Next (SCHEDULE 1 Statutes retained )

28 2007

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Number 28 of 2007


STATUTE LAW REVISION ACT 2007


ARRANGEMENT OF SECTIONS

Section

1. Definitions.

2. General statute law revision repeal and saver.

3. Specific repeals.

4. Assignment of short titles.

5. Amendment of Short Titles Act 1896.

6. Amendment of Short Titles Act 1962.

7. Miscellaneous amendments to post-1800 short titles.

8. Evidence of certain early statutes, etc.

9. Savings.

10. Short title and collective citation.

SCHEDULE 1

Statutes retained

PART 1

Pre-Union Irish Statutes 1169 to 1800

PART 2

Statutes of England 1066 to 1706

PART 3

Statutes of Great Britain 1707 to 1800

PART 4

Statutes of the United Kingdom of Great Britain and Ireland 1801 to 1922

SCHEDULE 2

Statutes Specifically Repealed

PART 1

Pre-Union Irish Statutes 1169 to 1800

PART 2

Statutes of England 1066 to 1706

PART 3

Statutes of Great Britain 1707 to 1800

PART 4

Statutes of the United Kingdom of Great Britain and Ireland 1801 to 1922


Acts Referred to

Bill of Rights 1688

1 Will. & Mary, sess. 2, c. 2

Documentary Evidence Act 1868

31 & 32 Vict., c. 37

Documentary Evidence Act 1882

45 & 46 Vict., c. 9

Dower Act 1297

25 Edw. 1, Magna Carta, c. 7

Drainage and Improvement of Lands Supplemental Act (Ireland) (No. 2) 1867

31 & 32 Vict., c. 3

Dublin Hospitals Regulation Act 1856

19 & 20 Vict., c. 110

Evidence Act 1845

8 & 9 Vict., c. 113

Forfeiture Act 1639

15 Chas. 1, c. 3

General Pier and Harbour Act 1861 Amendment Act 1862

25 & 26 Vict., c. 19

Government of Ireland Act 1920

10 & 11 Geo. 5, c. 67

Interpretation Act 2005

2005, No. 23

Irish Free State (Agreement) Act 1922

12 & 13 Geo. 5, c. 4

Land Transfer (Ireland) Act 1848

11 & 12 Vict., c. 120

Leasing Powers for Religious Worship in Ireland Act 1855

18 & 19 Vict., c. 39

Local Government Act 2001

2001, No. 37

Magna Carta (Obstructing of Rivers) 1297

25 Edw. 1, Magna Carta, c. 16

Medical Act 1858

21 & 22 Vict., c. 90

Railways Traverse Act 1868

31 & 32 Vict., c. 70

Renewable Leasehold Conversion Act 1849

12 & 13 Vict., c. 105

Short Titles Act 1896

59 & 60 Vict., c. 14

Short Titles Act 1962

1962, No. 5

Statute of Conspiracy (Maintenance and Champerty)

Statutes of uncertain date. Stat. de Consp.

Statute of the Exchequer (Distress)

Statutes of uncertain date. Les Estatuz del Eschekere, provisions Distr’. sc’cii. between cc. 13 and 14

Statute Quia Emptores 1290

18 Edw. 1, Stat. d’ni R. de t’ris, & c.

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Number 28 of 2007


STATUTE LAW REVISION ACT 2007


AN ACT TO PROMOTE THE REVISION OF STATUTE LAW BY REPEALING CERTAIN STATUTES THAT WERE ENACTED BEFORE 6 DECEMBER 1922 AND WHICH HAVE CEASED TO HAVE EFFECT OR HAVE BECOME UNNECESSARY, BY IDENTIFYING THOSE STATUTES PRIMARILY OF A PUBLIC AND GENERAL NATURE THAT WERE SO ENACTED BUT ARE NOT BEING REPEALED BY THIS ACT, BY ASSIGNING SHORT TITLES TO CERTAIN STATUTES IN ORDER TO FACILITATE THEIR CITATION AND BY AMENDING CERTAIN STATUTES IN SO FAR AS THEY RELATE TO SHORT TITLES, TO PROVIDE FOR PRIMA FACIE EVIDENCE TO BE GIVEN OF CERTAIN STATUTES, AND TO PROVIDE FOR RELATED MATTERS.

[8th May, 2007]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1 .— In this Act “ statute ” includes, where the context allows, a royal ordinance, charter or similar document that—

(a) is of a public and general nature, and

(b) by virtue of its antiquity and having been granted or otherwise made before or during the development of the parliamentary system, is judicially noticed as having the force and effect of an act of parliament.

General statute law revision repeal and saver.

