Statute Law Revision Act, 1950

14 Geo. VI. c. 6 (U.K.)

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 Revised Editions of the Statutes

[23rd May 1950]

WHEREAS it is expedient that certain enactments which may be regarded as spent, or have ceased to be in force otherwise than by express specific repeal, or have, by lapse of time or otherwise, become unnecessary, should be expressly and specifically repealed.

Be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--

1. (1) The enactments of the Parliaments of England, Great Britain, and the United Kingdom described in the First Schedule to this Act. the enactments of the Irish Parliament passed before the commencement of the Union of Ireland Act, 1800, described in the Second Schedule to this Act, and the enactment of the Church Assembly described in the Third Schedule to this Act are hereby repealed, subject to the provisions of this Act and subject to the exceptions and qualifications in the said schedules mentioned; and every part of a title, preamble, or recital specified after the words "in part, namely," in connection with an Act mentioned in the said schedules 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:

(2) As respects omission from any revised edition of the statutes published by authority of parts of titles, preambles or recitals. the preceding subsection shall not apply in relation to any Northern Ireland edition as defined in subsection (1) of section five of this Act (whereby corresponding provision for such omission is made in relation to such an edition)

2. If and so far as any enactment repealed by this Act applies or may have been by Order in Council applied to the court of the county palatine of Lancaster or to any inferior court of civil jurisdiction, such enactment shall be construed as if it were contained in a local and personal Act specially relating to such court and shall have effect accordingly.

3. (1) From any revised edition of the statutes published by authority there may be omitted enactments or words in respect of matters exclusively relating to territory within the jurisdiction of any one or more of the following, that is to say, Canada, Australia New Zealand, the Union of South Africa, India. Pakistan. Ceylon, the Republic of Ireland. Burma and, so far as relates to matters within the powers of the Parliament thereof, Northern Ireland.

(2) For the purposes of the preceding subsection, enactments relating to land purchase in Northern Ireland shall be deemed to relate to a subject within the powers of the Parliament of Northern Ireland notwithstanding that such enactments may relate to any of the matters set out in the Second Schedule to the Northern Ireland Land Purchase (Winding Up) Act, 1935.

(3) Without prejudice to any other saving contained in this Act, an omission made under the authority of this section shall not affect the construction or interpretation of any statute.

(4) The preceding provisions of this section shall not apply in relation to any Northern Ireland edition as defined in subsection (1) of section five of this Act (but without prejudice to any powers of the Parliament of Northern Ireland in relation to such an edition).

4. In this Act, unless the context otherwise requires. the expression "enactment" includes an enactment comprised in a Church Assembly Measure.

5. (1) The following provisions of this subsection shall have effect as to any revised edition of the statutes affecting Northern Ireland the publication whereof is authorised or directed by the Parliament of Northern Ireland (in this Act referred to as a "Northern Ireland edition"), for authorising measures expedient in connection with the publication of a Northern Ireland edition in so far as they require authorisation by an Act of the Parliament of the United Kingdom as affecting matters not within the powers of the Parliament Or Northern Ireland, that is to say--

(2) Without prejudice to any other saving contained in this Act, the repeal by this Act of any enactment shall not prejudice or affect the continued operation of section twenty of the Irish Church Act. 1869.

(3) The Statute Law Revision Act, 1948, so far as it repeals 13 Edw. 1 Stat. Westm. sec. c. 34, shall be deemed not to have extended to Northern Ireland.

(4) In its application to Northern Ireland this Act shall, as respects matters within the powers of the Parliament of Northern Ireland, be subject to alteration by that Parliament as if it had been an Act passed before the appointed day within the meaning of the Government of Ireland Act, 1920.

6. This Act may be cited as the Statute Law Revision Act, 1950.

FIRST SCHEDULE

Enactments of the Parliaments of England, Great Britain and the United Kingdom

Reign and
Chapter
Title
....................... .......................................................
30 & 31 Vict.: c. 3 -- Constitution Act, 1867.
In part, namely, --
Section one hundred and eighteen.
....................... .......................................................


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William F. Maton