Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2005
Order in Council for Northern Ireland
From Wikipedia, the free encyclopedia
The Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2005 (SI 2005/1452 (N.I. 7)) is an Order in Council which reformed several unconnected areas of the law of Northern Ireland.[1]
.svg)
- 14 June 2005 (Part I)[b]
- 7 July 2005 (Part IV and Articles 22 and 23)[c]
- 15 November 2005 (Articles 3 to 15, 20 and 21, Schedule 1, and Article 24 and Schedule 2, except so far as they repeal the Colonial Solicitors Act 1900 and Article 5(5) of the Solicitors (Northern Ireland) Order 1976)[d]
- 1 February 2006 (Article 19, and the repeals of the Colonial Solicitors Act 1900 and Article 5(5) of the Solicitors (Northern Ireland) Order 1976)[e]
| Statutory Instrument | |
| |
| Citation | SI 2005/1452 (N.I. 7) |
|---|---|
| Territorial extent | Northern Ireland |
| Dates | |
| Made | 7 June 2005 |
| Commencement |
|
| Other legislation | |
| Amends |
|
| Repeals/revokes | See § Repealed enactments |
| Made under | Northern Ireland Act 2000 |
| Amended by |
|
Status: Amended | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
| Text of the Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2005 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
The order was made by the Queen in Council on 7 June 2005, in exercise of the powers conferred by paragraph 1(1) of the schedule to the Northern Ireland Act 2000, a draft of the Order having been approved by resolution of each House of Parliament.[2]
Provisions
Schedule 1 to the order made a series of consequential amendments to earlier enactments requiring instruments to be executed "under seal", replacing that requirement with a requirement that the instrument be executed as a deed, in consequence of the reforms made by Part II.[2]
Part II simplified the formalities for the execution of deeds and other instruments by individuals, and abolished the rule in Pigot's Case and the rule in Bain v Fothergill. Part III amended the Family Homes and Domestic Violence (Northern Ireland) Order 1998, including extending the definition of "cohabitees" to include same-sex couples. Part IV abolished the presumption of advancement and the common law duty of a husband to maintain his wife, and abolished the rule whereby savings from a housekeeping allowance paid by a husband to a wife belonged to the husband. Part V repealed the Colonial Solicitors Act 1900 and the Trading Stamps Act (Northern Ireland) 1965, and made related amendments.[2]
Repealed enactments
Article 24 of the Order repealed 15 enactments, listed in schedule 2 to the order.[2]
| Citation | Short title | Extent of repeal |
|---|---|---|
| 63 & 64 Vict. c. 14 | Colonial Solicitors Act 1900 | The whole act. |
| 1965 c. 6 (N.I.) | Trading Stamps Act (Northern Ireland) 1965 | The whole act. |
| 1969 c. 19 | Decimal Currency Act 1969 | In Schedule 2, paragraph 24. |
| 1971 c. 33 (N.I.) | Powers of Attorney Act (Northern Ireland) 1971 | In section 1, subsection (2). In section 7, in subsection (2), the words "and, in the case of a deed, by affixing his own seal". |
| 1973 c. 13 | Supply of Goods (Implied Terms) Act 1973 | Section 16. |
| 1974 c. 39 | Consumer Credit Act 1974 | In Part II of Schedule 4, paragraphs 43 to 45. |
| SI 1976/582 (N.I. 12) | Solicitors (Northern Ireland) Order 1976 | In Article 5, paragraph 5(5). |
| 1977 c. 50 | Unfair Contract Terms Act 1977 | Section 7(5). |
| 1982 c. 29 | Supply of Goods and Services Act 1982 | In section 1, subsection (2)(c). In section 6, subsection (2). In section 6, in subsection (3), the words "(subject to subsection (2) above)". In section 18(1), the definitions of "redemption" and "trading stamps". |
| SI 1986/1032 (N.I. 6) | Companies (Northern Ireland) Order 1986 | Article 262(3)(c) and the preceding "or". |
| SI 1986/1035 (N.I. 9) | Companies Consolidation (Consequential Provisions) (Northern Ireland) Order 1986 | In Part I of Schedule 1, the amendment to the Trading Stamps Act (Northern Ireland) 1965. |
| 1987 c. 43 | Consumer Protection Act 1987 | In section 46, in subsection (1), in paragraph (d), the words "(including trading stamps)". |
| SI 1989/2405 (N.I. 19) | Insolvency (Northern Ireland) Order 1989 | In Schedule 2, in paragraph 8, the words from "and for that purpose" to the end. |
| 1994 c. 35 | Sale and Supply of Goods Act 1994 | In Schedule 2, paragraph 2. |
| SI 1998/1071 (N.I. 6) | Family Homes and Domestic Violence (Northern Ireland) Order 1998 | Article 19. |
Notes
- Article 1(1).
- Article 1(3).
- Article 1(4).
- Article 1(2). The Law Reform (Miscellaneous Provisions) (2005 Order) (Commencement and Transitional Saving) Order (Northern Ireland) 2005 (SR 2005/494 (C. 34)), article 2(1).
- Article 1(2). The Law Reform (Miscellaneous Provisions) (2005 Order) (Commencement and Transitional Saving) Order (Northern Ireland) 2005 (SR 2005/494 (C. 34)), article 2(2).