2 .— (1) Subject to subsection (2), all statutes enacted before 6 December 1922 that are in force in the State immediately before the passing of this Act are repealed.

(2) Subsection (1) does not apply to—

(a) the statutes specified in Schedule 1 ,

(b) any statute enacted before 6 December 1922, and in force in the State immediately before the passing of this Act that was—

(i) enacted as a private Act, or published in any official series of private Acts (however described), or

(ii) enacted as a local or personal Act, or published in any official series of local or personal Acts (however described),

other than where such statute is set out in Schedule 2 , or

(c) without prejudice to section 27 of the Interpretation Act 2005 and to section 9 , any saving, or any transitional or continuing matter, provided for in respect of a statute repealed by or under any enactment passed prior to the passing of this Act.

(3) Notwithstanding subsection (2)(a), the following provisions of the Bill of Rights 1688 are repealed:

(a) all of the Preamble down to “Upon which Letters Elections haveing beene accordingly made.”;

(b) the seventh paragraph after the words “for the Vindicating and Asserting their auntient Rights and Liberties, Declare”;

(c) all words from “And they doe Claime Demand and Insist” down to, but not including, section 2.

Specific repeals.

3 .— (1) For ease of reference and for the purpose referred to in section 2 (2)(b), there is set out in Schedule 2 a list of statutes enacted before 6 December 1922 which—

(a) were not wholly repealed before the passing of this Act, and

(b) are not saved by virtue of section 2 (2),

and for the purposes of this subsection “wholly repealed” includes a statute to which section 2 (2)(c) relates.

(2) The fact that a statute, other than a statute to which paragraph (a) or (b) of section 2 (2) relates, is not referred to in Schedule 2 shall not be read as saving or continuing such statute for any purpose other than as provided for by or referred to in section 2 (2)(c).

(3) The inclusion of a statute in Schedule 2 shall not be taken as evidence that the statute, or any provision of it, was of full force and effect immediately before the passing of this Act.

Assignment of short titles.

4 .— In respect of each statute cited in the first column of Part 1, 2, 3 or 4 of Schedule 1 , each such statute—

(a) may be cited by the short title (if any) assigned to it in the fourth column of the Part concerned opposite the mention of that statute in the first column, or

(b) may continue to be cited by its short title (if any) referred to in the third column of the Part concerned opposite the mention of that statute in the first column.

Amendment of Short Titles Act 1896.

5 .— The Short Titles Act 1896 is amended in the First Schedule—

(a) by inserting “1688” after “Bill of Rights” in the third column opposite the citation “1 Will. & Mary, Sess. 2. c. 2.” in the first column, and

(b) by inserting “Act 1848” after “Land Transfer (Ireland)” in the third column opposite the citation “11 & 12 Vict. c. 120.” in the first column.

Amendment of Short Titles Act 1962.

6 .— The Short Titles Act 1962 is amended—

(a) in the First Schedule by substituting “1639 15 Chas. 1. c. 3” for “1639 15 Chas. 1. sess. 2. c. 3” in the first column,

(b) in the Second Schedule—

(i) in Part I—

(I) by substituting “Statutes of uncertain date. Les Estatuz del Eschekere, provisions Distr’. sc’cii. between cc. 13 and 14” for “1266 51 Hen. 3 (Statutes of the Exchequer; date uncertain). sts. 4, 5” in the first column, and

(II) by substituting “Statute of the Exchequer (Distress)” for “Distress Act, 1266” in the third column,

(ii) in Part IV—

(I) by substituting “Stat. d’ni R. de t’ris, & c.” for “(Statute of Westminster the Third). cc. 1, 2.” in the first column opposite the reference to “Statute Quia Emptores, 1290” in the third column, and

(II) by substituting “25 Edw. 1 (Magna Carta). c. 7” for “25 Edw. 1. c. 7” in the first column,

and

(iii) in Part VI in respect of the session and chapter reference “25 Edw. 1. c. 16” in the first column and the short title in the third column opposite that reference—

(I) by inserting “(Magna Carta)” after “25 Edw. 1.” in the first column, and

(II) by substituting “Magna Carta (Obstructing of Rivers) 1297” for “Magna Carta, 1297” in the third column opposite that reference,

and

(c) in the Third Schedule—

(i) by substituting “Statute of uncertain date, Stat. de Consp.” for “1305 33 Edw. 1 (Statute of Champerty, or Statute de Conspiratoribus; date uncertain)” in the first column, and

(ii) by substituting “Statute of Conspiracy (Maintenance and Champerty)” for “Champerty Act, 1305” in the third column.

Miscellaneous amendments to post-1800 short titles.

