nd Ed 1966 XI I d title Real Property p 4264 4267 p 892 Sullivan v McGillis and Others 1949 SCR 201 1949 2 DLR 305 1949 CarswellOnt 112 1949 93 Canadian Criminal Cases Annotated 175 at 178 CanLII Acts of Ghana vol 5 Act 215 Council for Scientific and Industrial Research Handbook Ghana 1970 71 Law Reform in Ghana in the 1970s 1970 7 University of Ghana Law Journal 14 1969 1 The Review of Ghana Law 168 Third Report of the Ghana Law Reform Commission December 1973 p 14 1971 3 Review of Ghana Law 251 Acts in Force in 1972 Ghana Business Guide 1972 73 p 104 Commonwealth African Countries 1973 7 Annual Survey of African Law 24 See further Ghana Justice Sector and the Rule of Law 2007 p 30 Repeal of Cap 131 1974 6 Review of Ghana Law 84 E S Aidoo Conveyancing and Drafting Law and Practice in Ghana 1994 pp xxxvi amp 28 1997 1998 1 The Ghana Law Reports 56 67 amp 71 S Y Bimpong Buta The Role of the Supreme Court in the Development of Constitutional Law in Ghana 2007 pp 379 558 amp 609 Legislative Watch 6 year volume 1997 2002 SLC Law Forum p 19 2009 Supreme Court of Ghana Law Reports 230 1 Retrieved from https en wikipedia org w index php title Statute Law Revision Act amp oldid 1174017009, wikipedia, wiki, book, books, library,

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