An Act to promote the revision of statute law by revoking, with the exception of certain instruments, every instrument made before 1 January 1821, to identify those instruments that are not being revoked by this Act, to assign citations to those instruments so as to facilitate their citation, to amend the Statutory Instruments Act 1947, to provide a means by which prima facie evidence of certain instruments may be given, to transfer certain functions under the Statute Law Revision Act 2007 and to provide for related matters. [18th July, 2015.]

Be it enacted by the Oireachtas as follows:

Interpretation

1. In this Act—

“Act of 2005” means the Interpretation Act 2005 ;

“instrument” means—

(a) an order, regulation, rule, bye-law, scheme or proclamation,

(b) any similar instrument (including a warrant, licence, certificate, direction, notice or guideline) of a regulatory, general or public nature, howsoever described, other than a charter or letters patent, or

which was made in exercise of a power conferred by or under a statute, instrument, charter, administrative authority or executive authority including a prerogative power, or which was published in, or notice of the making of which was published in, the Dublin Gazette or the London Gazette;

“made” includes issued, granted or otherwise created;

“Minister” means the Minister for Public Expenditure and Reform;

“statute” includes, where the context allows, a royal ordinance, charter or similar document that—

(a) is of a public and general nature, and

(b) by virtue of its antiquity and having been granted or otherwise made before or during the development of the parliamentary system, is judicially noticed as having the force and effect of an Act of Parliament.

General statute law revision revocation and saver

2. (1) Subject to subsection (2), all instruments made before 1 January 1821 that are in force in the State immediately before the passing of this Act are revoked.

(2) Subsection (1) does not apply to—

(a) the instruments specified in Schedule 1 , or

(b) any saving, or any transitional or continuing matter, provided for or in respect of an instrument revoked by or under—

(i) any instrument made, or

(ii) any statute passed,

before the passing of this Act.

(3) Subsection (2)(b) is without prejudice to section 27 of the Act of 2005 and section 5 .

(4) The inclusion of an instrument in Schedule 1 shall not confer any statutory effect on the instrument or restrict the exercise of any power to amend or revoke that instrument.

(5) An instrument specified in column (3) of Schedule 1 , opposite a reference number specified in column (1) of that Schedule, may be revoked by an order made by the Minister of the Government specified in column (5) of that Schedule opposite that reference number.

(6) Subsection (5) is without prejudice to any other power of revocation, including section 22(3) of the Act of 2005.

(7) An order under subsection (5) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if either such House, within the next 21 days on which the House sits after the order is laid before it, passes a resolution annulling the order, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

Specific revocations

3. (1) For ease of reference, there is set out in Schedule 2 a list of instruments made before 1 January 1821 which—

(a) were not wholly revoked before the passing of this Act, and

(b) are not saved by virtue of section 2 (2)(a),

and for the purposes of this subsection “wholly revoked” includes an instrument to which section 2 (2)(b) relates.

(2) The fact that an instrument, other than an instrument to which section 2 (2)(a) relates, is not referred to in Schedule 2 shall not be read as saving or continuing such instrument for any purpose other than as provided for by or referred to in section 2 (2)(b).

(3) The inclusion of an instrument in Schedule 2 shall not be taken as evidence that the instrument, or any provision of it, was of full force and effect immediately before the passing of this Act.

Assignment of citations

4. In respect of each instrument specified in column (1) in any Part of Schedule 1 , each such instrument may be cited by the citation assigned to it in column (4) of the Part concerned opposite the mention of that instrument in column (3).

Savings

5. (1) This Act does not affect any existing principle or rule of law or equity or any established jurisdiction, form or course of pleading, practice or procedure or any existing trust, notwithstanding that it may have been in any manner derived from, affirmed or recognised by any instrument revoked by this Act.

(2) Where any instrument not revoked by this Act, or statute, has been commenced, applied, confirmed, revived or perpetuated by a revoked instrument, such commencement, application, confirmation, revival or perpetuation is not affected by the revocation.

