STATUTE LAW REVISION: SIXTEENTH ... - Law Commission

provisions of the Loan Societies Act 1840 (which extends to England and Wales
only) regulate their activities. In some respects analogous to Friendly Societies,
the main object of Loan Societies was to afford assistance to members. As well
as providing for the protection of the funds, and preventing Loan Societies from
being unlawful associations under the Companies Acts, authorisation as a Loan
Society gave protection against the usury laws, the rates of interest usually
charged by the Societies being relatively high. The 1840 Act prevented a Society
from lending anyone more than £15 at a time. 6
4.2 Though once vigorous and numerous, these Societies gradually declined to the
point where the last one was removed from the Register maintained under the
1840 Act on 3rd April 1996. The 1840 Act is therefore spent and may safely be
repealed. There would be consequential repeals to the Administration of Estates
(Small Payments) Act 1965 and to the Local Government Act 1985. The
Registrar of Friendly Societies and the Treasury have no objection to the
proposed repeals.
29 Group 5 - General Repeals
30 The Public Offices Fees Act 1879, section 8(2)
4.1 The Public Offices Fees Act 1879 provides for the collection of fees payable in
public offices, the expenses of which are paid wholly or partly out of the
Consolidated Fund or from moneys provided by Parliament. Such fees include
court fees throughout the United Kingdom. Section 8 of the 1879 Act repealed
the Public Offices Fees Act 1866 and other Acts relating to the collection of fees
to which the 1879 Act applies. However, section 8(2) of the 1879 Act had the
effect of maintaining in force orders made under the repealed Acts until such
time as the orders were superseded by orders made under the 1879 Act or
otherwise. A comprehensive identification of all orders and instruments directing
payment of fees under the repealed Acts has demonstrated that they have long
been superseded. Section 8(2) of the 1879 Act is therefore spent and may be
repealed accordingly. The Lord Chancellor’s Department, the Treasury, the
Scottish Courts Administration and the authorities in Northern Ireland have been
consulted and have no objection to the proposed repeal.
31 Superannuation Act 1965, section 38(2)
4.1 Section 38(1) of the Superannuation Act 1965 empowers the Treasury to make
rules with respect to the superannuation benefits payable to or in respect of
persons who have been employed in more than one public office. 7 Subsection
(2) provides that such rules may modify any enactments forming part of the law
of the United Kingdom or of the Isle of Man and may apply the provisions of the
civil service scheme in substitution for any enactments forming part of the law of
the United Kingdom or of the Isle of Man. The superannuation of public servants
in the Isle of Man is now provided by its own legislation under which schemes
6 Loan Societies Act 1840, s.13.
7 The 1965 Act consolidated the Acts relating to the superannuation of civil servants and
was, for the greater part, repealed by the Superannuation Act 1972 and replaced by the
Principal Civil Service Pension Scheme made under section 1 of the 1972 Act. Sections
38 and 39, however, remain in force.
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