Supply Powers Act 1975
| Year | 1975 |
Supply Powers Act 1975
1975 CHAPTER 9
An Act to consolidate the outstanding provisions of the Ministry of Supply Act 1939 and enactments and instruments amending those provisions, with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.
[13th March 1975]
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:—
1 General powers of Secretary of State.
(1) The Secretary of State shall have power to acquire, produce or process articles required for the public service or articles to be exchanged for such articles; to sell, exchange or otherwise dispose of any such articles or any government surplus materials; to store and transport any such articles and materials; and to do all such things (including the erection of buildings and the execution of works) as appear to the Secretary of State necessary or expedient for the exercise of the foregoing powers.
(2) Without prejudice to his powers of inspection under subsection (1) above, the Secretary of State may, at the request of the parties concerned, carry out or supervise the carrying out of any inspection for the purposes of or in connection with the production of any articles where the inspection can conveniently be carried out or supervised by him in connection with the exercise of his functions.
2 Application to Secretary of State of Defence Acts and other enactments.
(1) Her Majesty may by Order in Council apply in relation to the Secretary of State, with any necessary modifications or adaptations, any of the provisions of the enactments specified in Part I of Schedule 1 to this Act, so as to confer on the Secretary of State any powers, rights and privileges in relation to the acquisition and holding of land for the purpose of discharging any of his functions under this Act, and in relation to the management, use and disposal in any manner of land acquired for that purpose, which under those enactments are vested in the Secretary of State for Defence for any purpose.
(2) Her Majesty may by Order in Council apply in relation to the Secretary of State acting in the discharge of any of his functions under this Act or to property for the time being vested in or under the control of the Secretary of State for the purpose of discharging any of those functions, with any necessary modifications or adaptations, any of the provisions of the enactments specified in Part II of Schedule 1 to this Act.
(3) Any Order in Council made under this section may be varied or revoked by a subsequent Order in Council.
(4) Subject to subsection (5) below, no recommendation shall be made to Her Majesty to make an Order in Council under this section unless a draft of the Order has been laid before Parliament and has been approved by resolution of each House of Parliament.
(5) If at any time when Parliament is dissolved or prorogued or when both Houses of Parliament are adjourned for more than 14 days, it is shown to the satisfaction of the Secretary of State that the making of an Order in Council under this section is urgently necessary, a draft of the Order need not be laid before Parliament, but the Order shall, except as respects things previously done or omitted to be done, cease to have effect at the expiration of the period of 28 days beginning with the date on which the House of Commons first sits after the making of the Order unless within that period resolutions approving the Order are passed by both Houses of Parliament.
(6) References in this section to the Secretary of State do not include the Secretary of State for Defence.
3 Payments by Secretary of State for creation of reserves.
3. The Secretary of State may, in accordance with arrangements approved by the Treasury, make payments by way of grant or loan—
4 Power of Secretary of State to require returns of stocks, etc.
(1) The Secretary of State may by notice in writing require any person producing, dealing in, or having control of any article required for the public service, to make periodical and other returns, at such times, and containing such particulars as may be specified in the notice, as to—
(a ) the stocks of that article for the time being held by him and the quantities of any such article which by virtue of any contract are to be delivered by or to him and the date of delivery thereof; and
(b ) the facilities available for producing that article or storing stocks thereof.
(2) The Secretary of State may by notice in writing require any person carrying out works required for the public service, or carrying on a business which in the opinion of the Secretary of State is suitable for or can be adapted to carrying out works so required, to make periodical and other returns, at such times and containing such particulars as may be specified in the notice, as to the facilities available for carrying out such works.
(3) The Secretary of State may by notice in writing require any person who has under his control accommodation suitable for the storage of any articles required for the public service to make periodical and other returns, at such times and containing such particulars as may be specified in the notice, as to—
(a ) the nature and extent of that accommodation;
(b ) the period for which any part of that accommodation is already required and the purpose for which it is required; and
(c ) the facilities available for making use of the accommodation.
(4) Where a government department or any body of persons has, by virtue of any Act, power to obtain for any purpose information as to matters with respect to which the Secretary of State is empowered by subsections (1) to (3) above to require returns to be made—
(a ) that department or body shall, if so required by the Secretary of State, exercise that power for the purpose of assisting the Secretary of State in obtaining any such information; and
(b ) any such...
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