Statute Law Revision (Substituted Enactments) Act 1876

Statute Law Revision (Substituted Enactments) Act 1876[a]
Act of Parliament
Parliament of the United Kingdom
Long titleAn Act to facilitate the Revision of the Statute Law by substituting in certain Acts, incorporating Enactments which have been otherwise repealed, a reference to recent Enactments still in force.
Citation39 & 40 Vict. c. 20
Introduced byHugh Cairns, 1st Baron Cairns (Lords)
Territorial extent United Kingdom
Dates
Royal assent27 June 1876
Commencement27 June 1876[b]
Repealed5 November 1993
Other legislation
Amends
Amended by
Repealed byStatute Law (Repeals) Act 1993
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Status: Repealed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Text of statute as originally enacted
Revised text of statute as amended

The Statute Law Revision (Substituted Enactments) Act 1876 (39 & 40 Vict. c. 20) was an act of the Parliament of the United Kingdom that substituted references of repealed enactments in various acts with references to non repealed enactments.

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In the United Kingdom, acts of Parliament remain in force until expressly repealed.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

Title Citation Effect
1861 Statute Law Revision Act 1861 24 & 25 Vict. c. 101 Repealed or amended over 800 enactments
1863 Statute Law Revision Act 1863 26 & 27 Vict. c. 125 Repealed or amended over 1,600 enactments for England and Wales
1867 Statute Law Revision Act 1867 30 & 31 Vict. c. 59 Repealed or amended over 1,380 enactments
1870 Statute Law Revision Act 1870 33 & 34 Vict. c. 69 Repealed or amended over 250 enactments
1871 Promissory Oaths Act 1871 34 & 35 Vict. c. 48 Repealed or amended almost 200 enactments
1871 Statute Law Revision Act 1871 34 & 35 Vict. c. 116 Repealed or amended over 1,060 enactments
1872 Statute Law Revision Act 1872 35 & 36 Vict. c. 63 Repealed or amended almost 490 enactments
1872 Statute Law (Ireland) Revision Act 1872 35 & 36 Vict. c. 98 Repealed or amended over 1,050 enactments
1872 Statute Law Revision Act 1872 (No. 2) 35 & 36 Vict. c. 97 Repealed or amended almost 260 enactments
1873 Statute Law Revision Act 1873 36 & 37 Vict. c. 91 Repealed or amended 1,225 enactments
1874 Statute Law Revision Act 1874 37 & 38 Vict. c. 35 Repealed or amended over 490 enactments
1874 Statute Law Revision Act 1874 (No. 2) 37 & 38 Vict. c. 96 Repealed or amended almost 470 enactments
1875 Statute Law Revision Act 1875 38 & 39 Vict. c. 66 Repealed or amended over 1,400 enactments

Passage

The bill had its first reading in the House of Lords on 11 May 1876, presented by the Lord Chancellor, Hugh Cairns, 1st Baron Cairns.[5] The bill had its second reading in the House of Lords on 15 May 1876 and was committed to a committee of the whole house,[5] which met on 22 May 1876 and reported on 23 May 1876, with amendments.[5] The amended Bill had its third reading in the House of Lords on 16 May 1876 and passed, without amendments.[5]

The bill had its first reading in the House of Commons on 2 June 1876.[6] The bill had its second reading in the House of Commons on 15 June 1876 and was committed to a committee of the whole house,[6] which met and reported on 16 June 1876, without amendments.[6] The bill had its third reading in the House of Commons on 19 June 1876 and passed, without amendments.[6]

The bill was granted royal assent on 27 June 1876.[5]

Provisions

Section 1

Section 1 of the act substituted the Summary Jurisdiction Act 1857 (20 & 21 Vict. c. 43) for the repealed act Malicious Injuries to Property (England) Act 1827 (7 & 8 Geo. 4). c. 30 in certain sections of the Inclosure Acts, including:[7]

Immediately before its repeal, this section read:

... Any offence under section ten of the Inclosure Act 1848[c] and under section ten of the Inclosure Act 1849[d] and under section thirty-three of the Inclosure Act 1852[e] shall be deemed to be an offence punishable on summary conviction under the Summary Jurisdiction ... Acts ... : Provided ... that any information in relation to any such offence as is mentioned in this section shall be heard, tried, determined, and adjudged before two justices.[8]

The words at the beginning were repealed by the Statute Law Revision Act 1883 (46 & 47 Vict. c. 39). The words in the second and third places were repealed by the Statute Law Revision Act 1894 (57 & 58 Vict. c. 56). The words in the last place were repealed by section 46(2) of, and Part III of Schedule 7 to, the Justices of the Peace Act 1949.

