Statute Law (Repeals) Bill [HL]

House of Commons

Session 2002 - 03
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Statute Law (Repeals) Bill [HL]

Statute Law (Repeals) Bill [HL]
Schedule 2 — Consequential and connected provisions

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Reference

Extent of repeal or revocation

Savings Banks Act 1929 (19 & 20

The whole Act as it extends to the Isle of Man.

Geo. 5 c. 27)

Children and Young Persons

The whole Act as it extends to the Isle of Man.

(Scotland) Act 1937 (1 Edw. 8

5

& 1 Geo. 6 c. 37)

Post Office Act 1969 (c. 48)

The whole Act as it extends to the Isle of Man

except sections 3, 94, 108, 109, 114, 132, 133,

138, 140 and 142, and Schedules 6 and 10.

Expiring Laws Act 1969 (c. 61)

The whole Act as it extends to the Isle of Man.

10

British Telecommunications Act

The whole Act as it extends to the Isle of Man.

1981 (c. 38)

Schedule 2

Section 1(2)

Consequential and connected provisions

Carriers Act 1830 (c. 68)

15

1

In section 1 of the Carriers Act 1830, after “or lace” insert “(other than

machine-made lace)”.

Judicial Committee Act 1833 (c. 41)

2

After section 5 of the Judicial Committee Act 1833 insert the following

section—

20

“5A

Quorum of Judicial Committee.

No matter shall be heard, nor shall any order, report or

recommendation be made by the Judicial Committee in pursuance of

any Act unless in the presence of at least three members of the said

Committee, exclusive of the Lord President of Her Majesty’s Privy

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Council for the time being.”.

Non-Parochial Registers Act 1840 (c. 92)

3

In the Non-Parochial Registers Act 1840, after section 17 insert the following

section—

“17A

Application to registers or records deposited under the Births and

30

Deaths Registration Act 1858.

Sections 5 to 17 shall apply to the registers or records deposited in the

General Register Office under the Births and Deaths Registration Act

1858 as they apply to the registers or records deposited under this

Act.”.

35

Statute Law (Repeals) Bill [HL]
Schedule 2 — Consequential and connected provisions

51

Game Licences Act 1860 (c.90)

4

After section 16 of the Game Licences Act 1860 insert the following section—

“16A  Provision as to foreign game.

The provisions of this Act relating to excise licences to deal in game

and the dealing in and selling of game without an excise licence shall

5

extend and apply to the dealing in and selling of hares, pheasants,

partridges, grouse, heath or moor game, black game, and bustards,

imported from foreign parts into Great Britain.”.

Finance Act 1937 (c.54)

5

In section 5(1) of the Finance Act 1937, for “of that Act” substitute “of the

10

Game Licences Act 1860”.

Public Records Act 1958 (c.51)

6

In Schedule 1 to the Public Records Act 1958, after paragraph 4(1) insert—

    “(1A)

Records of, or held in any department of, the Supreme Court

within sub-paragraph (1)(a) of this paragraph include the records

15

of the Chancery Court of the county palatine of Lancaster and the

Chancery Court of the county palatine of Durham (which were

abolished by the Courts Act 1971).

     (1B)

Records of county courts within sub-paragraph (1)(b) of this

paragraph include the records of the following courts (which were

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abolished by the Courts Act 1971)—

(a)

the Tolzey and Pie Poudre Courts of the City and County

of Bristol;

(b)

the Liverpool Court of Passage;

(c)

the Norwich Guildhall Court; and

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(d)

the Court of Record for the Hundred of Salford.”.

Road Traffic Act 1960 (c. 60)

7

Section 232(3) of the Road Traffic Act 1960 (failure to give information as to

identity or leading to identification of driver) continues to have effect as

amended by paragraph 48 in Part 3 of Schedule 1 to the Road Traffic Act

30

1962 and by Part 3 of the Criminal Justice Act 1982, that is with the words “to

a fine not exceeding level 3 on the standard scale.” being added after the

words “summary conviction”.

8

Section 242(1) of the Road Traffic Act 1960 (evidence by certificate as to

identity of driver) continues to have effect as amended by Part 1 of Schedule

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4 to the Road Traffic Act 1962, that is—

(a)

after the word “driven”, in both places where it occurs, insert the

words “or used”;

(b)

for the words “belonged on a particular occasion to”, in both places

where they occur, substitute the words “on a particular occasion was

40

used by or belonged to”.

