Consolidation bill

Summary

A consolidation bill is a bill introduced into the Parliament of the United Kingdom with the intention of consolidating several acts of Parliament or statutory instruments into a single act. Such bills simplify the statute book without significantly changing the state of the law,[1][2] and are subject to an expedited Parliamentary procedure. Once enacted a consolidation bill becomes a consolidation act.

The parliamentary practice of legislating only for small portions of a subject at a time can create undue complexity in statute law. Acts relating to a particular subject often end up scattered over many years, and through the operation of clauses partially repealing or amending former acts, the specific meaning of the law regarding the subject becomes enveloped in intricate or contradictory expressions. For clarity, the law as expressed across many statutes is sometimes recast in a single statute, called a consolidation bill.[3]

By 1911, such bills had been passed dealing with subjects as diverse as customs, stamps and stamp duties, public health, weights and measures, sheriffs, coroners, county courts, housing, municipal corporations, libraries, trustees, copyhold, diseases of animals, merchant shipping, and friendly societies.[3]

These observations apply to the public general acts of the legislature. On the other hand, in settling local acts, such as those relating to railway and canal enterprise, the legislature always inserted certain clauses founded on reasons of public policy applicable to the business in question. To avoid the necessity of constantly re-enacting the same principles in local acts, their common clauses were embodied in separate statutes, and their provisions are ordered to be incorporated in any local act of the description mentioned therein. Such are the Lands Clauses Consolidation Act 1845 (8 & 9 Vict. c. 18),the Companies Clauses Act 1863 and the Railways Clauses Act 1863.[3]

Procedure edit

Consolidation bills are introduced in the House of Lords which, by convention, has primacy in these matters. The Lords has the only substantive discussion on the bill, at its second reading, before the bill is sent to the Joint Committee on Consolidation Bills, which may propose amendments to it. Subject to this, the Lords' third reading and all readings in the House of Commons are usually formalities and pass without debate.[1]

Most consolidation bills are proposed in the first instance by the Law Commission,[4][5] and it is this prior consideration that gives rise to the expedited process afforded to these bills.[5][6] Every consolidation bill proposed by the Law Commission has been passed by Parliament.[7]

Once a consolidation bill receives royal assent it becomes a consolidation act. An example of a consolidation act is the Powers of Criminal Courts (Sentencing) Act 2000,[8] which consolidated into a single act parts of sentencing legislation previously spread across twelve separate acts.[4] Another example of a consolidation act in relation to sentencing is the Sentencing Act 2020, which significantly replaced many acts in relation to sentencing including the Powers of Criminal Courts (Sentencing) Act 2000.

Categories of consolidation bills edit

There are five categories of bill that qualify as consolidation bills:[9]

  1. Bills which only re-enact existing law.
  2. Bills which consolidate previous laws with amendments, proposed in response to recommendations from the Law Commission.
  3. Bills to repeal existing legislation, again prepared by the Law Commission.
  4. Bills to repeal various obsolete or unnecessary parts of existing legislation.
  5. Bills which make corrections and minor improvements to existing legislation, prepared under the Consolidation of Enactments (Procedure) Act 1949.

The first three categories now account for almost all consolidation bills.[9]

List of consolidation acts edit

No consolidation acts were passed in 2008.[10]

The following are consolidation acts:[11][12]

No consolidation acts were passed in 2004.[13]

The European Parliamentary Elections Act 2002 is a consolidation act.[14]

The Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) is a consolidation act.[15]

No consolidation acts were passed in 1999.[16]

The Petroleum Act 1998 (c. 17) and the Audit Commission Act 1998 (c 18) are consolidation acts.[17] The Audit Commission Act 1998 primarily consolidated the provisions of Part III of the Local Government Finance Act 1982, along with certain other legislation relating to the Audit Commission.[18]

The following are consolidation acts:[19]

  • The Town and Country Planning (Scotland) Act 1997 (c. 8)
  • The Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9)
  • The Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10)
  • The Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11)
  • The Architects Act 1997 (c. 22)
  • The Lieutenancies Act 1997 (c. 23)
  • The Nurses, Midwives and Health Visitors Act 1997 (c. 24)
  • The Justices of the Peace Act 1997 (c. 25)

The following are consolidation acts:[20]

The following are consolidation acts:[22]

The following are consolidation acts:[23]

The following are consolidation acts:[24]

The following are consolidation acts:[25]

The following are consolidation acts:[26]

The following are consolidation acts:[27]

The following acts are consolidation acts:[28]

