Wikipedia

Aliens Restriction (Amendment) Act 1919

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]

Aliens Restriction (Amendment) Act 1919[1]
Parliament of the United Kingdom
Long titleAn Act to continue and extend the provisions of the Aliens Restriction Act, 1914.
Citation9 & 10 Geo. 5. c. 92
Dates
Royal assent23 December 1919
Commencement23 December 1919
Other legislation
AmendsAliens Restriction Act 1914
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

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

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This section was repealed by section 34(1) of, and Schedule 6 to, the Immigration Act 1971.

Section 2 - Extension of powers

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Section 2(1) was repealed by section 34(1) of, and Schedule 6 to, the Immigration Act 1971.

Section 2(2) was repealed by Part V of the Schedule to the Statute Law (Repeals) Act 1971.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

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In 1977, the Law Commission recommended that this section be repealed.[4]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

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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

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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

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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

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This section was repealed by the Statute Law Revision Act 1927.

Section 10 - Admission of former enemy aliens

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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

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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

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This section was repealed by Schedule 2 to the Former Enemy Aliens (Disabilities Removal) Act 1925.

Section 13 - Offences and penalties

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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

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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

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This section was repealed by Part V of the Schedule to the Statute Law (Repeals) Act 1971.

Section 16 - Short title and repeal

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

See also

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References

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  • "The Aliens Restriction (Amendment) Act, 1919". Halsbury's Statutes of England. (The Complete Statutes of England). 1929. Volume 1: [8] [9]. Page 203 et seq.
  • "Aliens Restriction (Amendment) Act 1919". Halsbury's Statutes of England. Second Edition. 1948. Volume 1. Page 693 et seq.
  • "Aliens Restriction (Amendment) Act 1919". Halsbury's Statutes of England. Third Edition. Butterworths. 1968. Volume 1. Page 917 et seq. See further "Preliminary Note" at page 860.
  • W de Bracy Herbert (ed). The Practical Statutes of the Session 1920. The Field Press Ltd. Law Times Office, Windsor House, Bream's Buildings, London. 1920. Page 401 et seq. Google
  • W H Aggs. "Aliens Restriction (Amendment) Act, 1919". Chitty's Statutes of Practical Utility. Sixth Edition. Sweet & Maxwell. 1920. Ninth annual continuation volume (Statutes of Practical Utility passed in 1919). Part 1 of Volume 20. Page 16 et seq.
  • J W Scobell Armstrong. "Aliens Restriction (Amendment) Act, 1919". War and Treaty Legislation, 1914-1922. Hutchinson and Co. Paternoster Row, London. Page 162 et seq. Google
  • William Evan Davies. "Aliens Restriction (Amendment) Act, 1919". The English Law Relating to Aliens. Stevens and Sons Limited. London. 1931. Page 118 et seq. Google
  • E J Hayward. "Aliens". Stone's Justices' Manual: being the Yearly Justices' Practice for 1944. Butterworth & Co. 1944. Page 346 et seq. Google
  • R F Burnand, B G Burnett-Hall, D Bolland and J E Watts. The Annual Practice 1949. Sixty-sixth Annual Issue. Sweet and Maxwell. Stevens and Sons. Butterworth & Co. London. Volume 1. Pages 901 and 1421.
  • Halsbury's Laws of England (The Laws of England). Supplement No 21. 1931.
    • Supplement No 15. 1925. Paragraphs 1:674, 1:682, 1:705, 1:710, 1:715, 1:713, 1:725, 7:139, 18:561, 21:616 and 26:934
  • The English and Empire Digest. Butterworth & Co. 1958. Replacement Volume 2: [10] [11]. Pages 180, 182 and 190. See further title "Aliens". **Skottowe (ed). The English and Empire Digest. Cumulative Supplement, bringing the work up to 1939. 1939. Title "Volume II: Aliens". Pages 52 to 54.
    • Supplement No 2. 1927. p 102 et seq
  1. ^ The citation of this Act by this short title is authorised by section 16(1) of this Act.
  2. ^ a b 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. doi:10.1093/shm/hkv139. PMC 4966482. PMID 27482146.
  3. ^ "British Nationality and Status of Aliens Act [H.L.] (Hansard, 18 May 1920)". api.parliament.uk. Retrieved 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 [1] [2]; (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 [3] [4] [5]; [1927] WN 154; (1927) 137 LT 482; (1927) 96 LJKB 734; (1927) 91 JP 97 [6] [7]; (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. ^ a b The Laws of England, Supplement No 15, 1925, para 1:682 at p 63
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