STATUTE LAW REVISION: SIXTEENTH ... - Law Commission

More documents

Recommendations

Info

In each of these six cases, the particular District Council to which the Local Act relates and the Scottish Office Development Department were consulted about repeal and had no objection. 79 Group 3 - Education 80 Scotch Education Department Provisional Order Confirmation (Ardchattan and Muckairn) Act 1884 81 Scotch Education Department Provisional Order Confirmation (Edinburgh) Act 1904 82 Transfer of Training Colleges (Scotland) Order Confirmation Act 1908 83 Glasgow Education Authority (Juvenile Delinquency) Order Confirmation Act 1926 84 7.1 These four Acts appeared to be redundant. In the case of the first two, the specific powers of compulsory purchase they conferred had been exercised long ago and the Acts were therefore spent. In the case of the third Act, events had overtaken it insofar as teacher training throughout Scotland had subsequently been re-organised in accordance with Public General legislation. Likewise the fourth Act had been overtaken by Public General legislation concerning the treatment of young offenders. In all cases the interested parties, namely the Local Education Authorities and the Scottish Office Education Department, were consulted about repeal and had no objection. 85 Group 4 - Insurance Companies 86 Scottish Marine Insurance Company Act 1841 87 Glasgow Marine Insurance Company Act 1843 88 Scottish Union Insurance Company Act 1847 89 Scottish National Insurance Company’s Incorporation Act 1859 90 City of Glasgow Life Assurance Company’s Act 1861 91 Scottish Imperial Insurance Company’s Act 1884 92 City of Glasgow Life Assurance Company Act 1892 93 Norwich Union Life Insurance Society (Scottish Imperial Fusion) Act 1906 94 7.1 Numerous Scottish Insurance Companies were identified by title in the trawl of the Local Table. Those Companies not recognisable as currently operating were traced with the assistance of the Association of British Insurers, which identified currently operating Insurance Companies having specific interests in the old Acts. As it transpired, Norwich Union Insurance Company Limited had the relevant interest in most of them. In the case of the first two named Acts, however, research was required in the Archive Records of the Association of Underwriters and Insurance Brokers in Glasgow and in the Companies Office, Edinburgh. In the case of Scottish Marine Insurance, the Company was found to have been wound up only three years after the relevant Act was passed, while in the case of Glasgow Marine Insurance, the Company had been dissolved after its name had been removed from the Companies Register in 1976, since it had not traded for many years, if ever. As mentioned earlier, all the other Insurance Companies named in the list of Acts had, in some form or another, been assimilated with Norwich Union Insurance Company Limited which was consulted about the proposed repeals and had no objection. 86
95 Group 5 - Local Authority Finance 96 Dunoon Burgh (Pavilion Expenditure) Order Confirmation Act 1954 97 Midlothian County Council Order Confirmation Act 1970 98 West Lothian County Council Order Confirmation Act 1970 99 Aberdeen Corporation Order Confirmation Act 1970 100 Dundee Corporation Order Confirmation Act 1970 101 Lanarkshire County Council Order Confirmation Act 1971 102 103 Renfrew County Council Order Confirmation Act 1974 7.1 The repeals proposed are of Local Acts which have already been subject to the operation of the general repeal (or general cesser) explained in the following two paragraphs. 7.2 Section 225 of the Local Government (Scotland) Act 1973 8 (“the 1973 Act”) provided that any local statutory provision in force immediately before 16 May 1975 (date of commencement of local government re-organisation in Scotland) was to continue to have effect despite reorganisation, but only in the area to which it had applied before that date. However, every such local statutory provision which had been promoted or applied for by a Local Authority (as defined in section 225 of the 1973 Act) was repealed - but only in general terms - and with effect on a specified future date. This particular enactment is known as “the general cesser”. That date was originally 31 December 1979, then 