  • The Extradition Act 1989 (c. 33)
  • The Opticians Act 1989 (c. 44)
  • The Prisons (Scotland) Act 1989 (c. 45)

The following are consolidation acts:[29]

The Housing (Scotland) Act 1987 (c. 26) is a consolidation act.[30]

The following are consolidation acts:[31]

The following are consolidation acts:[32]

The following are consolidation acts:[33]

The following are consolidation acts:[34]

The Pastoral Measure 1983 (No. 1) is a consolidation measure.[35]

The following are consolidation acts:[36]

  • The Agricultural Training Board Act 1982 (c. 9)
  • The Industrial Training Act 1982 (c. 10)
  • The Civil Aviation Act 1982 (c. 16)
  • The Iron and Steel Act 1982 (c. 25)
  • The Aviation Security Act 1982 (c. 36)
  • The Insurance Companies Act 1982 (c. 50)
  • The Industrial Development Act 1982 (c. 52)

The following are consolidation acts:[37]

  • The English Industrial Estates Corporation Act 1981 (c. 13)
  • The Public Passenger Vehicles Act 1981 (c. 14)
  • The National Film Finance Corporation Act 1981 (c. 15)
  • The Film Levy Finance Act 1981 (c. 16)
  • The Judicial Pensions Act 1981 (c. 20)
  • The Animal Health Act 1981 (c. 22)
  • The Betting and Gaming Duties Act 1981 (c. 63)
  • The New Towns Act 1981 (c. 64)
  • The Trustee Savings Banks Act 1981 (c. 65)
  • The Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66)
  • The Acquisition of Land Act 1981 (c. 67)
  • The Broadcasting Act 1981 (c. 68)

The following are consolidation acts:[38]

  • The Child Care Act 1980 (c. 5)
  • The Foster Children Act 1980 (c. 6)
  • The Residential Homes Act 1980 (c. 7)
  • The Reserve Forces Act 1980 (c. 9)
  • The Slaughter of Animals (Scotland) Act 1980 (c. 13)
  • The Magistrates' Courts Act 1980 (c. 43)
  • The Education (Scotland) Act 1980 (c. 44)
  • The Water (Scotland) Act 1980 (c. 45)
  • The Solicitors (Scotland) Act 1980 (c. 46)
  • The Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
  • The Limitation Act 1980 (c. 58)
  • The Overseas Development and Cooperation Act 1980 (c. 63)
  • The Highways Act 1980 (c. 66)

The following are consolidation acts:[39]

  • The Customs and Excise Management Act 1979 (c. 2)
  • The Customs and Excise Duties (General Reliefs) Act 1979 (c. 3)
  • The Alcoholic Liquor Duties Act 1979 (c. 4)
  • The Hydrocarbon Oil Duties Act 1979 (c. 5)
  • The Matches and Mechanical Lighters Duties Act 1979 (c 6)
  • The Tobacco Products Duty Act 1979 (c 7)
  • The Excise Duties (Surcharges or Rebates) Act 1979 (c. 8)
  • The Electricity (Scotland) Act 1979 (c. 11)
  • The Wages Councils Act 1979 (c. 12)
  • The Agricultural Statistics Act 1979 (c. 13)
  • The Capital Gains Tax Act 1979 (c. 14)
  • The International Monetary Fund Act 1979 (c. 29)
  • The Exchange Equalisation Account Act 1979 (c. 30)
  • The Prosecution of Offences Act 1979 (c. 31)
  • The Sale of Goods Act 1979 (c. 54)
  • The Justices of the Peace Act 1979 (c. 55)

The following are consolidation acts:[40]

  • The Commonwealth Development Corporation Act 1978 (c. 2)
  • The Refuse Disposal (Amenity) Act 1978 (c. 3)
  • The Northern Ireland (Emergency Provisions) Act 1978 (c. 5)
  • The Export Guarantees and Overseas Investment Act 1978 (c. 18)
  • The Oaths Act 1978 (c. 19)
  • The Adoption (Scotland) Act 1978 (c. 28)
  • The National Health Service (Scotland) Act 1978 (c. 29)
  • The Interpretation Act 1978 (c. 30)
  • The Employment Protection (Consolidation) Act 1978 (c. 44)

The following are consolidation acts:[41]

The following are consolidation acts:[42]

The following are consolidation acts:[43]