7 .— (1) An Act referred to in the Table to this section by reference to its year, session and chapter in the first column and to its short title in the second column is amended to the extent provided for in the third column opposite the mention to the Act concerned. For convenience of reference there is set out in the fourth column, opposite the mention to the Act concerned, the new short title for that Act.

(2) Nothing in this section or the amendments made by it shall be read as affecting the citation of an Act by its short title as set out in the second column of the Table to this section.

TABLE

Year, session and chapter

Short title

Amendment

New short title

1849 (12 & 13 Vict.) c. 105

Renewable Leasehold Conversion Act

In section 39 by the addition of the following at the end of that section:

“This Act may also be cited as the Renewable Leasehold Conversion Act 1849 and references in this section to the Renewable Leasehold Conversion Act shall be read as including, as an alternative, a reference to the Renewable Leasehold Conversion Act 1849”.

Renewable Leasehold Conversion Act 1849

1855 (18 & 19 Vict.) c. 39

Leasing Powers Act for Religious Worship in (Ireland) 1855

In section 2 by substituting “Leasing Powers for Religious Worship in Ireland Act 1855” for “Leasing Powers Act for Religious Worship in (Ireland) 1855”.

Leasing Powers for Religious Worship in Ireland Act 1855

1856 (19 & 20 Vict.) c. 110

Dublin Hospitals Regulation Act

In section 1 by substituting “Dublin Hospitals Regulation Act 1856” for “Dublin Hospitals Regulation Act”.

Dublin Hospitals Regulation Act 1856

1858 (21 & 22 Vict.) c. 90

Medical Act

In section 1 by substituting “Medical Act 1858” for “Medical Act”.

Medical Act 1858

1862 (25 & 26 Vict.) c. 19

General Pier and Harbour Act, 1861, Amendment Act

In section 1 by substituting “General Pier and Harbour Act 1861 Amendment Act 1862” for “General Pier and Harbour Act, 1861, Amendment Act”.

General Pier and Harbour Act 1861 Amendment Act 1862

1867 (30 & 31 Vict.) c. 139

Drainage and Improvement of Lands Supplemental Act (Ireland) 1867

In section 3 by substituting “Drainage and Improvement of Lands Supplemental Act (Ireland) (No. 2) 1867” for “Drainage and Improvement of Lands Supplemental Act (Ireland) 1867”.

Drainage and Improvement of Lands Supplemental Act (Ireland) (No. 2) 1867

1867 (31 & 32 Vict.) c. 3

Drainage and Improvement of Lands Supplemental Act (Ireland) 1867

In section 3 by substituting “Drainage and Improvement of Lands Supplemental Act (Ireland) (No. 3) 1867” for “Drainage and Improvement of Lands Supplemental Act (Ireland) 1867”

Drainage and Improvement of Lands Supplemental Act (Ireland) (No. 3) 1867

1868 (31 & 32 Vict.) c. 70

Railways Traverse Act

In section 1 by substituting “Railways Traverse Act 1868” for “Railways Traverse Act”.

Railways Traverse Act 1868

Evidence of certain early statutes, etc.

8 .— (1) In addition to the provisions of the Evidence Act 1845, the Documentary Evidence Act 1868 and the Documentary Evidence Act 1882 (in so far as they relate to the following publications), prima facie evidence of a statute may be given in all courts and in all legal proceedings—

(a) by producing a copy of the statute as published in one of the following publications:

(i) the Historic and Municipal Documents of Ireland, 1172 to 1320, published in 1870 by the authority of the Lords Commissioners of Her Majesty’s Treasury, under the direction of the Master of the Rolls (in the Schedules referred to as “H.M.D.I.”);

(ii) the Calendar of Documents relating to Ireland, 1171 to 1251, published in 1875 by the authority of the Lords Commissioners of Her Majesty’s Treasury, under the direction of the Master of the Rolls (in the Schedules referred to as “C.D.I. vol. 1”);

(iii) the Calendar of Documents relating to Ireland, 1252 to 1284, published in 1877 by the authority of the Lords Commissioners of Her Majesty’s Treasury, under the direction of the Master of the Rolls (in the Schedules referred to as “C.D.I. vol. 2”);

(iv) the Calendar of Documents relating to Ireland, 1285 to 1292, published in 1879 by the authority of the Lords Commissioners of Her Majesty’s Treasury, under the direction of the Master of the Rolls (in the Schedules referred to as “C.D.I. vol. 3”);

(v) the Calendar of Documents relating to Ireland, 1293 to 1301, published in 1881 by the authority of the Lords Commissioners of Her Majesty’s Treasury, under the direction of the Master of the Rolls (in the Schedules referred to as “C.D.I. vol. 4”);

