Emergency Laws (Re-enactments and Repeals) Act 1964

Year1964


Emergency Laws(Re-enactments and Repeals)Act 1964

1964 CHAPTER 60

An Act to repeal the remaining Defence Regulations (that is to say those set out in the Emergency Laws (Repeal) Act 1959), except the Defence (Armed Forces) Regulations 1939, and to re-enact certain of those Defence Regulations with modifications; and to continue for limited periods the Ships and Aircraft (Transfer Restriction) Act 1939 and certain powers of the Board of Trade relating to jute products.

[16th July 1964]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

I Re-enactment of Defence Regulations

Part I

Re-enactment of Defence Regulations

S-1 Hire-purchase control.

1 Hire-purchase control.

(1) The Board of Trade or the Secretary of State may by order provide for imposing in respect of the disposal, acquisition or possession of articles of any description under hire-purchase or credit-sale agreements, or under agreements for letting on hire, such prohibitions or restrictions as appear to the Board of Trade to be required for restricting excessive credit.

(2) In this section—

‘credit-sale agreement’ means an agreement for the sale of goods in which the whole or part of the purchase price is payable by instalments, whether the agreement is absolute or conditional;

‘hire-purchase agreement’ means an agreement for the bailment of goods under which the bailee may buy the goods or under which the property in the goods will or may pass to the bailee, whether on the performance of any act by the parties to the agreement or any of them or in any other circumstances.

(3) Schedule 1 to this Act shall apply for the purposes of this section.

(4) In the application of this section to Scotland, for the definition in subsection (2) of hire-purchase agreement there shall be substituted the following definition:—

‘'hire-purchase agreement' means any contract, in whatsoever terms it may be expressed and whether it be truly one of sale or hire, whereby goods are taken on hire by one person from another person in consideration of periodical payments to be made by the first mentioned person to the other person, with an option to the first mentioned person to become the buyer of the goods;’

S-2 Power of Treasury to prohibit action on certain orders as to gold, etc.

2 Power of Treasury to prohibit action on certain orders as to gold, etc.

(1) Where the Treasury are satisfied that action to the detriment of the economic position of the United Kingdom is being, or is likely to be, taken by the government of, or persons resident in, any country or territory outside the United Kingdom, the Treasury may give general or special directions prohibiting, either absolutely or to such extent as may be specified in the directions, the carrying out, except with permission granted by or on behalf of the Treasury, of any order given by or on behalf of the government of that country or territory or any person resident therein at the time when the directions were given or at any later time while the directions are in force, in so far as the order—

(i) requires the person to whom the order is given to make any payment or to part with any gold or securities; or

(ii) requires any change to be made in the persons to whose credit any sum is to stand or to whose order any gold or securities are to be held.

(2) Where any directions are given under this section with respect to any country or territory, a branch in that country or territory of any business, whether carried on by a body corporate or otherwise, shall, for the purposes of this section, be treated in all respects as if the branch were a body corporate resident in that country or territory.

(3) In this section, unless the context otherwise requires:—

‘gold’ means gold coin or gold bullion;

‘security’, except in so far as is otherwise expressly provided, includes—

(a ) shares, stocks, bonds, notes, debentures, debenture stock and Treasury bills;

(b ) a deposit receipt in respect of the deposit of securities;

(c ) a unit or a sub-unit of a unit trust;

(d ) an annuity granted under the Government Annuities Act, 1929, or to which either Part I or Part II of that Act applies, and a life assurance policy or other contract entered into with an assurance company for securing the payment in the future of any capital sum or sums or of an annuity;

(e ) a warrant conferring an option to acquire a security;

(f ) a share in an oil royalty;

but does not include a bill of exchange or a promissory note;

and references in this section to the United Kingdom shall be construed as if the Channel Islands and the Isle of Man were part of the United Kingdom.

(4) Any consent or permission granted by or on behalf of the Treasury under this section may be granted either absolutely or subject to conditions.

(5) This section, and directions having effect under this section, and the following provisions of this Act so far as they relate to this section, shall extend to the Channel Islands and the Isle of Man as if those islands were part of the United Kingdom.

S-3 Temporary powers for purposes of defence.

3 Temporary powers for purposes of defence.

(1) The Board of Trade may by order provide for imposing in respect of the movement, transport, disposal or acquisition of any article situated outside the United Kingdom, or in respect of the re-export of any article from the United Kingdom, such prohibitions or restrictions as appear to the Board of Trade to be expedient having regard to any agreement or arrangement concluded in respect of defence matters, or any consultations held in respect of such matters, between Her Majesty's Government in the United Kingdom and the government of any country outside the United Kingdom.

(2) The Minister of Transport may by order provide for imposing in respect of the construction of ships such prohibitions or restrictions as appear to the Minister to be expedient having regard to any agreement or arrangement concluded in respect of defence matters, or any consultations held in respect of such matters, between Her Majesty's Government in the United Kingdom and the Government of any country outside the United Kingdom.

(3) Schedule 1 to this Act shall apply for the purposes of this section.

(4) This section shall continue in force until the end of 1969, and may be continued in force thereafter under the following provisions of this section.

(5) Her Majesty may by Order in Council direct that this section shall continue for such further period from the end of 1969 as may be specified in the order, being a period not exceeding five years, and from time to time extend the period for which this section continues in force for further periods not exceeding five years.

A draft of an Order under this subsection shall not be submitted to Her Majesty in Council unless it has been approved by resolution of each House of Parliament.

S-4 Welfare foods.

4 Welfare foods.

(1) The Minister of Health or the Secretary of State may, so far as appears to any of those Ministers to be required for the purposes of any scheme administered by a government department for the provision of any welfare food, by order provide—

(a ) for regulating or prohibiting—

(i) the acquisition, treatment, keeping, storage, transport, distribution, disposal, use or consumption of any welfare food other than liquid milk, and

(ii) the disposal, use or consumption of liquid milk, and

(b ) for controlling the prices to be charged for any welfare food.

(2) In this section ‘welfare food’ means liquid milk, dried milk, concentrated orange juice, cod liver oil or vitamin tablets.

(3) Schedule 1 to this Act shall apply for the purposes of this section.

(4) In the application of this section to Northern Ireland references to the Minister of Health shall be omitted.

S-5 Medical supplies.

5 Medical supplies.

(1) The Minister of Health or the Secretary of State may by order provide for controlling maximum prices to be charged for any medical supplies required for the purposes of the National Health Service Acts.

(2) The Minister of Health or the Secretary of State may by direction given with respect to any undertaking, or by order made with respect to any class or description of undertakings, being an undertaking or class or description of undertakings concerned with medical supplies required for the purposes of the National Health Service Acts, require persons carrying on the undertaking or undertakings of that class or description—

(a ) to keep such books, accounts and records relating to the undertaking as may be prescribed by the direction or, as the case may be, by the order or a notice served thereunder,

(b ) to furnish at such times, in such manner and in such form as may be so prescribed such estimates, returns or information relating to the undertaking as may be...

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