  • The Supply Powers Act 1975 (c. 9)
  • The Social Security Act 1975 (c. 14)
  • The Social Security (Northern Ireland) Act 1975 (c. 15)
  • The Industrial Injuries and Diseases (Old Cases) Act 1975 (c. 16)
  • The Industrial Injuries and Diseases (Northern Ireland Old Cases) Act 1975 (c. 17)
  • The Criminal Procedure (Scotland) Act 1975 (c. 21)
  • The House of Commons Disqualification Act 1975 (c. 24)
  • The Northern Ireland Assembly Disqualification Act 1975 (c. 25)
  • The Ministers of the Crown Act 1975 (c. 26)
  • The Ministerial and other Salaries Act 1975 (c. 27)
  • The Nursing Homes Act 1975 (c. 37)
  • The Export Guarantee Act 1975 (c. 38)
  • The Salmon and Freshwater Fisheries Act 1975 (c. 51)
  • The Iron and Steel Act 1975 (c. 64)
  • The Recess Elections Act 1975 (c. 66)
  • The Airports Authority Act 1975 (c. 78)

The following are consolidation acts:[44]

The following are consolidation acts:[45]

  • The Costs in Criminal Cases Act 1973 (c. 14)
  • The Matrimonial Causes Act 1973 (c. 18)
  • The Independent Broadcasting Authority Act 1973 (c. 19)
  • The Powers of Criminal Courts Act 1973 (c. 62)

The following are consolidation acts:[46]

  • The Local Employment Act 1972 (c. 5)
  • The Summer Time Act 1972 (c. 6)
  • The Road Traffic Act 1972 (c. 20)
  • The Betting and Gaming Duties Act 1972 (c. 25)
  • The Town and Country Planning (Scotland) Act 1972 (c. 52)
  • The Contracts of Employment Act 1972 (c. 53)
  • The Land Charges Act 1972 (c. 61)
  • The National Debt Act 1972 (c. 65)

The following are consolidation acts:[47]

  • The Guardianship of Minors Act 1971 (c. 3)
  • The Vehicles (Excise) Act 1971 (c. 10)
  • The Hydrocarbon Oil (Customs and Excise) Act 1971 (c. 12)
  • The Coinage Act 1971 (c. 24)
  • The Rent (Scotland) Act 1971 (c. 28)
  • The National Savings Bank Act 1971 (c. 29)
  • The Attachment of Earnings Act 1971 (c. 32)
  • The Prevention of Oil Pollution Act 1971 (c. 60)
  • The Tribunals and Inquiries Act 1971 (c. 62)
  • The Town and Country Planning Act 1971 (c. 78)

The following are consolidation acts:[48]

The following are consolidation acts:[49]

  • The Customs Duties (Dumping and Subsidies) Act 1969 (c. 16)
  • The Trustee Savings Banks Act 1969 (c. 50)
  • The Late Night Refreshment Houses Act 1969 (c. 53)

The following are consolidation acts:[50]

  • The Provisional Collection of Taxes Act 1968 (c. 2)
  • The Capital Allowances Act 1968 (c. 3)
  • The New Towns (Scotland) Act 1968 (c. 16)
  • The Criminal Appeal Act 1968 (c. 19)
  • The Courts-Martial (Appeals) Act 1968 (c. 20)
  • The Criminal Appeal (Northern Ireland) Act 1968 (c. 21)
  • The Rent Act 1968 (c. 23)
  • The Export Guarantees Act 1968 (c. 26)
  • The Firearms Act 1968 (c. 27)
  • The Housing (Financial Provisions) (Scotland) Act 1968 (c. 31)

The following are consolidation acts:[51]

  • The Plant Health Act 1967 (c. 8)
  • The General Rate Act 1967 (c. 9)
  • The Forestry Act 1967 (c. 10)
  • The Teachers' Superannuation Act 1967 (c. 12)
  • The Development of Inventions Act 1967 (c. 32)
  • The Air Corporations Act 1967 (c. 33)
  • The Industrial Injuries and Diseases (Old Cases) Act 1967 (c. 34)
  • The Advertisements (Hire-Purchase) Act 1967 (c. 42)
  • The Legal Aid (Scotland) Act 1967 (c. 43)
  • The Road Traffic Regulation Act 1967 (c. 76)
  • The Police (Scotland) Act 1967 (c. 77)
  • The Sea Fisheries (Shellfish) Act 1967 (c. 83)
  • The Sea Fisheries (Conservation) Act 1967 (c. 84)

The following are consolidation acts:[52]

The following are consolidation acts:[53]

The Television Act 1964 (c. 21) and the Licensing Act 1964 (c. 26) are consolidation acts.[54]

