Act of Parliament of the United Kingdom
United Kingdom legislation
The Customs (Repeal) Act 1845 (8 &amp; 9 Vict. c. 84) was an act of the Parliament of the United Kingdom that repealed various statutes relating to customs in the United Kingdom.
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In the United Kingdom, acts of Parliament remain in force until expressly repealed.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:
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laws, with a declaration that no law predating the new code would remain in force, the general repeal clause was withdrawn, the operation of the repeal of the enumerated acts was postponed for six months and full implementation of the new consolidated code was deferred to a future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 acts were passed 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 acts 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.
In 1825, the Customs Law Repeal Act 1825 (6 Geo. 4. c. 105) was passed to repeal 443 related statutes. In 1826, the Customs Act 1826 (7 Geo. 4. c. 48) was passed, which reversed the repeal of several statutes.
In 1833, eleven customs acts were passed to further amend and consolidate the customs law:
In 1833, the Customs (Repeal) Act 1833 (3 &amp; 4 Will. 4. c. 50) was passed to repeal 24 related statutes.
On 19 July 1844, the Committee on Customs Acts resolved to bring in bring in Bills, to further amend and consolidate the customs law:
Passage.
The Customs Laws Repeal Bill had ts first reading in the House of Commons on 19 July 1845, presented by the chancellor of the exchequer, Henry Goulburn . The bill had its second reading in the House of Commons on 23 July 1845 and was committed to a Committee of the Whole House, which met on 25 July 1845 and reported on 28 July 1845, with amendments. The amended bill had its third reading in the House of Commons on 29 July 1845 and passed, without amendments.
The bill had its first reading in the House of Lords on 29 July 1845. The bill had its second reading in House of Lords on 31 July 1845 and was committed to a Committee of the Whole House, which met and reported on 1 August 1845, without amendments. The bill had its third reading in the House of Lords on 2 August 1845 and passed, without amendments.
The bill was granted royal assent on 4 August 1875.
Legacy.
In 1844, 10 customs acts were passed to further amend and consolidate the customs law:
The act was repealed by the Statute Law Revision Act 1875 (38 &amp; 39 Vict. c. 66) as it was spent.
Repealed acts.
Section 2 of the act repealed 26 acts, listed in that section, to take effect on the passing of the act. The section included exceptions for:
Section 3 of the act provided that all orders in council, bonds, licenses etc. done under repealed acts would remain valid, notwithstanding the repeal.
References.
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