- Source: Statute Law Revision Act 1863
The Statute Law Revision Act 1863 (26 & 27 Vict. c. 125) is an act of the Parliament of the United Kingdom that repealed for England and Wales enactments from 1235 to 1685 which had ceased to be in force or had become necessary. The act was intended, in particular, to facilitate the preparation of a revised edition of the statutes.
The act was largely mirrored by the Statute Law Revision (Ireland) Act 1872 (35 & 36 Vict. c. 98), which repealed for Ireland statutes from the Magna Carta until 1495 that were extended to Ireland by the passage of Poynings' Act 1495.
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In the United Kingdom, acts of Parliament remain in force until expressly repealed.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. In 1816, both Houses of Parliament, passed resolutions that an eminent lawyer with 20 clerks be commissioned to make a digest of the statutes, which was declared "very expedient to be done." However, this was never done.
At the start of the parliamentary session in 1853, Lord Cranworth announced his intention to the improvement of the statute law and in March 1853, appointed the Board for the Revision of the Statute Law to repeal expired statutes and continue consolidation, with a wider remit that included civil law. The Board issued three reports, recommending the creation of a permanent body for statute law reform.
In 1854, Lord Cranworth appointed the Royal Commission for Consolidating the Statute Law to consolidate existing statutes and enactments of English law. The Commission made four reports. Recommendations made by the Commission were implemented by the Repeal of Obsolete Statutes Act 1856 (19 & 20 Vict. c. 64).
On 17 February 1860, the Attorney General, Sir Richard Bethell told the House of Commons that he had engaged Sir Francis Reilly and A. J. Wood to expurgate the statute book of all acts which, though not expressly repealed, were not in force, working backwards from the present time.
Passage
The Statute Law Revision Bill had its first reading in the House of Lords on 12 June 1863. In his speech introducing the bill, Constantine Phipps, 1st Marquess of Normanby, explained that the bill aimed at revising and "expurgating" (removing outdated or redundant sections) of English statute law from its inception to the 18th century. The bill was supported by two former Lord Chancellors, Henry Brougham, 1st Baron Brougham and Robert Rolfe, 1st Baron Cranworth, who also cautioned against future efforts to consolidate the common law. The bill had its second reading in the House of Lords on 7 July 1863, and was committed to a committee of the whole house, which met and reported without amendment on 9 July 1863. The bill had its third reading in the House of Lords on 10 July 1863 and passed, with amendments.
The bill had its first reading in the House of Commons on 13 July 1863 and second reading in the House of Commons on 16 July 1863 and was committed to a committee of the whole house, with amendments. The Committee met and reported on 23 July 1863, with amendments. The amended bill was considered by the House of Commons on 23 July 1863, and had its third reading in the House of Commons on 24 July 1863 and passed, with amendments. The bill was criticised by John Pope Hennessy and Frederick Lygon, 6th Earl Beauchamp for repealing some statutes relating to Ireland, which were not in the Irish Statute Book and for repealing the Magna Carta. These objections were described by the Solicitor General as "utterly baseless".
The amended bill was considered and agreed to by the House of Lords on 25 July 1863.
The bill was granted royal assent on 28 July 1863.
Legacy
The act was intended, in particular, to facilitate the preparation of a revised edition of the statutes.
The territorial extent of the act was limited to England (including Wales and Berwick), meaning that those acts passed before Poynings' Act 1495 were not completely repealed for the United Kingdom until the Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict. c. 98).
The schedule to the act was repealed by the Statute Law Revision Act 1893 (56 & 57 Vict. c. 54).
The enactments which were repealed (whether for the whole or any part of the United Kingdom) by this act were repealed so far as they extended to the Isle of Man on 25 July 1991.
Repealed acts
Section 1 of the act repealed 1,658 enactments, listed in the schedule to the act, across six categories:
Expired
Spent
Repealed in general terms
Virtually repealed
Superseded
Obsolete
Section 1 of the act included several safeguards to ensure that the repeal does not negatively affect existing rights or ongoing legal matters. Specifically, any legal rights, privileges, or remedies already obtained under the repealed laws, as well as any legal proceedings or principles established by them, remain unaffected. Section 1 of the Act also ensured that repealed enactments that have been incorporated into other laws would continue to have legal effect in those contexts. Moreover, the repeal would not revive any former rights, offices, or jurisdictions that had already been abolished.
Section 2 of the act specified that the act extended to England (including Wales and Berwick) only.
See also
Statute Law Revision Act
Notes
References
Further reading
Digital reproduction of the Original Act on the Parliamentary Archives catalogue
Kata Kunci Pencarian:
- Statute Law Revision Act 1863
- Statute of Marlborough
- Statute Law Revision Act
- Statute Law (Ireland) Revision Act 1872
- Statute of Monopolies
- Statute Law Revision Act 1867
- List of acts of the Parliament of England, 1327–1376
- Statute Law Revision Act 1861
- Statute Law Revision Act 1948
- Statute Law Revision Act 1892
