Unlawful Drilling Act 1819
Encyclopedia
The Unlawful Drilling Act 1819 (60 Geo 3 & 1 Geo 4 c 1), also known as the Training Prevention Act is an Act
of the Parliament
of the United Kingdom
. It was one of the Six Acts
passed after the Peterloo massacre
.
This Act was excluded by article 54(4) of S.I. 1981/155 (N.I. 2), and by article 49(4) of S.I. 2004/702 (N.I.), and saved on 27 August 1991 by sections 32(4) and 69 of the Northern Ireland (Emergency Provisions) Act 1991.
. It is still in force in Northern Ireland.
On 1 November 1995: The words "a Secretary of State, or any officer deputed by him for the purpose" were substituted for England and Wales and Scotland by section 1(2) of, and paragraph 1(a) of Schedule 2 to, the Statute Law (Repeals) Act 1995. The words "a Secretary of State" were substituted for Northern Ireland by section 1(2) of, and paragraph 1(b) of Schedule 2 to, the Statute Law (Repeals) Act 1995. The word "imprisonment" was substituted for the United Kingdom by section 1(2) of, and paragraph 1(c) of Schedule 2 to, the Statute Law (Repeals) Act 1995.
The repealed in the first place were repealed by the Statute Law Revision Act 1890. The word repealed in the second place were repealed for the United Kingdom on 1 November 1995 by section 1(1) of, and Group 1 of Part IV of Schedule 1 to, the Statute Law (Repeals) Act 1995.
Section 16 of the Firearms Act 1920 provided that the powers of the Lieutenant and the two justices of the peace of a county under this Act were to be exercisable by a Secretary of State or any officer deputed by him for the purpose.
In Northern Ireland
, from 1953, the reference to penal servitude in this section had to be construed as a reference to imprisonment.
See the following cases:
The words of enactment at the start were repealed by the Statute Law Revision Act 1888.
The words "or for any other person acting in their aid or assistance" were repealed for England and Wales by sections 111 and 174(2) of, and paragraph 1 of Part 1 of Schedule 7 and Part 2 of Schedule 17 to, the Serious Organised Crime and Police Act 2005
. They were repealed for Northern Ireland by paragraph 1 of Schedule 1, and Schedule 2, to the Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I.2)).
The words at the end were repealed for England and Wales by section 56(4) of, and Part IV of Schedule 11 to, the Courts Act 1971
, and for Northern Ireland by Part IV of the Schedule to the Statute Law Revision (Northern Ireland) Act 1980.
This section was repealed in part for Northern Ireland by articles 90(2) and (3) of, and Part I of Schedule 7 to, the Police and Criminal Evidence Order 1989 (S.I. 1989/1341 (N.I.12)).
"Arrest and detain"
This section was repealed by section 26(1)(a) of the Police and Criminal Evidence Act 1984
in so far as it enabled a constable to arrest a person for an offence without a warrant.
So much of this section as conferred a power of arrest without warrant upon a constable, or
persons in general (as distinct from persons of any description specified in or for the purposes of the enactment) was repealed, for England and Wales, to the extent that it was not already spent, by section 111 of, and paragraph 38 of Part 2 of Schedule 7 to, the Serious Organised Crime and Police Act 2005
. Presumably this excluded the powers of justices of the peace and peace officers other than constables.
. Before it was repealed it read:
The words in brackets were substituted by section 4 of the Sheriff Courts (Scotland) Act 1971.
The functions of Burgh magistrates now exercisable by justice of the peace, by section 1(2) of the District Courts (Scotland) Act 1975.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. It was one of the Six Acts
Six Acts
In the United Kingdom, following the Peterloo Massacre of August 16, 1819, the British government acted to prevent any future disturbances by the introduction of new legislation, the so-called Six Acts which labelled any meeting for radical reform as "an overt act of treasonable conspiracy"...
passed after the Peterloo massacre
Peterloo Massacre
The Peterloo Massacre occurred at St Peter's Field, Manchester, England, on 16 August 1819, when cavalry charged into a crowd of 60,000–80,000 that had gathered to demand the reform of parliamentary representation....
.
This Act was excluded by article 54(4) of S.I. 1981/155 (N.I. 2), and by article 49(4) of S.I. 2004/702 (N.I.), and saved on 27 August 1991 by sections 32(4) and 69 of the Northern Ireland (Emergency Provisions) Act 1991.
Repeal
This Act was repealed for England and Wales and Scotland by Part 3 of Schedule 1 to the Statute Law (Repeals) Act 2008Statute Law (Repeals) Act 2008
The Statute Law Act 2008 is an Act of the Parliament of the United Kingdom which repealed more than 250 Acts of Parliament in full, and more than 50 in part....
. It is still in force in Northern Ireland.
