1962-17
English Law (Application)
ENGLISH LAW (APPLICATION) ACT
Principal Act
Act. No. 1962-17
Amending
enactments
Acts.
1965-18
1970-24
1971-19
1972-01
1972-04
1972-06
1972-13
1972-15
1973-18
1973-25
1973-31
1973-34
LN.
1976/113
Acts.
1977-02
LN.
1979/026
Acts.
1983-45
1983-48
2009-25
2011-23
Commencement
Assent
Relevant current provisions
Schedule.
Schedule. Part II
Schedule. Part I
Schedule. Part I
–
–
Schedule. Part I
Schedule. Part I
Schedule. Part II
section.6
Schedule. Part II
Schedule. Part II
–
Schedule. Part II
Schedule. Part I
Schedule. Parts I and III
section. 2(2) and Schedule. Part I
Schedule. Part I
Schedule. Part III [items 15 & 18]
1.6.1962
31.5.1962
Commenceme
nt date
19.12.1983
31.12.1983
9.7.2009
23.11.2012
English sources
None cited
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1962-17
English Law (Application)
Appendices
These appendices are printed without legislative authority. It should not be
assumed that they are either complete or correct.
Appendix 1: Acts of the Parliament at Westminster that extend to Gibraltar
or have been applied by Order in Council.
Appendix 2: Acts of the Parliament at Westminster that have been
disapplied since 1 June 1962.
Appendix 3: Matters of common law that have been abolished in Gibraltar
since 1 June 1962.
_____________________________
ARRANGEMENT OF SECTIONS.
Section
1.
2.
3.
4.
5.
6.
7.
Short title.
Application of common law and equity.
Application of English Acts.
Amendment of English Acts.
Disapplication by resolution of the Parliament.
Repeal by Parliament.
Saving for the Crown.
SCHEDULE.
Acts in force in Gibraltar by section 3(1)(a).
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
English Law (Application)
AN ACT TO DECLARE THE EXTENT TO WHICH ENGLISH LAW IS
IN FORCE IN GIBRALTAR.
Short Title.
1. This Act may be cited as the English Law (Application) Act.
Application of common law and equity.
2.(1) The common law and the rules of equity from time to time in force
in England shall be in force in Gibraltar, so far as they may be applicable to
the circumstances of Gibraltar and subject to such modifications thereto as
such circumstances may require, save to the extent to which the common
law or any rule of equity may from time to time be modified or excluded
by–
(a)
any Order of Her Majesty in Council which applies to
Gibraltar; or
(b)
any Act of the Parliament at Westminster which applies to
Gibraltar, whether by express provision or by necessary
implication; or
(c)
any Act.
(2) In all causes or matters in which there is any conflict or variance
between the common law and the rules of equity with reference to the same
subject, the rules of equity shall prevail.
Application of English Acts.
3.(1) Subject to the provisions of this section and of any other Act, the law
of England as set out in the following Acts shall be in force in Gibraltar–
(a)
the Acts listed in the Schedule, to the extent shown in the
fourth column of each Part;
(b)
any other Act of the Parliament at Westminster applied to
Gibraltar by –
(i)
any Order of Her Majesty in Council; or
(ii)
any express provision in the Act, or by necessary
implication; or
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1962-17
1962-17
English Law (Application)
(iii)
any Act.
(2) The Parliament may, by resolution, add to Part I of the Schedule any
Act of the Parliament at Westminster passed before the 31st day of
December 1883 or vary the extent of the application of any Act listed in that
Part.
(3) The Acts referred to in subsections (1) and (2) shall be read and
construed with such formal alterations or modifications as to names,
localities, courts, officers, persons or otherwise as may be necessary to make
them applicable to the circumstances of Gibraltar.
Amendment of English Acts.
4.(1) The Acts referred to in section 3 shall apply subject to any
amendments made by–
(a)
any Order of Her Majesty in Council that applies to Gibraltar;
(b)
any Act of the Parliament at Westminster that applies to
Gibraltar; or
(c)
any Act.
(2) The Acts listed in Part I of the Schedule shall apply as amended by
the Acts listed in the fifth column of that Part.
(3) The Acts listed in Part III of the Schedule shall apply to Gibraltar
subject to such amendments as may have been or may from time to time be
made by any Act of the Parliament at Westminster, whether or not such Act
is or has been in force in Gibraltar.
Disapplication by resolution of the Parliament.
5. The Parliament may, by resolution, delete any Act from Part I of the
Schedule.
Repeal by Parliament.
6. The Acts referred to in section 3, as applied to Gibraltar, shall continue in
force in Gibraltar notwithstanding that they may have been or may be
repealed in whole or in part in England, unless and until disapplied under
the provisions of this or any other Act.
Saving for the Crown.
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
English Law (Application)
7. Nothing in this Act shall diminish or derogate from–
(a)
any rights, privileges or powers of the Crown; or
(b)
the right of Her Majesty in Council to make laws from time to
time for the peace, order and good government of Gibraltar.
