Statute Law Revision Act 2012

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statutes enacted before 6 December 1922 that are in force in the State immediately before the passing of this Act are repealed.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Act 2005 and to section 6, any saving, or any transitional or continuing matter, provided for in respect of a statute repealed by or under any enactment passed prior to the passing of this Act.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(a) were not wholly repealed before the passing of this Act, and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and for the purposes of this subsection “wholly repealed” includes a statute to which section 2(2)(d)relates.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

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

PART 2 Private Acts of Great Britain 1751 to 1800

PART 3 United Kingdom Private Acts 1801 to 1922

PART 4

United Kingdom Local and Personal Acts 1851 to 1922