Statute Law (Repeals) Act 1989

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Statute Law (Repeals) Act1989

1989 CHAPTER 43

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.

[16th November 1989]

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(1) The enactments mentioned in Schedule 1 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(2) Schedule 2 to this Act shall have effect.

S-2 Extent.

2 Extent.

(1) This Act extends to Northern Ireland.

(2) Any repeal by this Act of an enactment which extends to the Isle of Man shall also extend there.

(3) Subject to subsection (2) above, 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 any colony.

S-3 Short title and commencement.

3 Short title and commencement.

(1) This Act may be cited as the Statute Law (Repeals) Act 1989 .

(2) The repeal by this Act of—

(a) section 3 of the Federation of Malaya Independence Act 1957 , and

(b) section 5 of the Malaysia Act 1963 ,

shall come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint.

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
Group 1 - Bankruptcy Acts 1883, 1890 and 1913

Group 1 - Bankruptcy Acts 1883, 1890 and 1913

12 & 13 Vict. c.xciv.

City of London Municipal Elections Act 1849.

In section 9, the words ‘shall declare himself or shall be declared bankrupt or insolvent, or’.

46 & 47 Vict. c.52.

Bankruptcy Act 1883. The whole Act.

53 & 54 Vict. c.71.

Bankruptcy Act 1890. The whole Act.

3 & 4 Geo. 5. c.34.

Bankruptcy and Deeds of Arrangement Act 1913.

The whole Act.
1985 c.66.

Bankruptcy (Scotland) Act 1985.

In Schedule 7, paragraph 2.

Group 2 - Police Acts

2 & 3 Vict. c.47.

Metropolitan Police Act 1839.

Sections 13 and 29.

Section 61 from ‘and the owner’ onwards.

Sections 62, 69, 73 and 77.

Section 78 from ‘and all’ onwards.

2 & 3 Vict. c.xciv.

City of London Police Act 1839.

Sections 18, 20, 21, 23, 26 and 27.

In section 28, the proviso.

Section 29.

In section 31, the words ‘take into custody’ and ‘and every person so found’.

Section 34.

In section 35—

Chapter Short title Extent of repeal

2 & 3 Vict. c.xciv.

City of London Police Act 1839.

(a) paragraph 9 from ‘during’ to ‘service, and’;

(b) paragraph 10 from ‘or wilfully break’ onwards;

(c) in paragraph 12, the words ‘indecent or obscene’, where first occurring, and from ‘or write’ to ‘representation’;

(d) paragraph 14 from ‘(except’ to ‘duty)’;

(e) the words from ‘And it shall be lawful’ onwards.

Sections 38 and 39.

Section 42 from ‘and the owner’ onwards.

Sections 43 to 48.

Sections 50 to 54.

Sections 97 to 103.

10 & 11 Vict. c.89.

Town Police Clauses Act 1847.

The following provisions as they apply to England and Wales—

Sections 15 and 30.

In section 36, the words ‘take into custody’ and ‘and every person so found’.

In sections 61 and 65, the words from ‘and in default’ onwards.

Section 75.

49 & 50 Vict. c.22.

Metropolitan Police Act 1886.

Section 1 from ‘This Act and’ onwards.

Schedule 1.

60 & 61 Vict. c.30.

Police (Property) Act 1897.

Section 1(1) from ‘or under section sixty-six’ to ‘London’.

Section 1(3).

62 & 63 Vict. c.26.

Metropolitan Police Act 1899.

Section 1(2) from ‘either’ to ‘Parliament, or’ and from ‘or apportioned’ to the end of the subsection.

Chapter Short title Extent of repeal

4 & 5 Geo. 5. c.34.

Police Reservists (Allowances) Act 1914.

The whole Act.

5 & 6 Geo. 5. c.32.

Irish Police (Naval and Military Service) Act 1915.

Section 1(1).
1964 c.48. Police Act 1964.

In Schedule 9, the entries relating to the Metropolitan Police Act 1839, the City of London Police Act 1839, the Town Police Clauses Act 1847, the National Insurance (Industrial Injuries) Act 1946, the Homicide Act 1957 and the Road Traffic and Roads Improvement Act 1960.

1976 c.63. Bail Act 1976.

In Schedule 2, paragraph 2.

Group 3 - Scottish Courts, &c.

6 Geo. 4. c.86.

Courts of Justice (Scotland) Act 1825.

The whole Act.

9 Geo. 4. c.29.

Circuit Courts (Scotland) Act 1828.

Sections 6 and 16.

Schedules A and C.

11 Geo. 4 & 1 Will. 4. c.37.

Criminal Law (Scotland) Act 1830.

Sections 9, 11 and 14.

11 & 12 Vict. c.79.

Justiciary (Scotland) Act 1848.

The whole Act.

31 & 32 Vict. c.95.

Justiciary Court (Scotland) Act 1868.

The whole Act.

50 & 51 Vict. c.35.

Criminal Procedure (Scotland) Act 1887.

Section 46.

55 & 56 Vict. c.21.

High Court of Justiciary (Scotland) Act 1892.

The whole Act.

7 Edw. 7. c.51.

Sheriff Courts (Scotland) Act 1907.

Section 3(m).

17 & 18 Geo. 5. c.35.

Sheriff Courts and Legal Officers (Scotland) Act 1927.

Section 7.
Chapter Short title Extent of repeal

3 & 4 Geo. 6. c.15.

