In our consultation paper we propose the repeal of some 30 obsolete statutory provisions, either in whole or in part, relating to courts and administration of justice.
Twenty-three of the repeals involve whole Acts, spanning the period 1688 to 1840. Some of these Acts were promoted across England, Wales and part of Ireland in order that new court buildings - often for assize sittings - and various judges’ lodgings could be constructed (and buildings in a poor state of repair could be decommissioned). Other Acts in this series were designed to put in place local courts for the recovery of small debts, to save litigants journeys to London. These debt courts were superseded in the 1840s by the county courts system.
The more recent pieces of legislation recommended for repeal (1949 to 2007, including one statutory instrument) cover two narrow areas: qualification of solicitors who had served a period of years as a justices’ clerk’s assistant; and fees to accompany applications for the rank of QC.
None of the legislative provisions discussed in this paper now have practical usefulness.
The closing date for comments is 29 January 2010.