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1962-17
1962-17
English Law (Application)
Section 3(1)(a)
SCHEDULE
LAWS OF ENGLAND IN FORCE IN GIBRALTAR
PART I
Item
Session & Chapter
Subject or Short Title
Distress (1267)
Estates Tail (1285)
Freeholders may Sell Land
(1289)
Sale of Part of Land (1289)
Mortmain Prohibited (1289)
Confirmation of Liberties
(1297)
Crown Debt (1297)
Criminal and Civil Justice
(1297)
Criminal Procedure,
Imprisonment (1354)
Statute of Uses (1535)
Extent of
Application
where less than
whole
1
2
3
52 Hen. 3 cc.1 & 4
13 Edw. 1 c.1
18 Edw 1 c.1
4
5
6
18 Edw c.2
18 Edw c.3
25 Edw. 1 c.1
7
8
25 Edw. c.8
25 Edw. c.29
9
28 Edw. 3 c.3
10
27 Hen. 8 c.10
11
31 Hen. 8 c.1
12
32 Hen. 8 c.32
13
32 Hen. 8 c.34
14
32 Hen. 8 c.37
Joint Tenants and Tenants in
Common (1539)
Joint Tenants for Life or
Years (1540)
Grantees of Reversions
Section 4
(1540)
Cestui que Vie (1540)
Sections 1 & 2
15
34 & 35 Hen 8 c.20
Feigned Recoveries (1542)
Sections 1-3 and 5
16
13 Eliz. 1 c.5
Sections 1-4
17
27 Eliz. 1 c.4
18
19
20
16 & 17 Car. 2 c.5
18 & 19 Car. 2 c.11
29 Car. 2 c.3
Fraudulent Conveyances
(1571)
Fraudulent Conveyances
(1584)
Execution Act, 1664
Cestui Que Vie Act, 1666
Statute of Frauds, 1677
21
4 Will. & Mar. c.16
22
11 Will. 3 c.7
Clandestine Mortgages,
1692
Piracy Act, 1698
Amending
Enactments
Charities Act
1860
Sections 1-5, 7, 8
& 10
Statute Law
Revision
Acts 1888
and 1948
Statute Law
Revision Act
1888
Sections 1, 2 and 3
Sections 1 and 4
Sections 1, 2, 3, 7, Statute Law
8 and 9
Revision
Acts 1888
and 1948
Sections 7, 8, 11,
12, 14, 16 and
Statute Law
Revision Act
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
English Law (Application)
1962-17
17
23
6 Anne c.72
Cestui Que Vie Act, 1707
24
8 Anne c.18
Landlord and Tenant Act,
1709
25
9 Anne c.19
Gaming Act, 1710
26
8 Geo 1 c.24
Piracy Act, 1721
27
4 Geo 2 c.28
Landlord and Tenant Act,
1730
28
29
7 Geo 2 c.20
14 Geo 3 c.48
Mortgage Act, 1733
Life Assurance Act, 1774
30
14 Geo 3 c.78
31
32 Geo 3 c.56
32
33 Geo. 3 c.67
33
37 Geo. 3 c.70
34
37 Geo. 3 c.123
35
39 Geo. 3 c.37
1888;
Criminal
Law Act
1967
Statute Law
Revision Act
1888
Sections 1, 4 and 6 Statute Law
Revision Act
1948
Section 1
Gaming Act
1835
Sections 1, 2, 3
Statute Law
and 6
Revision Act
1888;
Criminal
Law Act
1967
Sections 1, 5 and 6 Statute Law
Revision Act
1948
Statute Law
Revision Act
1888
Fire Prevention (Metropolis) Sections 83 and 86 Statute Law
Act, 1774
Revision
Acts 1861,
1888 and
1948
Servants’ Characters Act,
Sections 1-6
Summary
1792
Jurisdiction
Act 1884;
Statute Law
Revision
1888
Shipping Offences Act,
Sections 1, 3 and
Statute Law
1793
8
Revision
Act 1888;
Criminal Law
Act 1967
Incitement to Mutiny Act,
Sections 1 and 3
Statute Law
1797
and as extended
Revision
by S.R. & O.
1888;
1918 No. 548
Criminal Law
Act 1967
Unlawful Oaths Act, 1797
Statute Law
Revision
Act 1888;
Criminal Law
Act 1967
Offences at Sea Act, 1799
Statute Law
Revision
Acts 1888
and 1948;
Criminal
Law Act
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1962-17
English Law (Application)
36
39 & 40 Geo. 3 c.98
Accumulations Act, 1800
Sections 1, 2 and
4
37
38
39
43 Geo. 3 c.140
46 Geo. 3 c.37
52 Geo. 3 c.104
Habeas Corpus Act, 1803
Witnesses Act, 1806
Unlawful Oaths Act, 1812
40
56 Geo. 3 c.100
Habeas Corpus Act, 1816
41
57 Geo. 3 c.19
Seditious Meetings Act,
1817
42
57 Geo. 3 c.52
Deserted Tenements Act,
1817
43
60 Geo. 3 & 1 Geo.
4 c.1.
