Wales and Berwick Act 1746

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The Wales and Berwick Act 1746 (20 Geo. II, c. 42) was an act of the Parliament of Great Britain explicitly expressing that all future laws applying to England would likewise also be applicable to Wales and Berwick-upon-Tweed (historically a royal burgh in Scotland) unless the body of the law explicitly stated otherwise. Berwick remained a county in its own right however, and was not included in Northumberland for Parliamentary purposes until 1885.

The act was repealed in 1967 with regard to Wales, by the Welsh Language Act 1967, and in its entirety by the Interpretation Act 1978.

The Local Government Act 1972, which came into force on April 1, 1974, explicitly stated that in future legislation "England" would consist of the 46 metropolitan and non-metropolitan counties established by the Act (which included Berwick), and that "Wales" would consist of the eight Welsh counties established by the Act. This also had the effect of excluding Monmouthshire from the definition of England, and including it in Wales. The Interpretation Act 1978 restated the provisions of the LGA 1972, with respect to legislation passed after April 1, 1974, and noted explicitly that in legislation passed before then, England included Berwick and Monmouthshire, and that in legislation prior to 1967 it still included Wales.

[edit] References

• The Rights of Persons, According to the Text of Blackstone:Incorporating the Alterations Down to the Present Time, Sir William Blackstone and James Stewart, 1839, p.92