Statute Law (Repeals) Act 1976

JurisdictionUK Non-devolved
Citation1976 c. 16


Statute Law (Repeals) Act1976

1976 CHAPTER 16

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.

[27th May 1976]

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(1) The enactments mentioned in Schedule 1 to this Act are hereby repealed to the extent specified in column 3 of that Schedule.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 Part I of Schedule 2 to this Act shall have effect with the amendments there specified (which are consequential on or otherwise made in connection with certain of the repeals in Part II (Alcoholism) of Schedule 1 to this Act) and the enactments mentioned in Part II of Schedule 2 to this Act shall have effect with the amendments there specified (which are consequential on other repeals made by this Act).

S-2 Savings.

2 Savings.

(1) Notwithstanding the repeal by this Act (Schedule 1 Part XIII) of the Irish Free State Land Purchase (Loan Guarantee) Act 1924 and the East Africa Loans Act 1926—

(a ) there shall continue to be charged on and issued out of the Consolidated Fund any sums required by the Treasury for fulfilling the guarantees given under the said Acts and there shall continue to be paid into the Consolidated Fund any sums received by way of repayment of any sums so issued; and

(b ) the Treasury shall continue to be under a duty to lay before both Houses of Parliament an account of any sums issued out of the Consolidated Fund for the purpose of the guarantee given under the said Act of 1924 as soon as may be after any sum is so issued.

(2) Notwithstanding the repeal by this Act (Schedule 1 Part XIII) of the Colonial Development and Welfare Act 1959

(a ) any schemes under that Act in force at the commencement of this Act shall, so far as then in force (that is to say, by virtue of section 1(3) of the Overseas Development and Service Act 1965 , so far as they make provision for the payment out of money provided by Parliament of pensions, allowances or other benefits in respect of injuries or diseases, or aggravation of diseases, incurred by persons engaged in activities carried on for the purposes of such schemes) continue in force; and

(b ) there shall continue to be paid into the Consolidated Fund any sums received by way of interest on, or in repayment of, any outstanding loans under that Act.

(3) The repeal by this Act (Schedule 1 Part XVI) of section 25 of the Civic Amenities Act 1967 and of the amendment of that section in Schedule 6 to the Road Traffic Regulation Act 1967 shall not affect the operation of the Removal and Disposal of Vehicles (Alteration of Enactments) Order 1967 or the Removal and Disposal of Vehicles (Alteration of Enactments) (Amendment) Order 1975 and accordingly sections 20, 52 and 53 of the Road Traffic Regulation Act 1967 shall continue to have effect as amended by those orders.

S-3 Extent.

3 Extent.

(1) This Act extends to Northern Ireland.

(2) This Act does not repeal any enactment so far as the enactment forms part of the law of a country outside the United Kingdom, but 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 or any colony for whose external relations the United Kingdom is responsible.

S-4 Short title.

4 Short title.

4.—This Act may be cited as theStatute Law (Repeals) Act 1976.

S C H E D U L E S

SCHEDULE 1

Enactments Repealed

I Administration of Justice

Part I

Administration of Justice

Chapter

Short title

Extent of repeal

57 Geo. 3. c. 93.

Distress (Costs) Act 1817. Section 7.

3 & 4 Will. 4. c. 74.

Fines and Recoveries Act 1833.

In section 67, including that section as applied by any other Act, the words from ‘and in case any action of trespass’ to ‘special matter in evidence’.

6 & 7 Will. 4. c. 19.

Durham (County Palatine) Act 1836.

The whole Act.

33 & 34 Vict. c. 30.

Wages Attachment Abolition Act 1870.

The whole Act.

36 & 37 Vict. c. 81.

Langbaurgh Coroners Act 1873.

The whole Act.

36 & 37 Vict. c. 88.

Slave Trade Act 1873.

In section 18, the words from ‘or given’ onwards.

45 & 46 Vict. c. 31.

Inferior Courts Judgments Extension Act 1882.

In section 2, in the definition of ‘inferior courts’ the words ‘and the Court of Bankruptcy’.

4 & 5 Geo. 5. c. 78.

Courts (Emergency Powers) Act 1914.

The whole Act.

6 & 7 Geo. 5. c. 13.

Courts (Emergency Powers) (Amendment) Act 1916.

The whole Act.

6 & 7 Geo. 5. c. 18.

Courts (Emergency Powers) (No. 2) Act 1916.

The whole Act.

18 & 19 Geo. 5. c. 26.

Administration of Justice Act 1928.

In section 20(5), the words from ‘A copy of’ onwards.

In Schedule 1, in Part I the amendments of sections 118 and 167 of the Supreme Court of Judicature (Consolidation) Act 1925.

22 & 23 Geo. 5. c. 2.

Expiring Laws Act 1931. The whole Act.

7 & 8 Geo. 6. c. 7.

Prize Salvage Act 1944. Section 1(2).

12, 13 & 14 Geo. 6. c. 63.

Legal Aid and Solicitors (Scotland) Act 1949

.

In Schedule 7, in the third column the entries relating to sections 9 and 26 to 28 of the Solicitors (Scotland) Act 1933.

2 & 3 Eliz. 2. c. 36.

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

Sections 5 and 7.

