Top Qs
Timeline
Chat
Perspective

Customs Law Repeal Act 1825

Act of the Parliament of the United Kingdom From Wikipedia, the free encyclopedia

Customs Law Repeal Act 1825
Remove ads

The Customs Law Repeal Act 1825 (6 Geo. 4. c. 105), also known as the Customs' Laws' Repeal Act 1825, the Customs Repeal Act 1825 or the Customs Act 1825, was an act of the Parliament of the United Kingdom that repealed various enactments relating to customs in the United Kingdom from 1558 to 1823.

Quick facts Long title, Citation ...
Remove ads

Background

Summarize
Perspective

In the United Kingdom, acts of Parliament remain in force until expressly repealed. Blackstone's Commentaries on the Laws of England, published in the late 18th-century, raised questions about the system and structure of the common law and the poor drafting and disorder of the existing statute book.[1]

In 1806, the Commission on Public Records passed a resolution requesting the production of a report on the best mode of reducing the volume of the statute book.[2] From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts.[2]

By the early 19th-century, British customs law, relating to trade, navigation, the import and export of goods, and the collection of customs revenue, had become increasingly intricate and difficult to navigate due to the large number of acts passed that had accumulated over many years. This complexity posed challenges for both commerce and law enforcement. The preamble of the act acknowledged that the existing system had become an impediment to trade and the "Ends of Justice".[3]

In 1810, the Lords of the Treasury asked Nicholas Jickling to produce a Digest of the Laws of the Customs, which was published in 1815, numbering 1,375 pages from the earliest period to 53 Geo. 3.[4] This Digest was continuously published to bring the state of the law up to date to the end of every session. In 1814, the Commission of Public Records published their 14th Report, recommending consolidation of the statute law.

In 1822, the Navigation and Commerce Act 1822 (3 Geo. 4. c. 43) was passed to encourage shipping and navigation. The Repeal of Acts Concerning Importation Act 1822 (3 Geo. 4. c. 41) and the Repeal of Acts Concerning Importation (No. 2) Act 1822 (3 Geo. 4. c. 42) were passed at the same time to repealed related inconsistent or obsolete enactments.

In 1823, the Customs and Excise Act 1823 (4 Geo. 4. c. 23) was passed, which consolidate the several Boards of Customs, and also, the several Boards of Excise across the United Kingdom.

By a letter dated 9 August 1823, Secretary to the Treasury, John Charles Herries MP, asked J. D. Hume, Controller of the Port of London, to "undertake the preparation of a general law, or set of laws, for the consolidation of the customs of the United Kingdom".[4]

The original plan for the consolidation was outlined in a letter dated November 18, 1824, from Mr. Herries, Secretary of the Treasury, to the Customs Commissioners, proposing:[4] The plan proposed a two-pronged approach:

  1. Specific repeal: Identifying and listing specific acts and parts of acts to be repealed, ensuring their removal from the statute book.
  2. General description: Implementing a general repeal clause to address any potential omissions and provide legal clarity.

Despite the intention to create a new legal code that would supersede all previous customs laws, with a declaration that no law predating the new code would remain in force, the general repeal clause was withdrawn, the operation of the repeal of the enumerated acts was postponed for six months and full implementation of the new consolidated code was deferred to a future date.[4]

On 15 April 1825, the Committee on Customs and Excise Consolidation Acts reported and resolved that it was "expedient to repeal the several Laws relating to the Customs now in force; and to consolidate the various enactments therein contained."[5]

In 1825, eleven customs bills were proposed to consolidate to all practical purposes the whole statute law of the customs by repealing the numerous existing customs statutes and replace them with new, more clearly written laws.[4] The bills simplified tariff schedules, to make it easier for traders to understand duties, revised penalties for customs offences to ensure fair and consistent enforcement and introduced standardised procedures for customs declarations, to reduce administrative burdens and increase efficiency at ports.

