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Legislation (Wales) Act 2019

Section 37 – Meaning of repeal and revocation in this Part

189.Section 37 makes provision about the meaning of references to the repeal and revocation of legislation in Part 2.

190.At common law, “repeal” and “revoke” include not just express repeals and revocations, but any limitation of the effect of an enactment. This includes an Act which provides that another enactment “ceases to have effect” or that it no longer applies in relation to a place, person or thing; and cases where an amendment to an enactment (or the substitution of anything for the enactment) in any way limits the operation or effect of the enactment(7).

191.Section 37(1) is intended to reflect the meaning that repeal and revocation would already have at common law. It also applies to the reference to the abolition of a rule of law in section 33.

192.The effects of section 37(2) in relation to temporary legislation are discussed above in relation to sections 34 to 36. Temporary legislation is legislation that has effect only for a limited duration and which does not require additional legislative action to be taken for it to be repealed or revoked (i.e. it will repeal or revoke itself after the duration specified comes to an end).

193.The definitions in this section do not apply outside Part 2 (unlike the definitions in Schedule 1, which will apply to all Assembly Acts and Welsh subordinate instruments to which Part 2 will apply).

7

See Report of the Law Commission and Scottish Law Commission, Interpretation Bill (Law Com No 90, Cmnd 7235, June 1978), Appendix, paragraph 5. In Moakes v Blackwell Colliery Co [1926] 2 KB 64, 70, the replacement in an Act of a reference to an amount of money with a reference to a higher amount of money was held to be a repeal.

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