An Act to promote the reform of the statute law by the repeal, in accordance with recommendations of the Law Commission and the Scottish Law Commission, of certain enactments which (except in so far as their effect is preserved) are no longer of practical utility, and to make other provision in connection with the repeal of those enactments.
[22nd July 2004]
Be it enacted by the Queen’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:—
1-
Repeals and associated provisions
(1)
The enactments referred to in Schedule 1 are repealed, and the instruments referred to there are revoked, to the extent specified in the second column of that Schedule.
(2)
Schedule 2 (consequential and connected provisions) has effect.
(3)
In determining for the purposes of section 1 of the Regulatory Reform Act 2001 (c. 6) (power by order to make provision reforming law which imposes burdens) whether any provision of an Act falls within subsection (4)(a) of that section (provision amended by an Act within previous two years), the effect of this Act is to be disregarded.
2-
Extent
(1)
This Act extends to Northern Ireland.
(2)
This Act also extends to the Isle of Man.
(3)
Her Majesty may by Order in Council provide—
(a)
that the repeal by this Act of any enactment specified in the Order shall on a date so specified extend to any of the Channel Islands or any British overseas territory, and
(b)
that any provision of Schedule 2 specified in the Order shall on a date so specified extend to any of the Channel Islands or any British overseas territory subject to any modification so specified.
(4)
Except as provided by an order under subsection (3), this Act does not repeal or amend any enactment so far as the enactment forms part of the law of a country outside the United Kingdom and the Isle of Man.
(5)
Subsections (3) and (4) apply to revocation of the whole or part of an instrument as they apply to repeal of an enactment.
3-
Short title
This Act may be cited as the Statute Law (Repeals) Act 2004.
In the Schedule, the entries for “New South Wales”, “Queensland”, “South Australia”, “Tasmania”, “Victoria” and “Western Australia”.
Appellate Jurisdiction Act 1908 (8 Edw. 7 c. 51)
Section 1.
Section 3.
Schedule.
Group 2 – Central Criminal Court (Prisons) Act 1881
Reference
Extent of repeal or revocation
Central Criminal Court (Prisons) Act 1881 (44 & 45 Vict. c. 64)
The whole Act.
Administration of Justice Act 1964 (c. 42)
In Schedule 3, paragraph 10.
Courts Act 1971 (c. 23)
In Schedule 8, paragraph 14.
Group 3 – Courts Act 1971
Reference
Extent of repeal or revocation
Courts Act
1971 (c. 23)
Section 20(5) and (6).
Section 41.
Section 42(1) and (4).
Section 43.
Section 53.
Section 55(4).
Section 59(2) to (4).
In section 59(5), paragraphs (a) and (e).
In section 59(6), paragraph (a) and, in paragraph (e), the words “section 12 of the Indictable Offences Act 1848 and”.In Schedule 2, in Part 1, paragraph 1 and, in paragraph 3(2), the words from “, other” to “by virtue of this Act,”.In Schedule 2, in Part 2, paragraph 8.
Schedule 5.
In Schedule 7, paragraphs 4 and 5.
In Schedule 8, in Part 2, paragraphs 55, 59, 60(1) and 60(2).In Schedule 9, in Part 1, the entries relating to the Inclosure Act 1845, the Trade Union Act 1871, the Brine Pumping (Compensation for Subsidence) Act 1891, the Dogs Amendment Act 1938, the Water Act 1945, the Shops Act 1950, the Agriculture (Safety, Health and Welfare Provisions) Act 1956, the Affiliation Proceedings Act 1957, the Trading Representations (Disabled Persons) Act 1958, the Adoption Act 1958 and the Factories Act 1961.
In Schedule 10, paragraphs 1(3), 2 to 8, 10 and 17.
Group 4 – General Repeals
Reference
Extent of repeal or revocation
Limitation of Actions and Costs Act 1842 (5 & 6 Vict. c. 97)
Section 2.
