Statute Law Revision (No. 2) Act 1888

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Statute Law Revision Act 1888 [a]
Act of Parliament
Coat of Arms of the United Kingdom (1837).svg
Parliament of the United Kingdom
Long title An Act for further promoting the Revision of the Statute Law by repealing superfluous expressions of enactment, and enactments which have ceased to be in force or have become unnecessary.
Citation 51 & 52 Vict. c. 57
Introduced by Hardinge Giffard, 1st Baron Halsbury (Lords)
Territorial extent  United Kingdom
Dates
Royal assent 24 December 1888
Commencement 24 December 1888 [b]
Repealed16 November 1989 (UK only)
Other legislation
AmendsSee § Repealed acts
Repeals/revokesSee § Repealed acts
Amended by
Relates to
Status: Repealed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Text of statute as originally enacted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 (No. 2) Act 1888 (51 & 52 Vict. c. 57) was an act of the Parliament of the United Kingdom that repealed various United Kingdom enactments which had ceased to be in force or had become necessary. The act was intended, in particular, to facilitate the preparation of the new edition of the revised edition of the statutes, then in progress.

Contents

Section 5 of the Statute Law Revision Act 1890 (53 & 54 Vict. c. 33) provided that the was to be read and construed as if, in the entry in the schedule to the act relating to the Assizes (Ireland) Act 1835 (5 & 6 Will. 4. c. 26), the reference to sections 1 and 2 and 3 were replaced by reference to sections 2 and 3 and 4.

Section 3 of the Statute Law Revision Act 1894 (57 & 58 Vict. c. 56) provided that the second schedule to that act was to be substituted for so much of this act and of the Statute Law Revision Act 1892 (55 & 56 Vict. c. 19) as related to the Small Debt (Scotland) Act 1837 (7 Will. 4 & 1 Vict. c. 41) and to the Burning of Houses (Dublin) Act 1841 (4 & 5 Vict. c. 10), and that "the said Statute Law Revision Acts" were to be read and construed accordingly.

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In the United Kingdom, acts of Parliament remain in force until expressly repealed.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

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. [2] 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. [2] The Commission made four reports.

An alternative approach, focusing on expunging obsolete laws from the statute book, followed by consolidation, was proposed by Peter Locke King MP, who was heavily critical of the expenditure of the Commission and the lack of results. [4] This approach was taken by the Repeal of Obsolete Statutes Act 1856 (19 & 20 Vict. c. 64), considered to be the first Statute Law Revision Act. [2]

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. [2]

Previous Acts
Year

passed

TitleCitationEffect
1861 Statute Law Revision Act 1861 24 & 25 Vict. c. 101Repealed or amended over 800 enactments
1863 Statute Law Revision Act 1863 26 & 27 Vict. c. 125Repealed or amended over 1,600 enactments for England and Wales
1867 Statute Law Revision Act 1867 30 & 31 Vict. c. 59Repealed or amended over 1,380 enactments
1870 Statute Law Revision Act 1870 33 & 34 Vict. c. 69Repealed or amended over 250 enactments
1871 Promissory Oaths Act 1871 34 & 35 Vict. c. 48Repealed or amended almost 200 enactments
1871 Statute Law Revision Act 1871 34 & 35 Vict. c. 116Repealed or amended over 1,060 enactments
1872 Statute Law Revision Act 1872 35 & 36 Vict. c. 63Repealed or amended almost 490 enactments
1872 Statute Law (Ireland) Revision Act 1872 35 & 36 Vict. c. 98Repealed or amended over 1,050 enactments
1872 Statute Law Revision Act 1872 (No. 2) 35 & 36 Vict. c. 97Repealed or amended almost 260 enactments
1873 Statute Law Revision Act 1873 36 & 37 Vict. c. 91Repealed or amended 1,225 enactments
1874 Statute Law Revision Act 1874 37 & 38 Vict. c. 35Repealed or amended over 490 enactments
1874 Statute Law Revision Act 1874 (No. 2) 37 & 38 Vict. c. 96Repealed or amended almost 470 enactments
1875 Statute Law Revision Act 1875 38 & 39 Vict. c. 66Repealed or amended over 1,400 enactments
1876 Statute Law Revision (Substituted Enactments) Act 1876 39 & 40 Vict. c. 20Updated references to repealed acts
1878 Statute Law Revision (Ireland) Act 1878 41 & 42 Vict. c. 57Repealed or amended over 460 enactments passed by the Parliament of Ireland
1878 Statute Law Revision Act 1878 41 & 42 Vict. c. 79Repealed or amended over 90 enactments.
1879 Statute Law Revision (Ireland) Act 1879 42 & 43 Vict. c. 24Repealed or amended over 460 enactments passed by the Parliament of Ireland
1879 Civil Procedure Acts Repeal Act 1879 42 & 43 Vict. c. 59Repealed or amended over 130 enactments
1881 Statute Law Revision and Civil Procedure Act 1881 44 & 45 Vict. c. 59Repealed or amended or amended almost 100 enactments relating to civil procedure.
1883 Statute Law Revision Act 1883 46 & 47 Vict. c. 39Repealed or amended over 475 enactments
1883 Statute Law Revision and Civil Procedure Act 1883 46 & 47 Vict. c. 49Repealed or amended over 475 enactments
1887 Statute Law Revision Act 1887 50 & 51 Vict. c. 59Repealed or amended over 200 enactments
1887 Sheriffs Act 1887 50 & 51 Vict. c. 55Repealed or amended almost 75 enactments related to sheriffs
1887 Coroners Act 1887 50 & 51 Vict. c. 71Repealed or amended over 30 enactments related to coroners
1888 Statute Law Revision Act 1888 51 & 52 Vict. c. 3Repealed or amended 620 enactments