Amendment of sections 2 and 3 of Statutory Instruments Act 1947

6. The Statutory Instruments Act 1947 is amended—

(a) in section 2—

(i) by inserting after subsection (2) the following:

“(2A) Statutory instruments made under any of—

(a) sections 17 , 21 to 23 , 25 to 27 , 29 , 33 , 35 , 36 (3) as respects revocation orders, 37 to 49 , 53 , 55 , 56 , 60 to 68 , 70 , 72 , 73 , 75 , 80 to 82 , 84 , 86 to 88 , 90 , 92 to 94 , 97 , 98 , 100 , 102 , 103 , 114 to 117 , 180 , 182 , 184 , 243 , 244 , 246 , 290 and 292 of the Defence Act 1954 , or

(b) sections 2 and 5 of the Defence (Amendment) Act 1990 ,

shall not be instruments to which this Act primarily applies.”,

(ii) by repealing subsections (3) and (4), and

(iii) in subsection (5) —

(I) in paragraph (a), by deleting “or direction”, and

(II) in paragraph (b), by deleting “or direction” in both places where it occurs,

and

(b) in section 3(1) (as substituted by section 1 of the Statutory Instruments (Amendment) Act 1955 ) in paragraph (a), by deleting all the words beginning with “, the Dublin Chamber of Commerce” down to and including “the Galway Chamber of Commerce”.

Evidence of certain instruments and designation of specified institution

7. (1) In addition to the provisions of the Evidence Act 1845 , the Documentary Evidence Act 1868 and the Documentary Evidence Act 1882 (in so far as they relate to the publications set out in paragraph (a)), prima facie evidence of an instrument (including, if required, an instrument revoked by section 2 ) may be given in all courts and in all legal proceedings—

(a) by producing a copy of the instrument as published in one of the following publications:

(i) the Dublin Gazette (in the Schedules referred to as “D.G.”);

(ii) the London Gazette (in the Schedules referred to as “L.G.”);

(iii) Iris Oifigiúil;

(iv) the annual volumes of Statutory Rules and Orders, published by authority from 1894 to 1922;

(v) the Statutory Rules and Orders Revised, published by authority in 1889;

(vi) the Statutory Rules and Orders Revised, published by authority in 1903;

(vii) the Statutory Rules and Orders and Statutory Instruments Revised, third edition, published by the H.M.S.O. in 1948 (in Schedule 2 referred to as “Rev. 1948”);

(viii) “Proclamations of Ireland”, edited by James Kelly with Marian Lyons, published by the Irish Manuscripts Commission in 2014 (in the Schedules referred to as “P.O.I.”);

(ix) “A Bibliography of Proclamations 1485-1910”, Volume I, edited by Robert Steele and published in 1910 (in the Schedules referred to as “Steele Vol. 1”);

(x) “A Bibliography of Proclamations 1485-1910”, Volume II, edited by Robert Steele and published in 1910 (in the Schedules referred to as “Steele Vol. 2”);

(xi) “A Bibliography of Proclamations 1485-1910”, Volume III, edited by Robert Steele and published in 1910;

(xii) “A Bibliography of Proclamations 1485-1910”, Volume IV, edited by Robert Steele and published in 1913 (in the Schedules referred to as “Steele Vol. 4”);

(xiii) “Tudor Royal Proclamations”, Volume I, edited by Paul Hughes and James Larkin and published in 1964 (in the Schedules referred to as H. & L.T. Vol. 1);

(xiv) “Tudor Royal Proclamations”, Volume II, edited by Paul Hughes and James Larkin and published in 1969 (in the Schedules referred to as H. & L.T. Vol. 2);

(xv) “Tudor Royal Proclamations”, Volume III, edited by Paul Hughes and James Larkin and published in 1969 (in the Schedules referred to as H. & L.T. Vol. 3);

(xvi) “Stuart Royal Proclamations”, Volume I, edited by Paul Hughes and James Larkin and published in 1973 (in the Schedules referred to as H. & L. S. Vol. 1);

(xvii) “Stuart Royal Proclamations”, Volume II, edited by James Larkin and published in 1983 (in the Schedules referred to as Larkin S. Vol. 2),

(b) by producing a copy taken from the copy of the instrument as published in any publication referred to in paragraph (a), where the copy so taken is certified by an official of a specified institution to be a true and accurate copy of the instrument as appears in the publication concerned; and any document purporting to be a copy so taken (however expressed) shall be received in evidence without proof of the official position or handwriting of the person signing the certificate, or of his or her authority to do so.

(2) (a) In subsection (1)(b) “specified institution” means the National Library of Ireland, or such other library or archive as may be designated in writing by the Minister under paragraph (b).

(b) The Minister may designate a library or archive for the purposes of this section and, except where otherwise provided for by the designation, the designation shall be deemed to be made in respect of all of the publications referred to in subsection (1)(a).