Law Reform (Miscellaneous Provisions) Act 1934 (24 & 25 Geo. 5 c. 41)
Section 3(1C).
In section 3(1D), the words from “and any reference” to the end.
City of London (Courts) Act 1964 (c. iv)
In section 7, the words “the remuneration of, and”.
Administration of Justice Act 1965 (c. 2)
In Schedule 1, the entries relating to the Clergy Residence Act 1826, the Inclosure Act 1845, the Tithe Act 1846 and the Tithe Act 1860.
Administration of Justice Act 1969 (c. 58)
Section 36(5) and (6).
In Schedule 1, the entries relating to the Settled Land Act 1925 and the County Courts Act 1959.
Administration of Justice Act 1970 (c. 31)
Section 41(5).
Section 54(4).
In section 54(6), the words “, and section 2(5)” and “, 43(6)”.
In Schedule 2, paragraphs 26 and 28.
Administration of Justice Act 1973 (c. 15)
Section 6.
Schedule 2.
Litigants in Person (Costs and Expenses) Act 1975 (c. 47)
Section 2(2) and (3).
Administration of Justice Act 1977 (c. 38)
Section 1.
Section 2(3).
Section 5(3).
Sections 11 and 12.
Section 19(2).
Section 32(5) to (7).
In Schedule 2, in Part 1, paragraphs 3, 4 and 6.
Contempt of Court Act 1981 (c. 49)
Section 3(4).|
Section 4(4).
In Schedule 2, in Part 3, paragraph 1.
Supreme Court Act 1981 (c. 54)
Section 141.
Section 152(2) and (5).
In Schedule 5, the entries relating to the Nurses (Amendment) Act 1961, the Rivers (Prevention of Pollution) Act 1961, the Administration of Justice Act 1964, the Administration of Justice Act 1965, the Matrimonial Causes Act 1967, the Health and Safety at Work etc. Act 1974 and the Arbitration Act 1979.
Administration of Justice Act 1982 (c. 53)
Section 3(2).
Section 6(3).
Section 34(1) and (2).
Section 35.
In section 46(2), paragraphs (a)(iv), (c) and (g).
Sections 49 and 50.
Section 59(3).
Section 73(8).
Section 77(5).
In Schedule 3, paragraphs 4(b) and (c) and 7.
In Schedule 8, paragraph 3.
County Courts (Penalties for Contempt) Act 1983 (c. 45)
Section 2(2).
County Courts Act 1984 (c. 28)
In section 24(2)(g), the words “and 25”.
In Schedule 2, paragraphs 22, 24, 30, 35, 36, 38, 39, 44 to 46, 48, 50, 57, 63, 73, 74, 76 and 77.
Administration of Justice Act 1985 (c. 61)
Section 51(2).
Public Trustee and Administration of Funds Act 1986 (c. 57)
Section 4.
Section 6(2).
Courts and Legal Services Act 1990 (c. 41)
Section 2(4).
Section 12.
Section 14.
Section 16.
Section 62.
Section 78(3) and (4).
Section 84.
Section 93(4).
Section 109(5) and (6).
Section 114.
In Schedule 17, paragraphs 1, 3, 9 and 18.
In section 3(2), the words from the beginning to “this section,”.
Section 3(4) to (6).
Parts 2 and 3.
In section 47(2), the words “, or Part III thereof,”.
Section 52(4).
Section 54(3) and (5).
Section 55(2).
Agriculture Act 1958 (6 & 7 Eliz. 2 c. 71)
Section 1.
In section 8(1), the words from “and the enactments” to “Scotland)”.
In section 9(1), the definition of “the appointed day”.
Section 10(2).
In Schedule 1, paragraph 2.
In Schedule 4, paragraphs 1, 2, 10, 13 and 14.
Section 23(3).
Section 26.
In section 27, paragraph (b).
In section 29(2), the words “, except in section 5,” and from “and “the Ministers”” to the end.In section 29(3), the reference to sections 16(2) and 19 and the words from “and section 21” to the end.
