I am the agent for the fictional strawman that was created with the name Sarah Goldsmith

Dear Law Commission,

I am unable to find information that explains the PROCESS required for government executive to repeal legislation, either totally or in part.

Information is freely available about the process of CREATING legislation, but what I want to know is the process of removing it!

Therefore, under the FOI Act, please would you provide me with your recorded information regarding the process required?

Thank you kindly,

Sarah Goldsmith

Communications Law Com, Law Commission

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Becky Bbear left an annotation ()

Sarah - There are two ways in which legislation can be repealed, the first is by adopting an Act repealing all or part of an existing Act, the second is by including a 'saving' provision within a new Act which repeals specific sections of other related Acts.

That's the short answer, the actual process stages in each case are exactly the same as those for adopting a new Act - Drafting, Committee, Debate, Amendment, First & Second Reading, Revision, Vote, Queens Consent, Enactment.

Becky

LAWCOM (FOI), Law Commission

Dear Sarah Goldsmith

 

Thank you for your request for information dated 20/11/12 and received
in our Communications mailbox on the same day.  We acknowledge receipt. 
We are handling your request for information under the Freedom of
Information Act 2000.

 

We will respond to you as promptly as possible and, in any event, will
provide the information you seek within 20 working days from receipt of
your request, unless it transpires that we do not hold the information or
that the information is exempt from disclosure.  In the latter event we
will advise you why the information sought cannot be disclosed.

 

Your request for information will be handled within the Commission by
the Statute Law Repeals team.

 

If you have any query in the meantime relating to your request please
contact me in my capacity as the Commission’s FoI co-ordinator.

 

Yours sincerely  

 
Dan Leighton | Law Commission Editor and Communications Manager |
 
-----Original Message-----
From: I am the agent for the fictional strawman that was created with the
name Sarah Goldsmith [mailto:[FOI #139102 email]]
Sent: 20 November 2012 14:49
To: Communications Law Com
Subject: Freedom of Information request - Process of Repealing Acts

 

     Dear Law Commission,

    

     I am unable to find information that explains the PROCESS required

     for government executive to repeal legislation, either totally or

     in part.

    

     Information is freely available about the process of CREATING

     legislation, but what I want to know is the process of removing it!

    

     Therefore, under the FOI Act, please would you provide me with your

     recorded information regarding the process required?

    

     Thank you kindly,

    

     Sarah Goldsmith

    

     -------------------------------------------------------------------

    

     Please use this email address for all replies to this request:

     [FOI #139102 email]

    

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     If you find this service useful as an FOI officer, please ask your

     web manager to link to us from your organisation's FOI page.

    

    

     -------------------------------------------------------------------

 

 

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McCunn, Joanna, Law Commission

Dear Ms Goldsmith,

 

Thank you for your enquiry of 20 November 2012, in which you asked for
information about the process of repealing legislation. The doctrine of
Parliamentary sovereignty means that Parliament can create any law that it
chooses. This also means that it can alter or repeal any law made by a
previous Parliament. There is no special procedure for passing an Act that
repeals legislation: the process is exactly the same as for any other Act
of Parliament. Usually, any repeals to previous legislation will be
expressly listed in the repealing Act. However, most legislation is also
susceptible to implied repeal: that is, it will be deemed to be repealed
if it conflicts with another statute passed later.

 

Under section 3 of the Law Commissions Act 1965, the Law Commission has a
role in recommending the repeal of obsolete legislation to Parliament.
This work is carried out by the Statute Law Repeals team. We only propose
candidates for repeal if they have clearly ceased to have any effect,
usually because they are now spent or unnecessary. We are happy to receive
suggestions for the repeal of laws which meet these criteria, but we do
not recommend the repeal of Acts if they are still in use, or if their
repeal might be controversial. To date, our proposals have resulted in
eighteen Statute Law (Repeals) Acts; the nineteenth is currently being
considered by Parliament. More information about the team’s procedures and
recent work is available on our website, at
[1]http://lawcommission.justice.gov.uk/area....

 

I hope that you find this information useful. If you are not content with
the manner in which your request has been handled, you can ask us to
conduct an internal review of the request.  Please contact Dan Leighton,
our Freedom of Information co-ordinator, who will explain and initiate the
internal procedure for you.  We ask that your request for a review be made
within two months of the date of this email.

 

If you remain dissatisfied with the handling of your request, you have a
right of appeal to the Information Commissioner at:

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

t: 0303-123-1113

w: [2]www.ico.gov.uk

 

If you would like clarification of any of the issues raised in this email,
please let me know.

 

Yours sincerely,

 

Joanna McCunn

 
Joanna McCunn
Research Assistant
Statute Law Repeals Team
Law Commission
Steel House
11 Tothill Street
London SW1H 9LJ
 
Tel: 020 3334 0242
Email: [3][email address]
Website: [4]www.lawcom.gov.uk
 

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This e-mail (whether you are the sender or the recipient) may be
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References

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I am the agent for the fictional strawman that was created with the name Sarah Goldsmith

Dear Joanna,

Thank you kindly for that information, it was most useful.

Yours sincerely,

Sarah Goldsmith

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