- Source: Statute Law Revision Act 1874
The Statute Law Revision Act 1874 (37 & 38 Vict. c. 35) is an act of the Parliament of the United Kingdom that repealed for the United Kingdom enactments from 1801 to 1837 which had ceased to be in force or had become necessary. The act was intended, in particular, to facilitate the preparation of the revised edition of the statutes, then in progress.
Section 2 of the Statute Law Revision Act 1874 (No. 2) (37 & 38 Vict. c. 96) provided that the act was to be read and construed as if, in the entry in the Schedule to this act relating to the Piracy Act 1837 (7 Will. 4 & 1 Vict. c. 88), the words "Section Six" and "Section Seven" had been substituted for the words "Section Four" and "Section Five" respectively.
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In the United Kingdom, acts of Parliament remain in force until expressly repealed.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 statues, 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.
An alternative approach, focusing on expunging obsolete laws from the statute book, followed by consolidation, was proposed by Peter Locke King MP, who was heavily critical of the expenditure of the Commission and the lack of results. This approach was taken by the Repeal of Obsolete Statutes Act 1856 (19 & 20 Vict. c. 64), considered to be the first Statute Law Revision Act.
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 21 May 1874, introduced by the Lord Chancellor, Hugh Cairns, 1st Baron Cairns. The bill had its second reading in the House of Lords on 15 June 1874 and was committed to a committee of the whole house, which met on 16 June 1874 and reported on 18 June 1874, with amendments. The bill had its third reading in the House of Lords on 18 June 1874 and passed, with amendments.
The bill its first reading in the House of Commons on 22 June 1874, introduced by the Attorney General, Richard Baggallay . The bill had its second reading in the House of Commons on 29 June 1874 and was committed to a committee of the whole house, which met and reported on 2 July 1874, without amendments. The bill had its third reading in the House of Commons on 3 July 1874 and passed, without amendments.
The bill was granted royal assent on 16 July 1874.
Legacy
The act was intended, in particular, to facilitate the preparation of a revised edition of the statutes.
The act was partly in force in Great Britain at the end of 2010.
Section 2 and the Schedule of the act was repealed by section 1 of, and Schedule 1 to, the Statute Law Revision Act 1894 (57 & 58 Vict. c. 56).
The enactments which were repealed (whether for the whole or any part of the United Kingdom) by the act were repealed so far as they extended to the Isle of Man on 25 July 1991.
This act was retained for the Republic of Ireland by section 2(2)(a) of, and Part 4 of Schedule 1 to, the Statute Law Revision Act 2007.
Repealed acts
Section 1 of the act repealed 492 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 provided that the Criminal Costs (Dublin) Act 1815 (55 Geo. 3. c. 91), which had been repealed by the Statute Law Revision Act 1873, was revived, so far as it related to the county of the city of Dublin.
See also
Statute Law Revision Act
Notes
References
External links
List of amendments and repeals in the Republic of Ireland from the Irish Statute Book
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