Statute Law Revision Act 1908

JurisdictionUK Non-devolved


Statute Law Revision Act, 1908.

(8 Edw. 7.) CHAPTER 49.

An Act for further promoting the Revision of the Statute Law by repealing Enactments which have ceased to be in force or have become unnecessary.

[21st December 1908]

Whereas it is expedient that certain enactments which may be regarded as spent, or have ceased to be in force otherwise than by express specific repeal by Parliament, or have, by lapse of time or otherwise, become unnecessary, should be expressly and specifically repealed:

Be it therefore enacted by the King'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S-1 Enactments in schedule repealed.

1 Enactments in schedule repealed.

1. The enactments described in the schedule to this Act are hereby repealed, subject to the provisions of this Act and subject to the exceptions and qualifications in the said Schedule mentioned; and every part of a title, preamble, or recital specified after the words ‘in part, namely,’ in connexion with an Act mentioned in the said schedule may be omitted from any revised edition of the statutes published by authority after the passing of this Act, and there may be added in the said edition such brief statement of the Acts, officers, persons, and things mentioned in the title, preamble, or recital, as may in consequence of such omission appear necessary:

Provided as follows:—

The repeal of any words or expressions of enactment described in the said schedule shall not affect the binding force, operation, or construction of any statute, or of any part of a statute, whether as respects the past or the future;

and where any enactment not comprised in the said schedule has been repealed, confirmed, revived, or perpetuated by any enactment hereby repealed, such repeal, confirmation, revivor, or perpetuation shall not be affected by the repeal effected by this Act;

and the repeal by this Act of any enactment or schedule shall not affect any enactment in which such enactment or schedule has been applied, incorporated, or referred to;

nor shall such repeal of any enactment affect any right to any hereditary revenues of the Crown, or affect any charges thereupon or prevent any such enactment from being put in force for the collection of any such revenues, or otherwise in relation thereto;

and this Act shall not affect the validity, invalidity, effect, or consequences of anything already done or suffered,—or any existing status or capacity,—or any right, title, obligation, or liability, already acquired, accrued, or incurred, or any remedy or proceeding in respect thereof,—or any release or discharge of or from any debt, penalty, obligation, liability, claim, or demand,—or any indemnity,—or the proof of any past act or thing;

nor shall this Act affect any principle or rule of law or equity, or established jurisdiction, form or course of pleading, practice, or procedure, or the general or public nature of any statute, or any existing usage, franchise, liberty, custom, privilege, restriction, exemption, office, appointment, payment, allowance, emolument, or benefit, or any prospective right, notwithstanding that the same respectively may have been in any manner affirmed, recognised, or derived by, in, or from any enactment hereby repealed;

nor shall this Act revive or restore any jurisdiction, office, duty, drawback, fee, payment, franchise, liberty, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure, form of punishment, or other matter or thing not now existing or in force;

and this Act shall not extend to repeal any enactment so far as the same may be in force in any part of His Majesty's dominions out of the United Kingdom, except where otherwise expressed in the said schedule.

S-2 Application of repealed enactments in local courts.

2 Application of repealed enactments in local courts.

2. If and so far as any enactment repealed by this Act applies or may have been by Order in Council applied to the court of the county palatine of Lancaster or to any inferior court of civil jurisdiction, such enactment shall be construed as if it were contained in a local and personal Act specially relating to such court and shall have effect accordingly.

S-3 Short title.

3 Short title.

3. This Act may be cited as theStatute Law Revision Act, 1908.

S C H E D U L E.

Reign and Chapter. Short Title.

50 & 51 Vict.:

c. 1.

The Consolidated Fund (No. 1) Act, 1887.

c. 2.

The Army (Annual) Act, 1887.

In part, namely,—

Preamble.

Sections two and three.

Schedule.

c. 5.

The Isle of Man (Customs) Act, 1887.

In part, namely,—

Section two, the words ‘Commissioners of Her Majesty's’ occurring twice before the word ‘Treasury’ and the words ‘Her Majesty's’ occurring twice before the word ‘Customs.’

c. 6.

The Supreme Court of Judicature (Ireland) Act, 1887.

In part, namely,—

Section one, to ‘this Act,’ where first occurring.

Section three, to ‘this Act.’

Section four, to ‘this Act.’

c. 7.

The Customs Consolidation Act, 1876, Amendment Act, 1887.

In part, namely,—

Preamble.

c. 8.

The Incumbents of Benefices Loans Extension Act, 1886, Amendment Act, 1887.

c. 9.

The Police Disabilities Removal Act, 1887.

In part, namely,—

Preamble.

Section one.

Schedule.

c. 10.

The Duke of Connaught's Leave Act, 1887.

c. 11.

The Conversion of India Stock Act, 1887.

In part, namely,—

Preamble.

Section six, from ‘and also’ to the end of the section.

Section eight.

Section nine, the words ‘the Governor and Company of,’ occurring twice and the words ‘and includes their successors.’

c. 12.

