Statute Law Revision Act 1892

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Statute Law Revision Act 1892 [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 Enactments which have ceased to be in force or have become unnecessary.
Citation 55 & 56 Vict. c. 19
Introduced by Hardinge Giffard, 1st Baron Halsbury (Lords)
Territorial extent  United Kingdom
Dates
Royal assent 20 June 1892
Commencement 20 June 1892 [b]
Repealed19 November 1998
Other legislation
AmendsSee § Repealed acts
Repeals/revokesSee § Repealed acts
Amended by
Repealed by Statute Law (Repeals) Act 1998
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Status: Repealed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Text of statute as originally enacted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 Act 1892 (55 & 56 Vict. c. 19) was an act of the Parliament of the United Kingdom that repealed various United Kingdom enactments which had ceased to be in force or had become necessary.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

The act was the first Statute Law Revision Act to be committed to the Joint Committee for consideration of Statute Law Revision Bills, a procedure designed to increase the accuracy of such bills. [1]

Section 3 of the Statute Law Revision (No. 2) Act 1893 (56 & 57 Vict. c. 54) provided that the second schedule to that act was to be substituted for so much of this act as related to the Cambridge University Act 1856 (19 & 20 Vict. c. 88).

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 (No. 2) Act 1888 (51 & 52 Vict. c. 57) 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In the United Kingdom, acts of Parliament remain in force until expressly repealed.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. [2]

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. [1] From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts. [1] In 1816, both Houses of Parliament, passed resolutions that an eminent lawyer with 20 clerks be commissioned to make a digest of the statutes, 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. [1] 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. [1] 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. [1]

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. [1]

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
1889 Master and Servant Act 1889 52 & 53 Vict. c. 24Repealed or amended over 20 enactments related to master and servants
1888 Statute Law Revision (No. 2) Act 1888 51 & 52 Vict. c. 57Repealed or amended ? enactments
1890 Statute Law Revision Act 1890 53 & 54 Vict. c. 33Repealed or amended ? enactments
1890 Statute Law Revision (No. 2) Act 1890 53 & 54 Vict. c. 51Repealed or amended ? enactments
1891 Statute Law Revision Act 1891 54 & 55 Vict. c. 67Repealed or amended ? enactments

Passage

The Statute Law Revision Bill had its first reading in the House of Lords on 3 March 1892, presented by the Lord Chancellor, Hardinge Giffard, 1st Earl of Halsbury. [5] The bill had its second reading in the House of Lords on 14 March 1892, introduced by the Lord Chancellor. [6]

At the same time, on 14 March 1892, the topic of statute law revision was referred to a joint committee of both houses of Parliament, [5] on the motion of the Lord Chancellor. [7]

The Joint Committee on Statute Law Revision was appointed by the House of Lords on 25 March 1892, [5] and the House of Commons on 4 April 1892, [8] consisting of 10 members with a quorum of three. [5]

NamePartyCommentary
William Watson, Baron Watson Conservative
Farrer Herschell, 1st Baron Herschell Liberal
Hardinge Giffard, 1st Earl of Halsbury Conservative Lord Chancellor
Albert Parker, 3rd Earl of Morley Liberal
John Wodehouse, 1st Earl of Kimberley Liberal
William Ambrose MP Conservative
James Bryce MP Liberal
Douglas Coghill MP Liberal Unionist
Sir Horace Davey Liberal
Sir Edward Clarke MP Conservative Solicitor General
Henry Thring, 1st Baron Thring Crossbench Added on 7 April 1892 [5]
George Howell MP Liberal-Labour Added on 11 April 1892 [8]

Upon the motion of the Lord Chancellor on 13 May 1892, the bill was committed to the Joint Committee on Statute Law Revision on 17 May 1892, following agreement by the House of Commons. [5] The select committee reported on 13 June 1892, with amendments. [5] [8] [9] The committee expressing their support for the principles and objects of statute law revision and for completing the new edition of the revised edition of the statutes as soon as possible. [5] The committee supported the bill and recommended the creation of a standing joint committee to whom all Statute Law Revision Bills should be referred to be examined and approved. [5]

