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Statute Law Revision Act 1875

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

Statute Law Revision Act 1875
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The Statute Law Revision Act 1875 (38 & 39 Vict. c. 66) is an act of the Parliament of the United Kingdom that repealed for the United Kingdom enactments from 1725 to 1868 which had ceased to be in force or had become necessary.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, and schedule 2 to, the Statute Law Revision Act 1878 (41 & 42 Vict. c. 79) revived several acts repealed by the act, including:

Section 3 of the Statute Law Revision Act 1878 (41 & 42 Vict. c. 79) replaced the text "The Schedule" in the partial repeal of the Industrial Schools Act 1866 (29 & 30 Vict.) with "The First Schedule".

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In the United Kingdom, acts of Parliament remain in force until expressly repealed.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

The Statute Law Revision Bill had its first reading in the House of Lords on 5 July 1875,[4] introduced by the Lord Chancellor, Hugh Cairns, 1st Earl Cairns.[5] The bill had its second reading in the House of Lords on 26 June 1874 and was referred to a committee of the whole house.[6] In his speech introducing the bill, the Lord Chancellor, Hugh Cairns, 1st Earl Cairns mentioned that this was the eleventh volume of statute revision work and that further consolidation bills would be presented to Parliament for consideration during the parliamentary recess. The committee met and reported on 27 July 1875, without amendments.[7] The bill had its third reading in the House of Lords on 29 July 1874 and passed, without amendments.[8]

The bill its first reading in the House of Commons on 30 July 1875.[9] The bill had its second reading in the House of Commons on 2 August 1875 and was committed to a committee of the whole house,[10] which met and reported without amendment on 3 August 1875.[11] The bill had its third reading in the House of Commons on 4 August 1875 and passed, without amendments.[12]

The bill was granted royal assent on 11 August 1875.[13]

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Legacy

The act was intended, in particular, to facilitate the preparation of a revised edition of the statutes.[14]

This act was amended by sections 2 and 3 of the Statute Law Revision Act 1878 (41 & 42 Vict. c. 79).

Sections 2 and 3 of, and the schedule to, the act, were repealed by section 1 of, and schedule 1 to, the Statute Law Revision Act 1894 (57 & 58 Vict. c. 56).

The act was partly in force in Great Britain at the end of 2010.[15]

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[16] on 25 July 1991.[17]

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.

As to repeals by this act, see Campbell v Cochrane[18] and Clarke v Bradlaugh.[19][20] As to omission of parts of the Naval Discipline Act 1866 (29 & 30 Vict. c. 109) repealed by the act from copies of that act, see section 7(2) of the Naval Discipline Act 1884 (47 & 48 Vict. c. 39).[21]

Repealed enactments

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Section 1 of the act repealed 1,401 enactments, listed in the schedule to the act, across six categories:[22][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.[14]

Section 2 of the act repealed the Consecration of Bishops Abroad Act 1786 (26 Geo. 3 c. 84), effective from the passing of the Colonial Clergy Act 1874 (37 & 38 Vict. c. 77), and provided that any previous legal protections or provisions that had been included in the original Act would not apply to this repeal.[14]

Section 3 of the act provided that section 25 of the Licensing (Scotland) Act 1828 (9 Geo. 4. c. 58), which had been repealed by the Statute Law Revision Act 1873 (36 & 37 Vict. c. 91), was revived, as from the repeal thereof, and that all proceedings taken thereunder since that repeal were as valid and effectual as if that section had not been repealed.[14]

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See also

Notes

  1. Section 4.
  2. The Note of the bill, unlike the schedule, gives commentary on each act, noting any earlier repeals and the reason for the new repeal.
  3. This act was partially revived by the Statute Law Revision Act 1878 (41 & 42 Vict. c. 79): "So much of Sections ninety-nine and One hundred and five as was repealed by the Statute Law Revision Act, 1875."
  4. This act was partially revived by the Statute Law Revision Act 1878 (41 & 42 Vict. c. 79): "Section Two, except so much thereof as was repealed by 18 & 19 Vict. c. 109. s. 4. Section Three."
  5. This act was partially revived by the Statute Law Revision Act 1878 (41 & 42 Vict. c. 79): "Section eleven, to "continued in the said Schedule". Section twelve. So much of the Schedule as prescribes the form of register of applications."
  6. The text of the act does not start "in part".
  7. The text of the act does not start "in part".
  8. The Statute Law Revision Act 1878 (41 & 42 Vict. c. 79) substituted "The Schedule" with "The First Schedule".
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References

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