Solicitors (Emergency Provisions) Act 1940.

The whole Act.

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

Legal Aid and Solicitors (Scotland) Act 1949.

The whole Act.

2 & 3 Eliz. 2. c.48.

Summary Jurisdiction (Scotland) Act 1954.

Section 74.
1972 c.11.

Superannuation Act 1972.

In Schedule 6, paragraph 11.

1976 c.6.

Solicitors (Scotland) Act 1976.

The whole Act.
1976 c.14.

Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976.

Section 10(2), (3) and (5).

1980 c.55.

Law Reform Miscellaneous Provisions) (Scotland) Act 1980.

Section 11(1) from ‘and accordingly’ onwards; and section 11(2).

Section 28(2).

Schedule 3.

Group 4 - Vagrancy Law

5 Geo. 4. c.83.

Vagrancy Act 1824.

The following provisions as they apply to England and Wales—

Section 3 from the beginning to ‘manner; and’.

Section 4 from ‘every person pretending’ to ‘subjects;’

Section 5 from the beginning to ‘by virtue of this Act;’ and from ‘and every person apprehended’ to ‘so apprehended’.

In section 10, the words ‘in the house of correction’.

In section 22, the words ‘Provided also, that’ and from ‘nor to alter’ (where first occurring) onwards.

Chapter Short title Extent of repeal

6 Geo. 4. c.97.

Universities Act 1825. Section 3.

34 & 35 Vict. c.96.

Pedlars Act 1871.

Section 13 as it applies to England and Wales.

57 & 58 Vict. c.lx.

Cambridge University and Corporation Act 1894.

Section 6.

Group 5 - General Repeals

11 Geo. 2. c.19.

Distress for Rent Act 1737.

Section 14.

60 Geo. 3 & 1 Geo. 4. c.1.

Unlawful Drilling Act 1819.

Section 4.

1 & 2 Will. 4. c.32.

Game Act 1831.

In sections 3, 4, 12, 23, 24, 25, 27, 28, 30, 31 and 32, as they apply to England and Wales or Northern Ireland, the words ‘together with the costs of the conviction’.

Section 38.

8 & 9 Vict. c.124.

Leases Act 1845.

The whole Act, but without prejudice to any existing lease.

11 & 12 Vict. c.42.

Indictable Offences Act 1848.

Section 32 from the beginning to ‘Act, but’.

14 & 15 Vict. c.19.

Prevention of Offences Act 1851.

The whole Act.

24 & 25 Vict. c.100.

Offences against the Person Act 1861.

Sections 39, 40 and 76, as they apply to England and Wales.

25 & 26 Vict. c.14.

Crown Suits (Isle of Man) Act 1862.

The whole Act.

27 & 28 Vict. c.24.

Naval Agency and Distribution Act 1864.

In section 2, the definition of ‘the High Court of Admiralty’.

31 & 32 Vict. c.37.

Documentary Evidence Act 1868.

In the Schedule, the entry relating to the Poor Law Board.

Chapter Short title Extent of repeal

32 & 33 Vict. c.62.

Debtors Act 1869. Sections 18 and 23.

38 & 39 Vict. c.86.

Conspiracy and Protection of Property Act 1875.

Sections 10, 11, 13, 19 and 20.

46 & 47 Vict. c.3.

Explosive Substances Act 1883.

Section 7(4).

46 & 47 Vict. c.38.

Trial of Lunatics Act 1883.

Section 4.

50 & 51 Vict. c.53.

Escheat (Procedure) Act 1887.

The whole Act.

9 & 10 Geo 5. c.71.

Sex Disqualification (Removal) Act 1919.

Section 1 from ‘Provided that’ onwards.

Section 2 as it applies to Scotland.

13 & 14 Geo. 5. c.9. (N.I.)

Criminal Evidence Act (Northern Ireland) 1923.

Section 5(1) from ‘except’ onwards.

15 & 16 Geo. 5. c.28.

Administration of Justice Act 1925.

Section 22(3)

Section 22(4) from the beginning to ‘section, and’ and the word ‘other’ wherever occurring.

25 & 26 Geo. 5. c.25.

Counterfeit Currency (Convention) Act 1935.

The whole Act.

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

Justices of the Peace Act 1949.

Sections 41, 43 and 45.

Section 46(3) from ‘except’ onwards.

Schedule 7.

14 & 15 Geo. 6. c.65.

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951.

The following provisions except as they extend to Northern Ireland—

In section 27(1), the proviso from ‘or if’ onwards.

Section 38(6)(b) and the preceding ‘or’.

Section 46(4).

Section 53.

In Part I of Schedule 2—

(a) in paragraph 6, the words ‘other than the metropolitan police

Chapter Short title Extent of repeal

14 & 15 Geo. 6. c.65

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951.

court area’ and ‘such’;

(b) paragraphs 18 and 19.

In Part II of Schedule 2—

(a) in paragraph 3, the words ‘a standing joint committee or’ and in column 2 the words ‘committee or’;

(b) paragraphs 4(a), 5(a) and 6(a).

6 & 7 Eliz. 2. c.51.

Public Records Act 1958.

In Schedule 2, the entries relating to the Import Duties Act 1932, the Defence (General) Regulations 1939 and the Legal Aid and Solicitors (Scotland) Act 1949.

7 & 8 Eliz. 2. c.57.

Street Offences Act 1959.

Section 1(5).
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