(vi) the Calendar of Documents relating to Ireland, 1302 to 1307, published in 1886 by the authority of the Lords Commissioners of Her Majesty’s Treasury, under the direction of the Master of the Rolls (in the Schedules referred to as “C.D.I. vol. 5”);

(vii) the Statutes and ordinances, and acts of the Parliament of Ireland, King John to Henry V (being the first volume of the Irish Record Office Series of Early Statutes) published in 1907 under the authority of the Lords Commissioners of His Majesty’s Treasury and under the direction of the Master of the Rolls in Ireland (in the Schedules referred to as “P.R.O. vol. 1”);

(viii) the Statute rolls of the Parliament of Ireland, reign of Henry the Sixth (being the second volume of the Irish Record Office Series of Early Statutes) published in 1910 under the authority of the Lords Commissioners of His Majesty’s Treasury and under the direction of the Master of the Rolls in Ireland (in the Schedules referred to as “P.R.O. vol. 2”);

(ix) the Statute rolls of the Parliament of Ireland, 1st to 12th years of the reign of King Edward IV (being the third volume of the Irish Record Office Series of Early Statutes) published in 1914 under the authority of the Lords Commissioners of His Majesty’s Treasury and under the direction of the Master of the Rolls in Ireland (in the Schedules referred to as “P.R.O. vol. 3”);

(x) the Statute rolls of the Parliament of Ireland, 12th and 13th to the 21st and 22nd years of the reign of King Edward IV (being the fourth volume of the series of the Irish Record Office Series of Early Statutes) published in 1939 under the authority of the Minister for Finance and under the direction of the Minister for Justice (in the Schedules referred to as “P.R.O. vol. 4”);

(xi) the Statute rolls of the Irish Parliament, Richard III to Henry VIII (being the fifth volume in the series of early Irish statutes) published in 2002 by the National Archives of Ireland (in the Schedules referred to as “P.R.O. vol. 5”);

or

(b) by producing a copy taken from the copy of the statute as published in any publication referred to in paragraph (a), where the copy so taken is certified by an official of a specified institution to be a true and accurate copy of the statute as appears in the publication concerned; and any document purporting to be a copy so taken (however expressed) shall be received in evidence without proof of the official position or handwriting of the person signing the certificate, or of his or her authority to do so.

(2) (a) In subsection (1)(b) “specified institution” means the National Library of Ireland, or such other library or archive as may be designated in writing by the Taoiseach under paragraph (b).

(b) The Taoiseach may designate a library or archive for the purposes of this section and, except where otherwise provided for by the designation, the designation shall be deemed to be made in respect of all of the publications referred to in subsection (1)(a). A designation under this paragraph may be revoked.

(c) Notice of the making of a designation under paragraph (b) or a revocation under that paragraph, shall be published in the Iris Oifigiúil as soon as practicable after it has been made.

(3) A specified institution may impose a charge or charges for the purpose of covering the costs incurred by it in providing under this section a copy of a statute, including costs relating to retrieving and copying from the publication concerned and checking and certifying the copy of the statute.

Savings.

9 .— (1) This Act does not affect any existing principle or rule of law or equity or any established jurisdiction, form or course of pleading, practice or procedure or any existing trust, notwithstanding that it may have been in any manner derived from, affirmed or recognised by any statute repealed by this Act.

(2) (a) The repeals by this Act do not affect—

(i) the continuance of any body subsisting immediately before the passing of this Act which was incorporated (or otherwise established), confirmed or revived by the grant of a charter or letter patent, and

(ii) such charter or letter patent, to the extent that it so subsists, together with any amendment to such a charter or letter patent so subsisting and granted or otherwise duly made by or under any enactment or otherwise.

(b) Nothing in this Act shall be read as affecting section 11(16) of the Local Government Act 2001 .

(3) Where any statute not repealed by this Act has been applied, confirmed, revived or perpetuated by a repealed statute, such application, confirmation, revival or perpetuation is not affected by the repeal.

(4) (a) The repeal of the Government of Ireland Act 1920 by this Act does not affect any Order in Council made under that Act adapting references in an enactment, or any part of it, that is still in force at the passing of this Act and to which the adaptation relates.

(b) The repeal of the Irish Free State (Agreement) Act 1922 by this Act does not affect any Order in Council made under that Act modifying and adapting references in an enactment, or any part of it, that is still in force at the passing of this Act and to which the modification and adaptation relates.

Short title and collective citation.

10 .— (1) This Act may be cited as the Statute Law Revision Act 2007 .

(2) The Short Titles Act 1896, the Short Titles Act 1962 , sections 4 to 7 , this subsection and, in so far as it relates to section 4 , Schedule 1 may be cited together as the Short Titles Acts 1896 to 2007.