Memorandum by Her Majesty's Stationery Office (FB 40)
LOCAL ACTS: INCLOSURE ACTS 1800-1803
Alan Pawsey, Head of Statutory Publications
and Queen's Printer Functions, has asked me to respond to your
letter of 17 September in connection with the current status of
the sample of inclosure Acts sent with your letter.
Your letter asks for any information about any
change in status of these local Acts since December 1996 (the
date to which the latest Supplement to the Chronological Table
of Local Legislation takes the matter).
All the Acts in the sample have remained unaffected
to December 1997 according to our records. We prepare the Tables
of Effects to the Statutes (and the Supplements mentioned
above) here in this office and a scan of the recently completed
electronic text of the 1997 Tables has come up with a negative.
Since the work for the Tables of Effects for
1998 is incomplete we cannot give such a definitive reply as to
the status today. However a (not yet fully perfected) search of
the texts of the Acts and Statutory Instruments of 1998 to date
(via our Internet website http://www.hmso.gov.uk) has not turned
up any repeals or amendments to your Acts.
Looking at the text of the current Statute Law
(Repeals) Bill, it appears that there are no proposed repeals
of the local inclosure Acts in your sample. In fact there are
no proposals to repeal any local inclosure Acts.. in the 1995
Statute Law (Repeals) Act there were some repeals of "local"
inclosure Acts in Nottinghamshire and Bedfordshire. I have put
the word "local" in inverted commas because although
all the inclosure Acts relevant to your committee's investigation
are of a local nature, the ones before 1797 were in the Private
Act series. The Act relevant to the case against the Flamborough
Parish Council mentioned in your letter was a Private Act of 1765.
After 1797 (when the Local Act series of Acts started) many inclosure
Acts continued to be put on the Private Act roll so that for example
in 1804 (41 Geo. 3) there were 107 inclosure Acts which were placed
on the Private Act roll. The status of these Acts to 1997 will
be recorded in the new Chronological Table of the Private and
Personal Acts prepared at the Law Commission and due for publication
early next year. No doubt you are in touch, via John Saunders,
with Anthony Rowland who is both in charge of the preparation
of the new Table and deals with local Act repeals at the Law Commission.
The Notes on the Bill for the 1995 Statute Law (Repeals) Bill
had some useful stuff on the local inclosure Acts. Equally I expect
you are aware of some Public General inclosure Acts being proposed
coincidentally for repeal in the current 1998 Statute Law (Repeals)
Bill.
Although these proposed repeals may not be strictly
relevant to your investigations, the Notes on the Bill may again
be helpful to you. On the whole local inclosure Acts have remained
unrepealed and unaffected by later legislation.
Mrs Trissa Orange
September 1998
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