Statute Law Revision Act

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Statute Law Revision Act is a stock short title which was formerly used in the United Kingdom, and is still used in Australia, Canada[citation needed] 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 Such Acts normally repealed legislation which was either obsolete in the sense of being no longer relevant, or spent in the sense of having ceased to be in force otherwise than by virtue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biggest Statute Law Revision Act in any jurisdiction was the Statute Law Revision Act 2007 enacted in Ireland which repealed 3,225 previous Acts.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 six 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[]

Under the standing orders of both Houses of Parliament, Statute Law Revision Bills must be referred to the Joint Committee on Consolidation Bills.[3][4] The scope of Statute Law Revision Bills is confined to the repeal of obsolete, spent, unnecessary or superseded enactments.[5]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 says 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 Repeal of Obsolete Statutes Act 1856 (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 (before 1922)[]

See also: § Republic of Ireland

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 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 between 2005 and 2016 as part of the Statute Law Revision Programme[]

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

Australia[]

Federal legislation[]

  • The Statute Law Revision Act 1974 (No 20) [1]ComLaw
  • The Statute Law Revision Act 1981 (No 61) [2]
  • The Statute Law Revision Act 1996 (No 43) [3][4]ComLaw
  • The Statute Law Revision Act 2002 (No 63) [5][6]ComLaw
  • The Statute Law Revision Act 2005 (No 100) [7]
  • The Statute Law Revision Act 2006 (No 9) [8][9]ComLaw
  • The Statute Law Revision Act 2007 (No 8) [10][11]ComLaw
  • The Statute Law Revision Act 2008 (No 73) [12]
  • The Statute Law Revision Act 2010 (No 8) [13]
  • The Statute Law Revision Act 2011 (No 5) [14]

Australian Capital Territory[]

  • The Statute Law Revision (Miscellaneous Provisions) Act 1992 (No 23) [15]
  • The Statute Law Revision (Miscellaneous Provisions) Act 1993 (No 1) [16]
  • The Statute Law Revision Act 1994 (No 26) [17]
  • The Statute Law Revision Act 1995 (No 46) [18]
  • The Statute Law Revision (Penalties) Act 1994 (No 81) [19]
  • The Statute Law Revision (Penalties) Act 1998 (No 54) [20]

New South Wales[]

  • The Statute Law Revision Act 1898 (No 28) [21]
  • The Statute Law Revision Act 1924 (No 34) [22]
  • The Statute Law Revision Act 1937 (No 35) [23]
  • The Statute Law Revision Act 1976 (No 63) [24]
  • The Statute Law Revision (Local Government) Act 1995 (No 11) [25]

Northern Territory[]

  • The Statute Law Revision Act 2005 (No 44) [26]
  • The Statute Law Revision Act 2007 (No 4) [27]
  • The Statute Law Revision Act 2008 (No 6) [28]
  • The Statute Law Revision Act 2009 (No 25) [29]
  • The Statute Law Revision Act 2010 (No 29) [30]
  • The Statute Law Revision Act 2011 (No 30) [31]

South Australia[]

  • The Statute Law Revision Act 2003 (No 44) [32]
  • The Statute Law Revision Act 2008 (No 9) [33]

Tasmania[]

  • The Statute Law Revision (Penalties) Act 1995 (No 35) [34]
  • The Statute Law Revision (Repeals) Act 2000 (No 27) [35]
  • The Statute Law Revision Act 2003 (No 9) [36]

Victoria[]

