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Statute Law (Repeals) Act 1969

Consolidated Text As Enacted Cited authorities 161 Cited in Related
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Year1969


Statute Law (Repeals)Act 1969

1969 CHAPTER 52

An Act to promote the reform of the statute law by the repeal, in accordance with recommendations of the Law Commission, of certain enactments which (except in so far as their effect is preserved) are no longer of practical utility, and by making other provision in connection with the repeal of those enactments.

[22nd October 1969]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Repeal of enactments.

1 Repeal of enactments.

1. The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in column 3 of the Schedule.

S-2 Advowsons.

2 Advowsons.

(1) In proceedings by way of quare impedit commenced within six months of induction, judgment shall be given for the removal of an incumbent instituted to fill the vacancy, if he was instituted on a presentation made without title and is made a defendant to the proceedings.

(2) Where the Crown presents to a benefice which is full of an incumbent, effect shall not be given to the presentation without judgment having been given for the removal of the incumbent in proceedings by way of quare impedit brought by or on behalf of the Crown.

Subsection (1) above shall apply in relation to proceedings so brought whether or not they are commenced within the period of six months therein referred to.

(3) The provisions of this section shall have effect in place of chapter 5 of the Statute of Westminster, the Second, chapter 10 of the statute of uncertain date concerning the King's prerogative and chapter 1 of 13 Ric. 2. Statute 1.

S-3 Rentcharges, etc. under Copyhold Act 1894.

3 Rentcharges, etc. under Copyhold Act 1894.

3. Notwithstanding the repeal by this Act of the Copyhold Act 1894—

a ) the owner for the time being of a rentcharge created under the provisions of that Act or of a certificate of charge under that Act shall have for the recovery of the rentcharge or, as the case may be, any sum in the nature of interest or periodical payment becoming due under the certificate the like remedies as are provided by section 121 of the Law of Property Act 1925;
b ) the owner for the time being of such a certificate of charge shall also have, in respect of every sum whether in the nature of interest or periodical payment or principal sum secured by the certificate, the like remedies as a chargee by deed expressed to be by way of legal mortgage of an estate in fee simple has in respect of the principal sum and interest secured by his charge and
c ) a certificate of charge under that Act and the charge made thereby shall be transferable by endorsement on the certificate
S-4 Savings.

4 Savings.

(1) The repeal by this Act of the Sunday Fairs Act 1448 shall not have the effect of requiring any market or fair to be held on a Sunday, Good Friday, Ascension Day, Corpus Christi Day, the Feast of the Assumption of Our Blessed Lady or All Saints' Day; and a market or fair may continue to be held on any day on which it might lawfully have been held if that Act had not been repealed.

(2) The repeal by this Act of section 2 of the Act of Supremacy shall not affect the continued operation so far as unrepealed of the Submission of the Clergy Act 1533 , the Appointment of Bishops Act 1533 , the Ecclesiastical Licences Act 1533 and the Suffragan Bishops Act 1534 ; and the repeal by this Act of section 5 of the Act of Supremacy shall not affect the continued operation so far as unrepealed of the Sacrament Act 1547 .

(3) The repeal by this Act of section 20 of the Act of Uniformity 1662 shall not affect the continued operation of section 7 of the Act of Uniformity 1548 in relation to the Book of Common Prayer annexed to the said Act of 1662.

(4) The repeal by this Act of section 1 of the Feigned Recoveries Act 1542 shall not make barrable any entail existing at the passing of this Act which was unbarrable by reason of that section.

S-5 Provisions relating to Northern Ireland.

5 Provisions relating to Northern Ireland.

(1) The following provisions of this Act, that is to say, sections 2 to 4, and so much of this Act as repeals the enactments mentioned in Parts III and IV of the Schedule shall not extend to Northern Ireland; but notwithstanding anything in the Government of Ireland Act 1920 , the Parliament of Northern Ireland shall have power to make laws for purposes similar to the purposes of those provisions.

(2) Save as expressly provided by subsection (1) above, this Act extends to Northern Ireland and shall, as respects matters within the powers of the Parliament of Northern Ireland, be subject to alteration by that Parliament as if it had been an Act passed before the day appointed for the purposes of section 6 of the Government of Ireland Act 1920 .

(3) The repeal by this Act of any enactment mentioned in Part II of the Schedule to this Act shall not affect the continued operation of section 20 of the Irish Church Act 1869 .

S-6 Application to Channel Islands and Isle of Man.

6 Application to Channel Islands and Isle of Man.

6. This Act, in so far as it repeals any of the provisions of the Societies (Miscellaneous Provisions) Act 1940, shall extend to the Channel Islands and the Isle of Man.

S-7 Short title and commencement.

7 Short title and commencement.

(1) This Act may be cited as the Statute Law (Repeals) Act 1969 .

(2) This Act shall come into force on 1st January 1970.

S C H E D U L E

Enactments Repealed

I

Part I

Constitutional Enactments

Statute, etc.

Title, short title or subject

 Extent of repeal

25 Edw. 1. (1297).

(Confirmation of Magna Carta).