The Truro Bishopric and Chapter Acts Amendment Act, 1887.

In part, namely,—

Preamble.

Section thirteen.

Reign and Chapter. Short Title.

50 & 51 Vict.:

c.13

The Pensions (Colonial Service) Act, 1887.

In part, namely,—

Section two, the words ‘Commissioners of Her Majesty's’

Section five, preamble.

c. 14.

The Consolidated Fund (No. 2) Act, 1887.

c. 15.

The Customs and Inland Revenue Act, 1887.

In part, namely:—

Preamble.

Sections two, seventeen, nineteen to twenty-one.

c. 16.

The National Debt and Local Loans Act, 1887.

In part, namely,—

Section three.

Section five, to ‘enacted as follows.’

Section nine, to ‘enacted as follows.’

Section nineteen, from ‘The expression 'Treasury'’ to ‘of the Bank of Ireland.’

Sections twenty and twenty-one.

Third Schedule.

c. 17.

The Metropolis Management (Battersea and Westminster) Act, 1887.

c. 18.

The Trusts (Scotland) Act, 1867, Amendment Act, 1887.

c. 19.

The Quarry (Fencing) Act, 1887.

In part, namely,—

Preamble.

Section two.

c. 20.

The Criminal Law and Procedure (Ireland) Act, 1887.

In part, namely,—

Section four, the figure ‘(1)’ and the preamble.

Section six the word ‘ARMS’ in the heading.

Section eight.

Section twelve, subsection (1), the words ‘to the Lord Lieutenant’.

Section fourteen, the words ‘Commissioners of Her Majesty's’.

Section nineteen, the definitions of ‘Lord Lieutenant,’‘county,’‘court of assize,’ and ‘the High Court’

c. 21.

The Water Companies (Regulation of Powers) Act, 1887.

In part, namely,—

Preamble.

c. 24.

The Crofters' Holdings (Scotland) Act, 1887.

In part, namely,—

Section two, from ‘within’ to ‘after the passing of this Act’.

c. 26.

The Allotments and Cottage Gardens Compensation for Crops Act, 1887.

In part, namely,—

Section three.

Reign and Chapter. Short Title.

50 & 51 Vict.:

c. 27.

The Markets and Fairs (Weighing of Cattle) Act, 1887.

In part, namely,—

Preamble.

c. 28.

The Merchandise Marks Act, 1887.

In part, namely,—

Section sixteen, subsection (6), the words ‘Commissioners of Her Majesty's.’

Section sixteen, subsection (10).

Section twenty-three, to ‘repealed and’ and from ‘provided that’ to the end of the section.

c. 29.

The Margarine Act, 1887.

In part, namely,—

Preamble.

Section two.

c. 30.

The Settled Lands Act (Amendment) Act, 1887.

In part, namely,—

Preamble.

c. 32.

The Open Spaces Act, 1887.

In part, namely,—

Section four, the words ‘and this Act’.

c. 33.

The Land Law (Ireland) Act, 1887.

In part, namely,—

Section two.

Section eight, subsection (8), the words ‘within nine months after the passing of this Act or’ and ‘whichever shall last happen’.

Section fifteen, subsection (3), the words ‘Her Majesty's’ and ‘Forests and Land Revenues’, and the words ‘Commissioners of the’ twice occurring.

The words ‘of Justice in Ireland’ occurring in section eighteen, subsection (1), and sections nineteen and twenty-two.

The preambles to sections twenty-four and twenty-seven.

Section twenty-four, subsection (3), the words ‘Commissioners of Her Majesty's’ and ‘(in this Act referred to as 'the Treasury')’.

Section thirty-three, subsection (2), the words ‘On the passing of this Act’ and ‘subsequently’.

Section thirty-four, first definition, the words ‘of Justice’.

c. 34.

The London Parks and Works Act, 1887.

In part, namely,—

Section two, the words ‘From and after the date of transfer,’ the words ‘Her Majesty's,’ and the words ‘and Public Buildings (in this Act referred to as the 'Commissioners of Works')’.

Section four, the words ‘From and after the date of transfer,’ the words ‘in force at the date of transfer, or thereafter to be in force’, and the proviso.

Section seven.

Reign and Chapter. Short Title.

50 & 51 Vict.:

c. 35.

The Criminal Procedure (Scotland) Act, 1887.

In part, namely,—

Preamble.

Section one, from ‘Every expression’ to ‘successors’.

Section forty-three, to ‘his Act’.

Section forty-four, to ‘of this Act’.

Section forty-five, to ‘of this Act’, and the words ‘from and after such commencement’.

Section seventy-six, to ‘passing of this Act’.

Section seventy-seven.

c. 36.

The Lieutenancy Clerks Allowance Act, 1887.

In part, namely,—

Preamble.

c. 37.

The Public Works Loans Act, 1887.

In part, namely,—

Sections two and three.

Section four, to ‘enacted...

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