Unlawful Drilling Act,
1819
Sections 1, 2, 4
and 7
44
7 Geo. 4 c.6
Bank Notes Act, 1826
Sections 3, 5, 7, 9
and 10
45
9 Geo. 4 c.14
Section 6
46
2 & 3 Will. 4 c.71
Statute of Frauds
Amendment Act, 1828
Prescription Act, 1832
47
3 & 4 Will. 4 c.74
Fines and Recoveries Act,
1833
Sections 1-16, 25
and 26, 28, 54,
56-74 and 76-90
Sections 1, 2, 4, 5,
6 and 8
Section 29
Sections 1-8
1967
Statute Law
Revision
Act 1888
Statute Law
Revision
Acts 1874
and 1888;
Criminal
Law Act
1967
Statute Law
Revision
Acts 1888
and (No. 2)
1890
Statute Law
Revision
Acts 1873,
1888, 1890
and (No. 2)
1890;
Criminal
Law Act
1967
Statute Law
Revision
Act (No. 2)
1890
Statute Law
Revision
Acts 1888
and 1890
Statute Law
Revision
Acts 1873;
(No. 2)
1888 and
(No. 2)
1890
Statute Law
Revision
Acts (No. 2)
1888 and
1890
Married
Women’s
Property Act
1907;
Statute Law
Revision
Acts (No. 2)
1888, 1890
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1962-17
English Law (Application)
48
4 & 5 Will. 4 c.22
Apportionment Act, 1834
49
5 & 6 Will. 4 c.41
Gaming Act, 1835
Section 1
50
51
Repealed1
7 Will. 4 & 1 Vict.
c.88
Piracy Act, 1837*
Sections 2 and 4
52
1 & 2 Vict. c.74
Small Tenements Recovery
Act, 1838
Sections 1 to 7
53
1 & 2 Vict. c.110
Judgments Act, 1838
Sections 12-15,
18 and 22
54
55
56
57
58
3 & 4 Vict. c.82
8 & 9 Vict. c.106
12 & 13 Vict. c.26
13 & 14 Vict. c.17
13 & 14 Vict. c.26
Judgments Act, 1840
Real Property Act 1845
Leases Act 1849
Leases Act 1850
Piracy Act 1850
59
15 & 16 Vict. c.24
Wills Act (Amendment)
Sections 2, 5 and
6
and 1892;
Criminal
Law Act
1967
Statute Law
Revision
Acts (No. 2)
1888, (No.
2) 1890 and
1892
Statute Law
Revision
Acts 1874
and (No. 2)
1890
Criminal
Law Act
1967
Statute Law
Revision
Act (No. 2)
1888;
Criminal Law
Act 1967
Statute Law
Revision
Acts (No. 2)
1888 and
(No. 2)
1890
Statute Law
Revision
Acts (No. 2)
1874;
(No. 2) 1888;
(No. 2)
1890; Civil
Procedure
Acts Repeal
Act 1879
Statute Law
Revisions
Acts 1875
and 1891
Sections 1-3 and 5
1
item 50 repealed by Act 2009-25 as from 9.7.2009
The Piracy Act 1837 as it applies to Gibraltar by virtue of section 3 of the English Law
(Application) Ordinance shall be amended in section 2 (punishment of piracy when murder
is attempted) by substituting for the words “and being convicted thereof shall suffer
death”, the words “and being convicted thereof shall be liable to imprisonment for life”
(see Ord. 2002-01).
*
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1962-17
English Law (Application)
Act 1852
Evidence (Amendment) Act
1853
Bills of Lading Act 1855
Mercantile Law
Amendment Act 1856
60
16 & 17 Vict. c.83
61
62
18 & 19 Vict. c.111
19 & 20 Vict. c.97
63
22 & 23 Vict. c.35
Law of Property
Amendment Act 1859
64
23 & 24 Vict. c.38
65
24 & 25 Vict. c.94
Law of Property
Amendment Act 1860
Accessories and Abettors
Act 1861
66
24 & 25 Vict. c.98
Forgery Act 1861
67
28 & 29 Vict. c.18
68
30 & 31 Vict. c.48
Criminal Procedure Act,
1865
Sales of Land Auction Act
1867
69
30 & 31 Vict. c.144
Policies of Assurance Act,
1867
71
31 & 32 Vict. c.4
72
73
31 & 32 Vict. c.40
32 & 33 Vict. c.68
Sales of Reversions Act,
1867
Partition Act, 1868
Evidence Further
Amendment Act, 1869
74
33 & 34 Vict. c.30
Wages Attachment
Abolition Act, 1870
75
33 & 34 Vict. c.35
Apportionment Act, 1870
76
34 & 35 Vict. c.112
77
35 & 36 Vict. c.26
Prevention of Crimes Act,
1871
Review of Justices
Decisions Act, 1872
Sections 10 and
11
Sections 1-10, 12,
13 and 16
78
37 & 38 Vict. c.37
Powers of Appointment
Act, 1874
Sections 1, 3-11
and 13-15
Sections 3, 5 and
16
Statute Law
Revision
Act 1892
Sections 1-3, 1013, 21-25 and 2729
Section 8
Sections 28, 34,
36, 37, 44 and 50
Sections 1-9
Sections 1 and 3-8
Statute Law
Revision
Act 1892;
Criminal
Law Act
1967
Criminal Law
Act 1967
Criminal Law
Act 1967
Statute Law
Revision
Act 1893
Statute Law
Revision
Act 1893
Sections 3 and 5
Sections 1 and 2
Statute Law
Revision
Act (No.2)
1893
Statute Law
Revision
Act (No.2)
1893.