Section 8(2) except the words ‘this Act extends to Great Britain only’.

Chapter

Short title

Extent of repeal

7 & 8 Eliz. 2. c. 65.

Fatal Accidents Act 1959.

Section 3(5) except the words ‘this Act does not extend to Scotland or Northern Ireland’.

1965 c. 72.

Matrimonial Causes Act 1965.

Section 38.
II Alcoholism

Part II

Alcoholism

Chapter

Short title

Extent of repeal

42 & 43 Vict. c. 19.

Habitual Drunkards Act 1879.

The whole Act.

51 & 52 Vict. c. 19.

Inebriates Act 1888. The whole Act.

61 & 62 Vict. c. 60.

Inebriates Act 1898.

The whole Act except section 30 and Schedule 1.

In Schedule 1, the entries relating to the Refreshment Houses (Ireland) Act 1860, the Dublin Police Act 1842 and the Licensing (Ireland) Act 1836.

62 & 63 Vict. c. 35.

Inebriates Act 1899. The whole Act.

63 & 64 Vict. c. 28.

Inebriates Amendment (Scotland) Act 1900.

The whole Act.
2 Edw. 7. c. 28. Licensing Act 1902.

In section 2, in subsection (1) the words ‘with or without hard labour’ and, in subsection (3), the words ‘and in section sixty of the Licensing Act 1872’.

Section 3.

12, 13 & 14 Geo. 6. c. 47.

Finance Act 1949.

In Schedule 8, paragraph 4 of Part II.

7 & 8 Eliz. 2. c. 72.

Mental Health Act 1959.

In Schedule 7, the entry relating to the Habitual Drunkards Act 1879.

8 & 9 Eliz. 2. c. 61.

Mental Health (Scotland) Act 1960.

In Schedule 4, the entry relating to the Habitual Drunkards Act 1879.

III Animals

Part III

Animals

Chapter

Short title

Extent of repeal

6 Edw. 7. c. 32.

Dogs Act 1906. Sections 8(c ) and 9(a ).

1 & 2 Geo. 5. c. 27.

Protection of Animals Act 1911.

Section 17.

6 & 7 Eliz. 2. c. 43.

Horse Breeding Act 1958. Section 17(1), (6) and (7).

1963 c. 11.

Agriculture (Miscellaneous Provisions) Act 1963.

Section 15.
1963 c. 43.

Animal Boarding Establishments Act 1963.

Sections 6 and 7(2).
1964 c. 70.

Riding Establishments Act 1964.

Sections 7 and 8.
1967 c. 46.

Protection of Birds Act 1967.

Sections 1 and 2.

In section 3, subsection (1), in subsection (2) the word ‘Accordingly’, and subsection (3).

In section 12(3), the words from ‘so much’ to ‘principal Act’.

1973 c. 57. Badgers Act 1973.

In section 11, in the definition of ‘local authority’ paragraph (a ), and in paragraph (b ) the words ‘on and after 1st April 1974’.

IV Armed Forces

Part IV

Armed Forces

Chapter

Short title

Extent of repeal

53 Geo. 3. c. 154.

Kilmainham Hospital (Pensions Commutation) Act 1813.

The whole Act.
7 Geo. 4. c. 16.

Chelsea and Kilmainham Hospitals Act 1826.

Sections 4, 6, 7, 8 and 9.

In section 10, the words ‘or Kilmainham’.

Section 12.

In section 13, the words ‘or through the commissioners or governors of Kilmainham Hospital’.

Section 22.

In section 24, the words ‘or Kilmainham’ and the words, wherever occurring, ‘of either of the said hospitals’, ‘into

Chapter

Short title

Extent of repeal

7 Geo. 4. c. 16.

Chelsea and Kilmainham Hospitals Act 1826.

either of the said hospitals’, and ‘either of the said hospitals’.

Section 26.

In section 27, the words ‘either’ and ‘or Kilmainham’.

Section 33.

11 Geo. 4 & 1 Will. 4. c. 41.

Army Pensions Act 1830. The whole Act.

2 & 3 Vict. c. 51.

Pensions Act 1839. The whole Act.

10 & 11 Vict. c. 4.

Chelsea Pensions (Abolition of Poundage) Act 1847.

The whole Act.

28 & 29 Vict. c. 73.

Naval and Marine Pay and Pensions Act 1865.

In section 4, the words ‘or by a person entitled to any marine half pay,’ and the words ‘or half pay’.

Section 7.

28 & 29 Vict. c. 89.

Greenwich Hospital Act 1865.

In section 5, the words ‘half pay’.

Section 8.

47 & 48 Vict. c. 44.

Naval Pensions Act 1884. Section 3.

47 & 48 Vict. c. 55.

Pensions and Yeomanry Pay Act 1884.

In the title, the words ‘and to the pay and pensions of the Yeomanry’.

In section 2(1), the words ‘and to the pay and pensions of the Yeomanry’; and the words from ‘both such pay’ onwards except the word ‘pensions’.

Section 6.

61 & 62 Vict. c. 24.

Greenwich Hospital Act 1898.

The whole Act except section 1 as that section applies to Northern Ireland.

4 & 5 Geo. 5. c. 83.

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