Customs (Repeal) Act 1845

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Customs (Repeal) Act 1845
Act of Parliament
Coat of Arms of the United Kingdom (1837).svg
Parliament of the United Kingdom
Long title An Act to repeal the several Laws relating to the Customs.
Citation 8 & 9 Vict. c. 84
Introduced by Henry Goulburn MP (Commons)
Territorial extent  United Kingdom
Dates
Royal assent 4 August 1845
Commencement 4 August 1845 [lower-alpha 1]
Repealed11 August 1875
Other legislation
AmendsSee § Repealed acts
Repeals/revokesSee § Repealed acts
Repealed by Statute Law Revision Act 1875
Relates to
Status: Repealed
Text of statute as originally enacted

The Customs (Repeal) Act 1845 (8 & 9 Vict. c. 84) was an act of the Parliament of the United Kingdom that repealed various statutes relating to customs in the United Kingdom.

Contents

Background

In the United Kingdom, acts of Parliament remain in force until expressly repealed.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

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 1826, eleven customs acts were passed 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 acts 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.

In 1825, the Customs Law Repeal Act 1825 (6 Geo. 4. c. 105) was passed to repeal 443 related statutes. In 1826, the Customs Act 1826 (7 Geo. 4. c. 48) was passed, which reversed the repeal of several statutes.

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

In 1833, the Customs (Repeal) Act 1833 (3 & 4 Will. 4. c. 50) was passed to repeal 24 related statutes.

On 19 July 1844, the Committee on Customs Acts resolved to bring in bring in Bills, to further amend and consolidate the customs law: [6]

Passage

The Customs Laws Repeal Bill had ts first reading in the House of Commons on 19 July 1845, presented by the chancellor of the exchequer, Henry Goulburn MP . [6] The bill had its second reading in the House of Commons on 23 July 1845 and was committed to a Committee of the Whole House, [6] which met on 25 July 1845 and reported on 28 July 1845, with amendments. [6] The amended bill had its third reading in the House of Commons on 29 July 1845 and passed, without amendments. [6]

The bill had its first reading in the House of Lords on 29 July 1845. [7] The bill had its second reading in House of Lords on 31 July 1845 and was committed to a Committee of the Whole House, [7] which met and reported on 1 August 1845, without amendments. [7] The bill had its third reading in the House of Lords on 2 August 1845 and passed, without amendments. [7]

The bill was granted royal assent on 4 August 1875. [7]

Legacy

In 1844, 10 customs acts were passed to further amend and consolidate the customs law:

The act was repealed by the Statute Law Revision Act 1875 (38 & 39 Vict. c. 66) as it was spent. [8]

Repealed acts

Section 2 of the act repealed 26 acts, listed in that section, to take effect on the passing of the act. [9] The 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.

Section 3 of the act provided that all orders in council, bonds, licenses etc. done under repealed acts would remain valid, notwithstanding the repeal. [9]

