Article 38 Repeal of enactments

(1)

The enactments specified in Schedule 2 are repealed to the extent specified.

(2)

The portion of the first enactment referred to in Schedule 2 (which is saved from repeal to the extent, if any, that it applies to the upper rivers and the tributaries) is the following portion contained on the eighth membrane of the original Act (numbered V.T. 47) kept in the House of Lords Record Office—

“PROVIDED also that it shall and may bee lawfull to and for any person or persons, to use occupy or imploy any boat, barge, leightor or other Vessell upon the said River of Wye for the carrying transporting or conveying of any passengers goods or any other things whatsoever, as freely to all intents and purposes as is or hath been used or accustomed.”

(3)

The portion of the second enactment referred to in Schedule 2 (which is saved from repeal to the extent, if any, that it applies to the upper rivers and the tributaries) is the following portion of that Act appearing in the edition prepared under the direction of the Record Commission and dated 12th March 1831 immediately following the enacting formula and preceding the section numbered II, and which is given the marginal note “The said Rivers declared free and common Rivers”—

“That the said Rivers of Wye and Lugg be and from henceforth be accounted deemed and taken to bee free and Common Rivers and Streams to and for all His Majesties Subjects freely to make use of for the carrying and conveying of all Passengers Goods Wares and Commodities by Boats Barges Lighters and other Vessells whatsoever.”

(4)

Nothing in paragraph (1) shall affect any public right of way over land conferred by or acquired under the enactments specified in Schedule 2.

(5)

For the avoidance of doubt, in construing the enactments mentioned in paragraphs (2) and (3) a court may have regard to the repealed provisions of the Acts in which those enactments are contained.