  • The Statute Law Revision Act 1891 (No 1236) [37]
  • The Statute Law Revision Act 1893 (No 1348) [38]
  • The Statute Law Revision Act 1916 (No 2875) [39]
  • The Statute Law Revision Act 1929 (No 3816) [40]
  • The Statute Law Revision Act 1930 (No 3943) [41]
  • The Statute Law Revision Act 1933 (No 4191) [42]
  • The Statute Law Revision Act 1934 (No 4264) [43]
  • The Statute Law Revision Act 1937 (No 4485) [44]
  • The Statute Law Revision Act 1939 (No 4636) [45]
  • The Statute Law Revision Act 1940 (No 4726) [46]
  • The Statute Law Revision Act 1941 (No 4840) [47]
  • The Statute Law Revision Act 1947 (No 5217) [48]
  • The Statute Law Revision Act 1948 (No 5331) [49]
  • The Statute Law Revision Act 1951 (No 5602) [50]
  • The Statute Law Revision Act 1953 (No 5753) [51]
  • The Statute Law Revision Act 1955 (No 5896) [52]
  • The Statute Law Revision Act 1957 (No 6112) [53]
  • The Statute Law Revision Act 1959 (No 6547) [54]
  • The Statute Law Revision Act 1960 (No 6716) [55]
  • The Statute Law Revision Act 1961 (No 6759) [56]
  • The Statute Law Revision Act 1962 (No 6867) [57]
  • The Statute Law (Further Revision) Act 1962 (No 6961) [58]
  • The Statute Law Revision Act 1963 (No 7065) [59]
  • The Statute Law Revision Act 1964 (No 7142) [60]
  • The Statute Law Revision Act 1965 (No 7332) [61]
  • The Statute Law Revision Act 1971 (No 8181) [62]
  • The Statute Law Revision Act 1977 (No 9059) [63]
  • The Statute Law Revision Act 1980 (No 9427) [64]
  • The Statute Law Revision Act 1981 (No 9549) [65]
  • The Statute Law Revision (Repeals) Act 1982 (No 9863) [66]
  • The Statute Law Revision Act 1983 (No 9902) [67]
  • The Statute Law Revision Act 1984 (No 10087) [68]
  • The Statute Law Revision Act 1995 (No 11) [69]
  • The Statute Law Revision Act 2005 (No 10) [70]
  • The Statute Law Revision Act 2007 (No 28) [71]
  • The Statute Law Revision Act 2011 (No 29) [72]

Statute Law Revision Committee Act

  • The Statute Law Revision Committee Act 1916 (No 2876) [73]
  • The Statute Law Revision Committee Act 1948 (No 5285) [74]
  • The Statute Law Revision Committee (Amendment) Act 1953 (No 5737) [75]
  • The Statute Law Revision Committee (Amendment) Act 1955 (No 5855) [76]

Western Australia[]

  • The Statute Law Revision Act 2006 (No 37) [77]

The Westbury saving[]

The Westbury saving, named for its proponent Lord Westbury, was an increasingly complex saving provision that was included in all Statute Law Revision Acts from 1861 until 1953, and which reached its final standardised form in the Statute Law Revision (No. 2) Act 1888.[12] The reason for its inclusion was as a precautionary measure, intended to prevent any substantive changes to the law arising out of any repeals and to confine the Acts to the administrative function of clearing dead wood from the statute book.[13][14] As well as explicitly preventing any repeal from affecting the interpretation of any statute still in force, it also retained any right, benefit, claim, liability, principle of law and court jurisdiction that had previously arisen under a repealed Act.[14] This was much broader than the general saving provisions that had been introduced in 1850 that applied to all repeals.[15]

The enactments described in the schedule to this Act are hereby repealed, subject to the provisions of this Act and subject to the exceptions and qualifications in the said schedule mentioned ; and every part of a title, preamble, or recital specified after the words "iin part, namely," in connexion with an Act mentioned in the said schedule may be omitted from any revised edition of the statutes published by authority after the passing of this Act, and there may be added in the said edition such brief statement of the Acts, officers, persons, and things mentioned in the title, preamble, or recital, as may in consequence of such omission appear necessary:

