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Statute Law Revision Act 1875

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Statute Law Revision Act 1875[1]
Act of Parliament
Parliament of the United Kingdom
Long titleAn Act for further promoting the Revision of the Statute Law by repealing certain Enactments which have ceased to be in force or have become unnecessary.
Citation38 & 39 Vict. c. 66
Introduced byHugh Cairns, 1st Earl Cairns (Lords)
Territorial extent United Kingdom
Dates
Royal assent11 August 1875
Commencement11 August 1875[2]
Other legislation
AmendsSee § Repealed acts
Repeals/revokesSee § Repealed acts
Amended by
Relates to
Status: Partially repealed
History of passage through Parliament
Records of Parliamentary debate relating to the statute from Hansard
Text of statute as originally enacted

The Statute Law Revision Act 1875 (38 & 39 Vict. c. 66) is an Act of the Parliament of the United Kingdom. The Act was intended, in particular, to facilitate the preparation of the revised edition of the statutes, then in progress.

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In the United Kingdom, Acts of Parliament remain in force until expressly repealed.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.[3]

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.[4] From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts.[4] In 1816, both Houses of Parliament, passed resolutions that an eminent lawyer with 20 clerks be commissioned to make a digest of the statues, which was declared "very expedient to be done." However, this was never done.[5]

At the start of the parliamentary session in 1853, Lord Cranworth announced his intention to the improvement of the statute law and in March 1853, appointed the Board for the Revision of the Statute Law to repeal expired statutes and continue consolidation, with a wider remit that included civil law.[4] The Board issued three reports, recommending the creation of a permanent body for statute law reform.

In 1854, Lord Cranworth appointed the Royal Commission for Consolidating the Statute Law to consolidate existing statutes and enactments of English law.[4] The Commission made four reports. Recommendations made by the Commission were implemented by the Repeal of Obsolete Statutes Act 1856 (19 & 20 Vict. c. 64).

On 17 February 1860, the Attorney General, Sir Richard Bethell told the House of Commons that he had engaged Sir Francis Reilly and A. J. Wood to expurgate the statute book of all acts which, though not expressly repealed, were not in force, working backwards from the present time.[4] In 1861, the Statute Law Revision Act 1861 (24 & 25 Vict. c. 101) was passed, which repealed or amended over 800 statutes. In 1863, the Statute Law Revision Act 1863. (26 & 27 Vict. c. 125) was passed, which repealed or amended over 1,600 statutes for England and Wales. In 1867, the Statute Law Revision Act 1867 (30 & 31 Vict. c. 59) was passed, which repealed or amended over 1,380 statutes. In 1870, the Statute Law Revision Act 1870 (33 & 34 Vict. c. 69) was passed, which repealed or amended over 250 statutes. In 1871, the Statute Law Revision Act 1871 (34 & 35 Vict. c. 116) was passed, which repealed or amended over 1,060 statutes. In 1872, the Statute Law Revision Act 1872 (35 & 36 Vict. c. 63) was passed, which repealed almost 490 statutes. In 1872, the Statute Law Revision Act 1872 (No. 2) (35 & 36 Vict. c. 97) was passed, which repealed almost 260 statutes. In 1873, the Statute Law Revision Act 1873 (36 & 37 Vict. c. 91) was passed, which repealed almost ? statutes. In 1874, the Statute Law Revision Act 1874 (37 & 38 Vict. c. 35) was passed, which repealed almost ? statutes.

Passage

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The Statute Law Revision Bill had its first reading in the House of Lords on 5 July 1875,[6] introduced by the Lord Chancellor, Hugh Cairns, 1st Earl Cairns.[7] 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.[8] 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 without amendment on 27 July 1875.[9] The Bill had its third reading in the House of Lords on 29 July 1874.[10]

The Bill its first reading in the House of Commons on 30 July 1875.[11] 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,[12] which met and reported without amendment on 3 August 1875.[13] The Bill had its third reading in the House of Commons on 4 August 1875.[14]

The Bill was granted royal assent on 11 August 1875.[15]

Legacy

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The Act was intended, in particular, to facilitate the preparation of a revised edition of the statutes.[16]

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, this 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.[17]

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[18] on 25 July 1991.[19]

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[20] and Clarke v Bradlaugh.[21][22] As to omission of parts of the Naval Discipline Act 1866 (29 & 30 Vict. c. 109) repealed by this Act from copies of that Act, see section 7(2) of the Naval Discipline Act 1884 (47 & 48 Vict. c. 39).[23]

Repealed acts

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Section 1 of the Act repealed almost 260 Acts, listed in the Schedule to the Act, across six categories:[24][a]

  • 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.