(d) Notice of the making of a designation or a revocation under this subsection shall be published in the Iris Oifigiúil as soon as practicable after it has been made.

(3) A specified institution may impose a charge or charges for the purpose of covering the costs incurred by it in providing, under this section, a copy of an instrument, including costs relating to retrieving and copying from the publication concerned and checking and certifying the copy of the instrument.

Transfer of functions under section 8 of Statute Law Revision Act 2007

8. The functions of the Taoiseach under section 8 of the Statute Law Revision Act 2007 are transferred to the Minister.

Short title and collective citations

9. (1) This Act may be cited as the Statute Law Revision Act 2015.

(2) The Short Titles Acts 1896 to 2012, section 4 , this subsection and, in so far as it relates to section 4 , Schedule 1 may be cited together as the Short Titles Acts 1896 to 2015.

(3) The statutes specified in the Table to this section and this Act may be cited together as the Statute Law Revision Acts 1861 to 2015.

Table

List of Prior Statutes included in Collective Citation provided by subsection (3)

Statute Law Revision Act 1861

Statute Law Revision Act 1867

Statute Law Revision Act 1870

Statute Law Revision Act 1871

Statute Law Revision Act 1872

Statute Law Revision Act 1872 (No. 2)

Statute Law (Ireland) Revision Act 1872

Statute Law Revision Act 1873

Statute Law Revision Act 1874

Statute Law Revision Act 1874 (No. 2)

Statute Law Revision Act 1875

Statute Law Revision (Substituted Enactments) Act 1876

Statute Law Revision (Ireland) Act 1878

Statute Law Revision Act 1878

Statute Law Revision (Ireland) Act 1879

Statute Law Revision Act 1883

Statute Law Revision Act 1887

Statute Law Revision Act 1888

Statute Law Revision (No. 2) Act 1888

Statute Law Revision Act 1890

Statute Law Revision (No. 2) Act 1890

Statute Law Revision Act 1891

Statute Law Revision Act 1892

Statute Law Revision Act 1893

Statute Law Revision (No. 2) Act 1893

Statute Law Revision Act 1894

Statute Law Revision Act 1898

Statute Law Revision Act 1908

Statute Law Revision (Pre-Union Irish Statutes) Act 1962

Statute Law Revision Act 1983

Statute Law Revision (Pre-1922) Act 2005

Statute Law Revision Act 2007

Statute Law Revision Act 2009

Statute Law Revision Act 2012

SCHEDULE 1

Instruments Retained in Force

Part 1

Irish Instruments 1169 to 1800

Reference Number	Date	Subject matter	New citation assigned by this Act	Minister responsible
1.	April 26, 1677 [P.O.I. Vol. 1 p. 379]	Proclamation against illegal warrants by some sheriffs and justices of the peace that omit to name the persons against whom they are granted	Form of Warrants Order 1677	Minister for Justice and Equality
2.	February 6, 1685 [P.O.I. Vol. 1 p. 453]	Proclamation authorising Ulster King of Arms to prevent improper use of arms, style of esquire or gentleman, etc.	Genealogical Office Order 1685	Minister for Arts, Heritage and the Gaeltacht
3.	October 25, 1705 [P.O.I. Vol. 2 p. 582]	Declaration announcing that the Dublin Gazette is published by authority	Dublin Gazette Order 1705	Minister for Public Expenditure and Reform
4.	November 14, 1780 [D.G., Issue No. 3902]	Licence to William Howard to use the name and arms of Forward	Forward Name and Arms Order 1780	Minister for Arts, Heritage and the Gaeltacht
5.	May 3, 1781 [D.G., Issue No. 3980]	Licence to Francis Pierpont Burton, Baron Conyngham, to use the name and arms of Conyngham	Conyngham Name and Arms Order 1781	Minister for Arts, Heritage and the Gaeltacht
6.	May 3, 1781 [D.G., Issue No. 3980]	Licence to William Burton to use the name and arms of Conyngham	Conyngham Name and Arms (No. 2) Order 1781	Minister for Arts, Heritage and the Gaeltacht
7.	July 27, 1782	Commission regarding Bank of Ireland	Bank of Ireland Order 1782	Minister for Jobs, Enterprise and Innovation
8.	August 1, 1795 [D.G., Issue No. 6209]	Licence to Noah Webb to use the name and arms of Dalway	Dalway Name and Arms Order 1795	Minister for Arts, Heritage and the Gaeltacht

