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STATUTE LAW REVISION: SIXTEENTH ... - Law Commission

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APPENDIX 2<br />

Explanatory Note on the Draft Bill<br />

46<br />

(Report, paragraph 1)<br />

1 CLAUSES 1 – 3<br />

1. Clause 1 repeals the enactments mentioned in Schedule 1 and introduces the<br />

consequential and connected provisions in Schedule 2.<br />

Clause 2<br />

2. Subsection (1) has the effect of extending the Bill throughout the United Kingdom<br />

(i.e. England and Wales, Scotland and Northern Ireland).<br />

3. Subsection (2) has the effect of extending the Bill to the Isle of Man. This has<br />

been agreed to by the authorities in the Isle of Man. The repeals in Schedule 1<br />

which affect the Isle of Man include those relating to the following Acts:<br />

Superannuation Act 1965 (Part IV)<br />

Slave Trade Acts 1824 and 1873 (Part VIII)<br />

Public Notaries Act 1843 (Part X)<br />

Act of Attainder 1533 (Part X)<br />

Pains and Penalties Act 1722 (Part X)<br />

4. Subsection (3) has the effect of providing that two of the repeals listed in<br />

Schedule 1 will come into force only once an Order in Council has been made to<br />

that effect. (All the other repeals in Schedule 1 come into force automatically<br />

upon Royal Assent). This arrangement is at the request of the Isle of Man<br />

authorities.<br />

5. Subsection (4) provides power by Order in Council to extend the Bill’s effect to<br />

the Channel Islands and any colony.<br />

6. Subsection (5) makes it clear that, subject as already provided in clause 2, the<br />

Bill once enacted has no effect outside the United Kingdom and the Isle of Man.<br />

7. Subsection (6) ensures that the provisions in subsections (4) and (5) have effect<br />

in relation to statutory instruments as well as enactments.<br />

8. Clause 3 provides the short title. Subject to subsection (3) of clause 2, the Bill<br />

will come into force upon Royal Assent.

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