Operative date for repeal of s30 Public Health Act 1925
Nogood Boyo
Sorry if this (or something like it) appears twice - original post
disappeared in the ether...
Section 30 of the Public Health Act 1925, which provided for the
making of New Street Byelaws, was apparently repealed by Sch 25 of the
Highways Act 1959. I can see that from the Statute Law Database. But
I need to know the date on which the replacement provision in the 1959
Highways Act took effect. Apparently orders made under the 1959 Act
(and later replacements) automatically lapsed after 10 years or so
whereas those made under the 1925 Act did not and therefore remain in
force. A New Street Order was made for my road in July 1960 and,
although the order itself can't be found, I have evidence that it was
made under the 1925 Act. Others are claiming it was made under the
1959 Act and has therefore lapsed. Can anyone help me please to
establish when the provision in the 1959 Act replaced that in the 1925
Act?
--
Nogood Boyo
Francis Davey
Presumably on the day that the 1959 Act entered into force (1 Jan 1960
according to s.313(2) of the act). On that date Schedule 25 would have
taken effect and the s.25 of the 1925 Act repealed. Does that help?
Francis
Nogood Boyo
[...]
>
> Presumably on the day that the 1959 Act entered into force (1 Jan 1960
> according to s.313(2) of the act). On that date Schedule 25 would have
> taken effect and the s.25 of the 1925 Act repealed. Does that help?
>
> Francis
Thanks. It helps but it's not the answer I was hoping for..! I was
hoping that there'd be some way in which orders could still be made
under s30 of the 1925 Act in July 1960. Which might mean that the
order for my road would still be in force.
If the whole of the 1959 Act took effect on 1/1/60, it looks as though
the document that I've got (official search certificate, local land
charges), which says that the order was made in July 1960 under the
1925 Act, was wrong. And I've been barking up the wrong tree. :-(
Is the 1959 Act available online? I couldn't find it anywhere.
--
Nogood Boyo
Francis Davey
Not (as far as I know) anywhere that is free 8-(.
Francis
Nogood Boyo
> On 17 Apr, 21:25, Nogood Boyo <ynyst...@googlemail.com> wrote:
>
> > Is the 1959 Act available online? I couldn't find it anywhere.
>
> Not (as far as I know) anywhere that is free 8-(.
>
local university, what should I be looking for if I wanted to see the
original text of the Public Health Act 1925 and the Highways Acts 1959
and 1980? What did you look at, for example, to establish that the
1959 Act came into force on 1/1/1960? Did you just happen to have
access to an old copy of the Act or is there some publication that
provides old stuff like that?
--
Nogood Boyo
Jon Ribbens
> Thanks. As a matter of interest, if I went to the law library in my
> local university, what should I be looking for if I wanted to see the
> original text of the Public Health Act 1925 and the Highways Acts 1959
> and 1980? What did you look at, for example, to establish that the
> 1959 Act came into force on 1/1/1960? Did you just happen to have
> access to an old copy of the Act or is there some publication that
> provides old stuff like that?
The "Statutes in Force" series, I think.
Nogood Boyo
But they're all repealed...
--
Nogood Boyo (IANAL)
Jon Ribbens
Francis Davey
>
> Thanks. As a matter of interest, if I went to the law library in my
> local university, what should I be looking for if I wanted to see the
> original text of the Public Health Act 1925 and the Highways Acts 1959
> and 1980? What did you look at, for example, to establish that the
> 1959 Act came into force on 1/1/1960? Did you just happen to have
> access to an old copy of the Act or is there some publication that
> provides old stuff like that?
>
I used Justis (a paid-for service) and dug around there (after trying
westlaw). Justis publish all old statutes in their original form.
HMSO do publish statutes as they receive royal assent (now - older
stuff is in statutes of the realm etc) which should be available in
any copyright library (like the British library). And some outfits do
publish these things, but you would be looking at a big library. When
I used to live in Liverpool, the central library didn't have such
things. No London public library does (to my knowledge) other than the
British Library.
Sorry, I'm just in a better position to access the law than you
because I'm a lawyer (and I pay for it). I and others are campaigning
for things to be better, but its a slow process. I've asked opsi about
the 1959 act.
Francis