Aliens Restriction (Amendment) Act 1919 Explained

Short Title:Aliens Restriction (Amendment) Act 1919[1]
Parliament:Parliament of the United Kingdom
Long Title:An Act to continue and extend the provisions of the Aliens Restriction Act, 1914.
Year:1919
Statute Book Chapter:9 & 10 Geo. 5. c. 92
Royal Assent:23 December 1919
Commencement:23 December 1919
Amends:Aliens Restriction Act 1914
Status:Amended
Original Text:http://www.legislation.gov.uk/ukpga/Geo5/9-10/92/contents/enacted
Revised Text:http://www.legislation.gov.uk/ukpga/Geo5/9-10/92/contents

The Aliens Restriction (Amendment) Act 1919 (9 & 10 Geo. 5. c. 92) is an Act of the Parliament of the United Kingdom originally aimed at continuing and extending the provisions of the Aliens Restriction Act 1914, and the British Nationality and Status of Aliens Act 1914 (4 & 5 Geo. 5. c. 17) and to deal with former enemy aliens after the end of the World War I.[2] [3]

It provided the authority to produce the Aliens Order 1920.[2]

After subsequent amendment and repeal, what remains comprises section 3 on sedition and promoting industrial unrest, section 6 on the civil service, section 8 on juries, section 13 on offences and penalties, and section 16 giving the short title.

Section 1 - Continuance of emergency powers

This section was repealed by section 34(1) of, and Schedule 6 to, the Immigration Act 1971.

Section 2 - Extension of powers

Section 2(1) was repealed by section 34(1) of, and Schedule 6 to, the Immigration Act 1971.

Section 2(2) was repealed by Part V of the Schedule to the Statute Law (Repeals) Act 1971.

Section 3 - Incitement to sedition, etc

  1. If any alien attempts or does any act calculated or likely to cause sedition or disaffection amongst any of His Majesty's Forces or the forces of His Majesty's allies, or amongst the civilian population, he shall be liable on conviction on indictment to penal servitude for a term not exceeding ten years, or on summary conviction to imprisonment for a term not exceeding three months.
  2. If any alien promotes or attempts to promote industrial unrest in any industry in which he has not been bona fide engaged for at least two years immediately preceding in the United Kingdom, he shall be liable on summary conviction to imprisonment for a term not exceeding three months.

In 1977, the Law Commission recommended that this section be repealed.[4]

The words "a fine not exceeding level 3 on the standard scale" are prospectively substituted for the words "imprisonment for a term not exceeding three months" in section 3(2) by paragraph 153 of Schedule 32 to the Criminal Justice Act 2003.

Section 4 - Pilotage certificates

This section was repealed by section 52(2) of, and Part II of Schedule 7 to, the Merchant Shipping Act 1979.

Section 5 - Employment of aliens in ships of the mercantile marine

This section was repealed by section 101(4) of, and Schedule 5 to, the Merchant Shipping Act 1970.

Section 7 - Restriction of change of name by aliens

Section 7 was repealed by Part V of the Schedule to the Statute Law (Repeals) Act 1971.

In Brunning v Kollross,[5] [6] the divisional court held that an alien, who carried on a business (which he acquired in 1921) under the trade name by which the business was known before the outbreak of war in 1914, was not infringing the provisions of section 7 of this Act, by continuing to carry on the business under that name.[7]

As to the effect of adding the words "& Co" to the name, see Evans v Piauneau.[8] [9]

Section 9 - Deportation of former enemy aliens

This section was repealed by the Statute Law Revision Act 1927.

Section 10 - Admission of former enemy aliens

This section was repealed by the Statute Law Revision Act 1927.

The restrictions imposed by this section expired on 23 December 1922.[10]

Section 11 - Temporary restriction on acquisition by former enemy aliens of certain kinds of property

This section was repealed by the Statute Law Revision Act 1927.

The restrictions imposed by this section expired on 23 December 1922.[10]

Section 12 - Employment of former enemy aliens in British ships

This section was repealed by Schedule 2 to the Former Enemy Aliens (Disabilities Removal) Act 1925.

Section 13 - Offences and penalties

Section 13(3) was repealed by section 34(1) of, and Schedule 6 to, the Immigration Act 1971.

Section 14 - Saving for diplomatic persons, etc

Section 14(1) was repealed by section 34(1) of, and Schedule 6 to, the Immigration Act 1971.

Section 14(2) was repealed by Part V of the Schedule to the Statute Law (Repeals) Act 1971.

Section 15 - Definitions

This section was repealed by Part V of the Schedule to the Statute Law (Repeals) Act 1971.

Section 16 - Short title and repeal

Section 16(2) was repealed by Part V of the Schedule to the Statute Law (Repeals) Act 1971.

See also

References

External links

Notes and References

  1. The citation of this Act by this short title is authorised by section 16(1) of this Act.
  2. Taylor. Becky. 15 April 2016. Immigration, Statecraft and Public Health: The 1920 Aliens Order, Medical Examinations and the Limitations of the State in England . Social History of Medicine. 29. 3. 512–533 . 10.1093/shm/hkv139. 27482146. 4966482. free.
  3. Web site: British Nationality and Status of Aliens Act [H.L.] (Hansard, 18 May 1920) ]. api.parliament.uk . 7 October 2022.
  4. The Law Commission. Codification of the Criminal Law: Treason, Sedition and Allied Offences. Working Paper No 72. 1977. Paragraphs 89 and 94 and 96(10).
  5. Brunning v Kollross [1923] 1 KB 311; [1923] WN 10; (1922) 128 LT 600 https://books.google.com/books?id=YNuBwCImq2EC https://books.google.com/books?id=3CgyAAAAIAAJ; (1922) 92 LJKB 323; (1922) 87 JP 41; (1922) 39 TLR 129; (1922) 21 LGR 108; (1922) 27 Cox CC 383, DC
  6. For further commentary on this case, see The Annual Practice 1949, vol 1, p 901
  7. Brunning v Kollross (1922) 67 Sol Jo 278
  8. Evans v Piauneau [1927] 2 KB 374 https://books.google.com/books?id=3M1MAQAAIAAJ https://books.google.com/books?id=AfT42HUULYgC https://books.google.com/books?id=oOgbAQAAMAAJ; [1927] WN 154; (1927) 137 LT 482; (1927) 96 LJKB 734; (1927) 91 JP 97 https://books.google.com/books?id=YX8yAAAAIAAJ https://books.google.com/books?id=kcg5AQAAIAAJ; (1927) 43 TLR 524; (1927) 25 LGR 321; (1927) 28 Cox CC 410
  9. For commentary of this case, see "Change of Name" in "Current Topics" (1927) 71 Solicitors Journal 435; and (1927) 38 Incorporated Accountants' Journal 346 (June 1927)
  10. The Laws of England, Supplement No 15, 1925, para 1:682 at p 63

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