English Statutory Law

English statute law applying in South Georgia and the South Sandwich Islands

Introduction

There are several ways in which English statute law either applied or continues to apply in South Georgia and the South Sandwich Islands.  These include:

1. direct legislation by the Crown and Parliament;
2. reception of English common law and statutes of general application by virtue of South Georgia and the South Sandwich Islands having being claimed for the Crown by settlement;
3. the application of English statute law by a local Ordinance;
4. the operation of the Interpretation and General Clauses Ordinance (1977) with regard to what is termed ‘Imperial Enactments’; and
5. by implication.

Identifying statutes applying through either of the first two routes is, or should be, reasonably straight forward.   

However, determining:

• what English common law and statues of general application were received;
• when the reception of English statutory law ceased;
• the operation of the Interpretation and General Clauses Ordinance (1977) with regard to Imperial Enactments; and
• what statutes may have application by implication

is necessarily a matter of judgement – and ultimately a matter of judgement for the courts.  

The following pages of this website explore the application of English statutory law by:

• UK Direct Legislation;
• Statutes of General Application prior to 22 May 1900; 
• Application by local Ordinance; and by
• Operation of Interpretation and General Clauses Ordinance (1977).

There is a separate page that considers how to adapt these provisions to South Georgia and the South Sandwich Islands.

Notes:

1. The application of English statutory law by implication lies outside the scope of this website other than observing that application of statute law by implication necessarily forms part of the common law.
2. South Georgia was claimed by settlement, the South Sandwich Islands by annexation.