Statute Law Revision Act 1948

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This article is about the Act of the Parliament of the United Kingdom. For the Act of the Parliament of Victoria, see Statute Law Revision Act#Victoria.
The Statute Law Revision Act 1948[1]
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
Dates
Royal Assent 30 July 1948
Commencement 30 July 1948[2]
Other legislation
Related legislation legislation.gov.uk: "Found References – UK Public General Act 1948 c. 62"
Status: Amended
Text of statute as originally enacted

The Statute Law Revision Act 1948 (11 & 12 Geo 6 c 62) is an Act of the Parliament of the United Kingdom.

Section 5(3) of the Statute Law Revision Act 1950 provided that this Act, so far as it repealed 13 Edw. 1 Stat. West. sec. c 34., was to be deemed not to have extended to Northern Ireland.

Section 1: Enactments in schedule repealed[edit]

This section provided, amongst other things, that the enactments described in Schedule 1 to this Act were repealed, subject to the provisions of this Act and subject to the exceptions and qualifications in that Schedule.

This section was repealed by Group 1 of Part XVI of Schedule 1 to the Statute Law (Repeals) Act 1993.

The enactments which were repealed (whether for the whole or any part of the United Kingdom) by this Act were repealed so far as they extended to the Isle of Man[3] on 25 July 1991.[4]

Section 2: Application of repealed enactments in local courts[edit]

The words "to the court of the county palatine of Lancaster or" in this section were repealed by section 56(4) of, and Part II of Schedule 11 to, the Courts Act 1971. This section was repealed by section 32(4) of, and Part V of Schedule 5 to, the Administration of Justice Act 1977.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[edit]

Sections 3(1)(c) to (f) were repealed by Group 1 of Part XVI of Schedule 1 the Statute Law (Repeals) Act 1993.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".[5]

Section 4: General repeal of obsolete or unnecessary words[edit]

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[edit]

Section 5 and Schedule 2 authorised the citation of 158 earlier Acts by short titles.[6] The Acts to which short titles were given were passed between 1236 and 1860.[7]

In 1995, the Law Commission and the Scottish Law Commission recommended that section 5 and Schedule 2 be repealed.[8]

Section 5 and Schedule 2 were repealed by section 1(1) of, and Part IV of Schedule 1 to, the Statute Law (Repeals) Act 1995.

Section 6: Short title and extent[edit]

Section 6(2) was repealed by section 41(1) of, and Part I of Schedule 6 to, the Northern Ireland Constitution Act 1973.

Schedule 1[edit]

This Schedule was repealed by section 1 of, and Schedule 1 to, the Statute Law Revision Act 1950.

See also[edit]

References[edit]

  1. ^ The citation of this Act by this short title is authorised by section 6(1) of this Act.
  2. ^ The Acts of Parliament (Commencement) Act 1793
  3. ^ The Statute Law Revision (Isle of Man) Act 1991, sections 1(1) and 2(2) and Schedule 1
  4. ^ The Interpretation Act 1978, section 4(b)
  5. ^ 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. Available at [1].
  6. ^ 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. Available at [2].
  7. ^ Halsbury's Statutes. Fourth Edition. 2008 Reissue. Volume 41. Page 705.
  8. ^ 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. Available at [3].

External links[edit]