Parliamentary Papers Act 1840

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Parliamentary Papers Act 1840
3 & 4 Vict. c. 9
Dates
Royal assent14 April 1840
Status: Current legislation
Text of statute as originally enacted
Text of the Parliamentary Papers Act 1840 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Parliamentary Papers Act 1840 (

Members of Parliament
.

Provisions

The Act provides that:

  • Publications under the House's authority enjoy
    absolute privilege
    against civil or criminal proceedings (s.1);
  • Correct copies of such publications also enjoy absolute privilege (s.2);
  • Extracts are protected by
    malice
    (s.3).

Publication for circulation among Members of Parliament is protected by absolute privilege under common law.[2] The Act received royal assent on 14 April 1840.

The Act is notable by being ex post facto – it changes the legal status of happenings before the Act was passed. As such, it is a precedent showing that Parliament has sovereignty over the past as well as the future.

See also

References

  1. ^ The citation of this Act by this short title was authorised by the Short Titles Act 1896, section 1 and the first schedule. Due to the repeal of those provisions it is now authorised by section 19(2) of the Interpretation Act 1978.
  2. ^ Lake v. King (1667) 1 Saunders 131.

Bibliography

  • Text of the Parliamentary Papers Act, without amendments
  • Text of the Parliamentary Papers Act as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
  • A Collection of the Public General Statutes passed in the Third and Fourth Year of the Reign of Her Majesty Queen Victoria, 1840. Printed by George E Eyre and Andrew Spottiswoode, printers to the Queen's most excellent majesty. London. 1840. Pages 99 to 100.
  • Bradley, A. W. & Ewing, K. D. (2003). Constitutional and Administrative Law (13th ed.). London: Pearson. pp. 219–220. .