31 December 1982 and ultimately 31 December 1984. This extended interim period was provided in order to allow each new District or Regional Council to review, after 16 May 1975, the accumulation of Local Authority-promoted local legislation affecting any part of its area and to promote fresh legislation to re-enact those powers which it would in future require. The intention was that, throughout Scotland, Local Authority-promoted local legislation would thus be both modernised and rationalised. The Secretary of State for Scotland was empowered to postpone the date of general cesser beyond December 1984 in respect of particular named local authorities - since it was recognised that for some new local authorities the task of examining and then rationalising inherited local legislation would be a formidable one. In fact, no fewer than seven Postponement of Repeal Orders 9 were made, the final one postponing the repeal date for the last two named local authorities until 31 December 1991. 7.3 No District or Regional Council did implement in full the intention behind the enactment of section 225. Many, but by no means all, promoted fresh legislation to re-enact particular powers still required, but they did not usually expressly repeal those other local statutory provisions which had ceased to be of use or which were affected by the terms of the general cesser. This omission would not in itself have caused confusion and uncertainty if every Local Authority-promoted local statutory provision had indeed ceased to have effect on 31 December 1984 (or on the date fixed in the subsequent Postponement of Repeal Order), but the general cesser in section 225(6) of the 1973 Act expressly did not apply to 8 1973 c.65. 9 See S.I. 1984 No 1926; 1985 No 1629; 1986 No 2034; 1987 No 2090; 1988 No 2106; 1989 No 2223 and 1990 No 2370. 87
Page 1 and 2:
LAW COMMISSION SCOTTISH LAW COMMISS
Page 3 and 4:
THE LAW COMMISSION AND THE SCOTTISH
Page 5 and 6:
Statute Law (Repeals) 1 DRAFT OF A
Page 7 and 8:
Statute Law (Repeals) 3 SCHEDULES S
Page 9 and 10:
Statute Law (Repeals) 5 Chapter or
Page 11 and 12:
Page 13 and 14:
Page 15 and 16:
Statute Law (Repeals) 11 PART V HER
Page 17 and 18:
Page 19 and 20:
Page 21 and 22:
Page 23 and 24:
Page 25 and 26:
Page 27 and 28:
Page 29 and 30:
Page 31 and 32:
Page 33 and 34:
Page 35 and 36: Statute Law (Repeals) 31 Chapter or
Page 43 and 44: Statute Law (Repeals) 39 Sea Fisher
Page 45 and 46: APPENDIX 2 Explanatory Note on the
Page 47 and 48: - in section 29, references to wron
Page 49 and 50: Office Development Department have
Page 51 and 52: in length 21 years or ‘three lyve
Page 53 and 54: from the tithe rentcharge had to pa
Page 55: 2.7 Exchange of glebe lands. The Ti
Page 58 and 59: expired 5 and the repeals proposed
Page 60 and 61: PART IV FINANCE 22 Group 1 - Coloni
Page 62 and 63: provisions of the Loan Societies Ac
Page 64 and 65: VAT on energy saving materials. The
Page 66 and 67: problems, 4 since new authorities n
Page 68 and 69: cesser but which are no longer need
Page 70 and 71: Lower Avon Navigation. It is not pr
Page 72 and 73: (c) provisions giving protection ag
Page 74 and 75: the bridges concerned are now toll-
Page 76 and 77: epeal so far as it relates to the f
Page 78 and 79: that each of these persons pastured
Page 80 and 81: the Department of the Environment,
Page 82 and 83: the procedural provisions of earlie
Page 84 and 85: 7.5 The trawl mentioned above graph
Page 88 and 89: “provisions relating to a statuto
Page 90 and 91: the second specifying the short tit
Page 92 and 93: PART VIII SLAVE TRADE ACTS 147 Summ
Page 94 and 95: attempting to convey slaves from on
Page 96 and 97: penalties for which they provide 17
Page 98 and 99: 8.4, these “existing slave trade
Page 100 and 101: authorised to make seizures under t
Page 102 and 103: PART IX STATUTES 156 Group 1- Statu
Page 104 and 105: so far as their effect is preserved
Page 106 and 107: PART X MISCELLANEOUS 159 Group 1 -
Page 108 and 109: which included sewerage, water supp
Page 110 and 111: unqualified practitioners, occasion
Page 112 and 113: epealed on the basis that it has al
Page 114: Paragraph 93 would have amended sec
show all

STATUTE LAW REVISION: SIXTEENTH ... - Law Commission

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?