Statute Law Revision Act 1878

The Statute Law Revision Act 1878 was an act of the Parliament of the United Kingdom that repealed for the United Kingdom enactments from 1707 to 1868 which had ceased to be in force or had become necessary. The act was intended, in particular, to facilitate the preparation of the revised edition of the statutes, then in progress.

Background

In the United Kingdom, acts of Parliament remain in force until expressly repealed. Blackstone's Commentaries on the Laws of England, published in the late 18th-century, raised questions about the system and structure of the common law and the poor drafting and disorder of the existing statute book.
In 1806, the Commission on Public Records passed a resolution requesting the production of a report on the best mode of reducing the volume of the statute book. From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts. In 1816, both Houses of Parliament, passed resolutions that an eminent lawyer with 20 clerks be commissioned to make a digest of the statutes, which was declared "very expedient to be done." However, this was never done.
At the start of the parliamentary session in 1853, Lord Cranworth announced his intention to the improvement of the statute law and in March 1853, appointed the Board for the Revision of the Statute Law to repeal expired statutes and continue consolidation, with a wider remit that included civil law. The Board issued three reports, recommending the creation of a permanent body for statute law reform.
In 1854, Lord Cranworth appointed the Royal Commission for Consolidating the Statute Law to consolidate existing statutes and enactments of English law. The Commission made four reports.
An alternative approach, focusing on expunging obsolete laws from the statute book, followed by consolidation, was proposed by Peter Locke King MP, who was heavily critical of the expenditure of the Commission and the lack of results. This approach was taken by the Repeal of Obsolete Statutes Act 1856, considered to be the first Statute Law Revision Act.
On 17 February 1860, the Attorney General, Sir Richard Bethell told the House of Commons that he had engaged Sir Francis Reilly and A. J. Wood to expurgate the statute book of all acts which, though not expressly repealed, were not in force, working backwards from the present time.

Year passed	Title	Citation	Effect
1861	Statute Law Revision Act 1861	24 & 25 Vict. c. 101	Repealed or amended over 800 enactments
1863	Statute Law Revision Act 1863	26 & 27 Vict. c. 125	Repealed or amended over 1,600 enactments for England and Wales
1867	Statute Law Revision Act 1867	30 & 31 Vict. c. 59	Repealed or amended over 1,380 enactments
1870	Statute Law Revision Act 1870	33 & 34 Vict. c. 69	Repealed or amended over 250 enactments
1871	Promissory Oaths Act 1871	34 & 35 Vict. c. 48	Repealed or amended almost 200 enactments
1871	Statute Law Revision Act 1871	34 & 35 Vict. c. 116	Repealed or amended over 1,060 enactments
1872	Statute Law Revision Act 1872	35 & 36 Vict. c. 63	Repealed or amended almost 490 enactments
1872	Statute Law (Ireland) Revision Act 1872	35 & 36 Vict. c. 98	Repealed or amended over 1,050 enactments
1872	Statute Law Revision Act 1872 (No. 2)	35 & 36 Vict. c. 97	Repealed or amended almost 260 enactments
1873	Statute Law Revision Act 1873	36 & 37 Vict. c. 91	Repealed or amended 1,225 enactments
1874	Statute Law Revision Act 1874	37 & 38 Vict. c. 35	Repealed or amended over 490 enactments
1874	Statute Law Revision Act 1874 (No. 2)	37 & 38 Vict. c. 96	Repealed or amended almost 470 enactments
1875	Statute Law Revision Act 1875	38 & 39 Vict. c. 66	Repealed or amended over 1,400 enactments
1876	Statute Law Revision (Substituted Enactments) Act 1876	39 & 40 Vict. c. 20	Updated references to repealed acts
1878	Statute Law Revision (Ireland) Act 1878	41 & 42 Vict. c. 57	Repealed or amended over 460 enactments passed by the Parliament of Ireland

