Statute Law (Repeals) Act 1978

JurisdictionUK Non-devolved
Citation1978 c. 45
Year1978


Statute Law (Repeals)Act 1978

1978 CHAPTER 45

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 facilitate the citation of statutes.

[31st July 1978]

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 amendments.

1 Repeals and associated amendments.

(1) The enactments mentioned in Schedule 1 to this Act are hereby repealed to the extent specified in column 3 of that Schedule.

(2) The enactments mentioned in Schedule 2 to this Act are, in consequence of certain of the repeals made by this Act, hereby amended as provided by that Schedule.

S-2 Citation of Acts.

2 Citation of Acts.

2. Schedule 3 to this Act shall have effect to facilitate the citation of the Acts of Parliament mentioned in it.

S-3 Extent.

3 Extent.

(1) This Act extends to Northern Ireland.

(2) Her Majesty may by Order in Council provide 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 the Isle of Man.

S-4 Short title.

4 Short title.

4. This Act may be cited as the Statute Law (Repeals) Act 1978.

S C H E D U L E S

SCHEDULE 1

Repeals

I Administration of Justice

Part I

Administration of Justice

Chapter

Short title

Extent of repeal

6 Geo. 4. c. 62.

Poor Prisoners (Scotland) Act 1825.

The whole Act.

6 & 7 Will. 4. c. 43.

Judicial Ratifications (Scotland) Act 1836.

The whole Act.

32 & 33 Vict. c. 68.

Evidence Further Amendment Act 1869.

The whole Act except as it applies to Northern Ireland.

34 & 35 Vict. c. 42.

Citation Amendment (Scotland) Act 1871.

The whole Act.

40 & 41 Vict. c. 43.

Justices Clerks Act 1877. Section 10.

45 & 46 Vict. c. 42.

Civil Imprisonment (Scotland) Act 1882.

Section 8.

15 & 16 Geo. 5. c. 49.

Supreme Court of Judicature (Consolidation) Act 1925.

In Schedule 4, the paragraph beginning with the words ‘For the purposes’.

12, 13 & 14 Geo. 6. c. 27.

Juries Act 1949.

Sections 30 and 35(3).

The whole Act except as it applies to Scotland.

12, 13 & 14 Geo. 6. c. 101.

Justices of the Peace Act 1949.

Section 45 (4).

Section 46 (2).

In Schedule 7, Parts I and III.

14 Geo. 6. c. 27. Arbitration Act 1950. Section 43.

15 & 16 Geo. 6 & 1 Eliz. 2. c. 55.

Magistrates' Courts Act 1952.

In Schedule 4, in Part III, paragraph 3.

In Schedule 5, the entry relating to the County Police Act 1840, and in the entry relating to the Summary Jurisdiction Act 1857 the word ‘eight’.

2 & 3 Eliz. 2. c. 36.

Law Reform (Limitation of Actions, &c.) Act 1954.

The whole Act.

2 & 3 Eliz. 2. c. 37.

Superannuation (President of Industrial Court) Act 1954.

The whole Act.

7 & 8 Eliz. 2. c. 22.

County Courts Act 1959.

In section 89(3), the words ‘county borough’.

In section 147(2), the words from ‘notwithstanding’ to ‘1968’.

8 & 9 Eliz. 2. c. 65.

Administration of Justice Act 1960.

In section 18(4), the words from ‘but’ onwards.

In Schedule 3, the entry relating to the Criminal Justice Act 1948.

Chapter

Short title

Extent of repeal

10 & 11 Eliz. 2. c. 15.

Criminal Justice Administration Act 1962.

Section 19.

Schedule 1.

In Schedule 4, the entry relating to the South Staffordshire Stipendiary Justice Act 1899.

1964 c. 42.

Administration of Justice Act 1964.

Section 31.

In section 37(4), the words ‘section 8(5) of this Act’ (where they first occur) and paragraph (a ).

In section 41(6), the words ‘section 31 and’.

In Schedule 3, paragraphs 8 and 12(3).

1965 c. 45.

Backing of Warrants (Republic of Ireland) Act 1965.

Section 9(2).
1969 c. 58.

Administration of Justice Act 1969.

In section 7(2), in subsection (3) added to section 89 of the County Courts Act 1959, the words ‘county borough’.

Sections 25(2), 26(2) and (3), 27(2), (4), (5), (6) and (7), 28 and 35(2).

Schedule 2.

II Charities

Part II

Charities

Chapter or number

Title or short title

Extent of repeal

11 Geo. 3. c. 10 (1771).

An Act for carrying into Execution an Agreement made between Peter Burrell, Esquire, Surveyor-general of His Majesty's Lands, and the Trustees of Morden College, in the County of Kent, for enabling His Majesty, His Heirs and Successors, to grant Leases of Maidenstone Hill, in the Parish of East Greenwich in the County of Kent to the said Trustees, upon the Terms mentioned in the said Agreement; and for impowering the said Trustees to increase the

The whole Act.

Chapter or number

Title or short title

Extent of repeal

11 Geo. 3. c. 10 (1771)

Salaries and Pensions of the Treasurer, Chaplain, and poor Merchants, in the said College.

8 & 9 Eliz. 2. c. 58.

Charities Act 1960. Section 49(2)(a ) and (b ).
Church Assembly Measure

Church Assembly Measure

1958 No. 1.

Church Funds Investment Measure 1958.

