Act of Parliament of the United Kingdom
United Kingdom legislation
The Statute Law Revision Act 1888 (51 &amp; 52 Vict. c. 3) was an act of the Parliament of the United Kingdom that repealed various United Kingdom statutes which had ceased to be in force or had become necessary. The act was intended, in particular, to facilitate the preparation of the new edition of the revised edition of the statutes, then in progress.
The act went further than previous Statute Law Revision Acts, in so far as it omitted unnecessary words.
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In the United Kingdom, acts of Parliament remain in force until expressly repealed.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 &amp; 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he had engaged Sir Francis Reilly and A. J. Wood to expurgate the statute book of all acts which, though not expressly repealed, were not in force, working backwards from the present time.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 9 March 1888, introduced by the Lord Chancellor, Hardinge Giffard, 1st Baron Halsbury. The Bill had its second reading in the House of Lords on 15 March 1888 and was committed to a Committee of the Whole House, which met and reported on 19 March 1888, without amendments. The Bill had its third reading in the House of Lords on 20 March 1888 and passed, without amendments.
The Bill had its first reading in the House of Commons on 21 March 1888. The Bill had its second reading in the House of Commons on 22 March 1888 and was committed to a Committee of the Whole House, which met and reported on 23 March 1888, without amendments. The Bill had its third reading in the House of Commons on 23 March 1888 and passed, without amendments.
The Bill was granted royal assent on 27 March 1888.
Legacy.
The act was intended, in particular, to facilitate the preparation of the new edition of the revised edition of the statutes. Courtenay Ilbert remarked that the act went further than previous Statute Law Revision Acts, in so far as it omitted unnecessary words.
The power given to the Lord Chancellor to repeal the acts listed in Part III of the act was not exercised. These acts were repealed by the Administration of Justice (Miscellaneous Provisions) Act 1938 (1 &amp; 2 Geo. 6. c. 63).
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).
No order was made under the act which would have repealed the schedule part III statutes; instead they were all repealed in the UK by sections 12 and 20(3) and (5) of, and schedule 4 to, the Administration of Justice (Miscellaneous Provisions) Act 1938, which abolished all outlawry proceedings.
The rest of the act was repealed in the UK by the Statute Law (Repeals) Act 1989, but retained in the Republic of Ireland by the Statute Law Revision Act 2007.
Repealed acts.
Section 1 of the act 620 repealed acts, listed in the schedule to the act, across six categories:
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.
References.
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