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spent enactment : ウィキペディア英語版
spent enactment

An enactment is spent if "the enactment is spent or exhausted in operation by the accomplishment of the purposes for which it was enacted".〔Federation of Nigeria Law Reports. Volume 2. Page 291. Evans Brothers (Nigeria Publishers) Limited. 1986.〕〔See also the explanatory memorandum to the Bill for the Statute Law Revision Act 1867 at (page 4 ) of the Bill, printed in Bills, Public: 1867, Session 5 February - 21 August 1867, volume 6〕
==United Kingdom==
The scope of Statute Law Revision Bills includes the repeal of spent enactments.〔Michael Bedford (editor). Dod's Parliamentary Companion 1998. 179th Edition. Vacher Dod Publishing Limited. 1998. ISBN 0-905702-26-3. Page 484.〕
The repeal of spent legislation is primarily the responsibility of the Law Commission. They prepare Bills to be passed as Statute Law (Repeals) Acts.
The following types of enactment are now spent on coming into force:
Enactments conferring short titles
(Section 19(2) ) of the Interpretation Act 1978 provides that an Act may continue to be cited by the short title authorised by any enactment notwithstanding the repeal of that enactment. This applies to Acts whenever they were passed.〔Interpretation Act 1978, Schedule 2, Part I, paragraph 1 (application of s.19(2) to existing Acts)〕
Accordingly any enactment whose sole effect is to confer a short title on an Act now becomes spent on coming into force; and any enactment already in force whose sole effect is to confer a short title on an Act is also spent.
Those enactments which conferred short titles on large numbers of statutes have been repealed on this basis.〔The Statute Law (Repeals) Act 1995, Schedule 1, Part IV (OPSI ).〕〔See the Law Commission and the Scottish Law Commission, Statute Law Revision: Fifteenth Report, Draft Statute Law Repeals Bill, Law Com 233, Scot Law Com 150, Part IV, pp. 76 - 78 (BAILII ) (Scottish Law Commission )〕
Enactments which repeal other enactments
(Section 15 ) of the Interpretation Act 1978 provides that where an Act repeals a repealing enactment, the repeal does not revive any enactment previously repealed unless words are added reviving it. This applies to Acts passed after the year 1850.〔Interpretation Act 1978, Schedule 2, Part I, paragraph 2 (application of s.15 to existing Acts)〕
Accordingly, any enactment whose sole effect is to repeal another enactment now becomes spent on coming into force; and any enactment, which is already in force, whose sole effect is to repeal another enactment is also spent.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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