Author Topic: Repeal and Revocation  (Read 5889 times)

Offline BB

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Repeal and Revocation
« on: May 04, 2008, 04:39:38 PM »
Can anybody enlighten me on the difference between Repeal and Revocation regarding the FSO.

I've looked up the definition of both:

Repeal: Is the removal or reversal of a law. This is generally done when a law is no longer effective, or it is shown that a law is having far more negative consequences than were originally envisioned.


Revocation:Is the act of recalling or annulling, the reversal of an act, the recalling of a grant, or the making void of some deed previously existing. It exists in both common law and civil law.

In my opinion they both mean the same thing. How does this compare when using the FSO schedules 4 & 5.

Am I right in persuming that repeal will remove or cancel certain all all parts of the act and revocation will work on regulations???

Or is my interperation utter Bulcocks
Save a little money each month and at the end of the year you'll be surprised at how little you have :)

Clevelandfire

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Repeal and Revocation
« Reply #1 on: May 04, 2008, 04:41:22 PM »
I was always taught that REPEAL meant that something wasnt used but could be reactivated if required and revoked meant it was permantly gotten rid of and could never be brought back

Offline BB

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Repeal and Revocation
« Reply #2 on: May 04, 2008, 04:51:05 PM »
Thanks for that.

So using the guidance in the FSO for example if the new piece of leglisation is proving a burden or not working as intended the CLG could reintroduce The Fire Precautions Act 1971 (as amended) under schedule 4
Save a little money each month and at the end of the year you'll be surprised at how little you have :)

Offline PhilB

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Repeal and Revocation
« Reply #3 on: May 05, 2008, 08:41:15 PM »
I thought you repealed Acts and revoked Regulations, I will check the pockets of my anorak.

Midland Retty

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Repeal and Revocation
« Reply #4 on: May 06, 2008, 04:33:03 PM »
Quote from: Clevelandfire
I was always taught that REPEAL meant that something wasnt used but could be reactivated if required and revoked meant it was permantly gotten rid of and could never be brought back
Yeah I heard very similar to you - it's as you describe or the other way round...

Midland Retty

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Repeal and Revocation
« Reply #5 on: May 06, 2008, 04:34:33 PM »
Quote from: Clevelandfire
I was always taught that REPEAL meant that something wasnt used but could be reactivated if required and revoked meant it was permantly gotten rid of and could never be brought back
Yeah I heard very similar to you - it's as you describe or the other way round...

Quote from: PhilB
I will check the pockets of my anorak.
Ahhh wondered where you had gone Tony - I've genuinely missed you and your anorak antics of late!

Clevelandfire

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Repeal and Revocation
« Reply #6 on: May 08, 2008, 06:16:24 PM »
Quote from: BB
Thanks for that.

So using the guidance in the FSO for example if the new piece of leglisation is proving a burden or not working as intended the CLG could reintroduce The Fire Precautions Act 1971 (as amended) under schedule 4
Just had confirmation that revoke means to get rid of permanently

Repeal means it can be brought back

So yes the Fire Precautins ACt 1971 is still sitting in the background somewhere and could be re-activated if required.

Im advised that this was done purposely as a safety net so that if self compliance was seen not to be working the government would re-introduce the FRA with its prescription.

So its effectively "on the subs bench!"

Offline PhilB

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Repeal and Revocation
« Reply #7 on: May 08, 2008, 09:39:01 PM »
Quote from: Midland Retty
Quote from: PhilB
I will check the pockets of my anorak.
Ahhh wondered where you had gone Tony - I've genuinely missed you and your anorak antics of late!
Always here Retty, quiet when busy but always here, I must get out more!


Quote from: Clevelandfire
Just had confirmation that revoke means to get rid of permanently

Repeal means it can be brought back

So yes the Fire Precautins ACt 1971 is still sitting in the background somewhere and could be re-activated if required.

Im advised that this was done purposely as a safety net so that if self compliance was seen not to be working the government would re-introduce the FRA with its prescription.

So its effectively "on the subs bench!"
Who told you that Jim....
Not that I’m doubting you Clevelandfire, heaven forbid !!!!.......but it differs from the opinion that I’ve been given and I would be interested where your opinion comes from.........

Please tell me it’s not that bloke in  snug bar in Head & Hatchet in Redcar.......not that that would make it wrong ...but it would depend on how many frothy halves of weak bitter shandy the advisor had supped...and how many Pimms No.1’s  you had downed whilst taking your notes.

Clevelandfire

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Repeal and Revocation
« Reply #8 on: May 08, 2008, 10:23:46 PM »
I asked some of our technical fire safety training bods and they confirmed it

I was blissfully unaware that, rather like yourself Mr Barry, the Fire Precautions Act 1971 is still lurking quietly in the background somewhere.

You don't know me well enough to call me Jim, nor Sonny Jim but go on ill let you Phillip!

Offline PhilB

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Repeal and Revocation
« Reply #9 on: May 09, 2008, 09:44:34 AM »
Quote from: Clevelandfire
I asked some of our technical fire safety training bods and they confirmed it

I was blissfully unaware that, rather like yourself Mr Barry, the Fire Precautions Act 1971 is still lurking quietly in the background somewhere.

You don't know me well enough to call me Jim, nor Sonny Jim but go on ill let you Phillip!
No I was not unaware that it was lurking quitely in the background.

If you look at schedule 2 it says...the act "ceases to have effect"

So it appears to still be lurking about......but Schedule 4 says that the whole act is repealled.

If you look again at schedule 4 which deals entirely with repeals they are all Acts, however schedule 5 deals with revocations, and they are all regulations.

I asked a barrister what the difference was and he could find no difference please ask your technical training Bods where they are getting their info from I would be interested to know.

and there's only one L in Philip, young Todddddy also used to spell my name incorrectly, your not related to him are you?

Offline nearlythere

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Repeal and Revocation
« Reply #10 on: May 09, 2008, 09:48:22 AM »
Did James Bond not have his Licence Revoked at one time only to get it back again?
Should it have been Licence Repealed?
We're not Brazil we're Northern Ireland.

Midland Retty

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Repeal and Revocation
« Reply #11 on: May 09, 2008, 04:29:51 PM »
Right then you anorak wearing legal eagles out there

According to Dictionary.com these are the official meanings of REVOKE and REPEAL

As Mrs Retty tells me Im not exactly the sharpest knife in the box but to me they mean exactly the same thing!

re·voke   verb, -voked, -vok·ing, noun
–verb (used with object)
1. to take back or withdraw; annul, cancel, or reverse; rescind or repeal: to revoke a decree.
 
2. to bring or summon back.  
–verb (used without object)
3. Cards. to fail to follow suit when possible and required; renege.  
–noun
4. Cards. an act or instance of revoking.  

Revoke can mean to "summon back"! therefore Im wondering if the FP 1971 can be "summoned back"

re·peal  
–verb (used with object)
1. to revoke or withdraw formally or officially: to repeal a grant.  
2. to revoke or annul (a law, tax, duty, etc.) by express legislative enactment; abrogate.  
–noun 3. the act of repealing; revocation; abrogation

Have to admit I was basically told exactly the same thing as Clevelandfire and Im sure the person who told me was an instructor from the FS College during one of my many courses there.

Perhaps its just a fire safety myth but would love to get a definitive answer.

Offline jokar

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Repeal and Revocation
« Reply #12 on: May 09, 2008, 06:51:00 PM »
Umm, fire safety, definitive answer!  That will be a first, all shades of grey.