Statute Law Revision Act 1950
| Jurisdiction | UK Non-devolved |
| Citation | 1950 c. 6 |
| Year | 1950 |
Statute Law Revision Act , 1950
(14 Geo. 6.) CHAPTER 6
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 and for facilitating the publication of Revised Editions of the Statutes.
[23rd May 1950]
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specific repeal, or have, by lapse of time or otherwise, become unnecessary, should be expressly and specifically repealed: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:—
1 Enactments in schedules repealed.
(1) The enactments of the Parliaments of England, Great Britain, and the United Kingdom described in the First Schedule to this Act, the enactments of the Irish Parliament passed before the commencement of the Union with Ireland Act, 1800 ,described in the Second Schedule to this Act, and the enactments of the Church Assembly described in the Third Schedule to this Act are hereby repealed, subject to the provisions of this Act and subject to the exceptions and qualifications in the said schedules mentioned; and every part of a title, preamble, or recital specified after the words ‘in part, namely,’ in connection with an Act mentioned in the said schedules 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 schedules 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and where any enactment not comprised in the said schedules has been repealed, confirmed, revived, or perpetuated by any enactment hereby repealed, such repeal, confirmation, revivor, or perpetuation shall not be affected by the repeal effected by this Act;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, state, degree, style, dignity, title, honour, 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 schedules.
(2) As respects omission from any revised edition of the statutes published by authority of parts of titles, preambles or recitals, the preceding subsection shall not apply in relation to any Northern Ireland edition as defined in subsection (1) of section five of this Act (whereby corresponding provision for such omission is made in relation to such an edition).
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.
3 Omissions.
(1) From any revised edition of the statutes published by authority there may be omitted enactments or words in respect of matters exclusively relating to territory within the jurisdiction of any one or more of the following, that is to say, Canada, Australia, New Zealand, the Union of South Africa, India, Pakistan, Ceylon, the Republic of Ireland, Burma and, so far as relates to matters within the powers of the Parliament thereof, Northern Ireland.
(2) For the purposes of the preceding subsection, enactments relating to land purchase in Northern Ireland shall be deemed to relate to a subject within the powers of the Parliament of Northern Ireland notwithstanding that such enactments may relate to any of the matters set out in the Second Schedule to the Northern Ireland Land Purchase (Winding Up) Act, 1935 .
(3) Without prejudice to any other saving contained in this Act, an omission made under the authority of this section shall not affect the construction or interpretation of any statute.
(4) The preceding provisions of this section shall not apply in relation to any Northern Ireland edition as defined in subsection (1) of section five of this Act (but without prejudice to any powers of the Parliament of Northern Ireland in relation to such an edition).
4 Church Assembly Measures.
4. In this Act, unless the context otherwise requires, the expression ‘enactment’ includes an enactment comprised in a Church Assembly Measure.
5 Provisions as to Northern Ireland.
(1) The following provisions of this subsection shall have effect as to any revised edition of the statutes affecting Northern Ireland the publication whereof is authorised or directed by the Parliament of Northern Ireland (in this Act referred to as a ‘Northern Ireland edition’), for authorising measures expedient in connection with the publication of a Northern Ireland edition in so far as they require authorisation by an Act of the Parliament of the United Kingdom as affecting matters not within the powers of the Parliament of Northern Ireland, that is to say—
(a ) every part of a title, preamble or recital specified after the words ‘in part, namely,’ in connection with an Act mentioned in the Schedules to this Act, or in a Schedule to any Statute Law Revision Act heretofore enacted being a Schedule which specifies enactments thereby repealed and applies to Northern Ireland, may be omitted from any Northern Ireland edition, notwithstanding that the subject matter of the words omitted is not within the powers of the Parliament of Northern Ireland; and there may be added in that 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;
(b ) such of the provisions of any Statute Law Revision Act heretofore enacted as authorise the omission of any enactments or words other than such a part of a title, preamble or recital as aforesaid shall apply to any Northern Ireland edition, notwithstanding that the subject of the enactments or words omitted is not within the powers of the Parliament of Northern Ireland, so, however, that, without prejudice to any other saving contained in this Act, an omission made under the authority of this paragraph shall not affect the construction or interpretation of any statute;
(c ) in any Northern Ireland edition an Act of the Irish Parliament may be cited by a short title assigned thereto by the Parliament of Northern Ireland, notwithstanding that the subject thereof is not within the powers of that Parliament; and
(d ) where any Act included in a Northern Ireland edition cites or refers to another Act otherwise than by its short title, the short title may be printed in that edition in substitution for such citation or reference, notwithstanding that the subject of the Act which contains the citation or reference is not within the powers of the Parliament of Northern Ireland.
(2) Without prejudice to any other saving contained in this Act, the repeal by this Act of any enactment shall not prejudice or affect the continued operation of section twenty of the Irish Church Act, 1869 .
(3) The Statute Law Revision Act, 1948 , so far as it repeals 13 Edw. 1 Stat. Westm. sec. c. 34, shall be deemed not to have extended to Northern Ireland.
(4) In its application to Northern Ireland this Act shall, as respects matters within the powers of the Parliament of Northern Ireland, be subject to alteration by that Parliament as if it had been an Act passed...
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