Sunday Observance Act 1780

The Sunday Observance Act 1780^[1]
Dates
Parliament of Great Britain
Long title	An Act for preventing certain Abuses and Profanations on the Lord's Day called Sunday.
Citation	21 Geo 3 c 49
Repealed	24 November 2005^[2]
Other legislation
Repealed by	The Licensing Act 2003, ss. 198(1) & 199 & Sch.6, para.3 & Sch.7
Status: Repealed

The Sunday Observance Act 1780 (21 Geo 3 c 49) was an Act of the Parliament of Great Britain. Originally eight sections long, only sections 1 to 3 were still in force after the 1960s. These sections prohibited the use of any building or room for public entertainment or debate on a Sunday.

In 1931, Millie Orpen, a solicitor's clerk, brought an action as a common informer against a cinema chain for opening on a succession of Sundays, contrary to the Sunday Observance Act 1780, s.1. Orpen claimed £25,000 against the cinema company and individual members of its board of directors. The claim was based on a forfeit of £200 per performance per defendant. The judge, Mr Justice Rowlatt, expressed some distaste for the proceedings. He found against the cinema chain, awarding Orpen £5,000, with costs, but found for the individual directors on the grounds there was no evidence they were guilty on any particular Sunday. Costs were awarded to the directors against Orpen. The judge granted a stay pending an appeal by the company.^[3] Later in the year, Orpen brought a claim against another chain, but was thwarted by a change in the law legalising Sunday opening for cinemas before her case could be decided.^[4]

Other legislation

This Act was affected by sections 1(1) and (3) of the Common Informers Act 1951. Its provisions were excluded in relation to certain activities by:

section 4 of the Sunday Entertainments Act 1932
section 9 of the Cinemas Act 1985
section 1 of the Sunday Theatre Act 1972
section 21 of the Deregulation and Contracting Out Act 1994
article 2 of the Deregulation (Sunday Dancing) Order 2000 (S.I. 2000/3372)
section 88 of the Licensing Act 1964

Case law

The following cases were decided in relation to the Act:

Baxter v. Langley (1868) LR 4 CP 21, 38 LJMC 1
Terry v. Brighton Aquarium Co (1875) LR 10 QB 306, 39 JP 519
Reid v. Wilson and Ward [1895] 1 QB 315, [1891 - 1894] All ER Rep 500
Williams v. Wright (1897) 13 TLR 551
Orpen v. Haymarket Capitol Ltd (1931) 145 LT 614, [1931] All ER 360
Orpen v. New Empire Ltd (1931) 48 TLR 8, 75 Sol Jo 763
R v. London County Council, ex parte Entertainments Protection Association Ltd [1931] 2 KB 215, 100 LJKB 760
Green v. Kursal (Southend on Sea) Estates Ltd [1937] 1 All ER, 81 Sol Jo 279
Houghten Le Touzel v. Mecca Ltd [1950] 2 KB 612, [1950] 1 All ER 638
Culley v. Harrison [1956] 2 QB 71, [1956] 2 All ER 254

Repeal

Sections 1 to 3 were repealed by the Licensing Act 2003 (with effect from 24 November 2005).^[5]

Sections 4 and 5 were repealed by the Statute Law Revision Act 1966.

Section 6 was repealed in part by section 2 of the Limitation of Actions and Costs Act 1842 and entirely by section 2 of the Public Authorities Protection Act 1893.

Section 7 was repealed by section 87 of, and Schedule 5 to, the Ecclesiastical Jurisdiction Measure 1963.

Section 8 was repealed by the Statute Law Revision Act 1966.

References

Halsbury's Statutes,

↑ The citation of this Act by this short title was authorised by the Short Titles Act 1896. (Some sources may refer to the Act as the Sunday Observance Act 1781, this being the year in which it was passed.)
↑ Licensing Act 2003 (Commencement No. 7 and Transitional Provisions) Order 2005 article 2(2) (see article 1 for the meaning of "second appointed day")
↑ Orpen v. Haymarket Capital Ltd & Others, The Times, July 18, 1931, p.3, col E
↑ Orpen v. New Empire Ltd and Others, The Times, October 20, 1931, p.4, col C
↑ Licensing Act 2003 (Commencement No. 7 and Transitional Provisions) Order 2005

External links

The Sunday Observance Act 1780, as in force immediately before its repeal, from the National Archives.

United Kingdom legislation

Pre-Parliamentary legislation	List of English statutes Charter of Liberties Magna Carta

Acts of Parliament by states preceding the Kingdom of Great Britain	Acts of the Parliament of England to 1483 1485–1601 1603–1641 Interregnum (1642–1660) 1660–1699 1700–1706 Acts of the Parliament of Scotland Acts of the Parliament of Ireland to 1700 1701–1800

Acts of Parliament of the Kingdom of Great Britain	1707–1719 1720–1739 1740–1759 1760–1779 1780–1800

Acts of Parliament of the United Kingdom of Great Britain and Ireland and the United Kingdom of Great Britain and Northern Ireland	1801–1819 1820–1839 1840–1859 1860–1879 1880–1899 1900–1919 1920–1939 1940–1959 1960–1979 1980–1999 2000 to date Halsbury's Statutes UK Statute Law Database Short titles

Church of England measures	List Church of England Assembly (Powers) Act 1919

Legislation of devolved institutions	Acts of the Scottish Parliament Acts and Measures of the National Assembly for Wales Acts of the Northern Ireland Assembly Acts of the Parliament of Northern Ireland Orders in Council for Northern Ireland

Orders-in-Council	Order in Council

Secondary legislation	United Kingdom Statutory Instruments Scottish Statutory Instruments Act of Sederunt, Act of Adjournal

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