Spent law
Encyclopedia
A spent law or spent enactment is a piece of legislation
which is still in force, but which could be repeal
ed without any practical consequences.
. They prepare Bills
to be passed as Statute Law (Repeals) Act
s.
The following types of enactment are now spent on coming into force
:
Enactments conferring short titles
Section 19(2) of the Interpretation Act 1978
provides that an Act may continue to be cited by the short title
authorised by any enactment notwithstanding the repeal of that enactment. This applies to Acts whenever they were passed.
Accordingly any enactment whose sole effect is to confer a short title on an Act now becomes spent on coming into force; and any enactment already in force whose sole effect is to confer a short title on an Act is also spent.
Those enactments which conferred short titles on large numbers of statutes have been repealed on this basis.
Enactments which repeal other enactments
Section 15 of the Interpretation Act 1978
provides that where an Act repeals a repealing enactment, the repeal does not revive any enactment previously repealed unless words are added reviving it. This applies to Acts passed after the year 1850.
Accordingly, any enactment whose sole effect is to repeal another enactment now becomes spent on coming into force; and any enactment, which is already in force, whose sole effect is to repeal another enactment is also spent.
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
which is still in force, but which could be repeal
Repeal
A repeal is the amendment, removal or reversal of a law. This is generally done when a law is no longer effective, or it is shown that a law is having far more negative consequences than were originally envisioned....
ed without any practical consequences.
United Kingdom
The repeal of spent legislation is primarily the responsibility of the Law CommissionLaw Commission (England and Wales)
In England and Wales the Law Commission is an independent body set up by Parliament by the Law Commissions Act 1965 in 1965 to keep the law of England and Wales under review and to recommend reforms. The organisation is headed by a Chairman and four Law Commissioners...
. They prepare Bills
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
to be passed as Statute Law (Repeals) Act
Statute Law (Repeals) Act
Statute Law Act is a stock short title which is used, in the United Kingdom, for legislation whose sole purpose was to repeal obsolete enactments. The short title Statute Law Revision Act was formerly used for this type of statute. These Acts are drafted by the Law CommissionStatute Law Acts may...
s.
The following types of enactment are now spent on coming into force
Coming into force
Coming into force or entry into force refers to the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect...
:
Enactments conferring short titles
Section 19(2) of the Interpretation Act 1978
Interpretation Act 1978
The Interpretation Act 1978 is an Act of the Parliament of the United Kingdom. The Act makes provision for the interpretation of Acts of Parliament, Measures of the General Synod of the Church of England, Measures of the Church Assembly, subordinate legislation, "deeds and other instruments and...
provides that an Act may continue to be cited by the short title
Short title
The short title is the formal name by which a piece of primary legislation may by law be cited in the United Kingdom and other Westminster-influenced jurisdictions , as well as the United States. It contrasts with the long title which, while usually being more fully descriptive of the...
authorised by any enactment notwithstanding the repeal of that enactment. This applies to Acts whenever they were passed.
Accordingly any enactment whose sole effect is to confer a short title on an Act now becomes spent on coming into force; and any enactment already in force whose sole effect is to confer a short title on an Act is also spent.
Those enactments which conferred short titles on large numbers of statutes have been repealed on this basis.
Enactments which repeal other enactments
Section 15 of the Interpretation Act 1978
Interpretation Act 1978
The Interpretation Act 1978 is an Act of the Parliament of the United Kingdom. The Act makes provision for the interpretation of Acts of Parliament, Measures of the General Synod of the Church of England, Measures of the Church Assembly, subordinate legislation, "deeds and other instruments and...
provides that where an Act repeals a repealing enactment, the repeal does not revive any enactment previously repealed unless words are added reviving it. This applies to Acts passed after the year 1850.
Accordingly, any enactment whose sole effect is to repeal another enactment now becomes spent on coming into force; and any enactment, which is already in force, whose sole effect is to repeal another enactment is also spent.