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Statute Law (Repeals) Act 2004

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Statute Law (Repeals) Act 2004

2004 CHAPTER 14

An Act to promote the reform of the statute law by the repeal, in accordance with recommendations of the Law Commission and the Scottish Law Commission, of certain enactments which (except in so far as their effect is preserved) are no longer of practical utility, and to make other provision in connection with the repeal of those enactments.

[22nd July 2004]

Be it enacted by the Queen'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:—

S-1 Repeals and associated provisions

1 Repeals and associated provisions

(1) The enactments referred to in Schedule 1 are repealed, and the instruments referred to there are revoked, to the extent specified in the second column of that Schedule.

(2) Schedule 2 (consequential and connected provisions) has effect.

(3) In determining for the purposes of section 1 of the Regulatory Reform Act 2001 (c. 6) (power by order to make provision reforming law which imposes burdens) whether any provision of an Act falls within subsection (4)(a) of that section (provision amended by an Act within previous two years), the effect of this Act is to be disregarded.

S-2 Extent

2 Extent

(1) This Act extends to Northern Ireland.

(2) This Act also extends to the Isle of Man.

(3) Her Majesty may by Order in Council provide—

(a) that the repeal by this Act of any enactment specified in the Order shall on a date so specified extend to any of the Channel Islands or any British overseas territory, and

(b) that any provision of Schedule 2 specified in the Order shall on a date so specified extend to any of the Channel Islands or any British overseas territory subject to any modification so specified.

(4) Except as provided by an order under subsection (3), this Act does not repeal or amend any enactment so far as the enactment forms part of the law of a country outside the United Kingdom and the Isle of Man.

(5) Subsections (3) and (4) apply to revocation of the whole or part of an instrument as they apply to repeal of an enactment.

S-3 Short title

3 Short title

This Act may be cited as theStatute Law (Repeals) Act 2004.

S C H E D U L E S

SCHEDULE 1

Repeals

1 Administration of Justice

Part 1

Administration of Justice

Reference

group 1 - judicial committee of the privy council

Reference

Extent of repeal or revocation

Judicial Committee Act 1833 (3 & 4 Will. 4 c. 41)

Section 14.

Section 23.

In section 24, the words from ‘said Courts’ to ‘any other’ and from ‘in India’ to ‘Good Hope’.

Court of Chancery Act 1851 (14 & 15 Vict. c. 83)

The whole Act.

Judicial Committee Amendment Act 1895 (58 & 59 Vict. c. 44)

In the Schedule, the entries for ‘New South Wales’, ‘Queensland’, ‘South Australia’, ‘Tasmania’, ‘Victoria’ and ‘Western Australia’.

Appellate Jurisdiction Act 1908 (8 Edw. 7 c. 51)

Section 1.

Section 3.

Schedule.

group 2 - central criminal court (prisons) act 1881

Reference

Extent of repeal or revocation

Central Criminal Court (Prisons) Act 1881 (44 & 45 Vict. c. 64)

The whole Act.

Administration of Justice Act 1964 (c. 42)

In Schedule 3, paragraph 10.

Courts Act 1971 (c. 23)

In Schedule 8, paragraph 14.

group 3 - courts act 1971

Reference

Extent of repeal or revocation

Courts Act 1971 (c. 23)

Section 20(5) and (6).

Section 41.

Reference

Extent of repeal or revocation

Section 42(1) and (4).

Section 43.

Section 53.

Section 55(4).

Section 59(2) to (4).

In section 59(5), paragraphs (a) and (e).

In section 59(6), paragraph (a) and, in paragraph (e), the words ‘section 12 of the Indictable Offences Act 1848 and’.

In Schedule 2, in Part 1, paragraph 1 and, in paragraph 3(2), the words from ‘, other’ to ‘by virtue of this Act,’.

In Schedule 2, in Part 2, paragraph 8.

Schedule 5.

In Schedule 7, paragraphs 4 and 5.

In Schedule 8, in Part 2, paragraphs 55, 59, 60(1) and 60(2).

In Schedule 9, in Part 1, the entries relating to the Inclosure Act 1845, the Trade Union Act 1871, the Brine Pumping (Compensation for Subsidence) Act 1891, the Dogs Amendment Act 1938, the Water Act 1945, the Shops Act 1950, the Agriculture (Safety, Health and Welfare Provisions) Act 1956, the Affiliation Proceedings Act 1957, the Trading Representations (Disabled Persons) Act 1958, the Adoption Act 1958 and the Factories Act 1961.

In Schedule 10, paragraphs 1(3), 2 to 8, 10 and 17.

group - 4 general appeals

Reference

Extent of repeal or revocation

Limitation of Actions and Costs Act 1842 (5 & 6 Vict. c. 97)

Section 2.

Law Reform (Miscellaneous Provisions) Act 1934 (24 & 25 Geo. 5 c. 41)

Section 3(1C).

In section 3(1D), the words from ‘and any reference’ to the end.

City of London (Courts) Act 1964 (c. iv)

In section 7, the words ‘the remuneration of, and’.

Administration of Justice Act 1965 (c. 2)

In Schedule 1, the entries relating to the Clergy Residence Act 1826, the Inclosure Act 1845, the Tithe Act 1846 and the Tithe Act 1860.

Administration of Justice Act 1969 (c. 58)

Section 36(5) and (6).

In Schedule 1, the entries relating to the Settled Land Act 1925 and the County Courts Act 1959.

Administration of Justice Act 1970 (c. 31)

Section 41(5).

Section 54(4).

Reference

Extent of repeal or revocation

In section 54(6), the words ‘, and section 2(5)’ and ‘, 43(6)’.