Part 2

Instruments of England 1066 to 1707

Reference Number

Date

Subject matter

New citation assigned by this Act

Minister responsible

March 8, 1624 [Steele Vol. 1 p. 162]

Proclamation concerning ambassadors and foreign ministers

Protection of Foreign Diplomats Order 1624

Minister for Foreign Affairs and Trade

Part 3

Instruments of Great Britain 1707 to 1800

Reference Number	Date	Subject matter	New citation assigned by this Act	Minister responsible
10.	April 15, 1775 [L.G., Issue No. 11552]	Licence to Richard Gorges to use the name and arms of Meredyth	Meredyth Name and Arms Order 1775	Minister for Arts, Heritage and the Gaeltacht
11.	December 23, 1780 [L.G., Issue No. 12146]	Licence to Bryan Paul de Killikelly to use the name and arms of Lynch	Lynch Name and Arms Order 1780	Minister for Arts, Heritage and the Gaeltacht
12.	September 19, 1789 [L.G., Issue No. 13132]	Licence to Thomas Charles Tracy to use the name and arms of Leigh	Leigh Name and Arms Order 1789	Minister for Arts, Heritage and the Gaeltacht
13.	December 13, 1798 [D.G., Issue No. 6738]	Licence to Hugh Palliser Walters to use the name and arms of Palliser	Palliser Name and Arms Order 1798	Minister for Arts, Heritage and the Gaeltacht

Part 4

Instruments of the British Government in Ireland 1801 to 1820

Reference Number	Date	Subject matter	New citation assigned by this Act	Minister responsible
14.	November 26, 1801 [D.G., Issue No. 7200]	Licence to George Audouin to use name and arms of Lamb	Lamb Name and Arms Order 1801	Minister for Arts, Heritage and the Gaeltacht
15.	January 8, 1806 [D.G., Issue No. 7848]	Licence to James West to use name and arms of Lyster	Lyster Name and Arms Order 1806	Minister for Arts, Heritage and the Gaeltacht
16.	March 8, 1806 [D.G., Issue No. 7882]	Licence to George Sheils to use name and arms of Eccleston	Eccleston Name and Arms Order 1806	Minister for Arts, Heritage and the Gaeltacht
17.	March 8, 1806 [D.G., Issue No. 7882]	Licence to Walter O'Donnell to use name and arms of Clarke	Clarke Name and Arms Order 1806	Minister for Arts, Heritage and the Gaeltacht
18.	March 9, 1808 [D.G., Issue No. 8189]	Licence to Thomas Grove to use name and arms of Brooke	Brooke Name and Arms Order 1808	Minister for Arts, Heritage and the Gaeltacht
19.	August 19, 1808 [D.G., Issue No. 8261]	Order setting out the limits of the divisions of the district of Dublin City	Dublin Police Order 1808	Minister for Justice and Equality
20.	November 11, 1808 [D.G., Issue No. 8295]	Licence to Richard Yeung to use name and arms of Reynolds	Reynolds Name and Arms Order 1808	Minister for Arts, Heritage and the Gaeltacht
21.	January 11, 1809 [D.G., Issue No. 8322]	Licence to Samuel Delacherois to use name and arms of Crommelin	Crommelin Name and Arms Order 1809	Minister for Arts, Heritage and the Gaeltacht
22.	January 24, 1809 [D.G., Issue No. 8328]	Licence to Mathew Blood to use name and arms of Smyth	Smyth Name and Arms Order 1809	Minister for Arts, Heritage and the Gaeltacht
23.	May 24, 1809 [D.G., Issue No. 8378]	Licence to Henry Noble to use name and arms of Waller	Waller Name and Arms Order 1809	Minister for Arts, Heritage and the Gaeltacht
24.	May 29, 1809 [D.G., Issue No. 8380]	Licence to Sir John Allen Johnson to use name and arms of Walshe	Walshe Name and Arms Order 1809	Minister for Arts, Heritage and the Gaeltacht
25.	February 1, 1812 [D.G., Issue No. 8825]	Licence authorising Croasdaile Bowen and others to use the name and arms of Miller	Miller Name and Arms Order 1812	Minister for Arts, Heritage and the Gaeltacht
26.	April 29, 1812 [D.G., Issue No. 8851]	Licence authorising Alexander Murray, Castlemurray, County Donegal to take and bear the name and arms of Murray of Broughton	Murray of Broughton Name and Arms Order 1812	Minister for Arts, Heritage and the Gaeltacht
27.	July 8, 1812 [D.G., Issue No. 8882]	Licence authorising William Evans from County Carlow to take and bear the name and arms of FitzHenry	FitzHenry Name and Arms Order 1812	Minister for Arts, Heritage and the Gaeltacht
28.	October 9, 1812 [D.G., Issue No. 8926]	Licence authorising Sir Hugh O'Reilly, Ballinlough, County Westmeath to take and bear the name and arms of Nugent	Nugent Name and Arms Order 1812	Minister for Arts, Heritage and the Gaeltacht
29.	October 10, 1812 [D.G., Issue No. 8926]	Licence authorising Andrew Savage, Portaferry, County Down to take and use the name and arms of Nugent	Nugent Name and Arms (No. 2) Order 1812	Minister for Arts, Heritage and the Gaeltacht
30.	June 29, 1814 [D.G., Issue No. 9241]	Licence authorising Francis Mandeville, Wilmar, County Tipperary to take and use the name and arms of Power	Power Name and Arms Order 1814	Minister for Arts, Heritage and the Gaeltacht
31.	August 5, 1815 [D.G., Issue No. 9431]	Licence and authority to Sir Francis Hervey and others to resume their original name and arms of De Montmorency	De Montmorency Name and Arms Order 1815	Minister for Arts, Heritage and the Gaeltacht
32.	February 19, 1816 [D.G., Issue No. 9516]	Licence permitting the Right Honorable William Earl of Wicklow to resume his former paternal name and arms of Howard after his name of Forward	Howard Name and Arms Order 1816	Minister for Arts, Heritage and the Gaeltacht
33.	April 5, 1816 [D.G., Issue No. 9536]	Licence granting permission to Reverend John Talbot to take and use the name and arms of Crosbie	Crosbie Name and Arms Order 1816	Minister for Arts, Heritage and the Gaeltacht
34.	December 6, 1817 [D.G., Issue No. 9799]	Licence and authority to Thomas Lee to take and use the name and arms of Norman	Norman Name and Arms Order 1817	Minister for Arts, Heritage and the Gaeltacht
35.	June 23, 1820 [D.G., Issue No. 10203]	Licence authorising James John Lord to take the name and arms of Crosby	Crosby Name and Arms Order 1820	Minister for Arts, Heritage and the Gaeltacht
36.	September 18, 1820 [D.G., Issue No. 10240]	Licence granting authority to Conway Heatley to take and use the name and arms of Montgomery	Montgomery Name and Arms Order 1820	Minister for Arts, Heritage and the Gaeltacht

