STATUTE LAW (REPEALS) BILL - Law Commission

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Extent ♦ Admiralty Pensions Act 1921, s2(3) (which applied provisions about forfeited pensions to any pension, grant or allowance paid pursuant to the 1914 Acts 43 ) ♦ Pensions (Increase) Act 1971, Sch 2, para 36 (which related to a widow’s pension payable in accordance with a scheme under the Second 1914 Act for established civil servants employed abroad within the sphere of military operations) ♦ Income Tax (Earnings and Pensions) Act 2003, s 641(1)(e) (which exempts from income tax any pension payable pursuant to the 1914 Acts). 7. The 1914 Acts extend throughout the United Kingdom. Consultation 8. The Ministry of Defence, HM Treasury, HM Revenue and Customs and the relevant authorities in Wales, Scotland and Northern Ireland have been consulted about these repeal proposals. (32/195/49) LAW/005/005/06 01 February 2008 43 Admiralty Pensions Act 1921, s 2(3) also contains an obsolete reference to the Government War Obligations Acts 1914 to 1918. Since these Acts were repealed by the Statute Law Revision Act 1958, s4(2), this reference may also be repealed as obsolete. 44
Reference Extent of repeal or revocation ______________________________________________________________ Naval and Military War Pensions &c. The whole Act. Act 1915 (5 & 6 Geo.5 c.83) Statute Law (Repeals) Act 1981 (c.19) In Schedule 2, paragraph 4. ______________________________________________________________ Naval and Military War Pensions &c. Act 1915 1. The purposes of the Naval and Military War Pensions &c. Act 1915 (“the 1915 Act”) included making better provision for the care of naval and military officers and men disabled in consequence of the First World War. The 1915 Act has since been extended to the Air Force. 44 2. The only substantive provision remaining in the 1915 Act is section 3(1)(j). 45 Section 3, as originally enacted, vested in a statutory committee of the Royal Patriotic Fund Corporation various functions regarding pensions and other benefits for death or disablement due to service in the First World War. The statutory committee was dissolved in 1917 when its functions were either abolished or transferred to other authorities. 46 These functions (now vested in the Secretary of State) were set out in section 3(1) and were largely abolished in 1981. 47 The only function remaining is the one specified in section 3(1)(j) which has effect as follows- “(1) It shall be a function of the Secretary of State- (j) to make provision for the care of disabled officers 48 and men after they have left the service, including provision for their health, training and employment;”. 3. To the extent that section 3(1)(j) continues to be relied on by the Secretary of State in caring for the needs of surviving disabled officers and men (and disabled nurses) from the First World War, it is clearly 44 Air Force (Application of Enactments) (No 2) Order 1918, SR & O 1918/548. 45 Until 2005 section 6 (which related to the Royal Patriotic Fund Corporation) also remained in force. Section 6, however, has been repealed by the Armed Forces (Pensions and Compensation) Act 2004, s7(4), Sch 3. The repeal took effect on 11 November 2005 by virtue of SI 2005/3107, art 3. 46 Naval and Military War Pensions etc (Transfer of Powers) Act 1917, s 5(2), Sch. 47 Statute Law (Repeals) Act 1981, s 1(1), Sch 1, Pt 9. 45
Page 1 and 2: STATUTE LAW (REPEALS) BILL 2008 NOT
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Page 5 and 6: PART 1 ARMED FORCES GROUP 1 - ROYAL
Page 7 and 8: Consultation 10. The Ministry of De
Page 9 and 10: Greenwich Hospital Act 1883 4. The
Page 11 and 12: SCHEDULE OF CONSEQUENTIAL AND CONNE
Page 13 and 14: Military Lands Provisional Order Th
Page 15 and 16: (b) for the improvement of the Marl
Page 17 and 18: Military Lands Provisional Orders C
Page 19: land in or adjoining the parishes o
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Page 25 and 26: 7. Today, however, the Commissioner
Page 27 and 28: upon the said notice being issued t
Page 29 and 30: concurrence of the Treasury shall f
Page 31 and 32: pounds, then and in all such cases
Page 33 and 34: to be granted and payable to soldie
Page 35 and 36: Reference Extent of repeal or revoc
Page 37 and 38: 8. The Schedule to the 1838 Act con
Page 44 and 45: imprisonment for a term not exceedi
Page 50 and 51: unsatisfactory that it should sit a
Page 54 and 55: 7. The need for the 1916 Act no lon
Page 58 and 59: section 7 has ever been published a
Page 60 and 61: labour force and suppliers left unp
Page 62 and 63: 6. The 1736 Act did, in the body of
Page 64 and 65: COUNTY GAOLS GROUP 2 - CAMBRIDGESHI
Page 66 and 67: (d) to empower the justices to purc
Page 68 and 69: the city’s common gaol in 1836 wa
Page 70 and 71: (i) by the justices selling off (an
Page 72 and 73: 2 & 3 Vict. c.ix (1839) (Cambridge
Page 74 and 75: Status of the 1839 Act 20. The 1839
Page 76 and 77: COUNTY GAOLS GROUP 3 - CHESHIRE ___
Page 78 and 79: (e) at public expense, the demoliti
Page 80 and 81: (l) the extraction of water from pr
Page 82 and 83: (t) the making of provision for the
Page 84 and 85: 13. In order to proceed further, th
Page 86 and 87: extend the life of the 1788 Act’s
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Page 90 and 91: 7. For the reasons explained below,
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Page 94 and 95: (c) insofar as the 1753 Act failed
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(g) the demolition of a chapel in t
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(d) that any legal proceedings agai
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(c) the keeping of accounts for mon
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31. The Exeter Gaol Act 1863 (see b
