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Statute Law (Repeals) Act 1974

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Statute Law(Repeals) Act 1974

1974 CHAPTER 22

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.

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 Repeal of enactments.

1 Repeal of enactments.

1. The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in column 3 of that Schedule, subject, however, to the savings set out at the end of particular Parts thereof.

S-2 Preservation of enactments relating to protected policies of assurance.

2 Preservation of enactments relating to protected policies of assurance.

2. By reason of the repeal by this Act of the Industrial Assurance and Friendly Societies (Emergency Protection from Forfeiture) Act 1940, the following provision shall be inserted in the Industrial Assurance and Friendly Societies Act 1948after section 17—

S-17A

17A ‘Policies given emergency protection.

(1) Where, in relation to any policy of assurance which has been protected under the Industrial Assurance and Friendly Societies (Emergency Protection from Forfeiture) Act 1940, the amount of a free paid-up policy or of a surrender value is required to be ascertained, the provisions of the policy, or of any guarantee given in relation thereto, or of the Industrial Assurance Acts 1923 and 1929, relating to free paid-up policies and surrender values shall have effect subject to such modifications as appear to the Industrial Assurance Commissioner to be necessary having regard to the failure to pay premiums during the period of protection and the variation of the terms of the policy under section 3 of the said Act.

(2) In relation to a policy of assurance effected with a registered society other than a collecting society, the reference in subsection (1) above to the Industrial Assurance Commissioner is a reference to him in his capacity as Chief Registrar of Friendly Societies.

(3) Section 24(1) of this Act, so far as relating to the Isle of Man and the Channel Islands, shall not apply to subsections (1) and (2) above, but those subsections shall extend to any place to which the repeal of the said Act of 1940 by the Statute Law (Repeals) Act 1974 is extended by Order in Council under section 3(2) of that Act.’

S-3 Application to Northern Ireland, Channel Islands and Isle of Man.

3 Application to Northern Ireland, Channel Islands and Isle of Man.

(1) This Act, except section 2, 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 theStatute Law (Repeals) Act 1974.

S C H E D U L E

Enactments Repealed

I Enactments relating to security required from public officers

Part I

public officersEnactments relating to security required from

Chapter Short title Extent of repeal

50 Geo. 3. c. 85.

The Government Offices Security Act 1810.

 The whole Act.

52 Geo. 3. c. 66.

The Security of Public Officers Act 1812.

 The whole Act.

6 & 7 Will. 4. c. 28.

The Government Offices Security Act 1836.

 The whole Act.

1 & 2 Vict. c. 61.

The Government Offices Security Act 1838.

 The whole Act.

38 & 39 Vict. c. 64.

The Government Officers (Security) Act 1875.

 The whole Act.

53 & 54 Vict. c. 21.

The Inland Revenue Regulation Act 1890.

 Section 5.

5 & 6 Geo. 6. c. 21.

 The Finance Act 1942.

In Schedule 11, in Part II, the entry relating to the Government Offices Security Act 1836.

15 & 16 Geo. 6 & 1 Eliz. 2. c. 44.

The Customs and Excise Act 1952.

 Section 292(3).
II Financial Enactments

Part II

Financial Enactments

Chapter Title or short title Extent of repeal

30 & 31 Vict. c. 39.

The Metropolitan Police (Receiver) Act 1867.

In section 1, the words from ‘and shall’ onwards.

32 & 33 Vict. c. 3 (1869).

An Act to enable Lord Napier of Magdala to receive the full benefit of the salary of Member of Council for the Presidency of Bombay, or as holding any other office in India, notwithstanding his being in receipt of an annuity granted to him under the Act 31 & 32 Victoria, chapter 91.

 The whole Act.

53 & 54 Vict. c. 21.

The Inland Revenue Regulation Act 1890.

In section 39, the definitions of ‘Goods’, ‘Plaintiff’ and ‘defendant’.

5 & 6 Geo. 5. c. 89.

The Finance (No. 2) Act 1915.

 Section 45(8).
Chapter Title or short title Extent of repeal

11 & 12 Geo. 5. c. 65.

The Trade Facilities Act 1921.

 The whole Act.

13 Geo. 5. Sess. 2. c. 4.

The Trade Facilities and Loans Guarantee Act 1922 (Session 2).

 Sections 1 and 3(2).

15 & 16 Geo. 5. c. 36.

 The Finance Act 1925.

In section 25(3), paragraph (b ) and the word ‘or’ immediately preceding that paragraph.

16 & 17 Geo. 5. c. 3.

The Trade Facilities Act 1926.

 The whole Act.

19 & 20 Geo. 5. c. 29.

The Government Annuities Act 1929.

 Sections 30 and 65.

12, 13 & 14 Geo. 6. c. 92.

The India (Consequential Provision) Act 1949.

In section 1(4), the words ‘or the growing produce thereof’, in both places.

14 Geo. 6. c. 12.

The Foreign Compensation Act 1950.

In section 1(2), the words ‘without licence in mortmain’.

10 & 11 Eliz. 2. c. 44.

 The Finance Act 1962.