Remove ads

Passage

Summarize
Perspective

Leave to bring in the Customs Laws Repeal Bill to the House of Commons was granted on 15 April 1825 to the Under-Secretary of State for War and the Colonies, Robert Wilmot-Horton MP, the Secretary to the Treasury, John Charles Herries MP, the Chancellor of the Exchequer, Frederick John Robinson MP, Attorney General, John Singleton Copley MP and the Solicitor General, Sir Charles Wetherell MP.[5] The bill had its first reading in the House of Commons on 22 April 1825, introduced by Robert Wilmot-Horton MP.[5] The bill had its second reading in the House of Commons on 25 April 1825 and was committed to a committee of the whole house, which met and reported on 30 April 1825, with amendments.[5] The amended bill had its third reading in the House of Commons on 24 June 1825 and passed, without amendments.[5]

The amended bill, referred to as the Customs Repeal Bill, had its first reading in the House of Lords on 27 June 1825.[6][7] The bill had its second reading in the House of Lords on 28 June 1825 and was committed to a committee of the whole house, which met and reported on 29 June 1825, without amendments.[6][7] The bill had its third reading in the House of Lords on 30 June 1825 and passed, without amendments.[6][7]

The bill was granted royal assent on 5 July 1825.[5][7]

Remove ads

Legacy

Summarize
Perspective

Subsequent developments

In 1825, eleven customs acts were passed to amend and consolidate the customs law:

  • Customs, etc. Act 1825 (6 Geo. 4. c. 106)
  • Customs, etc. (No. 2) Act 1825 (6 Geo. 4. c. 107)
  • Customs, etc. (No. 3) Act 1825 (6 Geo. 4. c. 108)
  • Customs, etc. (No. 4) Act 1825 (6 Geo. 4. c. 109)
  • Customs, etc. (No. 5) Act 1825 (6 Geo. 4. c. 110)
  • Customs, etc. (No. 6) Act 1825 (6 Geo. 4. c. 111)
  • Customs, etc. (No. 7) Act 1825 (6 Geo. 4. c. 112)
  • Customs, etc. (No. 8) Act 1825 (6 Geo. 4. c. 113)
  • Customs, etc. (No. 9) Act 1825 (6 Geo. 4. c. 114)
  • Customs, etc. (No. 10) Act 1825 (6 Geo. 4. c. 115)
  • Passenger Vessels Act 1825 (6 Geo. 4 c. 116)

The Customs Act 1826 (7 Geo. 4. c. 48) reversed the repeal of several acts, including:

In 1827, the Excise Management Act 1827 (7 & 8 Geo. 4. c. 53) was passed, which consolidated enactments relating to the collection and management of customs.

In 1833, eleven customs acts were passed to further amend and consolidate the customs law:

In 1845, 10 customs acts were passed to further amend and consolidate the customs law:

In 1845, the Customs (Repeal) Act 1845 (8 & 9 Vict. c. 84) was passed to repeal 26 related enactments.

In 1853, Customs Consolidation Act 1853 (16 & 17 Vict. c. 107) was passed to consolidate the customs law.

Repeal

The whole act was repealed by the Statute Law Revision Act 1873 (36 & 37 Vict. c. 91) as it was spent.[8]

The qualified terms of the repeal were criticised by William Rogers, a member of the Board for the Revision of the Statute Law, and led to several acts being repealed by later Statute Law Revision Acts, including:[9]

Remove ads

Repealed enactments

Summarize
Perspective

Section 444 of the act repealed 443 enactments, listed in sections 2–444 of the act.[17] This section included exceptions for:

  1. Any repeals of former acts contained within the acts being repealed, which remain in effect.
  2. Arrears of duties or drawbacks that had become due and payable prior to this act.
  3. Any penalty or forfeiture which had been incurred under the previous acts.
  4. Any parts of the repealed acts relating to Ireland that create or regulate jurisdiction for the trial of offenses committed there.