In section 5, in subsections (1) and (2) the words ‘the Minister of Education or’, and in subsection (3) the words ‘said Minister or’, and in the case of each subsection the references substituted for those words by article 3(2) of the Secretary of State for Education and Science Order 1964 and article 6(4) of the Transfer of Functions (Wales) Order 1970.

III Constitutional Law

Part III

Constitutional Law

Chapter

Short title

Extent of repeal

6 Anne c. 41.

Succession to the Crown Act 1707.

Section 26.
56 Geo. 3. c. 98.

Consolidated Fund Act 1816.

Section 14.
9 Eliz. 2. c. 6.

Ministers of the Crown (Parliamentary Secretaries) Act 1960.

In section 4(1), the words from ‘being amendments’ onwards.

Section 5.

In Schedule 1, the entry relating to the Ministry of National Insurance Act 1944.

10 & 11 Eliz. 2. c. 30.

Northern Ireland Act 1962.

Section 25(1)(b ).

In section 29(2), the words from ‘other’ to ‘section’.

Chapter

Short title

Extent of repeal

1975 c. 24.

House of Commons Disqualification Act 1975.

In Part II of Schedule 1, the entry relating to the Appellate Tribunal constituted under the provisions of the National Service Act 1948 relating to conscientious objectors.

In Part III of Schedule 1, the entry relating to the Chairman or Deputy Chairman of a Local Tribunal constituted under the provisions of the National Service Act 1948 relating to conscientious objectors and the entry relating to the Chairman or Reserve Chairman of a Military Service (Hardship) Committee constituted under Schedule 3 to that Act.

IV Duchy of Cornwall

Part IV

Duchy of Cornwall

Chapter

Title or short title

Extent of repeal

11 Hen. 7. c. 34 (1495).

An Acte for the assuering of certayne lands to the Prynce of Wales.

The whole Act.

50 Geo. 3. c. 6 (1810).

An Act to enable his Royal Highness George Prince of Wales, to grant Leases of certain Lands and Premises called Prince's Meadows, in the Parish of Lambeth, in the County of Surrey, Parcel of His said Royal Highnesses's Duchy of Cornwall, for the Purpose of building thereon.

The whole Act.

52 Geo. 3. c. 123.

Duchy of Cornwall Act 1812.

The whole Act except sections 6 to 9.

1 & 2 Vict. c. 101.

Duchies of Lancaster and Cornwall (Accounts) Act 1838.

In the title, the words from ‘revive’ to ‘and to’.

The preamble.

Section 1.

Chapter

Title or short title

Extent of repeal

7 & 8 Vict. c. 105.

Duchy of Cornwall (No. 2) Act 1844.

The whole Act except sections 39, 40, 53 to 70 and 92 and the Schedules.

In section 92, the definitions of ‘Oath’ and ‘Conventionary Tenant’.

11 & 12 Vict. c. 83.

Assessionable Manors Award Act 1848.

The whole Act except sections 6 and 14.

21 & 22 Vict. c. 109.

Cornwall Submarine Mines Act 1858.

The preamble.

Sections 1, 2, 7 and 9.

23 & 24 Vict. c. 53.

Duchy of Cornwall Act 1860.

The whole Act.
V Education

Part V

Education

Chapter

Title or short title

Extent of repeal

10 Geo. 2. c. 19 (1736).

An Act for the more effectual preventing the unlawful playing of Interludes within the Precincts of the two Universities in that Part of Great Britain called England , and the Places adjacent; and for explaining and amending so much of [the Act 9 Geo. 2. c. 23] as may affect the Privilege of the said Universities, with respect to licensing Taverns, and all other Publick Houses within the Precincts of the same.

The whole Act.

56 Geo. 3. c. 136 (1816).

An Act to enable His Majesty to grant certain Lands, Tenements, and Hereditaments, escheated and devolved to His Majesty by the Dissolution of Hertford College, in the University of Oxford, and the Site of the said College and Buildings thereon, to the

The whole Act.

Chapter

Title or short title

Extent of repeal

56 Geo. 3. c. 136 (1816)

Chancellor, Masters and Scholars of the said University, in Trust for the Principal and other Members of Magdalen Hall, for the Purpose of their removing to such Site; and to enable the said Chancellor, Masters and Scholars of the said University, and the President and Scholars of Saint Mary Magdalen College, to do all necessary Acts for such Removal.

4 & 5 Vict. c. 38. School Sites Act 1841. Sections 15 and 19.

19 & 20 Vict. c.xvii.

Cambridge Award Act 1856.

In section 11, the words ‘Tenth George the Second Chapter Nineteen, and’.

7 Edw. 7. c. 43.

Education (Administrative Provisions) Act 1907.

The whole Act.

13 & 14 Geo. 5. c. 33.

Universities of Oxford and Cambridge Act 1923.

Sections 2 to 4.

7 & 8 Geo. 6. c. 31.

Education Act 1944.

Section 107.

In section 120, subsection (2); and in the proviso to subsection (3), the words from ‘and Part II’ onwards.

In Schedule 8, Part I except the entries relating to sections 10 and 96 of the Children and Young Persons Act 1933; and Part II.

8 & 9 Geo. 6. c. 37.

Education (Scotland) Act 1945.

In Schedule 4, the entries...

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