Benevolent Institutions - Law Commission - Ministry of Justice

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and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the repealing Act had not been passed”. Gradual obsolescence 9. The obsolescence of statutes tends to be a gradual process. Usually there is no single identifiable event that makes a statute obsolete. The Statute Law (Repeals) Act 2008 contained several examples of legislation being overtaken by social and economic changes. A scheme to provide farming work for exservicemen after the First World War had long fallen into disuse. Changes in agriculture during the second half of the 20 th century had greatly reduced the numbers of persons seeking employment in farming. An Act of 1792 that criminalised the giving of false character references to servants seeking domestic employment had become superseded by changes in the civil law. And a Victorian Act requiring noisy street musicians to leave the area on pain of a forty shilling fine had long become obsolete. 10. Even within individual statutes, the obsolescence tends to be gradual. Some provisions fade away more quickly than others. These include commencement and transitory provisions and ‘pump-priming’ provisions (e.g. initial funding and initial appointments to a Committee) to implement the new legislation. Next to go may be order-making powers that are no longer needed. Then the Committee established by the Act no longer meets and can be abolished. However, other provisions may be unrepealable for generations, particularly if they confer pensions rights or confer security of tenure or employment rights. Other provisions may be virtually unrepealable ever. Much of English property law relies on medieval statutes such as Quia Emptores (1290) which is regarded as one of the pillars of the law of real property. This last example usefully shows that just because a statute is ancient it is not necessarily obsolete. Help from consultees 11. Sometimes it is impossible to tell whether a provision is repealable without factual information that is not readily ascertainable without ‘inside’ knowledge of a Department or other organisation. Examples of this include savings or transitional provisions which are there to preserve the status quo until an office-holder ceases to hold office or until repayment of a loan has been made. In cases like these the repeal notes drafted by the Law Commissions often invite the organisation being consulted to supply the necessary information. Any help that can be given to fill in the gaps is much appreciated. ******************************************** iv
BENEVOLENT INSTITUTIONS REPEAL PROPOSALS CONTENTS v Pages 8 Geo.1 c.29 (1721) 1 - 3 (Charterhouse Governors (Quorum) Act) - Sutton’s Hospital in Charterhouse Charity Scheme Confirmation Act 1948 (11 & 12 Geo.6 c.v) - Sutton’s Hospital (Charterhouse) Charity Scheme Confirmation Act 1956 (4 & 5 Eliz.2 c.lvi) 7 Geo.3 c.99 (1767) 4 - 7 (Addenbrooke’s Hospital, Cambridge Act) - Addenbrooke’s Hospital Scheme Confirmation Act 1903 (3 Edw.7 c.clv) 9 Geo.3 c.31 (1769) 8 - 13 (Magdalen Hospital, London Act) - Magdalen Hospital Amendment Act 1848 (11 & 12 Vict. c.xvii) - Magdalen Hospital Amendment Act 1866 (29 & 30 Vict. c.cxxx) - Magdalen Hospital Charity Scheme Confirmation Act 1937 (1 Edw.8 & 1 Geo.6 c.xxiv) 39 & 40 Geo.3 c.lx (1800) 14 - 17 (Female Orphan Asylum Act) - 5 Geo.4 c.v (1824) (Asylum for Female Orphans Act) - Female Orphan Asylum Amendment . Act 1870 (33 & 34 Vict. c.xv) - Board of Education Scheme (Female Orphan Asylum &c) Confirmation Act 1924 (14 & 15 Geo.5 c.xxi) 41 Geo.3 c.cxx (1801) 18 - 20 (Durham County Schools Act) - 3 Geo.4 c.26 (1822) (Durham County Schools Amendment Act) Philanthropic Society’s Act 1806 21 - 26 (46 Geo.3 c.cxliv) - Philanthropic Society’s Act 1823 (4 Geo.4 c.18) - Philanthropic Society’s Act 1848 (11 & 12 Vict. c.cix)
Page 1: Statute Law Repeals: Consultation P
Page 4 and 5: BACKGROUND NOTES ON STATUTE LAW REP
Page 8 and 9: vi Page 48 Geo.3 c.lxxvii (1808) 27
Page 10 and 11: viii Page Alton Military Hospital A
Page 12 and 13: The Bethlem Hospital, St George’s
Page 14 and 15: Geo.1 c.29 (1721) (Charterhouse Gov
Page 16 and 17: Reference Extent of repeal or revoc
Page 18 and 19: y a general court; the general comm
Page 22 and 23: (d) the Governors were authorised t
Page 24 and 25: (c) repeal of a provision in the 17
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Page 34 and 35: July 2008 the Society merged with t
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Page 38 and 39: SCHEDULE OF CONSQUENTIAL AND CONNEC
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accommodation for eight ex-service
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Reference Extent of repeal or revoc
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part of the United Kingdom. The est
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Barrington’s Hospital Amendment A
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Bristol Asylum School of Industry f
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Consultation 10. The Department of
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Westminster Hospital Act (1836) 5.
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Benton in the county of Northumberl
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special provisions for the hospital
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6. The 1856 Act accordingly provide
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as luxury residential accommodation
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Royal Hospitals NHS Trust, renamed
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7. Accordingly the scheme confirmed
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Consultation 6. The Charity Commiss
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Hospital has the powers given to Fo
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Consultation 6. The Department of H
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5. The arrangements set up by the 1
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(b) once the new general hospital w
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4. The 1958 Scheme has been superse
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4. The Scheme was superseded by a n
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Benevolent Institutions - Law Commission - Ministry of Justice

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