STATUTE LAW REVISION: SIXTEENTH ... - Law Commission

unqualified practitioners, occasioned by the absence of free treatment and the
social stigma attaching to the disease which tended to keep hidden any infection.
While the Act applies throughout the United Kingdom, the prohibition on advice
and treatment has never applied to substantial areas of the United Kingdom.
Moreover, as a consequence of fundamental changes in the social climate and in
the provision of medical services since 1917, the Act has lost any useful
purpose. Free treatment of the disease is now available throughout the country
by qualified medical practitioners through the National Health Service and there
is widespread knowledge of the existence of clinics providing such treatment. By
contrast, advice and treatment by unqualified practitioners for many other and
equally dangerous diseases and conditions (such as HIV) have never been
subject to regulation. Thus today the prohibition on advice by unqualified
practitioners in this field alone in order to combat concealment of the disease is
unnecessary. So far as advertising advice and treatment is concerned,
advertisements likely to lead to the use of any substance for the treatment of
venereal disease except under the instruction of a doctor are now prohibited by
regulations 7 , and these regulations provide sufficient control over advertising of
treatment and remedies. The 1917 Act is therefore proposed for repeal as
unnecessary and as having no practical utility. The Department of Health, the
Welsh Office, the Scottish Office Home and Health Department, the Crown
Office and the authorities in Northern Ireland have been consulted and have no
objection to the proposed repeals.
173 Government Annuities Act 1929
10.1 The textual amendments to the Government Annuities Act 1929 (so far as
explicit references to “Scotland” are concerned) are consequential repeals
arising from the earlier repeal “in so far as they apply to Scotland” of provisions in
the 1929 Act, by section 8 of the False Oaths (Scotland) Act 1933. Section 8 of
the 1933 Act did not explicitly remove the word “Scotland” from the subsections
of the 1929 Act (which were repealed only for Scotland). Since those
subsections are still in force in parts of the United Kingdom other than Scotland,
the actual references to “Scotland” are being removed since they are redundant.
The Crown Office and the Scottish Office were consulted about the proposed
repeal and had no objection to it.
174 Government of India Act 1935
10.1 The Government of India Act 1935 was the constitutional foundation for British
rule in India from 1935 until the passing of the Indian Independence Act 1947.
Most of the 1935 Act was repealed in the laws of the United Kingdom 8 by the
Statute Law (Repeals) Act 1976. There are only two substantive provisions
remaining both of which are spent or obsolete. The first of these provided for the
adaptation, by Order in Council, of Acts of Parliament containing references to
India. This power was exercised on two occasions. 9 All the adaptations made
under these Orders have either been repealed or are obsolete. The other
provision is an obsolete amendment to the Interpretation Act 1889. Both
7
The Medicines (Labelling and Advertising to the Public) Regulations 1978, SI 1978 No 41
(as amended).
8 The 1935 Act was repealed in the laws of India by Article 395 of the Constitution of India.
9 SR &0 1937 No 230 and SR&0 1946 No 2237.
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