See also edit

References edit

  1. ^ a b "Parliamentary Stages of a Government Bill" (PDF). House of Commons Information Office. March 2003. pp. 7–8. Archived from the original (PDF) on 15 May 2006. Retrieved 15 June 2006.
  2. ^ "Glossary - Parliamentary Jargon Explained". United Kingdom Parliament Website. Archived from the original on 16 May 2006. Retrieved 15 June 2006.
  3. ^ a b c Chisholm 1911.
  4. ^ a b "About Us". The Law Commission. Archived from the original on 11 July 2006. Retrieved 15 June 2006.
  5. ^ a b "Statutory Law and Parliament - Legislative Procedure in the House of Commons". UK Law Online. Centre for Criminal Justice Studies, University of Leeds. October 1998. Retrieved 15 June 2006.
  6. ^ House of Lords Select Committee on the Constitution (8 June 2006). Legislative and Regulatory Reform Bill - Report With Evidence (PDF). London: The Stationery Office Limited. p. 32.
  7. ^ Stuart Bridge (2003). "Working For Better Law: The Role of the Law Commission". Archived from the original on 24 August 2006. Retrieved 15 June 2006.
  8. ^ Public and General Acts 2000 (chapter 6) (2000). Powers of Criminal Courts (Sentencing) Act 2000. The Stationery Office Limited. ISBN 0-10-540600-7.{{cite book}}: CS1 maint: numeric names: authors list (link)
  9. ^ a b "Companion to the Standing Orders and guide to the Proceedings of the House of Lords". The Stationery Office. 2005. Archived from the original on 14 February 2006. Retrieved 15 June 2006.
  10. ^ The Public General Acts and General Synod Measures 2008. TSO. 2009. ISBN 9780118404693. Part V (tables and index). Page 3211.
  11. ^ The Public General Acts and General Synod Measures 2006. TSO. 2007. ISBN 9780118404471. Part VI (tables and index). Pages i, j and 4941. (Each of these acts is a "Consolidation or Tax Law Rewrite Act").
  12. ^ "Tax Law Rewrite" Archived 2006-04-18 at the Wayback Machine. HMRC. (These acts are not Tax Law Rewrite Acts).
  13. ^ The Public General Acts and General Synod Measures 2004. TSO. ISBN 0 11 840423 7. Part IV (tables and index). Table V. Page i.
  14. ^ The Public General Acts and General Synod Measures 2002. TSO. 2003. ISBN 0 11 840401 6. Part V (tables and index). Pages i and j.
  15. ^ The Public General Acts and General Synod Measures 2000. The Stationery Office Limited. 2002. ISBN 0 11 840386 9. Part IV (tables and indexes). Pages h, i, l and i.
  16. ^ The Public General Acts and General Synod Measures 1999. The Stationery Office Limited. 2000. ISBN 0 11 840381 8. Part III (tables and indexes). Page h.
  17. ^ The Public General Acts and General Synod Measures 1998. The Stationery Office Limited. 1999. ISBN 0 11 840373 7. Part IV (tables and indexes). Pages i, j and i.
  18. ^ England and Wales High Court (Administrative Court), Veolia ES Nottinghamshire Ltd v Nottinghamshire County Council & Ors, EWHC 2382 (Admin), section 21, 1 October 2009, accessed 5 June 2023
  19. ^ The Public General Acts and General Synod Measures 1997. The Stationery Office Limited. 1998. ISBN 0 11 840369 9. Part III (tables and index). Pages i, j and i.
  20. ^ The Public General Acts and General Synod Measures 1996. The Stationery Office Limited. 1998. ISBN 0 11 840360 5. Part IV (tables and index). Pages i, j and i.
  21. ^ The Employment Rights (Dispute Resolution) Act 1998, section 1(2)(c), amending section 48 of 1996 c. 17.
  22. ^ The Public General Acts and General Synod Measures 1995. The Stationery Office Limited. 1997. ISBN 0 11 840356 7. Part IV (tables and index). Pages i, j and i.
  23. ^ The Public General Acts and General Synod Measures 1994. HMSO. London. 1995. ISBN 0 11 840337 0. Part IV (tables and index). Pages g and i.
  24. ^ The Public General Acts and General Synod Measures 1993. HMSO. London. 1994. ISBN 0 11 840330 3. Part IV (tables and index). Pages i, j and i.
  25. ^ The Public General Acts and General Synod Measures 1992. HMSO. London. 1993. Part V (tables and index). ISBN 0 11 840323 0. Pages i, j and i.
  26. ^ The Public General Acts and General Synod Measures 1991. HMSO. London. 1993. ISBN 0 11 840314 1. Part IV (tables and index). Pages i, j and i.
