Legal Definitions - repealing statute

A repealing statute is a law passed by a legislative body (such as a parliament, congress, or state legislature) that officially cancels, revokes, or nullifies a previously existing law or a specific part of an existing law. When a repealing statute is enacted, the older law it targets is no longer in effect and ceases to be legally binding.

• Example 1: Environmental Regulations

  Imagine a state government that, in 1970, passed a law regulating industrial emissions, setting certain limits on pollutants. Fifty years later, with new scientific understanding and technological advancements, the state legislature decides these limits are insufficient. They pass a new, comprehensive "Clean Air and Water Act of 2020." Within this new act, there is a specific clause stating, "The Industrial Emissions Control Act of 1970 is hereby repealed." In this scenario, the "Clean Air and Water Act of 2020" serves as the repealing statute because it explicitly cancels the older 1970 law, replacing it with new, stricter regulations.

• Example 2: Business Licensing

  Consider a city that had an old ordinance from the 1950s requiring all small businesses to obtain a specific "Merchant's Guild License" annually, a practice that has become outdated and burdensome. The city council, aiming to streamline business operations, passes a new "Business Modernization Ordinance." This new ordinance includes a provision that reads, "The Merchant's Guild Licensing Ordinance of 1950 is repealed and replaced by the new Unified Business Permit system." Here, the "Business Modernization Ordinance" acts as the repealing statute by eliminating the old, unnecessary licensing requirement.

• Example 3: Public Health Measures

  A national government, during a public health crisis, enacted an emergency "Temporary Public Gathering Restriction Act" that limited the size of public assemblies. After the crisis subsides and public health conditions improve significantly, the legislature convenes and passes a new "Public Health Normalization Act." A key section of this new act declares, "The Temporary Public Gathering Restriction Act is hereby repealed, effective immediately." In this instance, the "Public Health Normalization Act" functions as the repealing statute, removing the temporary restrictions once they are no longer deemed necessary.