Provided as follows:—
The repeal of any words or expressions of enactment described in the said schedule shall not affect the binding force, operation, or construction of any statute, or of any part of a statute, whether as respects the past or the future;
and where any enactment not comprised in the said schedule has been repealed, confirmed, revived, or perpetuated by any enactment hereby repealed, such repeal, confirmation, revivor, or perpetuation shall not be affected by the repeal effected by this Act;
and the repeal by this Act of any enactment or schedule shall not affect any enactment in which such enactment or schedule has been applied, incorporated, or referred to;
nor shall such repeal of any enactment affect any right to any hereditary revenues of the Crown, or affect any charges thereupon or prevent any such enactment from being put in force for the collection of any such revenues, or otherwise in relation thereto;
and this Act shall not affect the validity, invalidity, effect, or consequences of anything already done or suffered,—or any existing status or capacity,—or any right, title, obligation, or liability, already acquired, accrued, or incurred, or any remedy or proceeding in respect thereof,—or any release or discharge of or from any debt, penalty, obligation, liability, claim, or demand,—or any indemnity,—or the proof of any past act or thing;
nor shall this Act affect any principle or rule of law or equity, or established jurisdiction, form or course of pleading, practice, or procedure, or the general or public nature of any statute, or any existing usage, franchise, liberty, custom, privilege, restriction, exemption, office, appointment, payment, allowance, emolument, or benefit, or any prospective right, notwithstanding that the same respectively may have been in any manner affirmed, recognised, or derived by, in, or from any enactment hereby repealed;
nor shall this Act revive or restore any jurisdiction, office, duty, drawback, fee, payment, franchise, liberty, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure, form of punishment, or other matter or thing not now existing or in force;
and this Act shall not extend to repeal any enactment so far as the same may be in force in any part of His Majesty's dominions out of the United Kingdom, except where otherwise expressed in the said schedule.
— Statute Law Revision Act 1908 (8 Edw 7 c. 49) s. 1

Although the Interpretation Act 1889 greatly expanded the 1850 general saving provision,[16] the Westbury saving continued to be inserted into Statute Law Revision Acts, as the 1889 Act did not provide that any principle of law or court jurisdiction arising under an Act would be retained on its repeal. However, the Westbury saving's complexity and wide reach gave it a reputation for making the law uncertain[17] and inaccessible (due to the fact that the repealed provisions would not be included in any revised edition of the statutes).[18] As a result, it was not included in any Act after the Statute Law Revision Act 1953, as any extension beyond the provisions of the 1889 Act was considered undesirable.[18]

Although the 1889 Act has now been repealed, its general saving provision has been incorporated into the Interpretation Act 1978.[19]

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) 1 509. 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. (1901). Legislative Methods and Forms. Oxford. Reprinted by the Lawbook Exchange Ltd. p. 57. Via 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
  12. ^ Law Commission and Scottish Law Commission. (May 1998). "Statute Law Revision: Sixteenth Report, Draft Statute Law (Repeals) Bill". (Law Com No 252; Scot Law Com No 166; Cm 3939) app. 2 sch. 1 para. 9.2.
  13. ^ House of Lords. (13 July 1863). "Statute Law Revision. A Bill intituled An Act for promoting the Revision of the Statute Law by repealing certain Enactments which have ceased to be in force or have become unnecessary." (Bill 233) p. 6.
  14. ^ Jump up to: a b McDermott, Peter M. (1 October 1988). "Statute Law Revision Statutes—Westbury Savings". Statute Law Review. 9 (3): 139–145. doi:10.1093/slr/9.3.139.
  15. ^ Interpretation Act 1850 (13 & 14 Vict c. 21) ss. 5-6.
  16. ^ Interpretation Act 1889 (52 & 53 Vict c. 63) s. 38.
  17. ^ Winfield v Boothroyd (1886) 54 LT 574
  18. ^ Jump up to: a b House of Lords and House of Commons. (21 May 1958). "Seventh Report by the Joint Committee of the House of Lords and of the House of Commons appointed to consider all Consolidation Bills (including Bills for consolidating Private Acts), Statute Law Revision Bills and Bills presented under the Consolidation of Enactments (Procedure) Act, 1949, in the Present Session being a report upon the Statute Law Revision Bill (H.L.) together with proceedings of the committee and minutes of evidence". (H.L. 5-VI; 108-I, H.C. 209-I) pp. 2-3.
  19. ^ Interpretation Act 1978 (1978 c. 30) s. 16.
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