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Statute Law Revision Act 1872 (No. 2)

The Statute Law Revision Act 1872 (No. 2), also known as the Statute Law Revision (No. 2) Act 1872, (35 & 36 Vict. c. 97) is an act of the Parliament of the United Kingdom that repealed for the United Kingdom enactments from 1807 to 1810 which had ceased to be in force or had become necessary. The act was intended, in particular, to facilitate the preparation of the revised edition of the statutes, then in progress.

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In the United Kingdom, acts of Parliament remain in force until expressly repealed.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

From 1810 to 1825, the The Statutes of the Realm was published, providing the first authoritative collection of acts. The first statute law revision act was not passed until 1856 with the Repeal of Obsolete Statutes Act 1856 (19 & 20 Vict. c. 64). This approach — focusing on removing obsolete laws from the statute book followed by consolidation — was proposed by Peter Locke King MP, who had been highly critical of previous commissions' approaches, expenditures, and lack of results.

Passage

The Statute Law Revision (No. 2) Bill had its first reading in the House of Lords on 16 July 1872, introduced by the Lord Chancellor, William Wood, 1st Baron Hatherley. The bill had its second reading in the House of Lords on 22 July 1872 and was committed to a committee of the whole house, which met and reported on 23 July 1872, without amendments. The bill had its third reading in the House of Lords on 25 July 1872 and passed, without amendments.

The bill had its first reading in the House of Commons on 1 August 1872, second reading in the House of Commons on 5 August 1872, and was committed to a committee of the whole house, which met and reported on 6 August 1872, without amendments. The bill had its third reading in the House of Commons on 7 August 1872 and passed, without amendments.

The bill was granted royal assent on 10 August 1872.

Legacy

The act intended, in particular, to facilitate the preparation of the revised edition of the statutes then in progress.

The Schedule to the act was repealed by the Statute Law Revision Act 1894 (57 & 58 Vict.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

The enactments which were repealed (whether for the whole or any part of the United Kingdom) by the act were repealed so far as they extended to the Isle of Man on 25 July 1991.

The act was repealed for the United Kingdom by Group 1 of Part IX of Schedule 1 to the Statute Law (Repeals) Act 1998.

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.

Repealed enactments

Section 1 of the act repealed 274 enactments, listed in the schedule to the act, across six categories:

  • Expired
  • Spent
  • Repealed in general terms
  • Virtually repealed
  • Superseded
  • Obsolete

Section 1 of the act included several safeguards to ensure that the repeal does not negatively affect existing rights or ongoing legal matters. Specifically, any legal rights, privileges, or remedies already obtained under the repealed laws, as well as any legal proceedings or principles established by them, remain unaffected. Section 1 of the act also ensured that repealed enactments that have been incorporated into other laws would continue to have legal effect in those contexts. Moreover, the repeal would not revive any former rights, offices, or jurisdictions that had already been abolished.

See also

Notes

References

External links