Statute Law Revision Act 1948
|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 and for facilitating the publication of a Revised Edition of the Statutes and the Citation of Statutes.|
|Chapter||11 & 12 Geo 6 c 62|
|Royal Assent||30 July 1948|
|Commencement||30 July 1948|
- 1 Section 1 - Enactments in schedule repealed
- 2 Section 2 - Application of repealed enactments in local courts
- 3 Section 3 - Omissions
- 4 Section 4 - General repeal of obsolete or unnecessary words
- 5 Section 5 - Citation of Acts
- 6 Section 6 - Short title and extent
- 7 Schedule 1
- 8 See also
- 9 References
- 10 External links
Section 1 - Enactments in schedule repealed
This section provided, amongst other things, that the enactments described in Schedule 1 to this Act were repealed, subject to the provisions of this Act and subject to the exceptions and qualifications in that Schedule.
Section 2 - Application of repealed enactments in local courts
The words "to the court of the county palatine of Lancaster or" in this section were repealed by section 56(4) of, and Part II of Schedule 11 to, the Courts Act 1971. This section was repealed by section 32(4) of, and Part V of Schedule 5 to, the Administration of Justice Act 1977.
Section 3 - Omissions
Sections 3(1)(c) to (f) were repealed by Group 1 of Part XVI of Schedule 1 the Statute Law (Repeals) Act 1993.
In a report dated 6 April 1993, the Law Commission and the Scottish Law Commission said that sections 3(1)(c) to (f) and 4 "provided in general terms for the repeal of or omission of various recurrent words relating to obsolete civil procedure (which occurred mainly in now obsolete statutory provisions for the recovery of penalties by common informers), to Scottish stewartries (which occurred mainly in obsolete definitions of "sheriff" or "county") and to self-governing Dominions of the Old Commonwealth". The provision relating to Scottish stewartries had been intended to give effect to section 7 of the Interpretation Act 1889 which had been repealed as obsolete by the Interpretation Act 1978. They said that the "utility of these provisions proved to be marginal and in practice they were little used" and that they were "spent or unnecessary now".
Section 4 - General repeal of obsolete or unnecessary words
This section repealed-
- (a) words barring the allowance in any action or proceeding of any essoin or privilege or protection or wager of law or imparlance or of bail or mainprise or benefit of clergy; and
- (b) the words “that part of Britain called” or “that part of the United Kingdom called,” or words to the like effect, where used before the words “England”, “Scotland” or “Ireland.”
It was repealed by Group 1 of Part XVI of Schedule 1 the Statute Law (Repeals) Act 1993.
Section 5 - Citation of Acts
In 1995, the Law Commission and the Scottish Law Commission recommended that section 5 and Schedule 2 be repealed.
Section 6 - Short title and extent
This Schedule was repealed by section 1 of, and Schedule 1 to, the Statute Law Revision Act 1950.
- Halsbury's Statutes. Fourth Edition. 2008 Reissue. Volume 41. Page 755.
- The Public General Acts and the Church Assembly Measures of 1948. HMSO. 1948. Volume II.
- HL Deb vol 155, cols 1135 to 1136, vol 156, cols 756 to 761, 926 to 927 and 1083 to 1084, vol 157, cols 14  , 179, 380, 576 and 1272, HC Deb vol 450, col 197W, vol 452, col 879 to 880, vol 453, cols 1650 to 1659.
- The citation of this Act by this short title is authorised by section 6(1) of this Act.
- The Acts of Parliament (Commencement) Act 1793
- The Statute Law Revision (Isle of Man) Act 1991, sections 1(1) and 2(2) and Schedule 1
- The Interpretation Act 1978, section 4(b)
- The Law Commission and the Scottish Law Commission. Statute Law Revision: Fourteenth Report. Draft Statute Law (Repeals) Bill. Law Com 211. Scot Law Com 140. Cm 2176. HMSO. London. April 1993. Page 198.
- The Law Commission and the Scottish Law Commission. Statute Law Revision: Fifteenth Report, Draft Statute Law Repeals Bill. Law Com 233. Scot Law Com 150. Cm 2784. HMSO. Paragraph 4.1 at page 76.
- Halsbury's Statutes. Fourth Edition. 2008 Reissue. Volume 41. Page 705.
- The Law Commission and the Scottish Law Commission. Statute Law Revision: Fifteenth Report, Draft Statute Law Repeals Bill. Law Com 233. Scot Law Com 150. Cm 2784. HMSO. March 1995. Pages 40 and 77.
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