Expiring laws continuance legislation


Expiring laws continuance legislation[1] is legislation that continues enactments that would otherwise expire.

British Guiana

See, for example, the Expiring Laws Continuance Ordinance 1934.[2]

Ceylon

See, for example, the Expiring Laws Continuance Ordinance 1904.[3]

England

Great Britain

Continuance, etc., of Acts, 1735

Continuance, etc., of Acts, 1735
Act of Parliament
Parliament of Great Britain
Long titleAn Act for reviving and continuing the Acts therein mentioned; and for explaining and amending a Clause in an Act made in the First Year of the Reign of His late Majesty King George the First, intituled, "An Act for making the Laws for repairing the Highways more effectual," relating to the appointing Scavengers in Cities and Market Towns, and the ordering the Assessments for the repairing and cleansing the Streets therein.
Citation9 Geo. 2. c. 18
Territorial extent Great Britain
Dates
Royal assent5 May 1736
Commencement15 January 1736[a]
Repealed15 July 1867
Other legislation
Repealed byStatute Law Revision Act 1867
Status: Repealed
Text of statute as originally enacted

The act 9 Geo. 2. c. 18, sometimes called Continuance, etc., of Acts, 1735, made perpetual, revived and continued various older enactments. Section 1 revived and made the Perjury Act 1728 (2 Geo. 2. c. 25) perpetual from 24 June 1735.[4] Section 2 continued the Bankrupts Act 1731 (5 Geo. 2. c. 30) from the expiration of the act until the end of the next session of parliament after 29 September 1743.[4] Section 3 extended the powers under the Highways Act 1715 (1 Geo. 1. St. 2. c. 52)[b] to appoint street scavengers and levy taxes for street cleaning and repair to all market towns, not just cities.[4] The whole Act was repealed by section 1 of, and the schedule to, the Statute Law Revision Act 1867 (30 & 31 Vict. c. 59).

Continuance of Laws Act 1780

Continuance of Laws Act 1780
Act of Parliament
Parliament of Great Britain
Long titleAn Act for continuing an Act made in the last Session of Parliament, for allowing the Importation of fine organzined Italian thrown Silk, in any Ships or Vessels, for a limited Time.
Citation20 Geo. 3. c. 4
Territorial extent Great Britain
Dates
Royal assent15 December 1779
Commencement25 November 1779[a]
Repealed21 August 1871
Other legislation
AmendsSee § Continued enactments
Repealed byStatute Law Revision Act 1871
Relates to
Status: Repealed
Text of statute as originally enacted

The Continuance of Laws Act 1780 (20 Geo. 3. c. 4) was an act of the Parliament of the United Kingdom that continued various older acts.

Background

In the United Kingdom, acts of Parliament remain in force until expressly repealed. Many acts of parliament, however, contained time-limited sunset clauses, requiring legislation to revive enactments that had expired or to continue enactments that would otherwise expire.[5]

Provisions

Continued enactments

Section 1 of the act continued the Importation of Silk Act 1779 (19 Geo. 3. c. 9) from the expiration of the act until the end of the next session of parliament after 25 March 1781.[6]

Legacy

The Select Committee on Temporary Laws, Expired or Expiring, appointed in 1796, inspected and considered all temporary laws, observing irregularities in the construction of expiring laws continuance acts, making recommendations and emphasising the importance of the Committee for Expired and Expiring Laws.[7]

The whole act was repealed by section 1 of, and the schedule to, the Statute Law Revision Act 1871 (34 & 35 Vict. c. 116).

United Kingdom

There was an annual Expiring Laws Continuance Act.[8][9] As of about 1902 or 1903, the "long schedule to" this annual Act had "been little altered, except by additions, for the last forty years".[10]

The system of continuing temporary laws was criticised by The Law Times in 1888.[11] Lely said there was an important debate on the Bill for the Expiring Laws Continuance Act 1902.[12]

Notes

  1. ^ a b Start of session.
  2. ^ This is the citation in the Statutes of the Realm.

References

  • David Dean. "Expiring laws continuance acts". Law-Making and Society in Late Elizabethan England: The Parliament of England, 1584-1601. Cambridge University Press. 1996. Chapter 8. p 259 et seq.
  • G R Elton. The Parliament of England, 1559-1581. Cambridge University Press. 1986. pp 136, 139, 140 & 147.
  • G R Elton. Studies in Tudor and Stuart Politics and Government. Cambridge University Press. 1983. Volume 3. pp 148, 150 & 153.
  1. ^ Imprisonment in Medieval England. CUP Archive. p. 345.
  2. ^ Colonial Reports - Annual. No 1728. p 36.
  3. ^ A Revised Edition of the Legislative Enactments of Ceylon
  4. ^ a b c Britain, Great (1765). Statutes at Large ...: (43 v.) ... From Magna charta to 1800. Vol. 17. pp. 11–12.
  5. ^ Imprisonment in Medieval England. CUP Archive. p. 345.
  6. ^ Britain, Great (1780). The Statutes at Large from the Magna Charta, to the End of the Eleventh Parliament of Great Britain, Anno 1761 [continued to 1806]. By Danby Pickering. Vol. 33. J. Bentham. p. 2.
  7. ^ Commons, Great Britain Parliament House of (1803). Reports from Committees of the House of Commons which Have Been Printed by Order of the House: And are Not Inserted in the Journals [1715-1801. Vol. 14. pp. 34–118.
  8. ^ Norman Wilding and Philip Laundy. "Expiring Laws Continuance Act". An Encyclopaedia of Parliament. Third Edition, Revised. Frederick A Praeger. 1968. p 256.
  9. ^ "Continuance of temporary statutes". The Laws of England. 3rd Edition. 1952. vol 36. para 642 at p 422.
  10. ^ "Renewed Continuance of Temporary Laws" (1902-1903) 28 The Law Magazine and Review (Fifth Series) 298
  11. ^ (1888) 85 The Law Times 206
  12. ^ J M Lely. Statutes of Practical Utility passed in 1902. (Chitty's Statutes). 1903. p iii. Google
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