Statute Law (Repeals) Bill [HL]
Schedule 2 — Consequential and connected provisions

52

Attachment of Earnings Act 1971 (c.32)

9

Civil Procedure Rules may continue to be made for the purposes of section

4 of the Attachment of Earnings Act 1971 (extension of power to make

administration order) notwithstanding the repeal by this Act of section 12(1)

of the Insolvency Act 1976, and the repeal of section 12(1) shall not affect the

5

operation of any rules that are in force immediately before the coming into

force of the repeal.

10

Section 4(1)(a) of the Attachment of Earnings Act 1971 (power to make

administration order on application for attachment of earnings order)

continues to have effect with the substitution of “an administration order

10

should be made” for “an order should be made for the administration of his

estate”.

Prices Act 1974 (c.24)

11

In section 4 of the Prices Act 1974 (price marking), for subsection (3)

substitute—

15

“(3)

Before making an order under this section the Secretary of State shall

consult, in such manner as appears to him to be appropriate having

regard to the subject-matter and urgency of the order, with such

organisations representative of interests substantially affected by the

order as appear to him, having regard to those matters, to be

20

appropriate.”.

Industry Act 1981 (c.6)

12

In section 3 of the Industry Act 1981 (public dividend capital of the Welsh

Development Agency), for subsection (1) substitute—

“(1)

The public dividend capital of the Welsh Development Agency is

25

hereby reduced by £2.9 million.”.

Hops Marketing Act 1982 (c.5)

13

The repeal by this Act of the Hops Marketing Act 1982 shall not affect the

operation of section 1(3) of that Act as it relates to paragraph 6 of Schedule 1

to the Agricultural Marketing Act 1958.

30

Industrial Development Act 1982 (c.52)

14

In section 15(1) of the Industrial Development Act 1982 (annual reports by

the Secretary of State), for “under Parts I to III” in paragraph (a) substitute

“under Parts 1 and 3”.

Church of England (Miscellaneous Provisions) Measure 1983 (No.2)

35

15

The repeal by this Act of section 12 of the Church of England (Miscellaneous

Provisions) Measure 1983 shall not affect any power to dispose of the house

and muniment room referred to in that section in accordance with

paragraph 9 of Schedule 3 to the Pastoral Measure 1983 as if they had been

transferred to the Board of Finance of the diocese of Lichfield by a pastoral

40

scheme within the meaning of that Measure.

Statute Law (Repeals) Bill [HL]
Schedule 2 — Consequential and connected provisions

53

Road Traffic Regulation Act 1984 (c.27)

16

In Part 2 of Schedule 8 to the Road Traffic Regulation Act 1984, for paragraph

3 (definition of statutory statement of facts) substitute—

“3

For the purposes of the specified sections, a statutory statement of

facts is a statement which is in the prescribed form and which

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either—

(a)

states that the person furnishing it was the driver of the

vehicle at the relevant time and is signed by him; or

(b)

states that that person was not the driver of the vehicle at

the relevant time, states the name and address at the time

10

the statement is furnished of the person who was the

driver of the vehicle at the relevant time and is signed both

by the person furnishing it and by the person stated to be

the driver of the vehicle at the relevant time.”.

County Courts Act 1984 (c.28)

15

17

Civil Procedure Rules may continue to be made for the purposes of Part 6 of

the County Courts Act 1984 (administration orders) notwithstanding the

repeal by this Act of section 12(1) of the Insolvency Act 1976, and the repeal

of section 12(1) shall not affect the operation of any rules that are in force

immediately before the coming into force of the repeal.

20

Building Societies Act 1986 (c.53)

18

In section 69(17) of the Building Societies Act 1986 (disclosure and record of

income of related businesses), for paragraph (a) in the definition of

“conveyancing services” substitute—

“(a)

land in England and Wales means the preparation of

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transfers, conveyances, contracts and other documents in

connection with, and other services ancillary to, the

disposition or acquisition of estates or interests in land; and

for the purposes of this paragraph—

(i)

“disposition”—

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(a)

does not include a testamentary disposition or

any disposition in the case of such a lease as is

referred to in section 54(2) of the Law of

Property Act 1925 (short leases); but

(b)

subject to that, includes in the case of leases

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both their grant and their assignment; and

(ii)

“acquisition” has a corresponding meaning,

(aa)

land in Northern Ireland has the same meaning as in

paragraph (a) above with the modification that “disposition”

does not include any disposition in the case of such a lease as

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is excepted, by section 4 of the Landlord and Tenant Law

Amendment Act (Ireland) 1860, from the requirements of

that section, and”.