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, and provided that any previous legal protections or provisions that had been included in the original Act would not apply to this repeal.

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, 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.

See also

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Notes

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  1. ^ The Note of the Bill, unlike the Schedule, gives commentary on each Act, noting any earlier repeals and the reason for the new repeal

References

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  1. ^ The citation of this Act by this short title is authorised by section 4 of this Act.
  2. ^ The Acts of Parliament (Commencement) Act 1793
  3. ^ Farmer, Lindsay (2000). "Reconstructing the English Codification Debate: The Criminal Law Commissioners, 1833-45". Law and History Review. 18 (2): 397–425. doi:10.2307/744300. ISSN 0738-2480.
  4. ^ a b c d e Ilbert, Courtenay (1901). Legislative methods and forms. Oxford: Clarendon Press. p. 57. Retrieved 9 September 2024. Public Domain This article incorporates text from this source, which is in the public domain.
  5. ^ Gerald Gardiner, Baron Gardiner (5 June 1967). "Consolidation Bills". Parliamentary Debates (Hansard). Vol. 283. Parliament of the United Kingdom: House of Lords. col. 179.
  6. ^ "Minutes". Parliamentary Debates (Hansard). Vol. 225. Parliament of the United Kingdom: House of Lords. 5 July 1875. col. 936.
  7. ^ Hansard's Parliamentary Debates: 1875. 1875.
  8. ^ "Minutes". Parliamentary Debates (Hansard). Vol. 226. Parliament of the United Kingdom: House of Lords. 26 July 1875. col. 7–9col. ?.
  9. ^ "Minutes". Parliamentary Debates (Hansard). Vol. 226. Parliament of the United Kingdom: House of Lords. 27 July 1875. col. 84.
  10. ^ "Minutes". Parliamentary Debates (Hansard). Vol. 226. Parliament of the United Kingdom: House of Lords. 28 July 1875. col. 163.
  11. ^ "Minutes". Parliamentary Debates (Hansard). Vol. 226. Parliament of the United Kingdom: House of Commons. 30 July 1875. col. 215.
  12. ^ "Minutes". Parliamentary Debates (Hansard). Vol. 226. Parliament of the United Kingdom: House of Commons. 2 August 1875. col. 370.
  13. ^ "Minutes". Parliamentary Debates (Hansard). Vol. 226. Parliament of the United Kingdom: House of Commons. 3 July 1875. col. 443.
  14. ^ "Minutes". Parliamentary Debates (Hansard). Vol. 226. Parliament of the United Kingdom: House of Commons. 4 August 1875. col. 508.
  15. ^ "Minutes". Parliamentary Debates (Hansard). Vol. 226. Parliament of the United Kingdom: House of Lords. 11 August 1875. col. 847.
  16. ^ Britain, Great (1875). The Public General Statutes. Eyre and Spottiswoode at the Queen's Printing Office. pp. 593–706.
  17. ^ The Chronological Table of the Statutes, 1235 - 2010. The Stationery Office. 2011. ISBN 978-0-11-840509-6. Part 1. Page 494, read with pages viii and x.
  18. ^ The Statute Law Revision (Isle of Man) Act 1991, sections 1(1) and 2(2) and Schedule 1
  19. ^ The Interpretation Act 1978, section 4(b)
  20. ^ 1928 JC 25; 1928 SLT 394
  21. ^ (1881) 30 Weekly Reporter 53. See also Weekly Notes, 19 November 1881, p 137; John Mews, "Parliament", A Digest of the reported Decisions of all the Courts . . . during the Year 1882, Henry Sweet, 1883, col 317; Cecil C M Dale, "Parliamentary Oath", An Analytical Digest of the Cases published in the New Series of the Law Journal Reports and other Contemporary Reports . . . from Michaelmas Sittings 1880 to Trinity Sittings 1885, Friend Edward Streeten, 1886, p 381; Ephraim Arnold Jacob, An Analytical Digest of the Law and Practice of the Courts of Common Law, Divorce, Probate, Admiralty and Bankruptcy, and of the High Court of Justice and the Court of Appeal of England, 1883, vol 10, col 16397; Stone (ed), The Law Reports, Digest of Cases, 1892, vol 3, col 4829; Ware, Hutchins and Baker, The Law Reports, 1881 to 1885, Digest of Cases, London, 1886, col 1132.
  22. ^ Charles Bradlaugh was a party in this case.
  23. ^ Reprinted in The Victorian Statutes, Melbourne, 1890, vol 7, p 473
  24. ^ Lords, Great Britain Parliament House of (1875). Public Bills.
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