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Scottish Law Commission (Reports)
You are here: BAILII >> Databases >> Scottish Law Commission >> Scottish Law Commission (Reports) >> Statute Law Revision: Seventeenth Report [2003] SLC 193 (Report) (November 2003)
URL: http://www.bailii.org/scot/other/SLC/Report/2003/193.html
Cite as: [2003] SLC 193 (Report)

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    The Law Commission

    and

    The Scottish Law Commission

    (LAW COM No 193)

    (SCOT LAW COM No 193)

    STATUTE LAW REVISION:

    SEVENTEENTH REPORT

    DRAFT STATUTE LAW

    (REPEALS) BILL

    Report on a Reference under Section 3(1)(e) of the Law

    Commissions Act 1965

    Presented to the Parliament of the United Kingdom by the Lord High Chancellor
    by Command of Her Majesty

    Laid before the Scottish Parliament by the Scottish Ministers

    December 2003

    Cm 6070

    SE/2003/313 £     .     

    The Law Commission and the Scottish Law Commission were set up by the Law Commissions Act 1965 for the purpose of promoting the reform of the law.

    The Law Commissioners are:

    The Honourable Mr Justice Toulson, Chairman
     Professor Hugh Beale QC
    Mr Stuart Bridge
    Professor Martin Partington CBE
    Judge Alan Wilkie QC

    The Chief Executive of the Law Commission is Mr Michael Sayers and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WC1N 2BQ.

    The Scottish Law Commissioners are:

    The Honourable Lord Eassie, Chairman
     Professor Gerard Maher QC
    Professor Kenneth G C Reid
    Professor Joseph M Thomson
    Mr Colin J Tyre QC

    The Secretary of the Scottish Law Commission is Miss Jane L McLeod and its offices are at 140 Causewayside, Edinburgh EH9 1PR.

    The terms of this report were agreed on 17 November 2003.

    The text of this report is available on the Internet at:

    http://www.lawcom.gov.uk
    http://www.scotlawcom.gov.uk

    CONTENTS

    REPORT  
       
    APPENDIX 1: DRAFT STATUTE LAW (REPEALS) BILL
       
    APPENDIX 2: EXPLANATORY NOTE ON THE DRAFT BILL
    PART 1 ADMINISTRATION OF JUSTICE
         Group 1 - Judicial Committee of the Privy Council
         Group 2 - Central Criminal Court (Prisons) Act 1881
         Group 3 - Courts Act 1971
         Group 4 - General Repeals
       
    PART 2 AGRICULTURE
         Group 1 Agricultural Development, Production and Marketing
         Group 2 General Repeals
       
    PART 3 ALLOTMENTS AND SMALLHOLDINGS
       
    PART 4 AVIATION
       
    PART 5 DEFUNCT BODIES
         Group 1 - Armed Forces
         Group 2 - Children
         Group 3 - Civil Rights and Liberties
         Group 4 - Education
         Group 5 - Electricity
         Group 6 - Fisheries
         Group 7 - Gas
         Group 8 - Mines, Minerals and Quarries
         Group 9 - National Health Service
         Group 10 - National Heritage
         Group 11 - Northern Ireland
         Group 12 - Pensions and Superannuation
         Group 13 - Ports and Harbours
         Group 14 - Railways
         Group 15 - Road Traffic
         Group 16 - Savings Banks
         Group 17 - Shipping and Navigation
         Group 18 - Taxation
         Group 19 - Telecommunications, Broadcasting and Films
         Group 20 - Weights and Measures
       
    PART 6 ECCLESIASTICAL
         Group 1 - Clergy, Benefices and Pastoral Schemes
         Group 2 - Property
         Group 3 - Tithes
         Group 4 - The Church in Wales
         Group 5 - General Repeals
       