  27. ^ The Public General Acts and General Synod Measures 1990. HMSO. London. 1991. ISBN 0 11 840302 8. Part IV (tables and index). Pages i and i.
  28. ^ The Public General Acts 1989. HMSO. London. 1990. ISBN 0 11 840292 7. Part IV (tables and index). Pages i, j and i.
  29. ^ The Public General Acts and General Synod Measures 1988. HMSO. London. 1990. ISBN 0 11 840290 0. Part V (tables and index). Pages i, j and i.
  30. ^ The Public General Acts and General Synod Measures 1987. HMSO. London. 1988. ISBN 0 11 840275 7. Part III (tables and index). Pages i, j and i.
  31. ^ The Public General Acts and General Synod Measures 1986. HMSO. London. 1987. ISBN 0 11 840272 2. Part V (tables and index). Pages k, l and i.
  32. ^ The Public General Acts and General Synod Measures Act 1985. HMSO. London. 1986. ISBN 0 11 840256 0. Part V (tables and index). Pages k, l and i.
  33. ^ The Public General Acts and General Synod Measures 1984. HMSO. London. 1985. ISBN 0 11 840244 7. Part IV (tables and index). Pages i, j and i.
  34. ^ The Public General Acts and General Synod Measures 1983. HMSO. London. 1984. ISBN 0 11 840234 X. Part III (tables and index). Pages i, j and i.
  35. ^ The Public General Acts and General Synod Measures 1983. HMSO. London. 1984. ISBN 0 11 840234 X. Page i.
  36. ^ The Public General Acts and General Synod Measures 1982. HMSO. London. 1983. ISBN 0 11 840225 0. Part III (tables and index). Pages i, j and i.
  37. ^ The Public General Acts and General Synod Measures 1981. HMSO. London. ISBN 0 11 840214 5. Part III (tables and index). Pages i, j and i.
  38. ^ The Public General Acts and General Synod Measures 1980. HMSO. London. ISBN 0 11 840200 5. Part IV. Pages i, j and i.
  39. ^ The Public General Acts and General Synod Measures 1979. HMSO. London. ISBN 0 11 840194 7. Part III (tables and index). Pages i, j and i.
  40. ^ The Public General Acts and General Synod Measures 1978. HMSO. London. ISBN 0 11 840185 8. Part III (tables and index). Pages i, j and i.
  41. ^ The Public General Acts and General Synod Measures 1977. HMSO. London. ISBN 0 11 840179 3. Part III (tables and index). Pages i, j and i.
  42. ^ The Public General Acts and General Synod Measures 1976. HMSO. London. ISBN 0 11 840159 9. Part III (tables and index). Pages j, k and i.
  43. ^ The Public General Acts and General Synod Measures 1975. HMSO. London. 1976. Part I. Pages j to l.
  44. ^ The Public General Acts and General Synod Measures 1974. HMSO. London. 1975. ISBN 0 11 840139 4. Part I. Pages i and j.
  45. ^ The Public General Acts 1973. HMSO. London. 1974. ISBN 0 11 840124 6. Part I. Pages i and j.
  46. ^ The Public General Acts and General Synod Measures 1972. HMSO. London. 1973. SBN 11 840114 9. Part I. Pages k and l.
  47. ^ The Public General Acts and Church Assembly Measures 1971. HMSO. London. 1972. Part I. Pages k and l.
  48. ^ The Public General Acts and Church Assembly Measures 1970. HMSO. London. 1971. Part I. Pages k and l.
  49. ^ The Public General Acts and Church Assembly Measures 1969. HMSO. London. 1970. Part I. Pages k and l.
  50. ^ The Public General Acts and Church Assembly Measures 1968. HMSO. London. 1969. Part I. Pages j and k.
  51. ^ The Public General Acts and Church Assembly Measures 1967. HMSO. London. 1968. Part I. Pages j to l. (The footnotes to the acts from c. 32 onwards read "Consolidated Act", but this looks like a typo).
  52. ^ The Public General Acts 1966. HMSO. London. 1966. Pages i and j.
  53. ^ The Public General Acts and Church Assembly Measures 1965. HMSO. London. 1966. Part I. Pages j to l.
  54. ^ The Public General Acts and Church Assembly Measures 1964. HMSO. London. 1965. Volume I. Page j.

External links edit

  • The Joint Committee on Consolidation Bills
  • The Law Commission
  • The United Kingdom Parliament
  •   This article incorporates text from a publication now in the public domainChisholm, Hugh, ed. (1911). "Consolidation Acts". Encyclopædia Britannica. Vol. 6 (11th ed.). Cambridge University Press. p. 979.