Statute Law
Revision
Act (No.2)
1893
Statute Law
Revision
Acts 1883
and 1893
(No.2)
Statute Law
Revision
Act
(No.2)1893;
Trade
Disputes
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1962-17
English Law (Application)
Act
1906 and
Electricity
Supply Act
1919
79
37 & 38 Vict. c.78
80
81
38 & 39 Vict. c.25
38 & 39 Vict. c.86
82
83
84
39 & 40 Vict. c.17
40 & 41 Vict. c.18
41 & 42 Vict. c.33
85
86
41 & 42 Vict. c.54
44 & 45 Vict. c.41
Vendor and Purchaser Act,
1874
Public Stores Act, 1875
Conspiracy and Protection
of Property Act, 1875
Partition Act, 1876
Settled Estates Act, 1877
Contingent Remainders
Act, 1877
Debtors Act, 1878
Conveyancing Act, 1881
87
45 & 46 Vict. c.38
Settled Land Act, 1882
88
45 & 46 Vict. c.39
Conveyancing Act, 1882
Except sections
39, 40 and 48
Acts. 1889
No.15 and
1972 Nos. 6
and 13
Except section
61(6)
Except section
61(6)
Except sections 8
and 9
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1962-17
English Law (Application)
PART II
Item
1
2
3
Session or Year and
Chapter
6 & 7 Eliz. 2. c.53
1968 c. 64.
1972 c.31
Short Title
Variation of Trusts Act 1958
Civil Evidence Act 1968
Civil Evidence Act 1972
Extent of
Application, where
less than the whole
Except section 17(2)
PART III
Item
1
2
3
4
5
6
7
Session and Chapter
Short Title
34 Edw. 3
31 Car. 2 c.2
2 Will. & Mar. c.5
11 Geo. 2 c.19
24 Geo. 2 c.23
11 Geo.4 & 1Will. 4 c.68
5 & 6 Will. 4 c.62
Justices of the Peace Act 1361
Habeas Corpus Act 1679
Distress for Rent Act 1689
Distress for Rent Act 1737
Calendar (New Style) Act 1750
Carriers Act 1830
Statutory Declarations Act 1835
8
9
10
11
12
13
6 & 7 Vict. c.85
7 & 8 Vict. c.96
8 & 9 Vict. c.113
8 & 9 Vict. c.124
11 & 12 Vict. c.44
14 & 15 Vict. c.99
Evidence Act 1843
Execution Act 1844
Evidence Act 1845
Leases Act 1845
Justices Protection Act 1848
Evidence Act 1851
14
15
16
14 & 15 Vict. c.100
Deleted
32 & 33 Vict. c.62
Criminal Procedure Act 1851
17
42 & 43 Vict. c.11
Bankers’ Books Evidence Act
1879
18
Deleted
Debtors Act 1869
Extent of
Application
ss. 1-9 and 15-18
ss. 1-10 and 14-20
ss. 2-4, 6-10 and 1220
ss. 1 and 2
ss. 60-69 and 73
ss. 1-4
ss. 1-7, 10 and 13
ss. 2, 3, 5, 6-11, 1316 and 19
ss. 18 and 27-30
ss. 1-6, 8, 10, 13, 18
and 23
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1962-17
English Law (Application)
APPENDIX I.