Agriculture and Horticulture Act 1964 (c. 28)
Section 21.
In section 26(3), the words “(2) and”.
Agriculture Act 1967 (c. 22)
In section 3(3)(a), the words “1 or section”.
Section 16.
Section 22.
Sections 33 and 34.
In section 58(8), the words from “and if a person ceases” to the end.
Section 61.
Section 62(2).
In section 62(3), the words “except the last foregoing section,”.
Section 64(3).
In section 64(4), the words “or the said section 9 of the Act of 1964”.
Section 64(5) and (7).
Section 65.
In section 75(4), the words from “, or,” to “must be made”.
Section 75(8).
Farm and Garden Chemicals Act 1967 (c. 50)
Section 1(5).
Agriculture Act 1970 (c. 40)
Section 34.
Section 87(1).
Section 102.
In section 111(2), the words from “(other” to “thereof)”.
Section 4.
Section 8(5).
Section 11.
In section 12(3), paragraphs (a) and (c) and the word “and” before paragraph (c).
Section 14.
Section 17(1).
Section 21.
Section 27(2) and (3).
In section 27(4), the words from “13” to “7,” and the words “1, 2 and”
Statute Law (Repeals) Act 1973 (c. 39)
In Schedule 2, paragraph 4.
Local Government (Scotland) Act 1973 (c. 65)
In Schedule 27, in Part 2, paragraph 205.
Horticulture (Special Payments) Act 1974 (c. 5)
The whole Act.
Local Land Charges Act 1975 (c. 76)
In Schedule 1, the entry relating to the Hill Farming Act 1954.
Section 1.
In section 3(4), the words from “but those amendments” to the end.
In section 26(1), the words “(and in the Sugar Act 1956)”.
Section 27(2) to (4).
In section 27(5), the words “2,” and “and Part II of this Act”, and from “and sections 13” to the end.In section 27(6)(a), the word “1,”.
Agricultural Statistics Act 1979 (c. 13)
Section 2.
In section 3(1), the words “or 2”.
In section 3(2), paragraph (e).
In section 4(1) and (2), the words “or 2”.
Section 8(2).
Acquisition of Land Act 1981 (c. 67)
In Schedule 4, in paragraph 1, the entry in the Table for section 92(1) of the Agriculture Act 1947, and paragraph 3.
Hops Marketing Act 1982 (c. 5)
The whole Act.
Agricultural Marketing Act 1983 (c. 3)
In section 4(2), paragraph (b).|
In section 9(2), the words “Subject to paragraph 3 of Schedule 2 to this Act,”.
Section 9(3).
In Schedule 2, paragraph 3.
Agriculture (Amendment) Act 1984 (c. 20)
Section 2(2).
Section 3(2).
Milk (Cessation of Production) Act 1985 (c. 4)
Section 7(2).
Food and Environment Protection Act 1985 (c. 48)
Section 27.
Agricultural Holdings Act 1986 (c. 5)
In Schedule 14, paragraph 19.
Horticultural Produce Act 1986 (c. 20)
Section 7(2) and (3).
Agriculture Act 1986 (c. 49)
Section 4(4).
Section 5(1).
Section 8(5) and (6).
Sections 9 and 10.
Section 12.
In section 24(2), the words “10, 13 to 16”, “to 10” and from “and the remaining” to “is passed”.
In section 24(6), the words “and 21”.
In section 24(7), the words “9, 10,”.
Food Safety Act 1990 (c. 16)
In Schedule 3, paragraph 15.
Companies Act 1989 (Eligibility for Appointment as Company Auditor) (Consequential Amendments) Regulations 1991 (S.I. 1991/ 1997)
In the Schedule, paragraph 6.
Agriculture Act 1993 (c. 37)
Section 21(2) and (3).
Sections 25 to 35.
Sections 37 to 45.
Section 47.
Section 59.
Section 62(5).
Section 64(2).
Schedule 3.
Trade Marks Act 1994 (c. 26)
In Schedule 4, in paragraph 1(2), the entry for the Horticulture Act 1960.