Passage

The Statute Law Revision Bill had its first reading in the House of Lords on 6 August 1888, introduced by the Lord Chancellor, Hardinge Giffard, 1st Baron Halsbury. [5] The bill had its second reading in the House of Lords on 20 November 1888 and was committed to a [[Committee of the Whole House (United Kingdom)|committee of the whole house], [5] which met and reported on 27 November 1888, without amendments. [5] The bill had its third reading in the House of Lords on 4 December 1888 and passed, with amendments. [5]

The amended bill had its first reading in the House of Commons on 8 December 1888. [6] The bill had its second reading in the House of Commons on 14 December 1888 and was committed to a committee of the whole house, [6] which met and reported on 17 December 1888, with amendments. [6] The amended bill had its third reading in the House of Commons on 19 December 1888 and passed, with amendments. [6]

The amended Bill was considered and agreed to by the House of Lords on 21 December 1888. [5]

The bill was granted royal assent on 24 December 1888. [5]

Legacy

The schedule to the act was repealed by section 1 of, and the Schedule to, the Statute Law Revision Act 1908 (8 Edw. 7. c. 49).

The words "to the court of the county palatine of Lancaster or" in section 2 of the act were repealed by section 56(4) of, and Part II of Schedule 11 to, the Courts Act 1971.

Section 2 of the act was repealed by section 32(4) of, and Part V of Schedule 5 to, the Administration of Justice Act 1977.

The act was repealed by section 1(1) of, and Part XI of Schedule 1 to, the Statute Law (Repeals) Act 1989.

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 acts

Section 1 of the act repealed enactments, listed in the schedule to the act, subject to the standard Westbury Saving. [7]

Section 2 of the act provided that if any repealed enactment had been applied to the Court of the County Palatine of Lancaster or other inferior civil courts, such enactment would be construed as if it were contained in a local and personal act specifically relating to that court, and would have effect accordingly. [7]

See also

Notes

  1. ↑ Section 3. Due to the repeal of this Act, it is now authorised for the United Kingdom by section 19(2) of the Interpretation Act 1978.
  2. ↑ The Acts of Parliament (Commencement) Act 1793.

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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 3 4 5 6 Ilbert, Courtenay (1901). Legislative methods and forms. Oxford: Clarendon Press. pp. 43–76. Retrieved 9 September 2024.PD-icon.svg This article incorporates text from this source, which is in the public domain .
  3. ↑ Gerald Gardiner, Baron Gardiner (5 June 1967). "Consolidation Bills". Parliamentary Debates (Hansard) . Vol. 283. Parliament of the United Kingdom: House of Lords. col. 179.
  4. ↑ "Supply—Miscellaneous Estimates". Parliamentary Debates (Hansard) . Vol. 142. Parliament of the United Kingdom: House of Commons. 2 June 1856. col. 865–880.
  5. 1 2 3 4 5 6 Parliament, Great Britain (1888). Journals of the House of Lords. Vol. 120. pp. 378, 422, 426, 431, 436, 453, 458, 462.
  6. 1 2 3 4 Commons, Great Britain House of (1888). The Journals of the House of Commons (PDF). Vol. 14. pp. 498–499, 503, 508, 514, 520, 524, 527, 533, 533. Retrieved 7 November 2024.
  7. 1 2 Britain, Great (1888). The Law Reports: The public general statutes. Incorporated Council of Law Reporting for England and Wales. pp. 427–515.
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