Acts of Parliament (Commencement) Act 1793
Encyclopedia
The Acts of Parliament (Commencement) Act 1793 (33 Geo. 3 c. 13) was an Act
of the Parliament
of the Kingdom of Great Britain
which provided that Acts of Parliament would come into force
on the date on which they received royal assent, unless they specified some other date, instead of the first day of the session in which they were passed.
that a session lasted one day. This meant that all Acts came into force retroactively
, and that an Act could come into force on a date a year before it was actually passed. The preamble to this Act said that this was liable to produce "great and manifest injustice".
Endorsement of Acts with the date of royal assent
This Act imposes a duty on the Clerk of the Parliaments
to endorse any Act which passes with the date ("the day, month and year") on which that Act passed and received royal assent
. It provides that the date must be written, in English, immediately after the title
of that Act, and that that endorsement is part of the endorsed Act.
Commencement of Acts
This Act originally provided that the endorsed Act was to come into force on the date specified by the endorsement, where no other commencement was specified by the endorsed Act. The relevant words were repealed on 1 January 1979, and have been replaced by section 4 of the Interpretation Act 1978
.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
of the Kingdom of Great Britain
Kingdom of Great Britain
The former Kingdom of Great Britain, sometimes described as the 'United Kingdom of Great Britain', That the Two Kingdoms of Scotland and England, shall upon the 1st May next ensuing the date hereof, and forever after, be United into One Kingdom by the Name of GREAT BRITAIN. was a sovereign...
which provided that Acts of Parliament would come into force
Coming into force
Coming into force or entry into force refers to the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect...
on the date on which they received royal assent, unless they specified some other date, instead of the first day of the session in which they were passed.
Commencement of Acts of Parliament prior to this Act
Previously, Acts of Parliament came into force on the first day of the session in which they were passed, because of the legal fictionLegal fiction
A legal fiction is a fact assumed or created by courts which is then used in order to apply a legal rule which was not necessarily designed to be used in that way...
that a session lasted one day. This meant that all Acts came into force retroactively
Ex post facto law
An ex post facto law or retroactive law is a law that retroactively changes the legal consequences of actions committed or relationships that existed prior to the enactment of the law...
, and that an Act could come into force on a date a year before it was actually passed. The preamble to this Act said that this was liable to produce "great and manifest injustice".
Provisions of this Act
This Act provides that it applies to Acts of Parliament passed after 8 April 1793.Endorsement of Acts with the date of royal assent
This Act imposes a duty on the Clerk of the Parliaments
Clerk of the Parliaments
The Clerk of the Parliaments is the chief clerk of the House of Lords in the Parliament of the United Kingdom. The position has existed since at least 1315, and duties include preparing the minutes of Lords proceedings, advising on proper parliamentary procedure and pronouncing the Royal Assent...
to endorse any Act which passes with the date ("the day, month and year") on which that Act passed and received royal assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
. It provides that the date must be written, in English, immediately after the title
Long title
The long title is the formal title appearing at the head of a statute or other legislative instrument...
of that Act, and that that endorsement is part of the endorsed Act.
Commencement of Acts
This Act originally provided that the endorsed Act was to come into force on the date specified by the endorsement, where no other commencement was specified by the endorsed Act. The relevant words were repealed on 1 January 1979, and have been replaced by section 4 of the Interpretation Act 1978
Interpretation Act 1978
The Interpretation Act 1978 is an Act of the Parliament of the United Kingdom. The Act makes provision for the interpretation of Acts of Parliament, Measures of the General Synod of the Church of England, Measures of the Church Assembly, subordinate legislation, "deeds and other instruments and...
.
External links
- The Acts of Parliament (Commencement) Act 1793, as amended, from the National Archives.
- Royal Assent Procedure