In section 33(1), the words from ‘other than’ onwards.

In Schedule 11, Part VI.
1965 c. 25. The Finance Act 1965.

In section 94(1), the words from ‘and of’ to ‘Schedule D)’.
1969 c. 32. The Finance Act 1969.

Sections 3(8) and 5.

In Schedule 19, in paragraph 16(2), the words ‘and short-term’.
1970 c. 24. The Finance Act 1970.

Section 1.

In Schedule 1, paragraph 14.
1972 c. 25.

The Betting and Gaming Duties Act 1972.

 In Schedule 5, paragraph 6.
III Enactments relating to Land Acquisition Powers

Part III

Enactments relating to Land Acquisition Powers

Chapter Short title Extent of repeal

8 & 9 Vict. c. 18.

The Lands Clauses Consolidation Act 1845.

Sections 59 and 60.

In section 61, the words from the beginning to ‘annexed to’, the word ‘and’ (following the word ‘surveyor’), the words ‘together therewith’ and the words ‘and other documents’.

Sections 135 and 140.
Chapter Short title Extent of repeal
1965 c. 56.

The Compulsory Purchase Act 1965.

Sections 24(5) and 29(2).

In section 30, subsections (1) and (2), in subsection (3) the words ‘section 11(1) of’ and the words from ‘and notwithstanding’ to the end of the subsection, and subsection (4).

In section 33, in subsection (2)(b ) the words ‘section 8(1) and’ and the words from ‘but no person’ to the end of the paragraph, in subsection (3), paragraph (a ), in paragraph (b ) the words ‘and 30(3)’, and paragraphs (c ) and (d ), and subsection (4).

In section 34, subsections (2) to (5).

In Schedule 1, paragraph 6(5).

In Schedule 2, paragraph 1(2) and in paragraph 1(3), the words from the beginning to the first ‘valuation, and’ and the words ‘and declaration together’.

In Schedule 6, in the amendment of the Civil Aviation Act 1949 the words from ‘together with’ to ‘superfluous land)’.
1967 c. 10. The Forestry Act 1967.

In Schedule 5, in paragraph 11(3) paragraphs (a ), (c ), (d ) and (e ), and paragraph 11(4).

The repeals effected by this Act in sections 33 and 34 of the Compulsory Purchase Act 1965 shall not apply—

a ) in relation to a compulsory purchase order confirmed before the passing of this Act under section 24 of the Water Act 1945 or Part III of the Housing Act 1957, or
b ) in relation to a compulsory purchase order made before the passing of this Act under section 9 or section 23 of the Water Act 1945

and the repeals in this Part of this Schedule shall extend to the provisions of the Lands Clauses Consolidation Act 1845 and the Compulsory Purchase Act 1965 as applied by or incorporated in any other Act.

IV Enactments relating to Legal Proceedings and the Legal Profession

Part IV

the Legal ProfessionEnactments relating to Legal Proceedings and

Chapter Short title Extent of repeal

25 & 26 Vict. c. 53.

The Land Registry Act 1862.

 Section 135.

32 & 33 Vict. c. 68.

The Evidence Further Amendment Act 1869.

 Section 3.

12, 13 & 14 Geo. 6. c. 21.

The Solicitors, Public Notaries, &c. Act 1949.

Section 1(1) and (5).

In section 2(2), the proviso.

Schedule 2.

2 & 3 Eliz. 2. c. 41.

 The Juries Act 1954. The whole Act.

7 & 8 Eliz. 2. c. 56.

The Rights of Light Act 1959.

 Section 1.

Act of the Parliament of Northern Ireland

2 & 3 Geo. 6. c. 13 (N.I.).

The Matrimonial Causes Act (Northern Ireland) 1939.

 Section 25(1).
V Enactments relating only to Scotland

Part V

Enactments relating only to Scotland

Chapter Title or short title Extent of repeal
5 Geo. 1. c. 29.

The Church Patronage (Scotland) Act 1718.

 The whole Act.

21 Geo. 2. c. 34.

The Cattle Theft (Scotland) Act 1747.

 The whole Act.
6 Geo. 4. c. 22.

The Jurors (Scotland) Act 1825.

In section 7, the words ‘or judge admiral’ and the words ‘or to the judge admiral’.

In section 20, the words ‘and in the court of the judge admiral’.
7 Geo. 4. c. 38.

The Admiralty Offences Act 1826.

 The whole Act.

11 & 12 Vict. c. 36.

The Entail Amendment Act 1848.

In section 26, the words ‘or in redemption of the land tax affecting such entailed estate,’.

Section 41.
Chapter Title or short title Extent of repeal

18 & 19 Vict. c. 113 (1855).

An Act to extend the provisions of an Act of the fourteenth and fifteenth years of Her present Majesty, for rebuilding the bridge over the River Ness at Inverness.

 The whole Act.

4 & 5 Geo. 5. c. 43.

The Entail (Scotland) Act 1914.

 Section 9.

12 & 13 Goo. 5. c. 52.

The Allotments (Scotland) Act 1922.

 Section 2(10).

16 & 17 Geo. 5. c....

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