STATUTE LAW REVISION: SIXTEENTH ... - Law Commission

the procedural provisions of earlier legislation. This is a legislative short cut
which, though convenient at the time, can obstruct the statute law reform
process at a later date. For example, it has not been practicable to propose the
repeal of section 10 (rules as to application to the Inclosure Commissioners) or
section 11 (rules applying at a local inquiry held by the Commissioners) because
later enactments 19 (not within the present repeal proposals) require that the
Board of Agriculture or “the Ministry” (now in either case the Secretary of State)
is to have regard to the same considerations 20 and if necessary hold the same
inquiries as are directed by the Commons Act 1876. There are ways of dealing
with such problems other than leaving the earlier provisions in place but they
tend to involve technical and sometimes lengthy amendments to the statutory
provisions affected.
45 Conclusion
6.1 The Department of the Environment, Transport and the Regions, the Welsh
Office, and the Ministry of Agriculture, Fisheries and Food have been consulted
and have accepted the proposals. The latter commented that, although the main
purpose of the legislation was agricultural improvement, clearly the legislation
was unlikely to achieve this purpose in the present day and age. The proposals
outlined above reflect that view. The legislation, by providing elaborate
procedures for extinguishing ancient private rights over private land, were
essentially a nineteenth and early twentieth century attempt to resolve problems
whose roots lay in the economic and social conditions of mediaeval England.
The legislation itself has no continuing practical utility (none of it has been
invoked for at least 75 years) and, being obsolete, is now long overdue for
repeal.
19 Section 3 of the Law of Commons Amendment Act 1893, section 22(2) of the Commons
Act 1899, and section 194(1) of the Law of Property Act 1925. Other provisions of similar
effect are section 23 of the National Trust Act 1971, section 15 of the New Parishes
Measure 1943 (No 1), and section 28 of the Land Settlement (Facilities) Act 1919.
20
Including the benefit of the neighbourhood as well as private interests: section 10 (rules 3,
4 and 6).
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