Section 1 - Meetings and assemblies of persons for the purpose of being trained, or of practising military exercise, prohibited. Punishment
Before it was repealed, in England and Wales and Scotland, this section read:On 1 November 1995: The words "a Secretary of State, or any officer deputed by him for the purpose" were substituted for England and Wales and Scotland by section 1(2) of, and paragraph 1(a) of Schedule 2 to, the Statute Law (Repeals) Act 1995. The words "a Secretary of State" were substituted for Northern Ireland by section 1(2) of, and paragraph 1(b) of Schedule 2 to, the Statute Law (Repeals) Act 1995. The word "imprisonment" was substituted for the United Kingdom by section 1(2) of, and paragraph 1(c) of Schedule 2 to, the Statute Law (Repeals) Act 1995.
The repealed in the first place were repealed by the Statute Law Revision Act 1890. The word repealed in the second place were repealed for the United Kingdom on 1 November 1995 by section 1(1) of, and Group 1 of Part IV of Schedule 1 to, the Statute Law (Repeals) Act 1995.
Section 16 of the Firearms Act 1920 provided that the powers of the Lieutenant and the two justices of the peace of a county under this Act were to be exercisable by a Secretary of State or any officer deputed by him for the purpose.
In Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
, from 1953, the reference to penal servitude in this section had to be construed as a reference to imprisonment.
See the following cases:
- R v. Hunt (1820) 3 B & Ald 566, 1 St Tr (NS) 171, [1814 - 1823] All ER rep 456
- Redford v. Birley (1822) 3 Stark 76, 1 St Tr (NS) 1071
- Gogarty v. R (1849) 3 Cox 306 (Ir)
Section 2 - Persons so assembled may be detained and required to give bail, and prosecuted.
Before it was repealed, this section read:The words of enactment at the start were repealed by the Statute Law Revision Act 1888.
The words "or for any other person acting in their aid or assistance" were repealed for England and Wales by sections 111 and 174(2) of, and paragraph 1 of Part 1 of Schedule 7 and Part 2 of Schedule 17 to, the Serious Organised Crime and Police Act 2005
Serious Organised Crime and Police Act 2005
The Serious Organized Crime and Police Act 2005 is an Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency, it also significantly extended and simplified the powers of arrest of a constable and introduced restrictions on protests in the...
. They were repealed for Northern Ireland by paragraph 1 of Schedule 1, and Schedule 2, to the Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I.2)).
The words at the end were repealed for England and Wales by section 56(4) of, and Part IV of Schedule 11 to, the Courts Act 1971
Courts Act 1971
The Courts Act 1971 is an Act of the Parliament of the United Kingdom the purpose of which was to reform and modernise the courts system of England and Wales....
, and for Northern Ireland by Part IV of the Schedule to the Statute Law Revision (Northern Ireland) Act 1980.
This section was repealed in part for Northern Ireland by articles 90(2) and (3) of, and Part I of Schedule 7 to, the Police and Criminal Evidence Order 1989 (S.I. 1989/1341 (N.I.12)).
"Arrest and detain"
This section was repealed by section 26(1)(a) of the Police and Criminal Evidence Act 1984
Police and Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, as well as providing codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary...
in so far as it enabled a constable to arrest a person for an offence without a warrant.
So much of this section as conferred a power of arrest without warrant upon a constable, or
persons in general (as distinct from persons of any description specified in or for the purposes of the enactment) was repealed, for England and Wales, to the extent that it was not already spent, by section 111 of, and paragraph 38 of Part 2 of Schedule 7 to, the Serious Organised Crime and Police Act 2005
Serious Organised Crime and Police Act 2005
The Serious Organized Crime and Police Act 2005 is an Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency, it also significantly extended and simplified the powers of arrest of a constable and introduced restrictions on protests in the...
. Presumably this excluded the powers of justices of the peace and peace officers other than constables.
Section 3 - Sheriffs depute, &c. in Scotland to have the same powers as magistrates in England.
This section applied to ScotlandScotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
. Before it was repealed it read:
The words in brackets were substituted by section 4 of the Sheriff Courts (Scotland) Act 1971.
The functions of Burgh magistrates now exercisable by justice of the peace, by section 1(2) of the District Courts (Scotland) Act 1975.
Section 4 - Offenders may be indicted, if not prosecuted under this Act
This section was repealed by section 1(1) of, and Schedule 1 to, the Statute Law (Repeals) Act 1989.Section 5
This section was repealed by section 2 of, and the Schedule to, the Public Authorities Protection Act 1893.Section 6
This section was repealed by section 2 of, and the Schedule to, the Public Authorities Protection Act 1893.Section 7 - Prosecutions to be commenced within six months after offences
The words of enactment were repealed by the Statute Law Revision Act 1888.External links
- The Unlawful Drilling Act 1819, as amended, from the National Archives.