In Schedule 2, paragraphs 26 and 28.

Administration of Justice Act 1973 (c. 15)

Section 6.

Schedule 2.

Litigants in Person (Costs and Expenses) Act 1975 (c. 47)

Section 2(2) and (3).

Administration of Justice Act 1977 (c. 38)

Section 1.

Section 2(3).

Section 5(3).

Sections 11 and 12.

Section 19(2).

Section 32(5) to (7).

In Schedule 2, in Part 1, paragraphs 3, 4 and 6.

Contempt of Court Act 1981 (c. 49)

Section 3(4).

Section 4(4).

In Schedule 2, in Part 3, paragraph 1.

Supreme Court Act 1981 (c. 54)

Section 141.

Section 152(2) and (5).

In Schedule 5, the entries relating to the Nurses (Amendment) Act 1961, the Rivers (Prevention of Pollution) Act 1961, the Administration of Justice Act 1964, the Administration of Justice Act 1965, the Matrimonial Causes Act 1967, the Health and Safety at Work etc. Act 1974 and the Arbitration Act 1979.

Administration of Justice Act 1982 (c. 53)

Section 3(2).

Section 6(3).

Section 34(1) and (2).

Section 35.

In section 46(2), paragraphs (a)(iv), (c) and (g).

Sections 49 and 50.

Section 59(3).

Section 73(8).

Section 77(5).

In Schedule 3, paragraphs 4(b) and (c) and 7.

In Schedule 8, paragraph 3.

County Courts (Penalties for Contempt) Act 1983 (c. 45)

Section 2(2).

County Courts Act 1984 (c. 28)

In section 24(2)(g), the words ‘and 25’.

In Schedule 2, paragraphs 22, 24, 30, 35, 36, 38, 39, 44 to 46, 48, 50, 57, 63, 73, 74, 76 and 77.

Administration of Justice Act 1985 (c. 61)

Section 51(2).

Public Trustee and Administration of Funds Act 1986 (c. 57)

Section 4.

Section 6(2).

Courts and Legal Services Act 1990 (c. 41)

Section 2(4).

Section 12.

Section 14.

Reference

Extent of repeal or revocation

Section 16.

Section 62.

Section 78(3) and (4).

Section 84.

Section 93(4).

Section 109(5) and (6).

Section 114.

In Schedule 17, paragraphs 1, 3, 9 and 18.

Supreme Court (Offices) Act 1997 (c. 69)

The whole Act.

Access to Justice Act 1999 (c. 22)

Section 35(1).

Section 70.

Section 79.

2 Agriculture

Part 2

Agriculture

group 1 - agricultural development, production and marketing

Reference

Extent of repeal or revocation

Agriculture (Miscellaneous Provisions) Act 1943 (6 & 7 Geo. 6 c. 16)

In Schedule 3, the entries relating to sections 5, 7, 11, 12, 13, 15 and 16 of the Corn Returns Act 1882.

Agriculture (Miscellaneous Provisions) Act 1944 (7 & 8 Geo. 6 c. 28)

The whole Act.

Hill Farming Act 1946 (9 & 10 Geo. 6 c. 73)

Section 10.

In section 36(2), the words from ‘, or retained’ to ‘United Kingdom,’.

In section 37(1), paragraph (b).

Agriculture Act 1947 (10 & 11 Geo. 6 c. 48)

Sections 83 and 84.

Section 86.

Sections 88 and 89.

Sections 92 to 95.

Schedule 2.

Schedule 11.

Hill Farming Act 1954 (2 & 3 Eliz. 2 c. 23)

The whole Act.

Agriculture (Miscellaneous Provisions) Act 1954 (2 & 3 Eliz. 2 c. 39)

Section 6(7).

Agriculture (Silo Subsidies) Act 1956 (5 & 6 Eliz. 2 c. 5)

The whole Act.

Agriculture Act 1957 (5 & 6 Eliz. 2 c. 57).

Section 32.

Section 37(2).

In section 37(3), the words ‘, except Part III,’.

Agricultural Marketing Act 1958 (6 & 7 Eliz. 2 c. 47)

In section 3(2), the words from the beginning to ‘this section,’.

Section 3(4) to (6).

Reference

Extent of repeal or revocation

Parts 2 and 3.

In section 47(2), the words ‘, or Part III thereof,’.

Section 52(4).

Section 54(3) and (5).

Section 55(2).

Agriculture Act 1958 (6 & 7 Eliz. 2 c. 71)

Section 1.

In section 8(1), the words from ‘and the enactments’ to ‘Scotland)’.

In section 9(1), the definition of ‘the appointed day’.

Section 10(2).

In Schedule 1, paragraph 2.

In Schedule 4, paragraphs 1, 2, 10, 13 and 14.

Weeds Act 1959 (7 & 8 Eliz. 2 c. 54)

Section 10(3) to (5).

Horticulture Act 1960 (8 & 9 Eliz. 2 c. 22)

Part 2.

Section 21.

Schedule 1.

Agriculture (Miscellaneous Provisions) Act 1963 (c. 11)

Section 23(3).

Section 26.

In section 27, paragraph (b).

In section 29(2), the words ‘, except in section 5,’ and from ‘and ‘the Ministers’’ to the end.

In section 29(3), the reference to sections 16(2) and 19 and the words from ‘and section 21’ to the end.

Agriculture and Horticulture Act 1964 (c. 28)

Section 21.

In section 26(3), the words ‘(2) and’.

Agriculture Act 1967 (c. 22)

In section 3(3)(a), the words ‘1 or section’.

Section 16.

Section...

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