Statute Law Revision Act 2009

1. Definitions.

1.— In this Act—

“ local and personal Act ” means a statute enacted as a local and personal Act, or published in any official series of local and personal Acts (howsoever described);

“private Act” means a statute enacted as a private Act, or published in any official series of private Acts (howsoever described);

“P.R.O. vol. 3” has the same meaning that it has for the purposes of the Schedules to the Statute Law Revision Act 2007 as provided for in section 8(1)(a)(ix) of that Act;

“relevant statute” means a local and personal Act or a private Act that is in force immediately before the passing of this Act.

2. General statute law revision repeal and saver.

2.— (1) Subject to subsection (2), all private Acts enacted before 1 January 1751 and all local and personal Acts enacted before 1 January 1851 are repealed.

(2) Subsection (1)does not apply to—

(a) the statutes specified in Schedule 1,

(b) any statute specified in Schedule 1 to the Statute Law Revision Act 2007 that is in force in the State immediately before the passing of this Act, or

(c) without prejudice to section 27 of the Interpretation Act 2005 and to section 6, any saving, or any transitional or continuing matter, provided for in respect of a statute repealed by or under any enactment passed prior to the passing of this Act.

3. Specific repeals.

3.— (1) For ease of reference there is set out—

(a) in Parts 1 to 3 of Schedule 2 a list of private Acts, and

(b) in Part 4 of Schedule 2 a list of local and personal Acts,

that were not wholly repealed before the passing of this Act and are not saved by virtue of section 2(2).For the purposes of this subsection “wholly repealed” includes a statute to which section 2(2)(c)relates.

(2) The fact that a relevant statute, other than a relevant statute to which paragraph (a)or (b)of section 2(2) relates, is not referred to in Schedule 2 shall not be read as saving or continuing such relevant statute for any purpose other than as provided for by or referred to in section 2 (2)(c).

(3) The inclusion of a statute in Schedule 2 shall not be taken as evidence that the statute, or any provision of it, was of full force and effect immediately before the passing of this Act.

4. Assignment of short titles.

4.— In respect of each Act cited in the first column of Part 1, 2, 3 or 4 of Schedule 1, each such Act—

(a) may be cited by the short title (if any) assigned to it in the fourth column of the Part concerned opposite the mention of that Act in the first column, or

(b) may continue to be cited by its short title (if any) referred to in the third column of the Part concerned opposite the mention of that Act in the first column.

5. Miscellaneous amendments to short titles.

5.— (1) An Act referred to in the Table to this section by reference to its year, session and chapter in the first column and to its short title in the second column is amended to the extent provided for in the third column opposite the mention to the Act concerned. For convenience of reference there is set out in the fourth column, opposite the mention to the Act concerned, the new short title for that Act.

(2) Nothing in this section or the amendments made by it shall be read as affecting the citation of an Act by its short title as set out in the second column of the Table to this section.

TABLE

6. Savings.

6.— (1) This Act does not affect any existing principle or rule of law or equity or any established jurisdiction, form or course of pleading, practice or procedure or any existing trust, notwithstanding that it may have been in any manner derived from, affirmed or recognised by any statute repealed by this Act.

(2) (a) The repeals by this Act do not affect—

(i) the continuance of any body subsisting immediately before the passing of this Act which was incorporated (or otherwise established), confirmed or revived by the grant of a charter or letter patent, and

(ii) such charter or letter patent, to the extent that it so subsists, together with any amendment to such a charter or letter patent so subsisting and granted or otherwise duly made by or under any enactment or otherwise.

(b) Nothing in this Act shall be read as affecting section 11(16) of the Local Government Act 2001.

(3) Where any statute not repealed by this Act has been applied, confirmed, revived or perpetuated by a repealed statute, such application, confirmation, revival or perpetuation is not affected by the repeal.

7. Short title and collective citation.

7.— (1) This Act may be cited as the Statute Law Revision Act 2009.

(2) The Short Titles Acts 1896 to 2007, sections 4and 5, this subsection and, in so far as it relates to section 4, Schedule 1 may be cited together as the Short Titles Acts 1896 to 2009.

SCHEDULE 1 Acts Retained

PART 1 Irish Private Acts to 31 December 1750

PART 2 English Private Acts before Union with Scotland (1707)

PART 3 Private Acts of Great Britain 1707 to 31 December 1750

PART 4 United Kingdom Local and Personal Acts 1 January 1801 to 31 December 1850