The amended bill was referred to a committee of the whole house, which met and reported on 14 June 1892, without amendments. [5] The amended bill had its third reading in the House of Lords on X and passed, with amendments, including those recommended by the select committee. [5]

The amended bill had its first reading in the House of Commons on 14 June 1892. [8] The bill had its second reading in the House of Commons on 15 June 1892 and was committed to a committee of the whole house, [8] which met and reported on 16 June 1892, without amendments. [8] The bill had its third reading in the House of Commons on 16 June 1892 and passed, without amendments. [8]

The bill was granted royal assent on 20 June 1892. [5]

Legacy

Following the passing of the act, the Joint Committee for consideration of Statute Law Revision Bills was established in 1892 to strengthen accuracy of future Statute Law Revision Bills. [1]

As to the effect of the act, see Morse v Muir, [10] Watkins v Reddy, [11] People (Attorney General) v Murtagh, [12] Smith v Smith, [13] Robins v Robins, [14] In re M'Naul's Estate, [15] Morrison v Stubbs [16] and Huffam v North Staffordshire Railway Company. [17]

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 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 [18] on 25 July 1991. [19]

The act was repealed for the United Kingdom by Group 1 of Part IX of Schedule 1 to the Statute Law (Repeals) Act 1998.

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, across six categories: [20] [c]

Section 1 of the act also provided that parts of titles, preambles, or recitals specified after the words "In part, namely" in connection with acts mentioned in the first schedule to the act could be omitted from any revised edition of the statutes published by authority, with brief statements about the acts, officers, persons, and things mentioned in those titles/preambles/recitals being added as necessary. [21]

Section 1 of the act provided that repeals were subject to the standard Westbury Saving. [21]

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. [21]

See also

Notes

  1. ↑ Section 3.
  2. ↑ The Acts of Parliament (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.

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References

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  2. ↑ 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.
  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 7 8 9 10 11 12 Lords, Great Britain Parliament House of (1892). Journals of the House of Lords. Vol. 124. H.M. Stationery Office. pp. 53, 67, 76, 90, 93–94, 114, 122, 128, 132, 135, 156, 159, 163, 186, 292–293, 301–302, 319, 453, 517.
  6. ↑ "Statute Law Revision Bill Hl". Parliamentary Debates (Hansard) . Vol. 2. Parliament of the United Kingdom: House of Lords. 14 March 1892. col. 729–730\.
  7. ↑ "Statute Law Revision". Parliamentary Debates (Hansard) . Vol. 2. Parliament of the United Kingdom: House of Lords. 14 March 1892. col. 730–734.
  8. 1 2 3 4 5 6 7 Commons, Great Britain House of (1892). The Journals of the House of Commons (PDF). Vol. 147. pp. 102, 129, 135, 155–156, 165, 175, 211, 248, 341, 351, 361, 386.
  9. ↑ Lords, Great Britain Parliament House of (1851). Public Bills.
  10. ↑ [1939] 2 All ER 40 at 47; (1939) 55 TLR 513 at 515
  11. ↑ [1932] P 98 at 99; (1932) 147 LT 40
  12. ↑ (1966) 102 ILTR 146 at 151
  13. ↑ [1922] P 1
  14. ↑ [1907] 2 KB 13 at 17
  15. ↑ (1902) 1 IR 114 at 125
  16. ↑ (1897) 24 SC 61 ; (1897) 34 SLR 672
  17. ↑ (1894) 71 LT 517
  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. ↑ Statute Law Revision Bill. Sessional papers. Vol. HC 1892 x (411) 97. 14 June 1892.
  21. 1 2 3 Britain, Great (1892). Law Reports: The public general acts passed in ... and the Church Assembly measures. Vol. 29. Incorporated Council of Law Reporting for England and Wales. pp. 138–267.
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