Section 445 of the act stipulated that the legislation in question can be modified, changed, or completely repealed through subsequent acts passed within the same parliamentary session, providing flexibility for rapid adjustments if deemed necessary.[17]

More information Citation, Short title ...

For Ireland

More information Citation, Short title ...
Remove ads

See also

Notes

  1. This act was repealed in full for England and Wales by the Statute Law Revision Act 1863 and for Ireland by the Statute Law (Ireland) Revision Act 1872. The notes for the Statute Law Revision Act 1863 state "Repealed in part expressly, and as to residue virtually, by 6 Geo. 4. c. 105."
  2. The rest of the Act (being the confirmation of 1 Hen. 4. c. 13) was repealed for England and Wales by the Statute Law Revision Act 1863 and for Ireland by the Statute Law (Ireland) Revision Act 1872.
  3. This act was repealed in whole for England and Wales by the Statute Law Revision Act 1863 and for Ireland by the Statute Law (Ireland) Revision Act 1872. The Notes for the Statute Law Revision Act 1863 state "Spent in part. Repealed in part expressly and in other part virtually by 6 Geo. 4. c. 105. Virtually repealed in part by 11 (11 & 12 in Ruffhead's Edition) Will. 3. c. 20. s. 2. (abolishing Aulnage duties). Residue (Gauger of Wines) obsolete or unnecessary."
  4. This act was repealed by Finance (1909-10) Act 1910.
  5. This act was repealed in full by the Statute Law Revision Act 1867 (30 & 31 Vict. c. 59). The Notes to the Statute Law Revision Act 1867 (30 & 31 Vict. c. 59) state "Repealed by 6 Geo. 4. c. 105., but in consequence of the qualifying words applicable to the repeal of this Act, among others, this repeal does not seem total in effect.".
  6. This act repealed in whole by the Statute Law Revision Act 1958.
  7. This act was revived by the Customs Act 1826 (7 Geo. 4 c. 48).
  8. The whole act was repealed by the Statute Law Revision Act 1867 (30 & 31 Vict. c. 59). The Notes to the Statute Law Revision Act 1867 (30 & 31 Vict. c. 59) state "Repealed by 6 Geo. 4. c. 105, but revived as to so much "as imposes any Duty to be paid to His Majesty" by 7 Geo. 4. c. 48. s. 59.; as to this virtually repealed by 8 & 9 Vict. c. 93.; see also 9 & 10 Vict. c. 94, and 16 & 17 Vict. c. 107. [Perpetuated by 4 Geo. 3. c. 15. s. 4.]".
  9. The whole act was repealed by the Statute Law Revision Act 1867 (30 & 31 Vict. c. 59). The Notes to the Statute Law Revision Act 1867 (30 & 31 Vict. c. 59) state "Repealed by 6 Geo. 4. c. 105., but the qualifying words of the repeal seem to restrain it from being total so far as this Act relates to the Excise. So far as not so repealed obsolete or unnecessary. [Perpetuated in part by 43 Geo. 3. c. 157. s. 1; which Act is repealed, with the Qualification mentioned above, by 6 Geo. 4. c. 105.]
  10. The whole act was repealed by the Statute Law Revision Act 1867 (30 & 31 Vict. c. 59). The Notes to the Statute Law Revision Act 1867 (30 & 31 Vict. c. 59) state that this Act was repealed in "qualified terms; the qualification appears to except from repeal s. 2. That section is virtually repealed by 22 Vict. c. 16 ss. 3, 4."
  11. The whole act was repealed by the Statute Law Revision Act 1867 (30 & 31 Vict. c. 59). The Notes to the Statute Law Revision Act 1867 (30 & 31 Vict. c. 59) states "See 6 Geo. 4. c. 105, which, among the Acts repealed by it, mentions an Act of the Seventh Year of King George the Third to amend 6 Geo. 3. c. 50, and in the margin gives the year and chapter of this Act; but this Act does not amend c. 50; the Act it amends is c. 52. of 6 Geo. 3, and no Act of this Year has been found that does amend c. 50."
