Statute Law Repeals - Law Commission - Ministry of Justice

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APPENDIX 2 EXPLANATORY NOTE ON THE DRAFT BILL CLAUSES 1 – 3 70 (Report, paragraph 1) Clause 1 1 Clause 1 repeals the enactments contained in Schedule 1 and introduces the savings in Schedule 2. Clause 2 2 Subsection (1) has the effect of extending the Bill throughout the United Kingdom (ie England and Wales, Scotland and Northern Ireland). 3 Subsection (2) provides power by Order in Council to extend the Bill’s effect to the Channel Islands, the Isle of Man and any British overseas territory. Clause 3 4 Clause 3 provides for the short title and commencement. The Bill will come into force upon Royal Assent. SCHEDULES 1 AND 2 TO THE DRAFT BILL 5 The following pages explain the repeals contained in Schedule 1 and the savings contained in Schedule 2.
EXPLANATORY NOTE ON THE DRAFT BILL SCHEDULE 1: REPEALS PART 1 BENEVOLENT INSTITUTIONS INTRODUCTION 1.1 The repeal proposals in this opening part of the report relate to a variety of benevolent institutions. Many of these institutions are, or were, charitable bodies such as schools, hospitals and almshouses which were established in the 18 th or 19 th centuries to meet the needs of the poor, sick or elderly. 1.2 The Acts proposed for repeal have become obsolete either because the institutions to which they relate have ceased to exist or because the Acts in question no longer serve any useful purpose (often because they have been superseded by schemes made by the Charity Commission). 1 These proposals relate only to institutions operating in England or, in some cases, in Ireland. The individuals and organisations consulted about these proposals are set out in Appendix 3. GROUP 1 – SUTTON’S HOSPITAL IN CHARTERHOUSE 1.3 The charity known as Sutton’s Hospital in Charterhouse was established by Thomas Sutton in 1611 and was incorporated that year by Letters Patent granted by James 1 as confirmed by an Act of 1627. 2 The aims of the charity have always been to provide care and support to elderly men who find themselves in need of assistance, and to educate poor scholars. The Hospital 3 is situated in Charterhouse Square in central London. In 1872 the school run by the charity (Charterhouse School) moved from London to Godalming in Surrey and was subsequently reconstituted as a separate charity. 4 1 The Charity Commission has the same jurisdiction and powers as are exercisable by the High Court in charity proceedings for a variety of purposes including establishing a scheme for the administration of a charity: Charities Act 1993, s 16(1)(a). Such a scheme can supersede the arrangements, provided for by Act of Parliament, for an individual charity’s constitution including its purposes and powers. Many of the Acts proposed for repeal in this part of the report have become obsolete because the constitutional arrangements which they provided for individual charities have since been superseded by schemes made by the Charity Commission. 2 3 Cha.1 c.1 (Foundation of Sutton’s Hospital in Charterhouse). 3 “Hospital” is used in the ancient sense of meaning a charitable institution for the housing and maintenance of the needy, aged or infirm. In this sense “hospital” does not imply a primary function of providing medical support for the residents. 4 The repeals proposed for Sutton’s Hospital do not affect the school. 71
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The Law Commission and The Scottish
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LAW COMMISSION SCOTTISH LAW COMMISS
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Paragraph Page PART 11 TURNPIKES 32
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Appendix 1 - Draft Statute Law (Rep
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2 SCHEDULES Statute Law (Repeals) B
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4 GROUP 7 - BETHLEM HOSPITAL Refere
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6 Reference Extent of repeal 3 & 4
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8 GROUP 3 - EXTRADITION Reference E
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10 GROUP 5 - CEYLON RAILWAY COMPANY
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12 Reference Extent of repeal Scind
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14 Reference Extent of repeal 5 & 6
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16 55 Geo.3 c.xciii (1815) (City of
Page 26 and 27: 18 Reference Extent of repeal 32 Ge
Page 30 and 31: 22 Reference Extent of repeal Londo
Page 34 and 35: 26 Reference Extent of repeal Local
Page 36 and 37: 28 Reference Extent of repeal Bourt
Page 38 and 39: 30 Reference Extent of repeal Kensi
Page 40 and 41: 32 Statute Law (Repeals) Bill Sched
Page 42 and 43: 34 Reference Extent of repeal South
Page 44 and 45: 36 Reference Extent of repeal Wensu
Page 46 and 47: 38 Reference Extent of repeal Deal
Page 48 and 49: 40 Reference Extent of repeal Bodmi
Page 50 and 51: 42 Reference Extent of repeal Oswes
