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Expiring laws continuance legislation

Legislation that continues enactments that would otherwise expire From Wikipedia, the free encyclopedia

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Expiring laws continuance legislation[1] is legislation that continues enactments that would otherwise expire.

British Guiana

See, for example, the Expiring Laws Continuance Ordinance 1934.[2]

Ceylon

See, for example, the Expiring Laws Continuance Ordinance 1904.[3][full citation needed]

England

Great Britain

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Continuance, etc., of Acts, 1735

Quick facts Continuance, etc., of Acts, 1735, Long title ...

The act 9 Geo. 2. c. 18, sometimes called Continuance, etc., of Acts, 1735, made perpetual, revived and continued various older enactments. Section 1 revived and made the Perjury Act 1728 (2 Geo. 2. c. 25) perpetual from 24 June 1735.[4] Section 2 continued the Bankrupts Act 1731 (5 Geo. 2. c. 30) from the expiration of the act until the end of the next session of parliament after 29 September 1743.[4] Section 3 extended the powers under the Highways Act 1715 (1 Geo. 1. St. 2. c. 52)[b] to appoint street scavengers and levy taxes for street cleaning and repair to all market towns, not just cities.[4] The whole Act was repealed by section 1 of, and the schedule to, the Statute Law Revision Act 1867 (30 & 31 Vict. c. 59).

Continuance of Laws Act 1780

Quick facts Continuance of Laws Act 1780, Long title ...

The Continuance of Laws Act 1780 (20 Geo. 3. c. 4) was an act of the Parliament of the United Kingdom that continued various older acts.

Background

In the United Kingdom, acts of Parliament remain in force until expressly repealed. Many acts of parliament, however, contained time-limited sunset clauses, requiring legislation to revive enactments that had expired or to continue enactments that would otherwise expire.[5]

Provisions

Continued enactments

Section 1 of the act continued the Importation of Silk Act 1779 (19 Geo. 3. c. 9) from the expiration of the act until the end of the next session of parliament after 25 March 1781.[6]

Legacy

The Select Committee on Temporary Laws, Expired or Expiring, appointed in 1796, inspected and considered all temporary laws, observing irregularities in the construction of expiring laws continuance acts, making recommendations and emphasising the importance of the Committee for Expired and Expiring Laws.[7]

The whole act was repealed by section 1 of, and the schedule to, the Statute Law Revision Act 1871 (34 & 35 Vict. c. 116).

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United Kingdom

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There was an annual Expiring Laws Continuance Act.[8][9] As of about 1902 or 1903, the "long schedule to" this annual Act had "been little altered, except by additions, for the last forty years".[10]

The system of continuing temporary laws was criticised by The Law Times in 1888.[11] Lely said there was an important debate on the Bill for the Expiring Laws Continuance Act 1902.[12]

The last act named "Expiring Laws Continuance Act" was enacted in 1970,[13] and affected portions of three acts due to expire at the end of that year.[14] Two of these three — portions of the Aliens Restriction (Amendment) Act 1919 and Commonwealth Immigrants Act 1962 — were continued until the end of 1971, by which time it was expected that an Immigration Bill would allow them to be repealed. The third expiring law was Part VI of the Licensing Act 1964, which related to licensing laws in new towns. The 1970 continuance bill as introduced proposed to continue the 1964 law also for one year, but that left the prospect of needing to pass another Expiring Laws Continuance Act in 1971 for the sole purpose of continuing one part of a single act; so for convenience, the 1970 continuance act made Part VI of the 1964 act permanent.[15] Part VI remained in force (with amendments) until the entire Licensing Act 1964 was repealed by the Licensing Act 2003.[16]

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Ireland

After the Irish Free State left the United Kingdom in 1922, it passed its own continuance acts; first the Expiring Laws Continuance Act 1922 and then an Expiring Laws Act annually from 1923 to 1952.[17] The Expiring Laws Act 1952 continued only three acts and one section of a fourth: the Parliamentary Elections Act 1868 and Corrupt Practices Commission Expenses Act 1869 had been passed by the British Parliament; the Local Authorities (Combined Purchasing) Act 1925 by the Free State Oireachtas, and section 65 of the Local Government Act 1941 by the Oireachtas after its 1937 reconstitution.[18] The 1952 act continued all four until 1960, by which time the Electoral Act 1960 had continued the 1868 and 1869 acts indefinitely;[19] they were finally repealed in 1992.[20]

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Notes

  1. [a]
    Start of session.
  2. [b]
    This is the citation in the Statutes of the Realm.

References

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