STATUTE LAW REVISION: SIXTEENTH ... - Law Commission

epealed on the basis that it has already been virtually repealed. The
Department for Education and Employment has been consulted and has no
objection to the proposed repeal.
177 Post Office Act 1969, section 113
10.1 Section 113 of the Post Office Act 1969 provided that the Post Office Corporation
(established by the Act) should, for the purpose of assessing its commencing
capital debt, be given certain credits by way of compensation for capital
expenditure previously incurred by the Postmaster General in the provision of
land, buildings or works. The amount of the credit was to be the net book value
of the land, buildings and works in each case. The total sum due by way of
compensation was to be certified as soon as possible after the appointed day by
the Minister, and the sum so certified was to be deducted from the Corporation’s
commencing capital debt with effect from the appointed day. 14 The section was
accordingly spent when the amount of compensation was duly certified. The
Department of Trade and Industry and the Post Office have been consulted and
have no objection to the repeal.
178 Housing Act 1985, sections 173 and 174(b)
10.1 Part V of the Housing Act 1985 gave rights to buy to tenants of public sector
landlords. Tenants with a right to buy were also given a right to be granted a
‘shared ownership lease’ if they were unable to buy the lease outright. Section
173 and section 174(b) of the 1985 Act made special provisions as to the
circumstances in which a tenant with a shared ownership lease could acquire the
freehold or an extended lease under Part I of the Leasehold Reform Act 1967.
However, the Housing and Planning Act 1986 excluded from the operation of the
Leasehold Reform Act 1967 all shared ownership leases granted under Part V of
the Housing Act 1985. Accordingly sections 173 and 174(b) have been
superseded and may be repealed as having no practical utility. The Department
of the Environment has been consulted and has no objection to the proposed
repeals.
179 Clean Air Act 1993, section 30(4)
10.1 Section 30 of the Clean Air Act 1993 empowers the Secretary of State to make
regulations for the purpose of limiting or reducing air pollution caused by motor
fuel. Subsection (4) provides that it shall be the duty of every local weights and
measures authority to enforce such regulations, and that the provisions of
section 26(2) and (3) of the Trade Descriptions Act 1968 shall apply for the
purposes of this function as they apply to functions under the 1968 Act. In fact
the reference to section 26(3) of the 1968 Act is otiose since section 26(3) was
repealed by the Local Government, Planning and Land Act 1980. 15 Accordingly
section 30(4) of the 1993 Act may be amended to reflect this repeal, and it is
proposed that references in the subsection to section 26(3) of the 1968 Act be
repealed as spent. The further provision in Schedule 2 to the draft Bill is
consequential on this repeal. The Department of the Environment and the
14
The appointed day was 1 October 1969: Post Office Act 1969 (Appointed Day) Order 1969,
SI 1969 No 1066.
15 Section 1(4), Schedule 4, paragraph 10(a); section 194, Schedule 34 Part IV.
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