Page 52 and 53: 44 Reference Extent of repeal South
Page 54 and 55: 46 Reference Extent of repeal Railw
Page 56 and 57: 48 Reference Extent of repeal Railw
Page 58 and 59: 50 Reference Extent of repeal Midla
Page 60 and 61: 52 Statute Law (Repeals) Bill Sched
Page 62 and 63: 54 Income Tax (Trading and Other In
Page 64 and 65: 56 GROUP 3 - PERSONAL ACCOUNTS DELI
Page 68 and 69: 60 Reference Extent of repeal 4 Geo
Page 70 and 71: 62 Reference Extent of repeal Strou
Page 72 and 73: 64 Reference Extent of repeal 3 & 4
Page 74 and 75: 66 Reference Extent of repeal 6 Geo
Page 78 and 79: 1.4 Although the charity continues
Page 80 and 81: 1.15 The charity operates today not
Page 82 and 83: GROUP 6 - THE PHILANTHROPIC SOCIETY
Page 84 and 85: GROUP 8 - EARL OF LEICESTER’S HOS
Page 86 and 87: 1.39 The Middlesex Hospital subsequ
Page 88 and 89: 1.48 Management of the Hospital was
Page 90 and 91: 1.58 In the event the 1810 Act prov
Page 92 and 93: 1.68 The Hospital for Poor French P
Page 94 and 95: 1.77 The purpose of the Westminster
Page 96 and 97: 1.84 The sole purpose of the Mason
Page 98 and 99: 1.90 The scheme confirmed by the Wh
Page 100 and 101: 1.97 The Lucas’s Hospital Charity
Page 102 and 103: 1.104 The charity still exists. Kno
Page 104 and 105: Jesus Hospital, Chipping Barnet 1.1
Page 106 and 107: Buckingham’s Charity (Dunstable)
Page 108 and 109: PART 2 CIVIL AND CRIMINAL JUSTICE I
Page 110 and 111: 2.9 In our consultation paper we in
Page 112 and 113: 2.16 All that remains of the Statut
Page 114 and 115: 2.23 Sections 1 and 2 of the 1803 A
Page 116 and 117: 2.30 That amendment was superseded
Page 118 and 119: 2.38 The 1809 Act extended the 1551
Page 120 and 121: 2.46 Having examined the totality o
Page 122 and 123: 3.5 In 1858 the British Crown assum
Page 124 and 125: Bengal and North Western Railway Co
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3.23 The company continued to expan
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3.30 Construction commenced in 1856
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3.35 The revised project (Burdwan t
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3.46 The East Indian Railway Compan
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3.55 The purpose behind the Eastern
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3.63 By an agreement made in Decemb
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3.69 On transfer, and prior to diss
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Scinde Railway Company 3.78 The Sci
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3.85 In September 1858 the railway
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PART 4 IRELAND (DUBLIN CITY) INTROD
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4.9 The City of Dublin Steam Packet
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4.18 In 1829 the Foundling Hospital
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GROUP 3 - DUBLIN POLICE AND JUSTICE
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4.41 By the mid 19 th century more
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4.51 Today the Public Record Office
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PART 5 LOCAL COURTS AND ADMINISTRAT
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GROUP 3 - DERBYSHIRE High Peak and
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5.17 The Hereford County Offices Ac
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5.27 The Lincolnshire County Office
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5.37 The City of London Courts of J
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5.47 The Northumberland Gaol and Co
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5.57 The Ipswich Assizes Act 1836 3
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5.66 The 1840 Act was supplemented
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5.77 The 1839 Act specifically prov
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PART 6 LONDON INTRODUCTION 6.1 This
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Building of Churches, London and We
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Ealing Church Act (1738) 6.14 The m
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St Bride Church Act (1792)/ St Brid
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Bridewell Hospital Chapel Act (1807
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Charterhouse Square Rates Act (1742
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6.38 The 1754 Act has long ceased t
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Christchurch, Middlesex Act (1772)/
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Southwark Streets Act (1778) 6.52 T
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Hans Town, Chelsea Improvement Acts
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Temple Bar Improvement Acts of 1800
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Southwark Improvement Act (1804) 6.
