Is it a myth?

[Midland Retty]

Fellow firenetters your kind help required as always...

It concerns what may be a myth doing the rounds at the moment and stems from the difference between the terms "repealed" and "revoked" used in English & Welsh legislation.

The Fire Precautions Act 1971 has been revoked by the RR(FS)O but not repealed.

I have been told from various sources that this means that it can be brought back into force in future if so required. In other words the FP Act 1971 hasn't been scrapped completely.

Do we know if this is the case?

Looking in the dictionary the word "repeal" and "revoke" means essentially the same thing!

[Meerkat]

If you look at Sched 4 and 5 of the RRFSO you will see the FPA 1971 has actually been repealed (not revoked).

As I understand it, Acts of Parliament are repealed and Regulations made under Acts of Parliament are revoked.  So a piece of legislation that is no longer required undergoes one process or the other not both.  I assume this is due to the different process of actually making each type of legislation.

So yes, it's a myth AFAIK

[Midland Retty]

But if you look at Schedule 5 it states "Revocations" which is strange.

Anyway despite that your reply is the most credible explanation Ive heard yet!

[Meerkat]

Not sure what you're getting at Midland?

Sched 4 is Repeals - they are all Acts
Sched 5 is Revocations - they are all Regulations

I'm 99% sure I'm right and the different terminology is simply because of the different way the two types of legislation are made in the first place.

[Midland Retty]

The FPA Act 1971 is listed under schedule 5 which is why i was getting confused but I see where you are coming - one schedule deals with acts the other one deal with regulations.

Thanks for clearing that one up Meerkat!! 

[Tom Sutton]

May be worth a look.

http://legal-dictionary.thefreedictionary.com/revoke