Repealing Clause - Law Dictionary Search Results
Home Dictionary Name: repealing clauserepealing clause
repealing clause : a clause in a statute repealing a previous enactment ...
Repeal
Repeal, a revocation or abrogation. Repeal of one act of Parliament by another is either express or implied, the rule being that a later Act repeals a former one if contradictory thereto, Leges posteriores priores contrarias abrogant. By s. 11 of the Inter-pretation Act, 1889, re-enacting s. 5 of Lord Brougham's Act (13 Vict. c. 21), where an Act passed after 1850 repeals a repealing enactment, it does not revive any enactment previously repealed. And by s. 38 of the same Act, where any Act passed after January 1st, 1890, repeals and re-enacts any provisions of a former Act, references in any other Act to the provisions so repealed are to be construed as references to the provisions so re-enacted, as had been already specially provided in the consolidating Public Health Act, 1875, by s. 313, and Factory and Workshop Act, 1878, by s. 102, and see R. v. Minister of Health, Ex p. Villiers, (1936) 2 KB 29.Abrogation of an existing law by legislative act, Black's Law Dictionary, 7th Edn., p...
Saving clause
Saving clause, denotes a statutory provision exempting from coverage something that would otherwise be included, Black's Law Dictionary, 7th Edn., p. 1344.Saving clause, is inserted in a Bill which seeks to repeal a previous enactment. This clause is placed invariably at the end of the Bill, Parliamentary Practice, Erskine May, 22nd Edn., 2001, p. 494.Means a clause in a bill which seeks to repeal another enactment, it is inserted to protect or save a person as regards the rights which he may have acquired under the repealed enactment and also to protect any action duly done under that Act, Practice and Procedure of Parliament, M.N. Kaul and S.L. Shakdher, 5th Edn., 2001, p. 540....
Entrenched clause
Entrenched clause, is a section in the Constitution of some of the Commonwealth countries which can only be repealed or altered by special process and which deals with matters like the liberties of the subject, fundamental institutions of government etc., a number of the newer Commonwealth countries have included entrenched clauses in their Constitutions. The process of amending entrenched clauses varies with each Constitution and may involve a popular referendum, a fixed Parliamentary majority of two-thirds or more a system of delayed legislation or a combination of two or more such factors, Office of Speaker in the Parliaments of Commonwealth, Wilding and Philip Laundry, p. 250.Any amendment of the Constitution necessitated by a legislation by Parliament to: (a) admit or establish a new State; (b) form a new State by separation of territories from any State or by uniting two or more States etc., and (c) abolish or create the legislative Council of State, is not deemed to be an amendm...
Kenyon-Slaney Clause
Kenyon-Slaney Clause, s. 7 (6) of the (English) Education Act, 1902 (2 Ed. 7, c. 42), and is as follows:-(6) Religious instruction given in a public elementary school not provided by the local education authority shall, as regards its character, be in accordance with the provisions (if any) of the trust deed relating thereto, and shall be under the control of the managers: Provided that nothing in this sub-s. shall affect any provision in a trust deed for reference to the Bishop or superior ecclesiastical or other denominational authority so far as such provision gives to the Bishop or authority the power of deciding whether the character of the religious instruction is or is not in accordance with the provisions of the trust deed.The clause was inserted on a motion of Colonel Kenyon-Slaney, M.P. for the Newport division of Shropshire, but the proviso was added by the House of Lords. This clause was repealed and re-enacted by the (English) Education Act, 1921 (11 & 12 Geo. 5, c. 51), s...
repealer
repealer : a legislative act or clause in an act that repeals an earlier act ...
Town Police Clauses Acts, 1847
Town Police Clauses Acts, 1847 (English) (10 & 11 Vict. c. 89), and 1889 (52 & 53 Vict. c. 14). Adoptive Acts. The Act of 1847 related to obstructions and nuisances in streets, fires, places of public resort, hackney carriages, and public bathing and other matters for the order and good government of towns and other districts. The Act of 1847 is still in force as amended; the Act of 1889 was repealed by the Road Traffic Act, 1930; see also Public Health Acts, 1875 to 1936, and Road Traffic Acts, 1930 to 1934....
purview
purview [Anglo-French purveu est it is provided (opening phrase of a statute)] 1 : the body of a statute or the part that begins with Be it enacted and ends before the repealing clause 2 : the limit or scope of a law ...
Clause
Clause, means a clause the article in which the ex-pression occurs. [Constitution of India, Art. 366(5)]A distinct section or provision of a legal documentor instrument, Black's Law Dictionary, 7th Edn., p. 243.Clauses, means a series of numbered parts into which a Bill is divided; a descriptive title is printed in the margin of each clause, Parliamentary Practice; Erskine May, 22nd Edn., 1997, p. 463The main clauses of a bill in the Indian Parliament are: (i) Extent clause, (ii) Commencement clause, (iii) Definition clause, (iv) Rule making clause etc., Practice and Procedure by Parliament, M.N. Kaul & S.L. Shakdher, 5th Edn., 2001, p. 537....
Lands Clauses Consolidation Act, 1845, (English)
Lands Clauses Consolidation Act, 1845, (English) (8 & 9 Vict. C. 18), amended by 23 & 24 Vict. C. 106, and 32 & 33 Vict. c. 18, applicable to England and Ireland, the Public Act of Parliament whereby railway companies and other public bodies, authorised by special Act of Parliament to take the land of individuals for the purpose of such special Act, enter upon and make compensation for the land. Ss. 3 and 5 apply this general Act to every undertaking established by any special Act passed after its date by which the purchase or taking of lands for such undertaking is authorised and incorporate the general Act with such special Act except when or in so far as it is expressly excluded.The (English) Acquisition of Land (Assessment of Compensation) Act, 1919 (15 & 16 Geo. 5, c. 59), varied the principles of compensation provided by the Lands Clauses Acts upon compulsory purchase by a Government Department or a local or public authority, inter alia, compensation under the Act of 1919, is to ...
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