STATUTE LAW REVISION: SIXTEENTH ... - Law Commission

(f) provisions giving protection to the Bishop of Worcester and the
Corporation of Worcester against the exercise of powers which
are proposed for repeal;
(g) obsolete and spent provisions relating to ferries which were
replaced by bridges or whose value was likely to be reduced by
them;
(h) obsolete and spent provisions relating to the provision and
maintenance of approach roads to bridges.
38 Miscellaneous Provisions
5.1 The proposed repeals include a number of local statutory provisions of a
miscellaneous nature which have either ceased to have effect in accordance with
section 262(9) of the Local Government Act 1972 or which have been identified
in the course of consultation as being expired, obsolete, spent or unnecessary.
5.2 The church rebuilding and repairing Acts for All Saints, Worcester 1737 (c 5),
Saint Nicholas, Worcester 1738 (c 4), Kidderminster 1785 (c 94) and Ombersley
1814 (c.ccxviii) all empowered trustees to carry out the necessary work and to
levy rates to pay for it. As a result the Acts have ceased to have effect in
accordance with section 262(9) 63 of the Local Government Act 1972, except for a
number of obsolete protective provisions and a protective provision in the Act of
1814 which has a continuing operation.
5.3 The Act of 1782 (c 112) set up a turnpike trust for certain roads in the former
county of Herefordshire. It was passed for the usual term of 21 years which was
not extended, and it has therefore expired. The Worcester roads Act of 1795
(c 133) is spent and obsolete. It authorised the completion of a new entrance
road into Worcester subject to the payment of tolls, and it increased the tolls
payable under an Act of 1788 (c 88) which was repealed by the Worcester roads
Act 1816 (c.xlvi). 64 Section 29 of the Act relating to Lord Scudamore’s charity
1840 (c.cxxv) is spent. It repealed certain provisions in the Hereford
improvement Act 1774 (c 38) which has been wholly repealed.
5.4 The Local Government Board’s Provisional Order Confirmation (No.3) Act 1893
is spent. It confirmed one order which repealed 15 orders relating to 12 local
authorities for seven of which it has been repealed. 65 The Act is proposed for
63 Such provisions include the provision of a local Act the Bill for which was promoted by a
“local authority” which is defined by section 262(13) as including trustees invested by any
local Act with powers of town government or rating.
64 Some of the increased tolls apparently remained payable after 1816 but they had ceased
to be so by the time the 1816 Act was repealed by the Worcester Turnpike Roads Act 1835
(c.lxiii).
65 Aberystwyth - Dyfed Act 1987 (c.xxiv), s 78(2), Sch 3 Pt II(B); Bognor - Ministry of Health
Provisional Order Confirmation (No 8) Act 1924 (c.lxxiv), art 4(3), Sch 1 of Bognor Order;
Bridlington - Humberside Act 1982 (c.iii), s 102(2), Sch 8 Pt II; Cockermouth - Cumbria Act
1982 (c.xv), s 69(2), Sch 4 Pt II; Llanelly - Dyfed Act 1987 (c.xxiv), s 78(2), Sch 3 Pt II (B);
Ormskirk - County of Lancashire Act 1984 (c.xxi), s 146(2)(b), Sch 8 Pt I; Sheerness -
County of Kent Act 1981 (c.xviii), s 133(2), Sch 7 Pt II.
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