Small Holding Colonies Act 1916 (6 & 7 Geo. 5 c. 38)
The whole Act.
Sailors and Soldiers (Gifts for Land Settlement) Act 1916 (6 & 7 Geo. 5 c. 60)
In section 1(1), the proviso.
Land Settlement (Facilities) Act 1919 (9 & 10 Geo. 5 c. 59)
Section 11.
In Schedule 2, the entries relating to sections 9, 23, 24, 27(1), 34, 49(3) and 58.
Small Holdings and Allotments Act 1926 (16 & 17 Geo. 5 c. 52)
Sections 1 to 4.
Section 13(3) and (4).
Section 19.
In Schedule 1, the entries relating to sections 11 and 18 of the Land Settlement (Facilities) Act 1919.
Agricultural Land (Utilisation) Act 1931 (21 & 22 Geo. 5 c. 41)
In Schedule 2, the entries relating to the Small Holdings and Allotments Act 1908 and section 2 of the Small Holdings and Allotments Act 1926.
Agriculture Act 1947 (10 & 11 Geo. 6 c. 48)
Sections 58 and 59.
In Schedule 8, in Part 2, the entry relating to section 2 of the Small Holdings and Allotments Act 1926.
Allotments Act 1950 (14 Geo. 6 c. 31)
In section 6, the words from “and in any document” to the end.
In section 52, subsections (1) and (2)(b), in subsection (2)(c) the words “or section 58 of the Agriculture Act 1947”, subsections (3) and (4), and in subsection (5) the words “and in subsection” to the end.
In Schedule 3, paragraph 8.
Local Government Act 1972 (c. 70)
In Schedule 29, paragraph 11.
Acquisition of Land Act 1981 (c. 67)
In section 1(2), the words “section 4 of the Small Holdings and Allotments Act 1926,”.
Carriage by Air (Supplementary Provisions) Act 1962 (10 & 11 Eliz. 2 c. 43)
In section 2(1), the words from “but, in relation” to the end.
In section 3(3), the words from “and in section” to “provisions)”.
Section 4.
Section 5(3) and (4).
Section 6(2).
Section 7(2) and (3).
In Part 3 of Schedule 1, the entry “Director of the successor company (within the meaning of the Airports Act 1986) being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown”.
Carriage by Air and Road Act 1979 (c. 28)
In Schedule 2, paragraph 5.
Civil Aviation Act 1980 (c. 60)
Section 2.
Section 3(2) and (7).
Section 8(8) and (9).
Section 9.
Section 10(3).
Sections 27 and 28.
In Schedule 3, Part 2.
Civil Aviation (Amendment) Act 1982 (c. 1)
The whole Act.
Civil Aviation Act 1982 (c. 16)
In Schedule 14, paragraph 12.
In Schedule 15, paragraphs 6 and 16.
Aviation Security Act 1982 (c. 36)
Section 36(1) and (3).
In Schedule 2, paragraph 8.
Airports Act 1986 (c. 31)
Sections 1 to 3.
Section 4(1) to (4).
Section 5.
Section 9.
Section 11.
Section 53(5).
Section 57(3).
In section 75(1), the words “1 or” and “in the case of a scheme under section 15”.
In section 75(2), the words “1 or”.
In section 75(3) and (5), the words “1(8) or”.
In sections 75(6) and 76(3)(a), the words “1 or”.
In section 79(2)(a), the words “2(2) or”.
In section 79(5), the words “or 85(5)”.
Section 85(2) to (6).
In Schedule 5, paragraphs 7 to 9.
Outer Space Act 1986 (c. 38)
Section 15(2) to (4).
Aviation and Maritime Security Act 1990 (c. 31)
Section 3(2).
Section 54(2).
In Schedule 3, paragraph 3.
In section 2, the words “the accountant general of the navy”.
Patriotic Fund Reorganisation Act 1903 (3
Edw. 7 c. 20)
Section 3(1) and (2).