CitationShort TitleTitleExtent of repeal
11 G. 4 & 1 W. 4. c. 45 Customs Act 1830 An Act passed in the Reign of King William the Fourth, intituled An Act to subject to Duties of Customs Goods the Property of the Crown, in case of Sale after Importation.The whole.
3 & 4 W. 4. c. 51 Customs, etc. Act 1833 An Act passed in the Session of Parliament holden in the Third and Fourth Years of the Reign of King William the Fourth, intituled An Act for the Management of the Customs.The whole.
3 & 4 W. 4. c. 52 Customs, etc. (No. 2) Act 1833 An Act passed in the same Session of Parliament, intituled An Act for the general Regulation of the Customs.The whole.
3 & 4 W. 4. c. 53 Customs, etc. (No. 3) Act 1833 An Act passed in the same Session of Parliament, intituled An Act for the Prevention of Smuggling.The whole.
3 & 4 W. 4. c. 54 Customs, etc. (No. 4) Act 1833 An Act passed in the same Session of Parliament, intituled An Act for the Encouragement of British Shipping and Navigation.The whole
3 & 4 W. 4. c. 55 Customs, etc. (No. 5) Act 1833 An Act passed in the same Session of Parliament, intituled An Act for the registering of British Vessels.The whole.
3 & 4 W. 4. c. 56 Customs, etc. (No. 6) Act 1833 An Act passed in the same Session of Parliament, intituled An Act for granting Duties of Customs.The whole.
3 & 4 W. 4. c. 57 Customs, etc. (No. 7) Act 1833 An Act passed in the same Session of Parliament, intituled An Act for the warehousing of Goods.The whole.
3 & 4 W. 4. c. 58 Customs, etc. (No. 8) Act 1833 An Act passed in the same Session of Parliament, intituled An Act to grant certain Bounties and Allowances of Customs.The whole.
3 & 4 W. 4. c. 59 Customs, etc. (No. 9) Act 1833 An Act passed in the same Session of Parliament, intituled An Act to regulate the Trade of the British Possessions abroad.The whole.
3 & 4 W. 4. c. 60 Customs, etc. (No. 10) Act 1833 An Act passed in the same Session of Parliament, intituled An Act for regulating the Trade of the Isle of Man.
3 & 4 W. 4. c. 61 Customs, etc. (No. 11) Act 1833 An Act passed in the same Session of Parliament, intituled An Act to admit Sugar without Payment of Duty to be refined in bond for Exportation.The whole.
4 & 5 W. 4. c. 13 Smuggling Act 1834 An Act passed in the Fourth Year of the Reign of King William the Fourth, intituled An Act to repeal so much of an Act of the last Session of Parliament for the Prevention of Smuggling as authorizes Magistrates to sentence Persons convicted of certain Offences to serve His Majesty in His Naval Service.The whole.
4 & 5 W. 4. c. 89 Customs Act 1834 An Act passed in the Session of Parliament holden in the Fourth and Fifth Years of the Reign of King William the Fourth, intituled An Act to amend the Laws relating to the Customs.Except so much thereof as relates to Steam Vessels carrying Passengers between Great Britain and Ireland.
5 & 6 W. 4. c. 56 Tonnage, etc., of Ships Act 1835 An Act passed in the Session of Parliament holden in the Fifth and Sixth Years of the Reign of King William the Fourth, intituled An Act to regulate the Admeasurement of the Tonnage and Burden of the Shipping of the United Kingdom.The whole.
5 & 6 W. 4. c. 66 Customs Act 1835 An Act passed in the same Session of Parliament, intituled An Act to amend the Laws relating to the CustomsThe whole.
6 & 7 W. 4. c. 60 Customs Act 1836 An Act passed in the Session of Parliament holden in the Sixth and Seventh Years of the Reign of King William the Fourth, intituled An Act to amend the Laws relating to the Customs.The whole.
1 & 2 Vict. c. 113 Customs Act 1838 An Act passed in the Session of Parliament holden in the First and Second Years of the Reign of Her present Majesty, intituled An Act to amend the Laws relating to the CustomsExcept so much thereof as relates to the Conveyance of Passengers in Merchant Vessels.
5 & 6 Vict. c. 47 Customs Act 1842 An Act passed in the Session of Parliament holden in the Fifth and Sixth Years of the Reign of Her present Majesty, intituled An Act to amend the Laws relating to the Customs.Except so much thereof as relates to the Sale and the Assay of Foreign Gold and Silver Plate.
5 & 6 Vict. c. 49 Colonial Duties Act 1842 An Act passed in the same Session of Parliament, intituled An Act to amend the Laws for the Regulation of the Trade of British Possessions abroad.The whole.
5 & 6 Vict. c. 56 Customs (Amendment) Act 1842 An Act passed in the same Session of Parliament, intituled An Act for further amending the Laws relating to the Customs.Except so much thereof as relates to Gold and Silver Plate.
6 & 7 Vict. c. 84 Customs Act 1843 An Act passed in the Session of Parliament holden in the Sixth and Seventh Years of the Reign of Her present Majesty, intituled An Act to amend the Laws of Customs.The whole.
7 & 8 Vict. c. 16 Customs Act 1844 An Act passed in the Session of Parliament holden in the Seventh and Eighth Years of the Reign of Her present Majesty, intituled An Act to amend the Laws relating to the Customs.The whole.
7 & 8 Vict. c. 43 Isle of Man Customs Act 1844 An Act passed in the same Session of Parliament, intituled An Act to amend the Laws relating to the Customs in the Isle of Man.The whole.
8 & 9 Vict. c. 12 Customs Act 1845 An Act passed in this present Session of Parliament, intituled An Act to alter and amend certain Duties of Customs.The whole.
8 & 9 Vict. c. 45 Timber Ships Act 1845 Another Act passed in this present Session of Parliament, intituled An Act to make perpetual and amend an Act of the Fifth and Sixth Years of Her present Majesty, for preventing Ships clearing out from any British Port from loading any Part of their Cargo upon Deck.The whole.

See also

Notes

  1. ↑ Section 1.

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References

  1. ↑ 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. JSTOR   744300.
  2. 1 2 Ilbert, Courtenay (1901). Legislative methods and forms. Oxford: Clarendon Press. p. 57. Retrieved 9 September 2024.PD-icon.svg This article incorporates text from this source, which is in the public domain .
  3. ↑ Britain, Great (1826). The Statutes of the United Kingdom of Great Britain and Ireland [1827-. H.M. statute and law printers. pp. 323–355.
  4. 1 2 3 4 5 Britain, Great; Hume, James Deacon (1825). The Laws of the Customs, Compiled by Direction of the Lords Commissioners of His Majesty's Treasury, and Published by the Appointment and Under the Sanction of the Commissioners of His Majesty's Customs: With Notes and Indexes. J. Mawman.
  5. ↑ Commons, Great Britain House of (1825). Journals of the House of Commons. Vol. 80. pp. 310–311, 341, 352, 357, 471, 571–572, 601, 626. Retrieved 21 October 2024.
  6. 1 2 3 4 5 Commons, Great Britain House of (1844). The Journals of the House of Commons (PDF). Vol. 100. pp. 761–762, 778, 780, 807, 813, 824, 882, 885. Retrieved 29 October 2024.
  7. 1 2 3 4 5 Lords, Great Britain Parliament House of (1845). Journals of the House of Lords. Vol. 77. H.M. Stationery Office. pp. 1054, 1071, 1088, 1096, 1102. Retrieved 29 October 2024.
  8. ↑ Lords, Great Britain Parliament House of (1875). Public Bills.
  9. 1 2 Great Britain (1827). A collection of the public general statutes passed in the ... year of the reign of . unknown library. London : Printed by G.W. Eyre and W. Spottiswoode, Printers to the Queen. pp. 752–754.
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