Passage

The bill had its first reading in the House of Lords on 17 June 1878, introduced by the Lord Chancellor, Hugh Cairns, 1st Earl Cairns. The bill had its second reading in the House of Lords on 8 July 1878 and was committed to a committee of the whole house, which met and reported on 9 July 1878, with amendments. The bill had its third reading in the House of Lords on 9 and passed, without amendments.
The bill had its first reading in the House of Commons on 13 July 1878. The bill had its second reading in the House of Commons on 15 July 1878 and was committed to a committee of the whole house, which met on 7 August 1877 and reported on 8 August 1878, with amendments. The amended bill had its third reading in the House of Commons on 9 August 1878 and passed, without amendments.
The amended bill was considered and agreed to by the House of Lords on 14 August 1877.
The bill was granted royal assent on 16 August 1877.

Legacy

The act was intended, in particular, to facilitate the preparation of a revised edition of the statutes.
Sections 2 and 3 of, and the schedules to, the act, were repealed by section 1 of, and schedule 1 to, the Statute Law Revision Act 1894.
This act was repealed for the United Kingdom and the Isle of Man by Group 1 of of Schedule 1 to the Statute Law (Repeals) Act 1998.
The act was retained for the Republic of Ireland by of, and Part 4 of Schedule 1 to, the Statute Law Revision Act 2007.

Repealed enactments

Section 1 of the act repealed 93 enactments, listed in the schedule to the act, across six categories:

Expired
Spent
Repealed in general terms
Virtually repealed
Superseded
Obsolete

Section 1 of the act included several safeguards to ensure that the repeal does not negatively affect existing rights or ongoing legal matters. Specifically, any legal rights, privileges, or remedies already obtained under the repealed laws, as well as any legal proceedings or principles established by them, remain unaffected. Section 1 of the act also ensured that repealed enactments that have been incorporated into other laws would continue to have legal effect in those contexts. Moreover, the repeal would not revive any former rights, offices, or jurisdictions that had already been abolished.
Section 2 of the act revived 5 acts repealed by the Statute Law Revision Act 1873 and the Statute Law Revision Act 1875.
Section 3 of the act replaced the text "The Schedule" in the partial repeal of the Industrial Schools Act 1866 for "The First Schedule".

Citation	Short title	Title	Extent of revival
9 Geo. 4. c. 58	Licensing (Scotland) Act 1828	An Act the title of which begins with the words—An Act to regulate the granting of certificates—and ends with the words—prevention of such houses being kept without such certificate.	Section Two. Section Three, from "Provided always," to the end of that Section. Section Four, from "Provided always," to the end of that Section. Section Eighteen. Section Twenty-three, from "and all such" to the end of that Section. So much of the form in the Schedule, designated by the letter A., as prescribes the form of deliverance at the end of each day's register. So much of the form in the Schedule, designated by the letter D., as prescribes the form of a warrant of imprisonment, and the note to that form.
10 Geo. 4. c. 44	Metropolitan Police Act 1829	An Act for improving the Police in and near the Metropolis	Section nine.
8 & 9 Vict. c. 100	Lunacy Act 1845	An Act for the Regulation of the Care and Treatment of Lunatics.	So much of Sections ninety-nine and One hundred and five as was repealed by the Statute Law Revision Act, 1875.
9 & 10 Vict. c. 115	Lunatic Asylums (Ireland) Act 1846	An Act the title of which begins with the words,—An Act to amend the Laws as to District Lunatic Asylums in Ireland,—and ends with the words,—Salaries and Expenses incident to the Office of Inspector of Lunatics in Ireland.	Section Two, except so much thereof as was repealed by 18 & 19 Vict. c. 109. s. 4. Section Three.
16 & 17 Vict. c. 67	Licensing (Scotland) Act 1853	An Act for the better Regulation of Public Houses in Scotland.	Section eleven, to "continued in the said Schedule". Section twelve. So much of the Schedule as prescribes the form of register of applications.