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Customs Consolidation Act 1853

The Customs Consolidation Act 1853 (16 & 17 Vict. c. 107) was an act of the Parliament of the United Kingdom that consolidated the various statutes relating to customs in the United Kingdom.

Customs Consolidation Act 1853[a]
Act of Parliament
Parliament of the United Kingdom
Long titleAn Act to repeal the several Laws relating to the Customs.
Citation16 & 17 Vict. c. 107
Introduced byJames Wilson MP (Commons)
Territorial extent United Kingdom
Dates
Royal assent20 August 1853
Commencement20 August 1853[b]
Other legislation
AmendsSee § Repealed acts
Repeals/revokesSee § Repealed acts
Amended by
Relates to
History of passage through Parliament
Records of Parliamentary debate relating to the statute from Hansard
Text of statute as originally enacted

Background

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In the United Kingdom, acts of Parliament remain in force until expressly repealed. Blackstone's Commentaries on the Laws of England, published in the late 18th-century, raised questions about the system and structure of the common law and the poor drafting and disorder of the existing statute book.[1]

In 1806, the Commission on Public Records passed a resolution requesting the production of a report on the best mode of reducing the volume of the statute book.[2] From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts.[2]

By the early 19th century, British customs law, relating to trade, navigation, the import and export of goods, and the collection of customs revenue, had become increasingly intricate and difficult to navigate due to the large number of acts passed that had accumulated over many years. This complexity posed challenges for both commerce and law enforcement. The preamble of the Act acknowledged that the existing system had become an impediment to trade and the "Ends of Justice".[3]

In 1810, the Lords of the Treasury asked Nicholas Jickling to produce a Digest of the Laws of the Customs, which was published in 1815, numbering 1,375 pages from the earliest period to 53 Geo. 3.[4] This Digest was continuously published to bring the state of the law up to date to the end of every session. In 1814, the Commission of Public Records published their 14th Report, recommending consolidation of the statute law.

By a letter dated 9 August 1823, Secretary to the Treasury, John Charles Herries MP, asked J. D. Hume, Controller of the Port of London, to "undertake the preparation of a general law, or set of laws, for the consolidation of the customs of the United Kingdom".[4]

The original plan for the consolidation was outlined in a letter dated November 18, 1824, from Mr. Herries, Secretary of the Treasury, to the Customs Commissioners, proposing:[4] The plan proposed a two-pronged approach:

  1. Specific repeal: Identifying and listing specific acts and parts of acts to be repealed, ensuring their removal from the statute book.
  2. General description: Implementing a general repeal clause to address any potential omissions and provide legal clarity.

Despite the intention to create a new legal code that would supersede all previous customs laws, with a declaration that no law predating the new code would remain in force, the general repeal clause was withdrawn, the operation of the repeal of the enumerated acts was postponed for six months and full implementation of the new consolidated code was deferred to a future date.[4]

On 15 April 1825, the Committee on Customs and Excise Consolidation Acts reported and resolved that it was "expedient to repeal the several Laws relating to the Customs now in force; and to consolidate the various enactments therein contained."[5]

In 1826, eleven customs acts were passed to consolidate to all practical purposes the whole statute law of the customs by repealing the numerous existing customs statutes and replace them with new, more clearly written laws.[4] The acts simplified tariff schedules, to make it easier for traders to understand duties, revised penalties for customs offences to ensure fair and consistent enforcement and introduced standardised procedures for customs declarations, to reduce administrative burdens and increase efficiency at ports.

In 1825, the Customs Law Repeal Act 1825 (6 Geo. 4. c. 105) was passed to repeal 443 related statutes. In 1826, the Customs Act 1826 (7 Geo. 4. c. 48) was passed, which reversed the repeal of several statutes.

In 1833, eleven customs acts were passed to further amend and consolidate the customs law:

In 1833, the Customs (Repeal) Act 1833 (3 & 4 Will. 4. c. 50) was passed to repeal 24 related statutes.

In 1844, 10 customs acts were passed to further amend and consolidate the customs law:

In 1845, the Customs (Repeal) Act 1845 (8 & 9 Vict. c. 84) was passed to repeal 26 related statutes.

Passage

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The Customs Acts Consolidation Bill had its first reading in the House of Commons on 30 July 1853, presented by the financial secretary to the treasury, James Wilson MP.[6] The Bill had its second reading in the House of Commons on 1 August 1853 and was committed to a Committee of the Whole House,[6] which met on 2 August 1853 and 8 August 1853 and reported on 9 August 1853, with amendments.[6] The amended Bill had its third reading in the House of Commons on 10 August 1853 and passed, without amendments.[6]

The Bill had its first reading in the House of Lords on 11 August 1853.[7] The Bill had its second reading in the House of Lords on 15 August 1853 and was committed to a Committee of the Whole House,[7] which met and reported on 15 August 1853, with amendments.[7] The Bill had its third reading in the House of Lords on 19 August 1853, and passed, without amendments.[7]

The amended Bill was considered and agreed to by the House of Commons on 19 August 1853.[6]

The Bill was granted royal assent on 20 August 1853.[7]

Legacy

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The act was amended by several acts in the following sessions, including:

In 1876, the Customs Consolidation Act 1876 (39 & 40 Vict. c. 36) was passed, which further consolidated the customs law.

