| Act of Parliament | |
 | |
| Long title | An Act to consolidate and amend the Laws relating to the Militia in England. |
|---|---|
| Citation | 15 & 16 Vict. c. 50 |
| Introduced by | Spencer Horatio Walpole MP (Commons) |
| Territorial extent | United Kingdom |
| Dates | |
| Royal assent | 30 June 1852 |
| Commencement | 30 June 1852[a] |
| Repealed | 1 October 1921 |
| Other legislation | |
| Amends | |
| Repealed by | Territorial Army and Militia Act 1921 |
| Relates to | Militia Ballots Suspension Act 1851 |
Status: Repealed | |
| Text of statute as originally enacted | |
TheMilitia Act 1852 (15 & 16 Vict. c. 50) was anact of theParliament of the United Kingdom that consolidated and amended enactments related to themilitia of the United Kingdom.
TheHouse of Commons resolved to consider acts relating to the local militia on 13 February 1852.[1] Thecommittee of the whole house met on 16 February 1852 and reported on 20 February 1852, resolving to bring in a bill to amend and consolidate the laws relating to the militia in England.[1] Leave to bring in the Militia Bill to theHouse of Commons was granted toRalph BernalMP andHenry John Temple, 3rd Viscount PalmerstonMP on 29 March 1852.[1] The bill had itsfirst reading in theHouse of Commons on 3 April 1852, presented by the home secretary,Spencer Horatio WalpoleMP.[1] The bill had itssecond reading in theHouse of Commons on 26 April 1852 and was committed to acommittee of the whole house,[1] which met on 6 May 1852, 7 May 1852, 10 May 1852, 14 May 1852, 17 May 1852, 20 May 1852 and 21 May 1852 and reported on 27 May 1852, with amendments.[1] The amended bill had itsthird reading in theHouse of Commons on 7 June 1852 and passed, with amendments.[1]
The bill had itsfirst reading in theHouse of Lords on 8 June 1852.[2] The bill had itssecond reading in theHouse of Lords on 15 June 1852 and was committed to acommittee of the whole house,[2] which met on 17 June 1852 and reported on 18 June 1852, with amendments.[2] The amended bill had itsthird reading in theHouse of Lords on 21 June 1852 and passed, with amendments.[2]
The amended bill was considered and agreed to by theHouse of Commons on 22 June 1852.[1]
The bill was grantedroyal assent on 30 June 1852.[2]
Section 3 of the act repealed all provisions of theMilitia Act 1802 (42 Geo. 3. c. 90) and any other act "relating to Property Qualifications in the Case of Persons to be appointed Officers in the Militia shall, save as respects Appointments to the Rank of Captain or any higher Rank".[3]
Section 5 of the act extended the provisions of theMilitia Act 1802 (42 Geo. 3. c. 90) and theMilitia (Medical Examination) Act 1815 (55 Geo. 3. c. 65) and the authorizing Officers entitled to Half Pay to receive the same while serving as such Officers as therein mentioned in the Militia, shall extend to Officers entitled to Half Pay who shall be appointed Field Officers in the Militia.
Section 26 of the act repealed forEngland and Wales theMilitia Act (No. 1) 1803 (43 Geo. 3. c. 19) and section 5 of theMilitia (Medical Examination) Act 1815 (55 Geo. 3. c. 65).
The description of this act as aconsolidation act was criticised byWilliam Rogers, a member of theBoard for the Revision of the Statute Law, as the act did not in substance repeal any older enactments.[4]
The whole act was repealed by section 4 of, and the second schedule to, theTerritorial Army and Militia Act 1921 (11 & 12 Geo. 5. c. 37).
Text of the Militia Act 1852 as in force today (including any amendments) within the United Kingdom, fromlegislation.gov.uk.
