Statute Law Revision Act 2012

Type Act

Publication 2012-07-02

State In force

Source Irish Statute Book

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);

“statute” includes, where the context allows, a royal ordinance, charter or similar document that—

(a) is of a public and general nature, and

(b) by virtue of its antiquity and having been granted or otherwise made before or during the development of the parliamentary system, is judicially noticed as having the force and effect of an act of parliament.

2. General statute law revision repeal and saver.

2.— (1) Subject to subsection (2), all statutes enacted before 6 December 1922 that are in force in the State immediately before the passing of this Act are repealed.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 2009 that is in force immediately before the passing of this Act,

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

(d) 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Act 2005 and to section 6, any saving, or any transitional or continuing matter, provided for in respect of a statute repealed by or under any enactment passed prior to the passing of this Act.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 in Schedule 2a list of Acts enacted before 6 December 1922 that—

(a) were not wholly repealed before the passing of this Act, and

(b) are not saved by virtue of paragraphs (a) to (c) of section 2(2),

and for the purposes of this subsection “wholly repealed” includes a statute to which section 2(2)(d)relates.

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

(3) The inclusion of a statute in Schedule 2shall 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

Year, session and chapter	Short title	Amendment	New short title
1853 (16 & 17 Vict.) c. lxv	The Lough Swilly and Lough Foyle Reclamation Acts Amendment 1853	In section 13 by inserting “Act” after “Amendment”	Lough Swilly and Lough Foyle Reclamation Acts Amendment Act 1853
1868 (31 & 32 Vict.) c. clvii	The Drainage and Improvement of Lands Supplemental Act (Ireland) 1868	In section 2 by inserting “(No. 2)” after “Supplemental”	Drainage and Improvement of Lands Supplemental (No. 2) Act (Ireland) 1868
1868 (31 & 32 Vict.) c. clviii	The Drainage and Improvement of Lands Supplemental Act (Ireland) 1868	In section 2 by inserting “(No. 3)” after “Supplemental”	Drainage and Improvement of Lands Supplemental (No. 3) Act (Ireland) 1868
1873 (36 & 37 Vict.) c. xv	The Drainage and Improvement of Lands Supplemental Act (Ireland) 1873	In section 2 by inserting “(No. 2)” after “Supplemental”	Drainage and Improvement of Lands Supplemental (No. 2) Act (Ireland) 1873

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. Amendment of Adaptation of Enactments Act 1922.

7.— The Adaptation of Enactments Act 1922 is amended by inserting the following after section 14:

“Adaptation of certain other statutes.

14A. — The power to adapt or modify a British Statute under this Act shall apply in like manner and to like effect so as to enable the adaptation or modification of any other statute (including a statute to which section 1 of the Statute Law Revision Act 2007 relates) of a Parliament sitting in Ireland before 1 January 1801, a Parliament sitting in England before the establishment of the Parliament of United Kingdom of Great Britain under the Union with Scotland Act 1706 or of the last-mentioned Parliament sitting in the United Kingdom of Great Britain before 1 January 1801.”.

8. Short title and collective citations.

8.— (1) This Act may be cited as the Statute Law Revision Act 2012.

(2) The Adaptation of Enactments Act 1922, the Adaptation of Charters Act 1926, the Adaptation of Enactments Act 1931, sections 2 to 5 of the Constitution (Consequential Provisions) Act 1937, section 7 and this subsection may be cited together as the Adaptation of Enactments Acts 1922 to 2012.

(3) The Short Titles Acts 1896 to 2009, sections 4 and 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 2012.