Repealed acts

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Section 358 of the act repealed 17 acts, listed in Schedule (A.) to the act.[8] The section included exceptions for:

  1. Any repeals of former acts contained within the acts being repealed, which remain in effect.
  2. Arrears of duties or drawbacks that had become due and payable prior to this act.
  3. Any penalty or forfeiture which had been incurred under the previous acts.
Citation Short Title Title Extent of repeal
6 Geo. 4. c. 41 Stamps Act 1825 An Act to repeal the Stamp Duties payable in Great Britain and Ireland upon the Transfer of Property in Ships and Vessels, and upon Bonds and Debentures required to be given in relation to the Duties, Drawbacks, and Bounties of Customs or Excise, and to grant other Duties of Stamps on such Bonds and Debentures. Section 4, so far as relates to Her Majesty's Customs.
8 & 9 Vict. c. 85 Commissioners of Customs Act 1845 An Act for the Management of the Customs. The whole Act, except Sections 2 and 3.
8 & 9 Vict. c. 86 Customs (No. 3) Act 1845 An Act for the general Regulation of the Customs. The whole Act, except Sections 45, 139, and 140, and Section 53, so far as relates to Scotland.
8 & 9 Vict. c. 87 Prevention of Smuggling Act 1845 An Act for the Prevention of Smuggling. The whole Act, except Sections 10 and 124.
8 & 9 Vict. c. 90 Duties of Customs Act 1845 An Act for granting Duties of Customs. The whole Act.
8 & 9 Vict. c. 91 Warehousing of Goods Act 1845 An Act for the warehousing of Goods. The whole Act, except Section 51.
8 & 9 Vict. c. 92 Customs (No. 4) Act 1845 An Act to grant Bounties and Allowances of Customs. The whole Act.
8 & 9 Vict. c. 93 Trade of British Possessions Act 1845 An Act to regulate the Trade of British Possessions abroad. The whole Act.
8 & 9 Vict. c. 94 Trade of British Possessions Act 1845 An Act for the regulating the Trade of the Isle of Man. The whole Act.
9 & 10 Vict. c. 23[c] Customs Act 1846 An Act to alter certain Duties of Customs. The whole Act.
9 & 10 Vict. c. 102 Customs (No. 4) Act 1846 An Act to amend the Laws relating to the Customs. The whole Act.
11 & 12 Vict. c. 60 Duties on Spirits Act 1848 An Act to alter the Duties payable upon the Importation of Spirits or Strong Waters. The whole Act.
11 & 12 Vict. c. 97 Sugar Duties Act 1848 An Act to repeal the Duties of Customs upon the Importation of Sugar, and to impose new Duties in lieu thereof. The whole Act.
12 & 13 Vict. c. 29 Navigation Act 1849 An Act to amend the Laws in force for the Encouragement of British Shipping and Navigation. The whole Act, except Sections 7, 8, 9, 17, 18, 19, and 20.
12 & 13 Vict. c. 90 Customs Act 1849 An Act to amend the Laws relating to the Customs. The whole Act, except Section 43.
13 & 14 Vict. c. 95 Customs Act 1850 An Act to amend the Laws relating to the Customs. The whole Act, except Section 14.
14 & 15 Vict. c. 62 Customs Act 1851 An Act to alter certain Duties of Customs, and to enable the Treasury to regulate the Mode of keeping the Account between the Receiver General of Customs and the Bank of England. The whole Act.

See also

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Notes

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  1. ^ Section 360.
  2. ^ Section 360.
  3. ^ This is duplicated in the act as "10 Vict. c. 23".

References

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  1. ^ Farmer, Lindsay (2000). "Reconstructing the English Codification Debate: The Criminal Law Commissioners, 1833-45". Law and History Review. 18 (2): 397–425. doi:10.2307/744300. ISSN 0738-2480.
  2. ^ a b Ilbert, Courtenay (1901). Legislative methods and forms. Oxford: Clarendon Press. p. 57. Retrieved 9 September 2024.   This article incorporates text from this source, which is in the public domain.
  3. ^ Britain, Great (1826). The Statutes of the United Kingdom of Great Britain and Ireland [1827-. H.M. statute and law printers. pp. 323–355.
  4. ^ a b c d e Britain, Great; Hume, James Deacon (1825). The Laws of the Customs, Compiled by Direction of the Lords Commissioners of His Majesty's Treasury, and Published by the Appointment and Under the Sanction of the Commissioners of His Majesty's Customs: With Notes and Indexes. J. Mawman.
  5. ^ Commons, Great Britain House of (1825). Journals of the House of Commons. Vol. 80. pp. 310–311, 341, 352, 357, 471, 571–572, 601, 626. Retrieved 21 October 2024.
  6. ^ a b c d e Commons, Great Britain House of (1854). The Journals of the House of Commons (PDF). Vol. 108. pp. 745, 754, 758, 792, 796, 798, 804, 810, 814, 843. Retrieved 29 October 2024.
  7. ^ a b c d e Parliament, Great Britain (1853). Hansard's Parliamentary Debates. pp. 1602, 1708, 1752, 1817, 1824.
  8. ^ The Statutes of the United Kingdom of Great Britain and Ireland. George Eyre and Andrew Strahan, Printers to the King's Most Excellent Majesty. 1853. pp. 702–767.
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