Statute Law Revision Act 1891

The Statute Law Revision Act 1891 (54 & 55 Vict. c. 67) is an act of the Parliament of the United Kingdom that repealed various United Kingdom enactments which had ceased to be in force or had become unnecessary. The act was intended, in particular, to facilitate the preparation of the new edition of the revised edition of the statutes, then in progress.

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In the United Kingdom, acts of Parliament remain in force until expressly repealed.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.

From 1810 to 1825, the The Statutes of the Realm was published, providing the first authoritative collection of acts. The first statute law revision act was not passed until 1856 with the Repeal of Obsolete Statutes Act 1856 (19 & 20 Vict. c. 64). This approach — focusing on removing obsolete laws from the statute book followed by consolidation — was proposed by Peter Locke King MP, who had been highly critical of previous commissions' approaches, expenditures, and lack of results. +Previous ActsYear passedTitleCitationEffect1861Statute Law Revision Act 186124 & 25 Vict. c. 101Repealed or amended over 800 enactments1863Statute Law Revision Act 186326 & 27 Vict. c. 125Repealed or amended over 1,600 enactments for England and Wales1867Statute Law Revision Act 186730 & 31 Vict. c. 59Repealed or amended over 1,380 enactments1870Statute Law Revision Act 187033 & 34 Vict. c. 69Repealed or amended over 250 enactments1871Promissory Oaths Act 187134 & 35 Vict. c. 48Repealed or amended almost 200 enactments1871Statute Law Revision Act 187134 & 35 Vict. c. 116Repealed or amended over 1,060 enactments1872Statute Law Revision Act 187235 & 36 Vict. c. 63Repealed or amended almost 490 enactments1872Statute Law (Ireland) Revision Act 187235 & 36 Vict. c. 98Repealed or amended over 1,050 enactments1872Statute Law Revision Act 1872 (No. 2)35 & 36 Vict. c. 97Repealed or amended almost 260 enactments1873Statute Law Revision Act 187336 & 37 Vict. c. 91Repealed or amended 1,225 enactments1874Statute Law Revision Act 187437 & 38 Vict. c. 35Repealed or amended over 490 enactments1874Statute Law Revision Act 1874 (No. 2)37 & 38 Vict. c. 96Repealed or amended almost 470 enactments1875Statute Law Revision Act 187538 & 39 Vict. c. 66Repealed or amended over 1,400 enactments1876Statute Law Revision (Substituted Enactments) Act 187639 & 40 Vict. c. 20Updated references to repealed acts1878Statute Law Revision (Ireland) Act 187841 & 42 Vict. c. 57Repealed or amended over 460 enactments passed by the Parliament of Ireland1878Statute Law Revision Act 187841 & 42 Vict. c. 79Repealed or amended over 90 enactments.1879Statute Law Revision (Ireland) Act 187942 & 43 Vict. c. 24Repealed or amended over 460 enactments passed by the Parliament of Ireland1879Civil Procedure Acts Repeal Act 187942 & 43 Vict. c. 59Repealed or amended over 130 enactments1881Statute Law Revision and Civil Procedure Act 188144 & 45 Vict. c. 59Repealed or amended or amended almost 100 enactments relating to civil procedure.1883Statute Law Revision Act 188346 & 47 Vict. c. 39Repealed or amended over 475 enactments1883Statute Law Revision and Civil Procedure Act 188346 & 47 Vict. c. 49Repealed or amended over 475 enactments1887Statute Law Revision Act 188750 & 51 Vict. c. 59Repealed or amended over 200 enactments1887Sheriffs Act 188750 & 51 Vict. c. 55Repealed or amended almost 75 enactments related to sheriffs1887Coroners Act 188750 & 51 Vict. c. 71Repealed or amended over 30 enactments related to coroners1888Statute Law Revision Act 188851 & 52 Vict. c. 3Repealed or amended 620 enactments1888Statute Law Revision (No. 2) Act 188851 & 52 Vict. c. 57Repealed or amended ? enactments1889Master and Servant Act 188952 & 53 Vict. c. 24Repealed or amended over 20 enactments related to master and servants1890Statute Law Revision Act 189053 & 54 Vict. c. 33Repealed or amended ? enactments1890Statute Law Revision (No. 2) Act 189053 & 54 Vict. c. 51Repealed or amended ? enactments

Passage The Statute Law Revision Bill had its first reading in the House of Lords on 19 March 1891, introduced by the Lord Chancellor, Hardinge Giffard, 1st Earl of Halsbury. The bill had its second reading in the House of Lords on 4 May 1891 and was committed to a committee of the whole house, which met and reported on 8 May 1891, without amendments. The bill had its third reading in the House of Lords on 11 May 1891 and passed, with amendments.

The amended bill had its first reading in the House of Commons on 12 May 1891. The bill had its second reading in the House of Commons on 6 July 1891 and was committed to a select committee. The bill faced opposition, which was withdrawn following assurances by the First Lord of the Treasury that the later portions of the bill would be dropped and that the subject of statute law revision would be considered by a joint committee in the next session.

The select committee was appointed on 6 July 1891, consisting of 9 members with a quorum of three. +NamePartyCommentaryWilliam Ambrose ConservativeH. H. Asquith LiberalJames Bryce LiberalDouglas Coghill Liberal UnionistCharles Isaac Elton ConservativeT. M. Healy Irish Parliamentary PartyGeorge Howell Liberal-LabourSir Edward Clarke ConservativeSolicitor General, ChairEdward Whitley ConservativeHenry H. FowlerLiberalAdded on 7 July 1891 The select committee made a special reported on 28 July 1891, with amendments. In their report, the committee observed that many statutes for Ireland were obsolete and recommended the passing of consolidation bills for Ireland similar to those enacted for England such as the Sheriffs Act 1887 (50 & 51 Vict. c. 55) and the Coroners Act 1887 (c. 71). The bill was recommitted to a committee of the whole house, which met on 1 August 1891, and reported on 3 August 1891, with amendments. The amended bill had its third reading in the House of Commons on 3 August 1891 and passed, with amendments.

The amended bill was considered and agreed to by the House of Lords on 4 August 1891.

The bill was granted royal assent on 5 August 1891.

Subsequent developments Following the passing of the act, the Joint Committee for consideration of Statute Law Revision Bills was established in 1892 to strengthen accuracy of future Statute Law Revision Bills.

The schedule to the act was repealed by section 1 of, and the schedule to, the Statute Law Revision Act 1908 (8 Edw. 7. c. 49)), which came into force on 21 December 1908.

Section 2 of the act was repealed by section 32(4) of, and part V of schedule 5 to, the Administration of Justice Act 1977, which came into force on 29 July 1977.

The 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, which came into force on 8 May 2007.

The act was partly in force in Great Britain at the end of 2010.The Chronological Table of the Statutes, 1235 - 2010. The Stationery Office. 2011. . Part 1. Page 556, read with pages viii and x.

Repealed enactments Section 1 of the act repealed 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 also provided that parts of titles, preambles, or recitals specified after the words "In part, namely" in connection with acts mentioned in the first schedule to the act could be omitted from any revised edition of the statutes published by authority, with brief statements about the acts, officers, persons, and things mentioned in those titles/preambles/recitals being added as necessary.

Section 1 of the act provided that repeals were subject to the standard Westbury Saving.

Section 2 of the act provided that if any repealed enactment had been applied to the Court of the County Palatine of Lancaster or other inferior civil courts, such enactment would be construed as if it were contained in a local and personal act specifically relating to that court, and would have effect accordingly.

Statute Law Revision Act 1891

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