STATUTE LAW (REPEALS) BILL - Law Commission

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Reference Extent of repeal or revocation _____________________________________________________________________ Customs, Inland Revenue, and The whole Act (except as it Savings Banks Act 1877 extends to Scotland). (40 & 41 Vict. c.13) ___________________________________________________________________ Customs, Inland Revenue, and Savings Banks Act 1877 1. According to its long title, the purpose of the Customs, Inland Revenue, and Savings Banks Act 1877 (“the 1877 Act”) was ‘to grant certain Duties of Customs and Inland Revenue, and to amend the Laws relating to Customs, Inland Revenue, and Savings Banks’. Today only one substantive provision remains in force and it does so in Scotland only. Accordingly the whole Act may now be repealed except as it extends to Scotland. 2. The various provisions of the 1877 Act have been repealed as follows- ♦ sections 2, 6-9, 13, Schedule B (Statute Law Revision Act 1883) ♦ sections 3, 5, 10, Schedule A (Customs and Excise Act 1952 9 ) ♦ section 4 (Public Authorities Protection Act 1893 10 ) ♦ section 11 (Spirits Act 1880 11 ) ♦ sections 14, 17 (Post Office Savings Bank Act 1954 12 ) ♦ section 15 (Trustee Savings Banks Act 1954 13 ) ♦ section 16 (Industrial Assurance and Friendly Societies Act 1948 14 ). 3. Today the only provision in the 1877 Act that remains in force (other than the short title in section 1) is section 12 which (as amended 15 ) provides- Transmission and custody of inventories in Scotland To the extent that the Registrar, Capital Taxes Office at Edinburgh may require, inventories of the personal or movable estate and effects of deceased persons 9 The 1952 Act, s 320, Sch 12, Pt 1. 10 The 1893 Act, s 2. 11 The 1880 Act, s 164. Sch 5. 12 The 1954 Act, s 26(1), Sch; Trustee Savings Banks Act 1954, s 82(1), Sch 3. 13 The Trustee Savings Bank Act 1954, s 82(1), Sch 3. 14 The 1948 Act, s 19(4)(b), Sch 6 Pt 1. 15 See Finance Act 1980, s 94(7), Sch 20, Pt 11, Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, ss 9, 28(2), Sch 3. 489
which shall be exhibited and recorded in Scotland, under the provisions of any Act of Parliament, shall, together with the oath or affirmation relating thereto, be transmitted by the commissary clerks or the sheriff clerks to the Registrar, Capital Taxes Office at Edinburgh; and all enactments relating to any such inventories shall be read as if the officer to or with whom inventories are thereby directed to be transmitted or lodged were the Registrar, Capital Taxes Office at Edinburgh. 4. The effect of section 12 is to- (a) empower the transmission to the Capital Taxes Office in Edinburgh of inventories of the personal or movable estate of deceased persons by commissary clerks or sheriff clerks; and (b) construe earlier documents. 5. Clearly the 1877 Act can today have effect only in Scotland. HM Revenue and Customs in Edinburgh have confirmed that section 12 is still required. Accordingly the repeal of the whole Act is proposed except, because of section 12, in relation to Scotland. Extent 6. The 1877 Act originally extended throughout the United Kingdom but today has effect only in Scotland. Consultation 7. HM Treasury, HM Revenue and Customs (including the Capital Taxes Office in Edinburgh) and the relevant authorities in Wales, Scotland and Northern Ireland have been consulted about this repeal proposal. (32-195-104) LAW/005/006/06 01 February 2008 490
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STATUTE LAW (REPEALS) BILL 2008 NOT
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STATUTE LAW (REPEALS) BILL 2008 NOT
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PART 1 ARMED FORCES GROUP 1 - ROYAL
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Consultation 10. The Ministry of De
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Greenwich Hospital Act 1883 4. The
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SCHEDULE OF CONSEQUENTIAL AND CONNE
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Military Lands Provisional Order Th
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(b) for the improvement of the Marl
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Military Lands Provisional Orders C
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land in or adjoining the parishes o
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GROUP 4 - GENERAL REPEALS _________
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7. Today, however, the Commissioner
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upon the said notice being issued t
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concurrence of the Treasury shall f
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pounds, then and in all such cases
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to be granted and payable to soldie
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Reference Extent of repeal or revoc
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8. The Schedule to the 1838 Act con
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imprisonment for a term not exceedi
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Extent ♦ Admiralty Pensions Act 1
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unsatisfactory that it should sit a
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7. The need for the 1916 Act no lon
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section 7 has ever been published a
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labour force and suppliers left unp
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6. The 1736 Act did, in the body of
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COUNTY GAOLS GROUP 2 - CAMBRIDGESHI
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(d) to empower the justices to purc
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the city’s common gaol in 1836 wa
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(i) by the justices selling off (an
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2 & 3 Vict. c.ix (1839) (Cambridge
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Status of the 1839 Act 20. The 1839
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COUNTY GAOLS GROUP 3 - CHESHIRE ___
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(e) at public expense, the demoliti
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(l) the extraction of water from pr
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(t) the making of provision for the
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13. In order to proceed further, th
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extend the life of the 1788 Act’s
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COUNTY GAOLS GROUP 4 - CUMBRIA ____
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7. For the reasons explained below,
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COUNTY GAOLS GROUP 5 - DEVON ______
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(c) insofar as the 1753 Act failed
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and the need to provide washing fac
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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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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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Page 444 and 445: Consultation 9. HM Treasury, the De
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Page 492 and 493: 16 were savings provisions drafted
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Page 506 and 507: Consultation 8. HM Treasury, HM Rev
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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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