Section 2

Section 2 of the act repealed part of section 2 of the Portuguese Deserters Act 1849 (12 & 13 Vict. c. 25), providing that the penalty for the offence shall be "recovered, paid, and applied in the same manner as a penalty for harbouring or secreting any seaman deserting from a British ship is for the time being recoverable, payable, and applicable".[7]

The first paragraph of this section was repealed by the Statute Law Revision Act 1883 (46 & 47 Vict. c. 39).

This section was repealed by the Statute Law Revision Act 1950 (14 Geo. 6. c. 6).

Section 3

Section 3 of the act repealed part of section 7 of the Municipal Corporation Mortgages, &c. Act 1860 (23 & 24 Vict. c. 16) as provides for misdemeanours under the repealed Punishment of Frauds Act 1857 (20 & 21 Vict. c. 54), substituting the punishment with section 75 the Larceny Act 1861 (24 & 25 Vict. c. 96).[7]

This section was repealed as to England and Wales and by section 48(1) of, and the Schedule to, the Larceny Act 1916 (6 & 7 Geo. 5. c. 50).

Section 4

Section 4 of the act repealed part of section 23 of the Criminal Justice Act 1855 (18 & 19 Vict. c. 126) as provides for the definition of "property" by reference to the repealed Larceny Act 1827 (7 & 8 Geo. 4), substituting it with the definition of "property" in the Larceny Act 1861 (24 & 25 Vict. c. 96).[7]

The first paragraph of this section was repealed by the Statute Law Revision Act 1883 (46 & 47 Vict. c. 39).

This section was repealed by section 33(3) of, and Part II of Schedule 3 to, the Theft Act 1968.

Section 5

Section 5 of the act repealed part of section 10 of the Prevention of Crimes Act 1871 (34 & 35 Vict. c. 112) as provides "any person convicted under that section shall have a right to appeal against such conviction in the manner in all respects as if the said conviction had been for an offence committed against" the partly repealed Alehouse Act 1828 (9 Geo. 4), substituting the right of appeal with "the same manner in all respects as a person who feels aggrieved by a conviction made by a court of summary jurisdiction under" the Licensing Act 1872 (35 & 36 Vict. c. 94).[7]

The first paragraph of this section was repealed by the Statute Law Revision Act 1883 (46 & 47 Vict. c. 39).

This section was repealed by Part IX of the Schedule to the Statute Law (Repeals) Act 1971.

Section 6

Section 6 of the act provided that nothing in the act affects:[7]

  1. "Anything done or suffered."
  2. "Any penalty, forfeiture or punishment incurred or to be incurred in respect of any offence repealed."
  3. "Institution of any investigation or legal proceeding for enforcing or recovering any such penalty, forfeiture, or punishment as aforesaid, and such investigation or legal proceeding may be carried on as if this Act has not passed".

This section was repealed by the Statute Law Revision Act 1883 (46 & 47 Vict. c. 39).

Section 7

Section 7 of the act provided that the acts cited in the body of the act were defined in the schedule to the act.

This section was repealed by the Statute Law Revision Act 1894 (57 & 58 Vict. c. 56).

Section 8

Section 8 of the act provided that the act may be cited as "The Statute Law Revision (Substituted Enactments) Act, 1876".

Schedule

The schedule was repealed by the Statute Law Revision Act 1894 (57 & 58 Vict. c. 56).

Legacy

The act was repealed on 5 November 1993 by section 1(1) of, and Part IV of Schedule 1 to, the Statute Law (Repeals) Act 1993.

The act was repealed for Northern Ireland by section 13 of, and Schedule 2 to, the Criminal Injuries to Persons (Compensation) Act (Northern Ireland) 1968 (c 9) (NI).

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.

See also

Notes

  1. ^ Section 8. Due to the repeal of this Act, it is now authorised by section 19(2) of the Interpretation Act 1978.
  2. ^ The Acts of Parliament (Commencement) Act 1793.
  3. ^ 11 & 12 Vict. c. 99
  4. ^ 12 & 13 Vict. c. 7
  5. ^ 15 & 16 Vict. c. 79

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. ^ a b c d e f Ilbert, Courtenay (1901). Legislative methods and forms. Oxford: Clarendon Press. pp. 43–76. Retrieved 9 September 2024. Public Domain 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. ^ a b c d e Lords, Great Britain Parliament House of (1854). Journals of the House of Lords. Vol. 108. H.M. Stationery Office. pp. 165, 175, 178, 187, 194, 208, 254, 505.
  6. ^ a b c d Commons, Great Britain House of (1876). The Journals of the House of Commons (PDF). Vol. 131. pp. 229, 242, 246, 249, 255, 258, 263, 266, 270, 287. Retrieved 29 October 2024.
  7. ^ a b c d e f "The" Public General Acts: Passed in the ... Years of the Reign of ... Being the ... Session of the ... Parliament of the United Kingdom of Great Britain and Northern Ireland and the Church Assembly Measures. Law Journal Reports. 1876.
  8. ^ Digitised copy from Legislation.gov.uk
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