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(f) providing (both as to arrangeme
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45. The new county gaol was built i
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COUNTY GAOLS GROUP 6 - ESSEX ______
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4. The justices also decided that i
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in aggregate by the justices to sec
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e “insufficient” to fund both t
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(e) the maintaining and authenticat
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COUNTY GAOLS GROUP 7 - GLOUCESTERSH
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(d) authorising the commissioners t
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(i) regulating the muzzling and fre
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(b) providing the justices with pow
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(k) providing for the temporary hol
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(q) requiring the county justices a
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(d) that the commissioners should
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(l) that all streets leading to the
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30. Tewkesbury gaol appears to have
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3. In a multi-purpose Act passed in
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10. As a consequence of this, the c
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(c) providing a mechanism for valui
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(a) the Middlesex justices to raise
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approved of” by the corporation
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(a) the acquisition of the necessar
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was set aside for those “committe
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Middlesex sheriff; two parts were d
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This house of correction remained i
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COUNTY GAOLS GROUP 8 - GREATER LOND
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(c) that interest-holders with insu
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Status of the 1791 Act 5. The 1791
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COUNTY GAOLS GROUP 9 - HAMPSHIRE __
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(d) to vest in the commissioners ow
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new gaol”. 488 It was anticipated
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Apart from brief reference to exist
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Extent 23. The 1801 Act (relating t
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power “for the raising money for
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(e) to raise the necessary moneys (
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Extent 17. The 1700 and 1775 Acts a
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to design the institutions so that
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town and place within the county in
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underground tunnel which was used t
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classification of the prisoners usu
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(g) to authorise the justices, thro
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9. Accordingly, the 1839 Act is now
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Morpeth (which was in private owner
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such circumstances, and to secure g
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12. The broad purpose of the 1822 A
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(h) that responsibility for the upk
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1828. 611 The building remained in
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COUNTY GAOLS GROUP 14 - PEMBROKESHI
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(f) authorising the raising by the
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COUNTY GAOLS GROUP 15 - SOMERSET __
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(b) to set down a rubric for the ho
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quarter sessions - on all non-eccle
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7. The 1792 Act was repealed in who
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COUNTY GAOLS GROUP 16 - STAFFORDSHI
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(d) that the commissioners should n
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(k) that the commissioners should b
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(b) appointment of a gaoler or gaol
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12. HMP Stafford today is an operat
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larger. In 1768 Parliament authoris
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“inconveniently situated”. 727
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“Lammas” land (for which compen
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Warwick, or either of them” in su
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COUNTY GAOLS GROUP 18 - WEST SUSSEX
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to Frances, Viscountess Irwin first
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was demolished shortly thereafter.