ACTS OF THE PARLIAMENT AT WESTMINSTER THAT
EXTEND TO GIBRALTAR OR HAVE BEEN APPLIED
BY ORDER IN COUNCIL
(Note: This list is published for convenience and is without statutory
authority)
Item
Session & Chapter
1
2
3
4
5
6
7
42 Geo. 3 c.85
5 Geo. 4 c.113
3 & 4 Will. 4 c.41
6 & 7 Vict. c.38
6 & 7 Vict. c.98
7 & 8 Vict. c.69
12 & 13 Vict. c.96
8
9
13 & 14 Vict. c.26
14 & 15 Vict. c.99
10
11
12
16 & 17 Vict. c.49
22 & 23 Vict. c.12
22 & 23 Vict. c.63
13
23 & 24 Vict. c.122
14
24 & 25 Vict. c.100
15
16
17
25 & 26 Vict. c.20
27 & 28 Vict. c.25
28 & 29 Vict. c.63
18
19
28 & 29 Vict. c.64
31 & 32 Vict. c.37
20
32 & 33 Vict. c.10
21
22
33 & 34 Vict. c.52
33 & 34 Vict. c.90
Short Title
Criminal Jurisdiction Act, 1802
Slave Trade Act 1824
Judicial Committee Act, 1833
Judicial Committee Act, 1843
Slave Trade Act, 1843
Judicial Committee Act, 1844
Admiralty Offences (Colonial)
Act, 1849
Piracy Act, 1850
Evidence Act, 1851
Colonial Bishops Act, 1853
Colonial Affidavits Act, 1859
British Law Ascertainment Act,
1859
Admiralty Offences (Colonial)
Act, 1860
Offences against the Person Act,
1861
Habeas Corpus Act, 1862
Naval Prize Act, 1864
Colonial Laws Validity Act,
1865
Colonial Marriages Act, 1865
Documentary Evidence Act,
1868
Colonial Prisoners Removal
Act, 1869
Extradition Act, 1870
Foreign Enlistment Act, 1870
Extent of
Application
How Applied
if not by Act
itself
ss.7, 11, and
19
ss.18, 20-23,
28 and 29
for the
purposes of
s.2 of the
Hijacking
Act 1971
and ss.18,
20-24, 28
and 29 for
those of the
Protection
of Aircraft
Act 1973,
only
Except ss.1-3
S.I. 1973 No.
1757
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1962-17
English Law (Application)
23
24
36 & 37 Vict. c.60
37 & 38 Vict. c.27
25
26
27
37 & 38 Vict. c.77
40 & 41 Vict. c.59
41 & 42 Vict. c.73
28
45 & 46 Vict. c.9
29
47 & 48 Vict. c.31
30
31
48 & 49 Vict. c.49
53 & 54 Vict. c.27
32
33
53 & 54 Vict. c.37
55 & 56 Vict. c.6
34
35
36
37
38
39
40
41
55 & 56 Vict. c.35
56 & 57 Vict. c.5
57 & 58 Vict. c.39
57 & 58 Vict. c.60
58 & 59 Vict. c.34
1 Edw. 7 c.5
6 Edw. 7 c.15
7 Edw. 7 c.16
42
43
44
1 & 2 Geo. 5 c.28
1 & 2 Geo. 5 c.57
2 & 3 Geo. 5 c.10
45
4 & 5 Geo. 5 c.13
46
47
4 & 5 Geo. 5 c.59
5 & 6 Geo. 5 c.40
48
49
5 & 6 Geo. 5 c.57
6 & 7 Geo. 5 c.2
50
6 & 7 Geo. 5 c.21
51
10 & 11 Geo. 5 c.33
52
53
10 & 11 Geo. 5 c.75
10 & 11 Geo. 5 c.81
54
15 & 16 Geo. 5 c.42
55
21 & 22 Geo. 5 c .9
Extradition Act, 1873
Courts (Colonial) Jurisdiction
Act, 1874
Colonial Clergy Act, 1874
Colonial Stock Act, 1877
Territorial Waters Jurisdiction
Act, 1878
Documentary Evidence Act,
1882
Colonial Prisoners Removal
Act, 1884
Submarine Telegraph Act, 1885
Colonial Courts of Admiralty
Act, 1890
Foreign Jurisdiction Act, 1890
Colonial Probates Act, 1892
Colonial Stock Act, 1892
Regimental Debts Act, 1893
Prize Courts Act, 1894

Merchant Shipping Act, 1894
Colonial Boundaries Act, 1895
Demise of the Crown Act, 1901
Extradition Act, 1906
Evidence (Colonial Statutes)
Act, 1907
Official Secrets Act, 1911
Maritime Convention Act, 1911
Seal Fisheries (North Pacific)
Act, 1912
Prize Courts (Procedure) Act,
1914
Bankruptcy Act, 1914
Marriage of British Subjects
(Facilities) Act, 1915
Prize Courts Act, 1915
Naval Prize (Procedure) Act,
1916
Marriage of British Subjects
(Facilities) Amendment Act
1916
+
Maintenance Orders (Facilities
for Enforcement) Act, 1920
Official Secrets Act, 1920
Administration of Justice Act,
1920
Merchant Shipping
(International Labour
Conventions) Act, 1925
Colonial Naval Defence Act
As adapted
S.I. 1961 No.
2031
ss.6 and 9
S.I. 1965 No.
1530
Except s.5
ss.3 and 4
s.122
s.1
S.R.O. 1913
No. 488
S.R.O. 1917
No. 1242
S.R.O. 1921
No. 1641
Part II
S.R.O. 1921
No. 1394
S.R.O. 1940
No. 369

As regards the application of the Merchant Shipping Acts, see s.221 of the Merchant
Shipping Ordinance (Ord. 1935-09) and Sch. 2 to the Crown Proceedings Ordinance (Ord.
