Statute Law Revision Act, 2007

JurisdictionIreland
CitationIR No. 28/2007
Year2007


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Statutes Specifically Repealed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.


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...

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