SCHEDULE 1 ACTS SPECIFICALLY RETAINED

PART 1 Irish Private Acts 1751 to 1800

Year, session and chapter	Subject matter	New short title assigned by this Act
1755 (29 Geo. 2) c. 2P	Sale of the manor or reputed manor of Mountfield, in County Tyrone, and of several lands and rents, parcel or reputed parcel of said manor for the uses mentioned in the settlement made previous to the inter-marriage of James Tisdal the younger, Esquire, with Rose McCausland	Tisdal Estates Act 1755
1757 (31 Geo. 2) c. 3P	Vesting the estate of Dame Mary Parsons, daughter and heir of John Cleare, late of Kilbury in the County of Tipperary, Esquire deceased, comprehended in certain articles previous to the marriage of said Mary with Sir William Parsons, Bart. in trustees for sale of a sufficient part thereof to discharge the debts of said John Cleare; and also the debts not exceeding £6,000 of said Sir William Parsons, and for settling such part of the estate of said Mary as shall remain unsold, and the whole of the estate of said Sir William Parsons, comprehended in the articles so executed, to the uses mentioned in or intended by said articles, touching said estates respectively; and also for settling certain lands, which said Sir William Parsons is seized in fee of, to the uses, etc. expressed in said articles touching the estate of said Mary, except only in so far as said articles relate to the debts of said John Cleare	Parsons Estate Act 1757
1759 (33 Geo. 2) c. 1P	Vesting the several estates granted by Richard late Earl of Ranelagh, for erecting and supporting two charity schools at the town of Athlone, and two charity schools in the town of Roscommon, in the Incorporated Society, and other purposes	Earl of Ranelagh Schools Act 1759
1761 (1 Geo. 3) c. 2P	Incorporating the trustees of Wilson’s Hospital in County Westmeath, and other purposes	Wilson’s Hospital School Act 1761
1779-80 (19 & 20 Geo. 3) c. 2P	Incorporating the trustees of George Simpson Esquire’s hospital	Simpson’s Hospital Estate Act 1779
1783-84 (23 & 24 Geo. 3) c. 8P	Vesting certain lands, etc. in the Queen’s County formerly the estate of Dudly Alexander Sidney Cosby, late Lord Sidney, deceased, in trustees for raising money sufficient to discharge incumbrances affecting same, and other purposes; and to enable the several persons entitled thereto to make building leases of part thereof	Sidney Estate Act 1783
1791 (31 Geo. 3) c. 3P	Making an exemplification of the last will of James Whitshed, Esquire, late of new Burlington street, in the City of Westminster in Great Britain, evidence of such will, in Ireland; and to enable James Hawkins, now a Captain in His Majesty’s navy, to assume the name, and bear the arms of Whitshed, in addition to his own	Whitshed Name and Arms Act 1791
1800 (40 Geo. 3) [c. 3P]	Enabling Thomas Wyse of Saint John’s, in the liberties of the City of Waterford, Esquire, and the other persons therein named, when they shall be respectively in possession of the lands and premises therein mentioned, part of the estates of Thomas Wyse the elder, late of Saint John’s aforesaid, deceased, to make a lease or leases for lives, with or without covenants renewable forever, or for any term or time not exceeding nine hundred and ninety-nine years, of the said estates, houses and lands in the city of Waterford and liberties thereof, and to make leases for three lives or thirty-one years, whichever should last longest, of certain lands, houses and premises in the Queen’s County and County of Waterford, now in the possession of the said Thomas Wyse	Wyse Estates Act 1800

PART 2 Private Acts of Great Britain 1751 to 1800

Year, session and chapter	Subject matter	New short title assigned by this Act
1758 (32 Geo. 2) c. 58P	Arthur Hill’s name	Trevor Name and Arms Act 1758
1765 (5 Geo. 3) c. 110P	More effectively exercising of John Lord Bellew Baron of Duleek’s power to raise money out of his estates in Ireland for younger children’s portions	Bellew’s Estate Act 1765
1767 (7 Geo. 3) c. 42P	Thomas Swettenham: change of name and arms to Willis, pursuant to the will of Daniel Willis	Willis Name and Arms Act 1767
1770 (10 Geo. 3) c. 74P	John Earl of Clanricarde’s estates in Ireland: vesting in trustees, discharged of the uses and trusts of his marriage articles and a voluntary settlement made by him and for settling the same to said uses and trusts	Clanricarde’s Estates Act 1770
1770 (10 Geo. 3) c. 76P	William Lock’s personal estate: enabling his executor to purchase estates in Ireland to be conveyed, settled and assured to the uses and trusts expressed in his will, instead of purchase of estates in England as directed by said will	Lock’s Estate Act 1770
1777 (17 Geo. 3) c. 132P	William Dutton’s name and arms and making the exemplification of James Lenox Dutton’s will and codicil evidence in all British and Irish courts	Naper Name and Arms Act 1777
1789 (29 Geo. 3) c. 2P	Ralph Earle: change of name to Willis and licence to use its arms	Willis Name and Arms Act 1789

PART 3 United Kingdom Private Acts 1801 to 1922

This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.