  12. This act was revived by the Customs Act 1826 (7 Geo. 4 c. 48).
  13. The whole act was repealed by the Statute Law Revision Act 1867 (30 & 31 Vict. c. 59). The Notes to the Statute Law Revision Act 1867 (30 & 31 Vict. c. 59) state "Repealed by 6 Geo. 4. c. 105, but revived as to so much "as imposes any Duty to be paid to His Majesty" by 7 Geo. 4. c. 48. s. 59.; as to this virtually repealed by 8 & 9 Vict. c. 93.; and see 9 & 10 Vict. c. 94. and 16 & 17 Vict. c. 107."
  14. The whole act was repealed by the Statute Law Revision Act 1867 (30 & 31 Vict. c. 59). The Notes to the Statute Law Revision Act 1867 (30 & 31 Vict. c. 59) state "Repealed by 6 Geo. 4. c. 105.; but, in consequence of the qualified terms of the repeal affecting this and other Acts, s. 6. does not seem included in the repeal. That section is, however, virtually repealed by 7 Geo. 4. c. 53 s. 5."
  15. The whole act was repealed by the Statute Law Revision Act 1871. The Notes to the Statute Law Revision Act 1871 state "Repealed in part by 6 Geo. 4. c. 105. Residue expired."
  16. The whole act was repealed by the Statute Law Revision Act 1861. The Notes to the Statute Law Revision Act 1861 state "Repealed by 6 Geo. 4. c. 105., but the terms are qualified, though it must, however, be regarded as total with respect to the Act here entered."
  17. The act was made perpetual so far as regards the Allowance on Drawbacks upon Rum shipped as Stores by Duties on Rum, etc. Act 1802 (42 Geo. 3. c. 20).
  18. The whole act was repealed by the Statute Law Revision Act 1861. The Notes to the Statute Law Revision Act 1861 state "Repealed by 6 Geo. 4. c. 105., but the terms of the repeal are qualified; it must, however, be regarded as extending to the whole of the Act here entered, including s. 4. (Applied by 44 Geo. 3. c. 100. s. 2.) Repealed in part by 31 Geo. 3. c. 24. and 3 Geo. 4. c. 42. ss. 19, 20.)"
  19. This act was repealed in whole by the Statute Law Revision Act 1861. The notes to the Statute Law Revision Act 1861 state "Repealed by 6 Geo. 4. c. 105., but the terms of the repeal are peculiar; it is, however, to be regarded as total with respect to the Act here cited. (Amended by 26 Geo. 3. c. 77. s. 9.)".
  20. This act was repealed in whole by the Statute Law Revision Act 1861. The Notes to the Statute Law Revision Act 1861 state "Repealed by 6 Geo. 4. c. 105., but the terms of the repeal are qualified; it is, however, in substance total with respect to the Act here entered. (Repealed in part by 26 Geo. 3. c. 59. s. 64.)"
  21. The whole act was repealed by the Statute Law Revision Act 1871. The Notes to the Statute Law Revision Act 1871 state "Repealed by 6 Geo. 4. c. 105.; but it seems doubtful, owing to the qualified terms of the repeal, whether sect. 3. is included in it. If not it is obsolete."
  22. This act was repealed in whole by the Statute Law Revision Act 1861. The notes to the Statute Law Revision Act 1861 state "Repealed by 6. Geo. 4. c. 105., but the terms of repeal are qualified; it is, however, to be regarded as total with respect to the Act here entered. The unrepealed part of the Act here entered had expired before the repeal by the last-mentioned Act (Repealed in part by 38 Geo. 3. c. 16. s. 1. and 59 Geo. 3. c. 103. s. 2.)"
  23. The whole act was repealed by the Statute Law Revision Act 1861. The Notes to the Statute Law Revision Act 1861 state "Repealed by 6 Geo.4. c. 105., but the terms of the repeal are qualified; it is, however, to be regarded as total with respect to the Act here entered. (Applied by 35 Geo. 3. c. 31. s. 2.) Repealed in part by 39 & 40 Geo. 3. c. 80. s. 8. and 4 Geo. 4. c. 14. s. 1.)"