1951-10).
+
This Act was repealed by the Maintenance Orders (Reciprocal Enforcement) Act 1972 but
the Order in Council subsists, under s. 22(1) of the latter Act, until revoked on Gibraltar
becoming a reciprocating country under s.1.
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1962-17
English Law (Application)
1931
Merchant Shipping (Safety and
Load Line Conventions) Act
1932
Extradition Act, 1932
56
22 Geo. 5 c.9
57
22 & 23 Geo. 5 c .39
58
23 & 24 Geo. 5 c.4
59
23 & 24 Geo. 5 c.6
60
23 & 24 Geo. 5 c.13
61
24 & 25 Geo. 5 c.49
62
25 & 26 Geo. 5 c.25
63
64
65
66
2 & 3 Geo. 6 c.65
2 & 3 Geo. 6 c.121
7 & 8 Geo. 6 c.7
9 & 10 Geo. 6 c.74
67
12, 13 & 14 Geo. 6
c.1
12, 13 & 14 Geo. 6
c.18
12, 13 & 14 Geo. 6
c.54
12, 13 & 14 Geo. 6
c.67
Colonial Stock Act, 1948
Visiting Forces Act, 1952
72
73
74
15 & 16 Geo. 6 & 1
Eliz. 2 c.67
3 & 4 Eliz. 2 c.18
3 & 4 Eliz. 2 c.19
4 & 5 Eliz. 2 c.74
75
5 & 6 Eliz. 2 c.52
Geneva Conventions Act, 1957
76
5 & 6 Eliz. 2 c.53
Naval Discipline Act, 1957
77
78
9 & 10 Eliz. 2 c.27
9 & 10 Eliz. 2 c.52
Carriage by Air Act, 1961
Army and Air Force Act, 1961
68
69
70
71
Evidence (Foreign, Dominion
and Colonial Documents) Act,
1933
Visiting Forces (British
Commonwealth) Act, 1933
Foreign Judgments (Reciprocal
Enforcement) Act 1933
Whaling Industry (Regulation)
Act, 1934
s.29
S.I. 1961 No.
2047
ss.1-4 as
adapted and
modified
Except ss.9(2)
and 15 and
as adapted
Counterfeit Currency
(Convention) Act, 1935
Prize Act 1939
Official Secrets Act 1939
Prize Salvage Act 1944
Coinage Act 1946
Army Act, 1955
Air Force Act, 1955
Copyright Act, 1956
S.R.O. 1940
No 1373
S.R.O. 1933
No. 1073
S.R.O. 1936
No. 716
S.R.O. 1947
No. 2305
Colonial Naval Defence Act
1949
Wireless Telegraphy Act, 1949
Civil Aviation Act, 1949
S.I. 1935 No.
837
ss.8-11, 13,
14, 27, 38,
40, 41, 51,
53 and 5763
Except s.15
Except ss.8,
23-30, 32,
34, 35, 42
and 44 and
Fourth and
Fifth
Schedules
Except ss.4
and 8(2) as
modified
ss.1(1), 2(1),
(2) and (3),
3, 4, 5, 7, 8,
13 and
14(2), as
modified
S.I 1954 No.
488
S.I. 1952 No.
868
S.I. 1954 No.
636
S.I. 1960 No.
847
S.I. 1959 No.
1301
S.I. 1967 Nos.
809 and 810
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1962-17
English Law (Application)
79
10 & 11 Eliz. 2 c.43
Carriage by Air (Supplementary
Provisions) Act 1962
ss.1(1), 2(1)
(b) and (2),
3 and 6, as
modified
ss.1-6, 7(1),
13 and
14(2)
S.I. 1967 Nos.
809 and
810.
80
1965 c.37
Carriage of Goods by Road Act,
1965
81
1965 c.47
Merchant Shipping Act, 1965
ss.1,7 and 8(2)
and (4) and
Sch.1 and 2
as modified
S.I. 1971 No.
383 and LN
98/1971.
82
1965 c.57
Nuclear Installations Act, 1965
S.I. 1970 No.
1116
83
1966 c.41
Arbitration (International
Investment Disputes) Act,
1966
84
1967 c.47
Decimal Currency Act, 1967
ss.10-17, 21,
26 and 30 as
adapted
As adapted
and
excepting
ss.5-8
As modified
85
1967 c.52
Tokyo Convention Act, 1967
ss.1, 3-7, Sch
86
1967 c.68
Fugitive Offenders Act, 1967
87
1969 c.19
Decimal Currency Act, 1969
ss.1-15, 19-22
and Schs 1
and 2
As modified
88
1971 c.59
Merchant Shipping (Oil
Pollution) Act, 1971
89
1971 c.70
Hijacking Act, 1971
90
1971 c.75
Civil Aviation Act 1971
91
1973 c.47
Protection of Aircraft Act, 1973
92
1974 c.6
Biological Weapons Act 1974
94
1974 c.43
*Merchant Shipping Act 1974
As adapted,
and
excepting
ss.17 and 18
ss.1-5, as
adapted
s.62 as
modified
Part I and
ss.19 and
26, as
adapted
ss.1-4, as
adapted
Part I and
ss.22-24 and
Sch.1, as
modified
and adapted
S.1. 1967 No.