    PART 7 EDUCATION
       
    PART 8 EMPLOYMENT
       
    PART 9 FINANCE
         Group 1 - Consolidated Fund
         Group 2 - Public Revenue and Expenditure
         Group 3 - Public Works
         Group 4 - Finance Acts
         Group 5 - Car Tax
         Group 6 - General Repeals
       
    PART 10 LOCAL GOVERNMENT
         Group 1 - Local Government Act 1972
         Group 2 - Rate Support Grant
         Group 3 - General Repeals
       
    PART 11 PENSIONS
       
    PART 12 PROPERTY
       
    PART 13 PUBLIC HEALTH
       
    PART 14 ROAD TRAFFIC
       
    PART 15 SCOTTISH ACTS
       
    PART 16 TRADE AND INDUSTRY
         Group 1 - Specific Industries
         Group 2 - General
       
    PART 17 MISCELLANEOUS
         Group 2 - Animals
         Group 2 - Banks and Building Societies
         Group 3 - Betting, Gaming and Lotteries
         Group 4 - Charities
         Group 5 - Companies
         Group 6 - Debt and Insolvency
         Group 7 - Medicine
         Group 8 - Mental Health
         Group 9 - National Trust
         Group 10 - Registration Concerning the Individual
         Group 11 - General Repeals
       
    SCHEDULE 2: CONSEQUENTIAL AND CONNECTED PROVISIONS

    THE LAW COMMISSION
    AND
    THE SCOTTISH LAW COMMISSION
    STATUTE LAW REVISION:
    SEVENTEENTH REPORT
    Draft Statute Law (Repeals) Bill
    To the Right Honourable the Lord Falconer of Thoroton, Lord High Chancellor of Great Britain, and the Scottish Ministers

  1. In pursuance of section 3(1)(d) of the Law Commissions Act 1965, we have prepared the draft Bill which is Appendix 1 and recommend that effect be given to the proposals contained in it. An explanatory note on the contents of the draft Bill forms Appendix 2.

  2. The report recommends the repeal of enactments which have been identified, after detailed research and consultation, as being spent, obsolete, unnecessary or otherwise not now of practical utility.[1] The proposals have been widely canvassed with the government departments and other bodies concerned, including 'the relevant authorities' throughout Wales, Scotland and Northern Ireland.[2] Full details of the proposals are set out in the Notes on the Bill which are available from the Law Commissions.

  3. The report is submitted in pursuance of the Law Commissions' programme on statute law. The broad objective of this programme is to modernise and simplify the statute book.

    4. (Signed) ROGER TOULSON RONALD D MACKAY
      Chairman, Law Commission Chairman, Scottish Law Commission
      HUGH BEALE GERARD MAHER
      STUART BRIDGE KENNETH G C REID
      MARTIN PARTINGTON JOSEPH M THOMSON
      ALAN WILKIE COLIN TYRE
      MICHAEL SAYERS MISS JANE L MCLEOD
      Chief Executive Secretary

    17 November 2003

Note 1    The enactments proposed for repeal are specified in Schedule 1 to the draft Bill. The Schedule is divided into Parts, some of which are subdivided into Groups. The Parts are, in accordance with the drafting practice adopted in Statute Law (Repeals) Acts since 1975, presented according to their alphabetical order of title with a Part at the end dealing with miscellaneous repeals.    [Back]

Note 2    Where the proposals extend to Wales, those consulted include the Wales Office and the Counsel General to the National Assembly for Wales (referred to in the report as ‘the relevant authorities in Wales’). Where the proposals extend to Scotland, those consulted include the Scottish Executive and the departments responsible for reserved matters in relation to Scotland (referred to in the report as ‘the relevant authorities in Scotland’). Where the proposals extend to Northern Ireland, those consulted include the Northern Ireland Office and the First Legislative Counsel for Northern Ireland (referred to in the report as ‘the relevant authorities in Northern Ireland’).    [Back]

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URL: http://www.bailii.org/scot/other/SLC/Report/2003/193.html