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6.77 The works in question included
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GROUP 4 - MARKETS South London Mark
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6.90 The 1882 Act incorporated a bo
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Paddington Market Act 1883 6.97 The
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6.104 As explained above in relatio
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Port of London Act (1806) 6.111 Thi
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Orphans’ Fund, City of London Act
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South London Polytechnic Institutes
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PART 7 LOTTERIES INTRODUCTION 7.1 D
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7.11 The three survivors sought to
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POOL BETTING 7.21 The Pool Competit
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PART 8 POOR RELIEF INTRODUCTION 8.1
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8.8 The Corporation purchased a sit
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8.17 The preamble to the St Botolph
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8.29 The preamble to the Forehoe Po
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Stone Poor Relief Act of 1792 8.42
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8.53 In the event the directors use
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8.63 The amendments made by the 181
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Hull Poor Relief Act of 1824 8.75 T
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Shrewsbury Poor Relief Act of 1826
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GROUP 2 - PROVISIONAL ORDER CONFIRM
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Local Government Board’s (Poor La
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PART 9 RAILWAYS INTRODUCTION 9.1 A
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9.11 The effect of a warrant of aba
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(5) Birmingham and Lichfield Juncti
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9.31 In the event, the railway proj
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(15) Kensington Station and North a
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(20) North East London Railway Comp
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(25) Sandbach and Winsford Junction
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9.73 A further ground for repealing
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(34) Uxbridge and Rickmansworth Rai
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9.93 The Westminster Terminus Railw
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Hadlow Railway Act 1863 9.102 The H
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Bude Canal and Launceston Junction
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Great Northern Railway (Barnet Bran
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Ilfracombe Railway (Abandonment) Ac
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Fareham Railway Abandonment Act 187
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Bodmin and Wadebridge and Delabole
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Wednesfield and Wyrley Bank Railway
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Skipton and Kettlewell Railway (Aba
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Bishop’s Castle and Montgomery Ra
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Burnley Clitheroe and Sabden Railwa
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Felixstowe and Bawdsey Ferry Railwa
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Worcester and Broom Railway (Abando
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Lincoln and East Coast Railway and
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Clyde Ardrishaig and Crinan Railway
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1853: Liverpool, Crosby and Southpo
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Railway Rates and Charges, No.1 (Ab
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Railway Rates and Charges, No.16 (N
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1893: Provisional Order Confirmatio
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9.222 The Company’s construction
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Midland Great Western Railway of Ir
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(2) Railway Companies (Accounts and
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10.5 A large proportion of the repe
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Finance Act 1973 10.15 Schedule 16A
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10.26 Schedule 30 to ICTA 1988 (wit
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10.34 Sections 450 to 452 and a new
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10.51 Section 92(1), (2) of FA 1989
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Finance (No. 2) Act 1992 10.61 Sect
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10.76 Section 138 of, and Schedule
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10.90 Section 512 was repealed by F
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10.104 Section 25(1) of F (No.2) A
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10.117 Schedule 3 to FA 1998 (and s
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10.129 Schedule 30 to FA 2000 (with
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10.141 Schedule 1 paragraph 457(3)
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Edinburgh Two Pennies Scots Act (18
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Kelso Two Pennies Scots Act (1824)
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Aberbrothock Two Pennies Scots Act
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PART 11 TURNPIKES INTRODUCTION 11.1
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11.9 The antiquity of these turnpik
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Berks Roads Act of 1778 29 : expire
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Road from Chipping Campden to Old S
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Nuffield and Faringdon Road Act of
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11.17 The list of Surrey turnpike A
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Godstone and Highgate Turnpike Trus
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11.24 The enactments in the first p
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Menai and Conway Bridges Act of 183
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Buildwas Bridge and Tern Bridge Roa
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348 (Report, paragraph 1) APPENDIX
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Huguenot Society of Great Britain a
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Crown Prosecution Service Foreign a
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Leicestershire County Council Linco
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Port of London Authority Royal Boro
Page 364 and 365:
Lincoln City Council Lincolnshire C
Page 366 and 367:
Derbyshire County Council Devon Cou
Page 368 and 369:
Office of Rail Regulation Plymouth
Page 370 and 371:
Office of Tax Simplification Revenu
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Statute Law Repeals - Law Commission - Ministry of Justice

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