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keeping of all prisoners, as well a
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(b) that the land at Fisherton Ange
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(d) the ability of the mayor and ci
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18. Part of the gaol building was d
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shall at any time hereafter appear,
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Disorderly houses 12. The same is t
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Reference Extent of repeal or revoc
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general criminal law is sufficient
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Twelvemonth past⎯this rather alar
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hostile tariffs, widespread unemplo
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Public Order Act 1936 10. The Publi
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18. Part 2 of the 1986 Act concerns
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to form and join trade unions for t
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ANNEX Unlawful Drilling Act 1819 [1
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health and safety of their employee
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1987 101 , section 13 has now cease
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further amendment increasing the ma
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17. Section 65 repealed provisions
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section 123(3) did not result in an
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the second company (which was share
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(d) to require the payment and the
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10. In broad terms the second 1796
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(i) to lay down a limitation period
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to the nawab, Burke felt that the c
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(f) to provide that the greater par
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3 Geo.4 c.xviii (1822) 18. The 1822
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(e) the company was entitled to lay
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11 Geo.4 & 1 Will.4 c.xxxiii (1830)
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9. After nearly forty years of hagg
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workhouse to contain the poor. 1 Th
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institutions”. It was only on 1 A
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14. Accordingly the 1774 Act provid
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(d) authorising the trustees to con
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employed and for poor children to b
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GROUP 2 - WESTMINSTER COURT HOUSE _
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(c) the building line of the court
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GROUP 3 - LONDON COAL DUTIES ______
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top of a Roman bathhouse which was
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Coal Duties (London and Westminster
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GROUP 4 - COURT OF CHANCERY _______
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Proposed repeals 6. The following p
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13. Some provisions of the 1810 Act
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56 Geo.3 c.lxxxiv (1816) (Court of
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an ancient garden in Lincoln’s In
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Consultation 35. The Department for
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its repeal of the 1808 Act has made
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(h) the Company to serve notice bef
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Conclusion 8. Despite the powers pr
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the old Sessions House and the buil
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Distance Fee Not exceeding 0.25 mil
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♦ section 4(2)(d) amended section
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unnecessary 3 . Section 40, however
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Metropolitan Police Provisional Ord
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and other payments charged on it 28
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Conclusion 9. The main purpose of t
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15. Costs of Act. The costs charges
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pensions payable to, or in respect
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♦ section (1) which defines the s
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Conclusion 13. Although pensions pa
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1939 Act ANNEX Surviving provisions
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Sections 8 and 9 Repealed already.
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section 7(2) of that Act) to amend
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5. Section 108(6) amended section 2
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SCHEDULE OF CONSEQUENTIAL AND CONNE
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meet. The only option was a more ce
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(r) all penalties imposed by this A
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(e) penalty for removing any poor p
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14. The preamble to the 1916 Act re
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conviction; meetings of Commissione
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(d) powers of earlier Acts to be ap
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Consultation 9. HM Treasury, the De
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ANNEX 1. Before the establishment o
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(d) authority for the inhabitants o
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(d) expenses of enactment; status o
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paid the rates; liability for rates
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charge on the premises and recovera
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less than £10 should be liable to
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provided by the Local Government Fi
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(c) owners of cottages or small hou
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7. Since none of the parish rates c
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5. The 1850 Act provided as follows
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policing and county rates are now r
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(c) tenure of office of officers, c
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PART 8 TAX AND DUTIES _____________
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16 were savings provisions drafted
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SCHEDULE OF CONSEQUENTIAL AND CONNE
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also the relevant entry in Schedule
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Consultation 8. HM Treasury, HM Rev
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♦ section 21 (exemption for chari
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5. The only other unrepealed provis
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Part 5 (general) 10. Part 5 of the
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Extent 4. The provisions proposed f
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5. Section 51(1) as amended 69 prov
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Extent 9. The provisions proposed f
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5. The passage of time since June 1
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7. Section 7 of the 1980 Act relate
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15. Subsection (1) of section 3 of
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Excess profits levy 5. The excess p
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PART 9 TOWN AND COUNTRY PLANNING __
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Schedule 23 to the 1980 Act Repeale
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4. Similarly unnecessary is section
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unnecessary since Schedule 10 has b
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Consultation 6. HM Treasury, the Of
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6. Section 1(5) added subsection (8
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Consultation 15. HM Treasury, the O
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PART 10 TURNPIKES GROUP 1 - ESSEX _
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that road being able to pass throug
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GROUP 1 - ESSEX 10. Essex turnpike
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21. The Act was expressed to contin
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♦ from Whitechapel Church in the
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GROUP 2 - SUFFOLK 39. Suffolk turnp
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49. The 1814 Act extended the 1802
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2 & 3 Will.4 c.v (1832) (Road from
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GROUP 3 - NORFOLK 72. Norfolk turnp
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7 Geo.4 c.xxvii (1826) (Norwich and
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1 & 2 Will.4 c.xiv (1831) (Norwich
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3 & 4 Will.4 c.xv (1833) (Norwich a
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Background ANNEX The turnpike syste
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framework (including the 1822 Act i
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21. Parochial road administration w
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4. Although the existing powers und
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12. Moreover, section 8(2) of the 1
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governed by the Channel Tunnel Act
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1933 Act 39 , there would be added,
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(a) raising the age limit from 13 t
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continuing need for the Act. That i
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