- Source: Customs Law Repeal Act 1825
The Customs Law Repeal Act 1825 (6 Geo. 4. c. 105), also known as the Customs' Laws' Repeal Act 1825, the Customs Repeal Act 1825 or the Customs Act 1825, was an act of the Parliament of the United Kingdom that repealed various statutes relating to customs in the United Kingdom from 1558 to 1823.
Background
In the United Kingdom, acts of Parliament remain in force until expressly repealed. Blackstone's Commentaries on the Laws of England, published in the late 18th-century, raised questions about the system and structure of the common law and the poor drafting and disorder of the existing statute book.
In 1806, the Commission on Public Records passed a resolution requesting the production of a report on the best mode of reducing the volume of the statute book. From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts.
By the early 19th-century, British customs law, relating to trade, navigation, the import and export of goods, and the collection of customs revenue, had become increasingly intricate and difficult to navigate due to the large number of acts passed that had accumulated over many years. This complexity posed challenges for both commerce and law enforcement. The preamble of the Act acknowledged that the existing system had become an impediment to trade and the "Ends of Justice".
In 1810, the Lords of the Treasury asked Nicholas Jickling to produce a Digest of the Laws of the Customs, which was published in 1815, numbering 1,375 pages from the earliest period to 53 Geo. 3. This Digest was continuously published to bring the state of the law up to date to the end of every session. In 1814, the Commission of Public Records published their 14th Report, recommending consolidation of the statute law.
By a letter dated 9 August 1823, Secretary to the Treasury, John Charles Herries , asked J. D. Hume, Controller of the Port of London, to "undertake the preparation of a general law, or set of laws, for the consolidation of the customs of the United Kingdom".
The original plan for the consolidation was outlined in a letter dated November 18, 1824, from Mr. Herries, Secretary of the Treasury, to the Customs Commissioners, proposing: The plan proposed a two-pronged approach:
Specific repeal: Identifying and listing specific acts and parts of acts to be repealed, ensuring their removal from the statute book.
General description: Implementing a general repeal clause to address any potential omissions and provide legal clarity.
Despite the intention to create a new legal code that would supersede all previous customs laws, with a declaration that no law predating the new code would remain in force, the general repeal clause was withdrawn, the operation of the repeal of the enumerated acts was postponed for six months and full implementation of the new consolidated code was deferred to a future date.
On 15 April 1825, the Committee on Customs and Excise Consolidation Acts reported and resolved that it was "expedient to repeal the several Laws relating to the Customs now in force; and to consolidate the various enactments therein contained."
In 1826, eleven customs bills were proposed to consolidate to all practical purposes the whole statute law of the customs by repealing the numerous existing customs statutes and replace them with new, more clearly written laws. The bills simplified tariff schedules, to make it easier for traders to understand duties, revised penalties for customs offences to ensure fair and consistent enforcement and introduced standardised procedures for customs declarations, to reduce administrative burdens and increase efficiency at ports.
Passage
Leave to bring in the Customs Laws Repeal Bill to the House of Commons was granted on 15 April 1825 to the Under-Secretary of State for War and the Colonies, Robert Wilmot-Horton , the Secretary to the Treasury, John Charles Herries , the Chancellor of the Exchequer, Frederick John Robinson , Attorney General, John Singleton Copley and the Solicitor General, Sir Charles Wetherell . The Bill had its first reading in the House of Commons on 22 April 1825, introduced by Robert Wilmot-Horton . The Bill had its second reading in the House of Commons on 25 April 1825 and was committed to a Committee of the Whole House, which met and reported on 30 April 1825, with amendments. The amended Bill had its third reading in the House of Commons on 24 June 1825 and passed, without amendments.
The amended Bill had its first reading in the House of Lords on . The Bill had its second reading in the House of Lords on and was committed to a Committee of the Whole House, which met and reported on , without amendments. The Bill had its third reading in the House of Lords on and passed, without amendments.
The Bill was granted royal assent on 5 July 1825.