The whole statute, so far as unrepealed, except articles 1, 9, 29 and 37.

25 Edw. 1. (1297).

(Confirmation of the Charters).

The whole statute except chapters 1 and 6.

25 Edw. 1. (1297).

A Statute concerning Tallage.

The whole statute except chapter 1.

28 Edw. 1. (1300).

 Articles upon the Charters.

The whole statute, so far as unrepealed.

1 Edw. 3. Stat. 2. (1327).

 (Borough liberties). Chapter 9.

2 Edw. 3. (1328).

 Statute of Northampton. Chapter 8.

5 Edw. 3. (1331).

 (Unlawful attachment). Chapter 9.

14 Edw. 3. Stat. 1. (1340).

 (Confirmation of liberties). Chapter 1.

1 Mary Sess. 3. c. 1.

The Queen Regent's Prerogative Act 1554.

 The whole Act.
5 Eliz. 1. c. 18. The Lord Keeper Act 1562. The whole Act.

16 Chas. 1. c. 14.

 The Ship Money Act 1640.

The whole Act, so far as unrepealed.

12 Chas. 2. c. 1.

 The Parliament Act 1660. The whole Act.

12 Chas. 2. c. 30. (1660).

An Act for the attainder of several persons guilty of the horrid murder of His late sacred Majesty King Charles the First.

The whole Act, so far as unrepealed.

13 Chas. 2. Stat. 1. c. 6. (1661).

An Act declaring the sole right of the Militia to be in the King and for the present ordering and disposing of the same.

The preamble, so far as unrepealed.
II

Part II

Ecclesiastical Enactments

Statute, etc.

Title, short title or subject

 Extent of repeal

13 Edw. 1. (1285).

(Statute of Westminster, the Second).

 Chapter 5.

13 Edw. 1. (1285).

 (Statute of Winchester). Chapter 6.

9 Edw. 2. Stat. 1. (1315).

 Articles for the Clergy.

The whole statute, so far as unrepealed.

[Of uncertain date].

 Of the King's Prerogative. Chapter 10.

25 Edw. 3. Stat. 6. (1351).

An Ordinance for the Clergy.

The whole statute, so far as unrepealed.

13 Ric. 2. Stat. 1. (1389).

Royal presentations to benefices).

 Chapter 1, so far as unrepealed.

15 Ric. 2. (1391).

 (Appropriation of benefices). Chapter 6, so far as unrepealed.

4 Hen. 4. (1402).

 (Appropriation of benefices). Chapter 12, so far as unrepealed.

8 Hen. 6. c. 1. (1429).

(Convocation to have privilege of Parliament).

The whole chapter, so far as unrepealed.

23 Hen. 8. c. 20. (1531).

An Act concerning restraint of payment of annates to the See of Rome.

The whole Act, so far as unrepealed.

24 Hen. 8 c. 12.

The Ecclesiastical Appeals Act 1532.

The whole Act, so far as unrepealed.

25 Hen. 8. c. 19.

The Submission of the Clergy Act 1533.

The whole Act, so far as unrepealed, except sections 1 and 3.
25 Hen. 8. c. 20.

The Appointment of Bishops Acts 1533.

The preamble and sections 1 and 2.

25 Hen. 8. c. 21.

The Ecclesiastical Licences Act 1533.

The preamble and sections 1, 2, 15, 21 and 23.
27 Hen. 8. c. 28.

The Suppression of Religious Houses Act 1535.

The whole Act, so far as unrepealed.
28 Hen. 8. c. 16.

The Ecclesiastical Licences Act 1536.

The whole Act, so far as unrepealed.
31 Hen. 8. c. 13.

The Suppression of Religious Houses Act 1539.

The whole Act, except section 19.

Statute, etc.

Title, short title or subject

 Extent of repeal
32 Hen. 8. c. 7. The Tithe Act 1540. Section 5, so far as unrepealed.

32 Hen. 8. c. 20. (1540).

 The Liberties to be used. The whole Act.
37 Hen. 8. c. 4.

The Dissolution of Colleges Act 1545.

The whole Act, so far as unrepealed.
1 Edw. 6. c. 1. The Sacrament Act 1547.

The whole Act, so far as unrepealed, except section 8.

2 & 3 Edw. 6. c. 1.

 The Act of Uniformity 1548.

The whole Act, so far as unrepealed, except section 7.

2 & 3 Edw. 6. c. 21.

The Clergy Marriage Act 1548.

The whole Act, so far as unrepealed.

5 & 6 Edw. 6. c. 1.

 The Act of Uniformity 1551.

The whole Act, so far as unrepealed.

5 & 6 Edw. 6. c. 3.

The Holy Days and Fasting Days Act 1551.

The whole Act, so far as unrepealed.

5 & 6 Edw. 6. c. 12.

The Clergy Marriage Act 1551.

The whole Act, so far as unrepealed.

1 Eliz. 1. c. 1. (1558).

 The Act of Supremacy.

The whole Act, so far as unrepealed, except...

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