Select Committee on Privileges Second Report


Statute Law Revision (Scotland) Act 1906 (6 Edw 7, c 38)

  An Act to further promote the Revision of the Statute Law by repealing Enactments which have ceased to be in force or have become unnecessary.

[4 August 1906.]

Whereas it is expedient that certain enactments which may be regarded as spent, or have ceased to be in force otherwise than by express specific repeal by Parliament, or have, by lapse of time or otherwise become unnecessary, should be expressly and specifically repealed:

  Be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

Enactments in schedule repealed

  1.  The enactments described in the schedule to this Act are hereby repealed subject to the provisions of this Act and subject to the exceptions and qualifications in that schedule mentioned; and every part of a title, preamble, or recital specified after the words "in part, namely," in connexion with an Act mentioned in the said schedule, may be omitted from any revised edition of the statutes published by authority after the passing of this Act, and there may be added in the said edition such brief statement of the Acts, officers, persons, and things mentioned in the title, preamble, or recital, as may in consequence of such omission appear necessary.

  Provided as follows:

  The repeal of any words or expressions of enactment described in the said schedule shall not affect the binding force, operation, or construction of any statute, or of any part of a statute, whether as respects the past or the future;

  and where any enactment not comprised in the said schedule has been repealed, confirmed, revived, or perpetuated by any enactment hereby repealed, such repeal, confirmation, revivor, or perpetuation, shall not be affected by the repeal effected by this Act;

  and the repeal by this Act of any enactment or schedule shall not affect any enactment in which such enactment or schedule has been applied, incorporated, or referred to;

  nor shall such repeal of any enactment affect any right to any hereditary revenues of the Crown, or affect any charges thereupon, or prevent any such enactment from being put in force for the collection of such revenues, or otherwise in relation thereto;

  and this Act shall not affect the validity, invalidity, effect, or consequences of anything already done or suffered—or any existing status or capacity—or any right, title, obligation, or liability already required, accrued, or incurred, or any remedy or proceeding in respect thereof—or any release or discharge of or from any debt, penalty, obligation, liability, claim, or demand—or any indemnity—or the proof of any past act or thing;

  nor shall this Act affect any principle or rule of law or equity, or established jurisdiction, form or course of pleading, practice, or procedure, or the general or public nature of any statute, or any existing usage, franchise, liberty, custom, privilege, restriction, exemption, office, appointment, payment, allowance, emolument, or benefit, or any prospective right, notwithstanding that the same respectively may have been in any manner affirmed, recognised, or derived by, in, or from any enactment hereby repealed;

  nor shall this Act revive or restore any jurisdiction, office, duty, drawback, fee, payment, franchise, liberty, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure, form of punishment, or other matter or thing not now existing or in force.

Short title

  2.  This Act may be cited as the Statute Law Revision (Scotland) Act 1906.

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