Legacy
In 1825, eleven customs acts were passed to amend and consolidate the customs law:
Customs, etc. Act 1825 (6 Geo. 4. c. 106)
Customs, etc. (No. 2) Act 1825 (6 Geo. 4. c. 107)
Customs, etc. (No. 3) Act 1825 (6 Geo. 4. c. 108)
Customs, etc. (No. 4) Act 1825 (6 Geo. 4. c. 109)
Customs, etc. (No. 5) Act 1825 (6 Geo. 4. c. 110)
Customs, etc. (No. 6) Act 1825 (6 Geo. 4. c. 111)
Customs, etc. (No. 7) Act 1825 (6 Geo. 4. c. 112)
Customs, etc. (No. 8) Act 1825 (6 Geo. 4. c. 113)
Customs, etc. (No. 9) Act 1825 (6 Geo. 4. c. 114)
Customs, etc. (No. 10) Act 1825 (6 Geo. 4. c. 115)
Passenger Vessels Act 1825 (6 Geo. 4 c. 116)
The Customs Act 1826 (7 Geo. 4. c. 48) reversed the repeal of several acts, including:
Trade of Sugar Colonies Act 1732 (6 Geo. 2. c. 13)
Duties on Tea, etc. (American Plantations) Act 1766 (7 Geo.. 3. c. 46)
Parliamentary Elections (Ireland) Act 1803 (43 Geo.. 3. c. 25)
Merchant Seamen, etc. Act 1823 (4 Geo.. 4. c. 25)
Countervening Duties of Excise Act 1823 (4 Geo.. 4. c. 30)
In 1833, eleven customs acts were passed to further amend and consolidate the customs law:
Customs, etc. Act 1833 (3 & 4 Will. 4. c. 51)
Customs, etc. (No. 2) Act 1833 (3 & 4 Will. 4. c. 52)
Customs, etc. (No. 3) Act 1833 (3 & 4 Will. 4. c. 53)
Customs, etc. (No. 4) Act 1833 (3 & 4 Will. 4. c. 54)
Customs, etc. (No. 5) Act 1833 (3 & 4 Will. 4. c. 55)
Customs, etc. (No. 6) Act 1833 (3 & 4 Will. 4. c. 56)
Customs, etc. (No. 7) Act 1833 (3 & 4 Will. 4. c. 57)
Customs, etc. (No. 8) Act 1833 (3 & 4 Will. 4. c. 58)
Customs, etc. (No. 9) Act 1833 (3 & 4 Will. 4. c. 59)
Customs, etc. (No. 10) Act 1833 (3 & 4 Will. 4. c. 60)
Customs, etc. (No. 11) Act 1833 (3 & 4 Will. 4. c. 61)
The act was repealed by the Statute Law Revision Act 1873 (36 & 37 Vict. c. 91) as it was spent.
The qualified terms of the repeal led to several acts being repealed by later Statute Law Revision Acts, including:
Statute Law Revision Act 1861 (24 & 25 Vict. c. 101)
Statute Law Revision Act 1863 (6 & 27 Vict. c. 125)
Statute Law Revision Act 1867 (30 & 31 Vict. c. 59)
Statute Law Revision Act 1871 (34 & 35 Vict. c. 116)
Statute Law Revision Act 1872 (35 & 36 Vict. c. 63)
Statute Law Revision Act 1872 (No. 2) (35 & 36 Vict. c. 97)
Statute Law Revision Act 1873 (36 & 37 Vict. c. 91)
Repealed acts
Section 444 of the act repealed 443 acts, listed in sections 2–444 of the act. This section included exceptions for:
Any repeals of former acts contained within the acts being repealed, which remain in effect.
Arrears of duties or drawbacks that had become due and payable prior to this act.
Any penalty or forfeiture which had been incurred under the previous acts.
Any parts of the repealed acts relating to Ireland that create or regulate jurisdiction for the trial of offenses committed there.
Section 445 of the act stipulated that the legislation in question can be modified, changed, or completely repealed through subsequent acts passed within the same parliamentary session, providing flexibility for rapid adjustments if deemed necessary.
= For Ireland
=See also
Statute Law Revision Act
Notes
References
Kata Kunci Pencarian:
- Customs Law Repeal Act 1825
- Townshend Acts
- Customs (Repeal) Act 1833
- Customs (Repeal) Act 1845
- Navigation Acts
- Merchant Shipping Repeal Act 1854
- Customs Consolidation Act 1876
- Civil list
- Customs Consolidation Act 1853
- Supplemental Customs Consolidation Act 1855