Statute Law Revision Act

Statute Law Revision Act is a stock short title which was formerly used in the United Kingdom, and is still used in Australia, Canada and in the Republic of Ireland, for legislation whose purpose is statute law revision. Such Acts normally repealed legislation which was either obsolete in the sense of being no longer relevant, or spent in the sense of having ceased to be in force otherwise than by virtue of formal repeal (for example because the Act was only in force for a particular time or purpose which has expired). In the United Kingdom, the short title Statute Law (Repeals) Act is now used instead. "Statute Law Revision Acts" may collectively refer to enactments with this short title.

The single biggest Statute Law Revision Act in any jurisdiction was the Statute Law Revision Act 2007 enacted in Ireland which repealed 3,225 previous Acts. The Statute Law Revision programme commenced in Ireland in 2003 which has resulted in four Statute Law Revision Acts to date (see below) and the express repeal of a total of around 8,000 Acts is the largest statute law revision programme carried out internationally.[1]

Statute Law Revision Acts are sometimes referred to as expurgation Acts.[2]

United Kingdom

Statute Law Revision Bills must be referred to the Joint Committee on Consolidation etc. Bills.[3][4] The scope of Statute Law Revision Bills is confined to the repeal of obsolete, spent, unnecessary or superseded enactments.[5]

Halsbury's Laws said that Statute Law Revision Acts are law reform Acts.[6]

The Statute Law Committee prepared the Bills for Statute Law Revision Acts up to, and including, the Statute Law Revision Act 1966.[7]

The following list includes any Act the short title of which includes the words "statute law revision", without prejudice to suggestions that some of these Acts are not actually Statute Law Revision Acts.

Courtenay Ilbert said that the 19 & 20 Vict c 64 was the first Statute Law Revision Act.[8]

The Promissory Oaths Act 1871 (34 & 35 Vict c 48), the Civil Procedure Acts Repeal Act 1879 (42 & 43 Vict c 59) and the Master and Servant Act 1889 (52 & 53 Vict c 24) were expressed by their preambles to be passed for the purpose of statute law revision.

Scotland

Ireland (Pre-1922)

(also see Republic of Ireland below)

Northern Ireland

The Statute Law Revision Acts (Northern Ireland) 1952 and 1953 means the Statute Law Revision Act (Northern Ireland) 1952 and the Statute Law Revision Act (Northern Ireland) 1953.[9]

The Statute Law Revision Acts (Northern Ireland) 1952 to 1954 means the Statute Law Revision Acts (Northern Ireland) 1952 and 1953, and the Statute Law Revision Act (Northern Ireland) 1954.[10]

The Short Titles Act (Northern Ireland) 1951 and the Repeal of Unnecessary Laws Act (Northern Ireland) 1953 also contribute to the revision of the statute book in Northern Ireland.[11]

Isle of Man

The following Act of the Parliament of the United Kingdom repealed enactments extending to the Isle of Man:

Republic of Ireland

Pre-2005

Enacted since 2005 as part of the current Statute Law Revision Programme

The following statutes have been enacted under the current Statute Law Revision Programme:

Australia

Federal legislation

Australian Capital Territory

New South Wales

Northern Territory

South Australia

Tasmania

Victoria

Statute Law Revision Committee Act

Western Australia

See also

References

  1. ↑ See http://www.irishexaminerusa.com/mt/2008/05/07/taoiseach_announces_major_bill.html
  2. ↑ Abbott, Austin. "Legal Reform in England" (1870) 1 Albany Law Journal 509. Courtenay Ilbert applied the term expurgatory Act both to Statute Law Revision Acts and also to Acts which, although they consisted almost entirely of repeals, did not come within the narrow lines laid down for the Statute Law Revision Acts, because they contained substantive enactments. Examples included the Promissory Oaths Act 1871, the Statute Law Revision and Civil Procedure Act 1881, the Statute Law Revision and Civil Procedure Act 1883 and the Summary Jurisdiction Act 1884: Legislative Methods and Forms. Oxford. 1901. Reprinted by the Lawbook Exchange Ltd. 2008. Page 62 from Google Books.
  3. ↑ HL Standing Orders (2010) (Public Business), No 51(2)
  4. ↑ HC Standing Orders (2011) (Public Business) No 140(1)(b)
  5. ↑ Michael Bedford (editor). Dod's Parliamentary Companion 1998. 179th Edition. Vacher Dod Publishing Limited. 1998. ISBN 0-905702-26-3. Page 484.
  6. ↑ Halsbury's Laws of England. Fourth Edition. Reissue. Butterworths. London. 1995. Volume 44(1). Paragraph 1224 at page 722.
  7. ↑ Halsbury's Statutes. Fourth Edition. 2008 Reissue. Volume 41. Page 691.
  8. ↑ Ilbert, C P. Legislative Methods and Forms. Oxford. 1901. Reprinted by the Lawbook Exchange Ltd. 2008. Page 57. Digitised copy from Google Books.
  9. ↑ The Statute Law Revision Act (Northern Ireland) 1953, section 3(2)
  10. ↑ The Statute Law Revision Act (Northern Ireland) 1954, section 2(2)
  11. ↑ (1953-1954) 19-20 Irish Jurist and Irish Jurist Reports 14 and 61
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