  24. The whole act was repealed by the Statute Law Revision Act 1861. The Notes to the Statute Law Revision Act 1861 state "Repealed by 6 Geo. 4. c. 105., but the terms of the repeal are qualified; it is, however, to be regarded as total with respect to the Act here entered. (Repealed in part by (54 Geo. 3. c. 78. 57 Geo. 3. c. 88. s. 1. 1 & 2 Geo. 4. c. 81.)"
  25. The whole act was repealed by the Statute Law Revision Act 1861. The Notes to the Statute Law Revision Act 1861 state "Repealed by 6 Geo. 4. c. 105., but the terms of the repeal are qualified; it is, however, to be regarded as total with respect to the Act here entered."
  26. 34 Geo. 3. c. 50 s. 7
  27. The whole act was repealed by the Statute Law Revision Act 1872. The Notes to the Statute Law Revision Act 1872 state "Repealed by 6 Geo. 4. c. 105., but the qualifying terms of the repeal seem to prevent it from being total so far as this Act relates to the Excise. So far as not so repealed, repeal by sequential or repeal by The Statute Law Revision Act, 1867, of Act perpetuated."
  28. The whole act was repealed by the Statute Law Revision Act 1872. The Notes to the Statute Law Revision Act 1872 state "Repealed by 6 Geo. 4. c. 105., but the qualifying terms of the repeal seem to prevent it from being total so far as this Act relates to the Excise. So far as not so repealed, repeal by sequential or repeal by The Statute Law Revision Act, 1867, of Act perpetuated."
  29. The whole act was repealed by the Statute Law Revision Act 1872. The Notes to the Statute Law Revision Act 1872 state "Repealed by 6 Geo. 4. c. 105., but from the qualifying terms of the repeal it may be doubtful whether this Act is wholly repealed. The repeal is, however, regarded as total by the Treasury, see letter from the Treasury to Commissioners of Stamps, dated 24th October 1837. [Affected by 48 Geo. 3. c. 149. s. 46.]"
  30. The whole act was repealed by the Statute Law Revision Act 1872. The Notes to the Statute Law Revision Act 1872 state "Repealed by 6 Geo. 4. c. 105., but from the qualifying words attached to such repeal it may be doubtful whether its operation extends to the whole of this Act. So far as not so repealed it is repealed in general terms by 6 Geo. 4. c. 78."
  31. 1 Geo. 4. c. 11
  32. The whole act was repealed by the Statute Law Revision Act 1872 (No. 2). The Notes to the Statute Law Revision Act 1872 (No. 2) state "Repealed by 6 Geo. 4. c. 105., but see the qualifying terms of the repeal which make it doubtful whether the repeal is total as to this Act, as it relates in words to other duties besides Customs duties, though there are in fact no such other duties to which this Act is applicable."
  33. The whole act was repealed by the Statute Law Revision Act 1873. The Notes to the Statute Law Revision Act 1873 state "Repealed by 6 Geo. 4. c. 105.; but from the qualifying terms of the repeal it may be doubtful whether this Act is wholly repealed. So far as not so repealed it is repealed in general terms by 6 Geo. 4. c. 78. s. 1."
  34. The whole act was repealed by the Statute Law Revision Act 1861. The Notes to the Statute Law Revision Act 1861 state "Repealed by 6 Geo. 4. c. 105. It is conceived that the repeal of the Act here entered is total; but see the terms of the repeal."