Part 5

United Kingdom Instruments 1801 to 1820

Reference Number	Date	Subject matter	New citation assigned by this Act	Minister responsible
37.	October 9, 1801 [L.G., Issue No. 15415]	Licence to John Cramer to use the name and arms of Roberts	Roberts Name and Arms Order 1801	Minister for Arts, Heritage and the Gaeltacht
38.	August 30, 1804 [L.G., Issue No. 15737]	Licence to Robert Gore to use the name and arms of Booth	Booth Name and Arms Order 1804	Minister for Arts, Heritage and the Gaeltacht
39.	September 9, 1807 [L.G., Issue No. 16064]	Order in Council regarding the prevention of smuggling	Smuggling Order 1807	Minister for Finance
40.	February 13, 1808 [L.G., Issue No. 16118]	Licence to John Geoghegan to use name and arms of O’Neill	O’Neill Name and Arms Order 1808	Minister for Arts, Heritage and the Gaeltacht
41.	January 10, 1815 [L.G., Issue No. 16975]	Licence to William Gore and Mary Ormsby to use the name and arms of Ormsby	Ormsby Name and Arms Order 1815	Minister for Arts, Heritage and the Gaeltacht
42.	April 20, 1815 [L.G., Issue No. 17005]	Licence to Sir John Hamilton and his descendants to accept an augmentation to their arms	Hamilton Arms Order 1815	Minister for Arts, Heritage and the Gaeltacht
43.	June 7, 1817 [L.G., Issue No. 17259]	Licence granting the right to bear the arms and use the name of Coghill to Sir Josiah Coghill Cramer of Drumcondra	Coghill Name and Arms Order 1817	Minister for Arts, Heritage and the Gaeltacht

SCHEDULE 2

Instruments Revoked