820 and
1981 No.
604
S.I. 1967 No.
159
Proclamation
of
20.12.1968
published in
Gazette of
4.9.1970.
S.I. 1968 No.
1864
S.I. 1967 No.
1909
Proclamation
of 1912.
1969
published in
Gazette of
10.9.1970
S.I. 1976 No.
53
S.I. 1971 No.
1739
S.I. 1976 No.
1912
S.I. 1973 No.
1757
S.I. 1975 No.
240
S.I. 1976 No
53
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1962-17
English Law (Application)
95
1975 c.34
Evidence (Proceedings in Other
Jurisdictions) Act 1975
96
1978 c.17
Internationally Protected
Persons Act 1978
s.8(2), (3) and
(4) and Sch
2
ss.1-3, as
adapted
S.I. 1978 No.
1892
S.I. 1979 No.
456
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1962-17
English Law (Application)
APPENDIX 2
ACTS OF PARLIAMENT AT WESTMINSTER THAT
HAVE BEEN DISAPPLIED SINCE 1 JUNE 1962
Session and
Chapter
7 Geo. 4 c.38
7 & 8 Vict. c.2
16 & 17 Vict. c.48
36 & 37 Vict. c 76
40 & 41 Vict. c.23
57 & 58 Vict. c.17
Subject or Short Title
47 & 48 Vict. c.31
6 & 7 Vict. c.22
33 Edw. 1
44 & 45 Vict. c.41
45 & 46 Vict. c.39
7 & 8 Geo. 4 c.28
Admiralty Offences Act 1826
Admiralty Offences Act 1844
Coinage (Colonial Offences) Act 1853
Colonial Letters Patent Act 1863
Colonial Fortifications Act 1877
Colonial Officers (Leave of Absence)
Act 1894
Colonial Prisoners Removal Act 1884
Colonies (Evidence) Act 1843
Conspirators (1305)
Conveyancing Act 1881
Conveyancing Act 1882
Criminal Law Act 1827
14 &15 Vict. c.100
7 Anne c.12
12 Geo. 3 c.24
32 & 33 Vict. c.68
46 & 47 Vict. c.3
37 & 38 Vict. c.36
38 & 39 Vict. c.24
5 Ric. 2 Stat. 1c.7
15 Ric. 2 c.2
8 Hen. 6 c.9
31 Eliz. 1 c.11
21 Jac.1 c.15
24 & 25 Vict. c.11
24 & 25 Vict. c.98
33 & 34 Vict. c 58
31 Car. 2 c.2
37 Geo. 3 c.70
25 Edw. 1 c.18
24 & 25 Vict. c.96
Criminal Procedure Act 1851
Diplomatic Privileges Act 1708
Dockyards, etc, Protection Act 1772
Evidence Further Amendment Act 1869
Explosive Substances Act 1883
False Personation Act 1874
Falsification of Accounts Act 1875
Forcible Entry (1381)
Forcible Entry (1391)
Forcible Entry (1429)
Forcible Entry Act 1588
Forcible Entry Act 1623
Foreign Law Ascertainment Act 1861
Forgery Act 1861
Forgery Act 1870
Habeas Corpus Act 1679
Incitement to Mutiny Act 1797
King’s Tenant his Debtor
Larceny Act 1861
34 & 35 Vict. c.112
5 & 6 Eliz. 2 c.35
24 & 25 Vict. c.97
Larcency (Advertisements) Act 1870
Maintenance Agreements Act 1957
Malicious Damage Act 1861
Extent of
Repeal where
less than the
whole
s.1
ss.1 and 2
s.17
ss.40 and 48
ss.8 and 9
ss.1-3 and 1013
ss.9 and 12
ss.3-7
s.2
s.7(3)
ss.1-3
ss.1, 3 and 4
Disapplying
enactment
1972-04
1972-04
L.N. 1979/026
L.N. 1976/113
L.N. 1979/026
L.N. 1976/113
L.N. 1979/026
L.N. 1979/026
Acts. 1972-04
1972-13
1972-13
1972-04
1972-04
1965-18
1972-15
1972-01
1972-04
1971-19
1971-19
1973-34
1973-34
1973-34
1973-34
1973-34
L.N. 1976/113
ss.48 and 49
ss.1, 2 and 4
s.20
s.2
ss.1, 18, 19,
21-23, 2730, 33-37,
65, 66, 8286, 97-99,
102-109,
111 and
115-117
ss.1-3
ss.1-25, 30,
31, 33, 3846, 49-51,
54-56, 5965, 67 and
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Act. 1971-19
1972-04
1972-04
1951-10
1971-19
1971-19
1973-18
1972-15
1951-10
1962-17
English Law (Application)