  35. The whole act was repealed by the Statute Law Revision Act 1873. The Notes to the Statute Law Revision Act 1873 state "Repealed by 6 Geo. 4. c. 105.; but from the qualifying terms of the repeal it may be doubtful whether this Act is wholly repealed. So far as not so repealed it is repealed by 7 & 8 Geo. 4."
  36. The whole act was repealed by the Statute Law Revision Act 1873. The Notes to the Statute Law Revision Act 1873 state "Spent : This Act is (among others) repealed by 6 Geo. 4. c. 105, but inasmuch as it contains nothing more than a partial repeal for which there is an express saving, the repeal seems a nullity."
  37. The whole act was repealed by the Statute Law Revision Act 1873. The Notes to the Statute Law Revision Act 1873 state "Repealed by 6 Geo. 4. c. 105. but the terms of the repeal are qualified. So far as not so repealed repeal consequential on repeal by The Statute Law Revision Act, 1861, of 56 Geo. 3. c. 54."
  38. This act was revived by the Customs Act 1826 (7 Geo. 4 c. 48).
  39. This act was revived by the Customs Act 1826 (7 Geo. 4 c. 48).
  40. The whole act was repealed by the Statute Law Revision Act 1873. The Notes to the Statute Law Revision Act 1873 state "Repealed by 6 Geo. 4. c. 105, but so much as relates to the Excise revived by 7 Geo. 4. c. 48. s. 59. The Inland Revenue Department, however, say that the Act has not now any operation. See letters from In- land Revenue Office, 3rd March and 10th April 1875."
  41. The whole act was repealed by the Statute Law Revision Act 1873. The Notes to the Statute Law Revision Act 1873 state "Spent. [Repealed by 6 Geo. 4. c. 105., but repeal inoperative in consequence of the saving in s. 3. of the repealing [6 Geo. 4]. c. 105, so far as they repealed any former Acts.]"
  42. This act was revived by the Customs Act 1826 (7 Geo. 4 c. 48).
  43. This act was repealed in whole by the Statute Law Revision Act 1872. The Notes to the Statute Law Revision Act 1872 state "Repealed in part by— 55 Geo. 3. c. 24. s. 1. 55 Geo. 3. c. 183. 57 Geo. 3. c. 86. s. 1. Residue repealed by 6 Geo. 4. c. 105., except perhaps as to Sched. D., but if so repealed as to that schedule the repeal seems to have been modified by 7 Geo. 4. c. 48. s. 32. so as to set up that schedule, which however is now virtually repealed by 24 & 25 Vict. c. 47. s. 21. [Continued by 56 Geo. 3. c. 12. s. 1. Perpetuated in part by 24 Geo. 3. c. 129. ss. 31, 33. Continued in part by 3 Geo. 4. c. 99. s. 1. Incorporated by 4 Geo. 4. c. 72. s. 43.]"
  44. This act was repealed in whole by the Statute Law Revision Act 1872. The notes to the Statute Law Revision Act 1872 state "Repealed by 6 Geo. 4. c. 105., but from the qualifying terms of the repeal it may be doubtful whether this act is wholly repealed. So far as not so repealed, expired."
  45. This act was repealed in whole by the Statute Law Revision Act 1873. The notes to the Statute Law Revision Act 1873 state "Repealed by 6 Geo. 4. c. 105, but see — 6 Geo. 4. c 128. 7 Geo. 4. c. 48. s. 52. So far as not so repealed, virtually repealed by 24 & 25 Vict. c. 47. s. 21. [Duties under, repealed (other duties being substituted) by c. 129). of the same Session, s. 8. Repealed in part by 3 Geo. 4. c. 99. s. 8 (repealed by 5 Geo. 4. c. 65 s. 1]
  46. This act was repealed in whole by the Statute Law Revision Act 1873. The notes to the Statute Law Revision Act 1873 state "Repealed by 6 Geo. 4. c. 105, but the saving for repeals seems to render the repeal of this Act inoperative as it contains only repeals. [Referred to by 3 Geo. 4. c. 41. s. 10]."
Remove ads

References

Loading related searches...

Wikiwand - on

Seamless Wikipedia browsing. On steroids.

Remove ads