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Statute Law Revision Act 1871

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

Statute Law Revision Act 1871
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The Statute Law Revision Act 1871 (34 & 35 Vict. c. 116) is an act of the Parliament of the United Kingdom that repealed for the United Kingdom enactments from 1372 to 1800 which had ceased to be in force or had become necessary. The act was intended, in particular, to facilitate the preparation of the revised edition of the statutes, then in progress.

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Section 2 of the Statute Law Revision Act 1872 (35 & 36 Vict. c. 63) provided that the explanatory note of the Schedule to the act shall be read as if the words "Edward the Third" were inserted immediately before the words "William the Third".

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Background

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In the United Kingdom, acts of Parliament remain in force until expressly repealed.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]

From 1810 to 1825, the The Statutes of the Realm was published, providing the first authoritative collection of acts.[2] The first statute law revision act was not passed until 1856 with the Repeal of Obsolete Statutes Act 1856 (19 & 20 Vict. c. 64). This approach — focusing on removing obsolete laws from the statute book followed by consolidation — was proposed by Peter Locke King MP, who had been highly critical of previous commissions' approaches, expenditures, and lack of results.[3]

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Passage

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The Statute Law Revision Bill had its first reading in the House of Lords on 6 July 1871, introduced by the Lord Chancellor, William Wood, 1st Baron Hatherley.[4] The bill had its second reading in the House of Lords on 18 July 1871 and was committed to a committee of the whole house.[5] In his speech introducing the bill, the Lord Chancellor, William Wood, 1st Baron Hatherley stated that the bill would repeal almost 1,100 acts and parts of acts, continuing the work of Richard Bethell, 1st Baron Westbury to publish a revised edition of the statutes. The committee met and reported without amendment on 20 July 1871.[6] The bill had its third reading in the House of Lords on 21 July 1871.[7]

The bill had its first reading in the House of Commons on 24 July 1871.[8] The bill had its second reading in the House of Commons on 27 July 1871,[9] and was committed to a committee of the whole house, which met and reported on 16 August 1871,[10] with amendments.[11] The amended bill was considered and had its third reading in the House of Commons on 17 August 1871.[12] The amended bill was considered and agreed to by the House of Lords on 18 August 1871.[13]

The bill was granted royal assent on 21 August 1871.[14]

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Legacy

The act was intended, in particular, to facilitate the preparation of a revised edition of the statutes.[15]

The act was partly in force in Great Britain at the end of 2010.[16]

The Schedule to the act was repealed by section 1 of, and schedule 1 to, the Statute Law Revision Act 1894 (57 & 58 Vict. c. 56).

The enactments which were repealed (whether for the whole or any part of the United Kingdom) by the act were repealed so far as they extended to the Isle of Man[17] on 25 July 1991.[18]

The act was retained for the Republic of Ireland by section 2(2)(a) of, and Part 4 of Schedule 1 to, the Statute Law Revision Act 2007.

Repealed enactments

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Section 1 of the act repealed 1,067 enactments, listed in the schedule to the act, across six categories:[19][c]

  • Expired
  • Spent
  • Repealed in general terms
  • Virtually repealed
  • Superseded
  • Obsolete

Section 1 of the act included several safeguards to ensure that the repeal does not negatively affect existing rights or ongoing legal matters. Specifically, any legal rights, privileges, or remedies already obtained under the repealed laws, as well as any legal proceedings or principles established by them, remain unaffected. Section 1 of the act also ensured that repealed enactments that have been incorporated into other laws would continue to have legal effect in those contexts. Moreover, the repeal would not revive any former rights, offices, or jurisdictions that had already been abolished.[15]

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See also

Notes

  1. Section 2.
  2. The Acts of ParliSament (Commencement) Act 1793.
  3. The Note of the bill, unlike the schedule, gives commentary on each act, noting any earlier repeals and the reason for the new repeal.
  4. This was erroneously cited as "3 Geo. 3." in the Act.
  5. This was erroneously cited as "15 Geo. 3. c. 5" in the Act.

References

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