Armed Forces Act 1981 (c. 55)
Section 24(1).
Group 2 – Children
Reference
Extent of repeal or revocation
Health and Social Services and Social Security Adjudications Act 1983 (c. 41)
Section 27.
Section 33(1)(e).
Group 3 – Civil Rights and Liberties
Reference
Extent of repeal or revocation
Race Relations Act 1976 (c. 74)
Section 43(5).
In Schedule 2, paragraphs 2 to 10.
Disability Rights Commission Act 1999 (c. 17)
Section 1(4).
Group 4 – Education
Reference
Extent of repeal or revocation
Education Reform Act 1988 (c. 40)
Section 136.
Section 162.
Sections 164 and 165.
Section 169.
Section 171.
Sections 175 to 178.
Sections 182 to 184.
Section 186.
Sections 188 to 191.
Sections 193 and 194.
In section 230, the words “section 190(5);”.
Further and Higher Education Act 1992 (c. 13)
Section 64.
Section 80.
In Schedule 8, paragraph 37.
Audit Commission Act 1998 (c. 18)
In Schedule 3, paragraphs 16 and 17.
Group 5 – Electricity
Reference
Extent of repeal or revocation
Electricity Act 1989 (c. 29)
Sections 84 to 89.
Section 91(2).
Section 92.
In Schedule 17, paragraphs 29 to 31
Group 6 – Fisheries
Reference
Extent of repeal or revocation
Fisheries Act 1981 (c. 29)
Section 13(1).
In section 13(2), the words from “with respect” to the end.
In Schedule 3, paragraphs 4 to 7.
Group 7 – Gas
Reference
Extent of repeal or revocation
Gas Act 1986 (c. 44)
Section 50(3) to (5).
Section 57.
Group 8 – Mines, Minerals and Quarries
Reference
Extent of repeal or revocation
Coal Industry Act 1994 (c. 21)
Section 24.
Group 9 – National Health Service
Reference
Extent of repeal or revocation
Public Accounts and Charges Act 1891 (54 & 55 Vict. c. 24)
Section 1(1).
Health Services Act 1980 (c. 53)
Section 8(1) and (2).
In section 8(3), the words from the beginning to “this section”.
Section 9(1)(a) and (2) to (5)(b).
Schedule 2.
Health and Medicines Act 1988 (c. 49)
Section 1(1) to (13).
Section 3.
Health Act 1999 (c. 8)
Section 25.
Group 10 – National Heritage
Reference
Extent of repeal or revocation
National Heritage Act 1980 (c. 17)
Section 15.
National Heritage Act 1983 (c. 47)
Section 39.
Group 11 – Northern Ireland
Reference
Extent of repeal or revocation
Judicature (Northern Ireland) Act 1978 (c. 23).
Section 69(5).
Northern Ireland Act 1998 (c. 47).
Section 72.
Group 12 – Pensions and Superannuation
Reference
Extent of repeal or revocation
Parliamentary Commissioner Act 1967 (c. 13)
In Schedule 2, the reference to the Occupational Pensions Board.
Superannuation Act 1972 (c. 11)
Section 27.
In section 30(5)(f), the reference to section 27.
Pensions Commutation Act 1984 (c. 7)
Section 1(1) and (8).
Coal Industry Act 1987 (c. 3)
Section 7(5).
Pension Schemes Act 1993 (c. 48)
In Schedule 8, paragraph 19.
Pensions Act 1995 (c. 26)
Section 150.
In section 178(2), the words “150,”.
Group 12 – Pensions and Superannuation
Reference
Extent of repeal or revocation
Transport Act 1981 (c. 56)
Section 15(1) to (4).
In section 15(5), the words “this section and”.
In section 16(1), the words “after making” to the end.
Section 16(2)(a) and (b).
In section 16(2)(c), the words “4(3) or (5), 7,”.
Section 16(3).
In Schedule 5, paragraphs 1 to 4, 6(2) and (3), 7 and 12.