57 & 58 Vict. c.60
Merchant Shipping Act 1894
6 Edw. 7 c.48
Merchant Shipping Act 1906
7 Edw. 7 c.52
9 Edw. 7 c.18
27 & 28 Vict. c.25
20 & 21 Vict. c.83
28 Hen. 8 c.15
Merchant Shipping Act 1907
Naval Establishments in British
Possessions Act 1909
Naval Prize Act 1864
Obscene Publications Act 1857
Offences at Sea Act 1536
39 Geo. 3 c.37
Offences at Sea Act 1799
23 & 24 Vict. c.34
11 Will. 3 c.7
4 Geo. 1 c.11
18 Geo. 2 c.30
7 Will. 4 & 1 Vict.
c.88
34 & 35 Vict. c.112
1 & 2 Geo. 4 c.88
1 Geo. 1 Stat. 2 c.5
Petitions of Right Act 1860
Piracy Act 1698
Piracy Act 1717
Piracy Act 1744
Piracy Act 1837
57 Geo. 3 c.19
33 Geo. 3 c.67
41 & 42 Vict. c.76
35 Hen. 8 c.2
1 & 2 Phil. & Mar.
c.10
39 & 40 Geo. 3
c.93
11 & 12 Vict. c.12
37 Geo. 3 c.123
52 Geo. 3 c.104
39 Geo. 3 c.79
Seditious Meetings Act 1817
Shipping Offences Act 1793
Telegraph Act 1878
Treason Act 1543
Treason Act 1554
30 & 31 Vict. c.128
41 & 42 Vict. c.49
War Department Stores Act 1867
Weights and Measures Act 1878
Prevention of Crimes Act 1871
Rescue Act 1821
Riot Act 1714
69
ss.27 and 57
s.400 (4)
S.I. 1971 No.
383
S.I. 1971 No.
383
S.I. 1971 No.
383
ss.77-81 and
Sch.2
ss.54 and 55
L.N. 1979/026
s.52
s.1
ss.1 and 2
Preamble and
s.2
ss 9 and 10
s.7
s.4
ss.7, 9 and 20
s.1
ss.1-3, 5 and 8
ss.25-28, 30,
31 and 3437
s.7
s.11
s.1
ss.6 and 8
Treason Act 1800
Treason Felony Act 1848
Unlawful Oaths Act 1797
Unlawful Oaths Act 1812
Unlawful Societies Act 1799
Acts. 1951-10
1963-02
1972
No. 4
1972-04
1951-10
1972-04
1972-04
1972-04
1972-04
1972-04
1972-04
1972-04
1972-04
1972-04
1951-10
1972-04
1972-04
1972-04
s.8
s.3
s.4
ss.2, 3, 5-8,
10, 11, 13,
14 and 3436
s.20
Except Pts.IV
&V
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1972-04
1972-04
1972-04
1972-04
1951-10
1977-29
1962-17
English Law (Application)
APPENDIX 3.
MATTERS OF COMMON LAW THAT HAVE BEEN ABOLISHED IN
GIBRALTAR
PART I:
CRIMINAL
The following are no longer offences at common law in Gibraltar.
Subject
Arson
Attempt to commit the offence of conspiracy
Burglary
Challenging to fight
Cheating (except as regards offences relating to
public revenue)
Concealment of treasure trove
Eavesdropping or being a common barrator, a
common scold or a common night walker
Extortion by colour of office or franchise
False accounting by public officers
Incitement
Larceny
Maintenance (including champerty but not
embracery)
Obtaining property by threats
Receiving stolen property
Robbery
Enactment
Act. 1972-15, s.8
Act. 1978-06, s.14
Act. 1971-19 s.3
Act. 1972-04, s.8
Act. 1971-19, s.3
Act. 1971-19, s.3
Act. 1972-04, s.8
Act. 1971-19, s.3
Act. 1971-19, s.3
Act. 1978-06, s.14
Act. 1971-19, s.3
Act. 1972-04, s.8
Act. 1971-19 ,s.3
Act. 1971-19, s.3
Act. 1971-19, s.3
PART II:
CIVIL
The following are no longer recognised or causes of action in Gibraltar –
Subject
Adultery, damages for
Curtesy, tenancy by the
Dower
Enticement
Escheat
Freebench
Harbouring a spouse or child
Maintenance and champerty
Seduction
Enactment
Act. 1972-01, s.32
Act. 1933-02, s.50
Act. 1933-02, s.50
Act. 1972-01, s.33
Act. 1933-02, s.50
Act. 1933-02, s.50
Act. 1972-01, s.33
Act. 1972-04, s.9
Act. 1972-01, s.33
© Government of Gibraltar (www.gibraltarlaws.gov.gi)