Defence (Transfer of Functions) (No. 1) Order 1964
| Jurisdiction | UK Non-devolved |
| Citation | SI 1964/488 |
| Year | 1964 |
1964 No. 488
MINISTERS OF THE CROWN
The Defence (Transfer of Functions) (No. 1) Order 196426thMarch 1964
31stMarch 1964
1stApril 1964
At the Court at Buckingham Palace, the 26th day of March 1964
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, in pursuance of section 3(1) of the Defence (Transfer of Functions) Act 1964(a), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation, interpretation and commencement
1.—(1) This Order may be cited as the Defence (Transfer of Functions) (No. 1) Order 1964.
(2) The Interpretation Act 1889(b) shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.
(3) This Order shall come into operation on the 1st April 1964, being the appointed day for the purposes of the Defence (Transfer of Functions) Act 1964.
Amendments and repeals of Acts of Parliament
2.—(1) In the enactments mentioned in Part I of the First Schedule to this Order there shall be made the amendments specified in relation to them in the second column of the Schedule.
(2) The enactments mentioned in Part II of the First Schedule to this Order shall be repealed to the extent specified in the third column of the Schedule.
(3) In connection with any of the said enactments there shall have effect any consequential or transitional provisions specified in relation thereto in the second column in Part I of the First Schedule to this Order or, as the case may be, in the third column in Part II of the Schedule.
Modification of Air Force Orders in Council
3. The Orders in Council mentioned in the Second Schedule to this Order shall be amended or revoked as provided by that Schedule.
W. G. Agnew.
(a) 1964 c. 15.
(b) 52 & 53 Vict. c. 63.
FIRST SCHEDULE
AMENDMENTS AND REPEALS OF ACTS OF PARLIAMENT
PART I
AMENDMENTS
Enactment Amendment etc
The Regimental Accounts Act 1808 In section 2 for the words "Secretary
(48 Geo. 3. c.128). at War" there shall be substituted
the words "Secretary of State"
The Army Pensions Act 1830 (11 Geo. In sections 2 and 4 for the words
4 & 1 Will. 4. c.41). "Secretary at War" there shall be
substituted the words "Secretary of
State"
The Ordnance Board Transfer Act The words "the Secretary of State
1855 (18 & 19 Vict. c. 117). for Defence" shall be substituted
in section 1 for the words "Her
Majesty's Principal Secretary of
State for the time being to whom
Her Majesty shall think fit to
intrust the seals of the War Depart-
ment" and for the words "such
last-mentioned Principal Secretary
of State", and in section 4 for the
words "the last-mentioned Prin-
cipal Secretary of State for the time
being" (in both places) and for the
words "such last-mentioned Prin-
cipal Secretary"
The Defence Act 1859 (22 Vict. c.12). In sections 2, 3, 5, 6, and 7 for the
words "the said Secretary of State"
there shall in all places be sub-
stituted the words "the Secretary of
State for Defence"
Section 4 shall be omitted.
In Schedule A and in Schedule B for
the words "for the War Depart-
ment" and for the words "the said
Secretary of State" there shall in
each case be respectively substituted
the words "for Defence" and the
words "the Secretary of State for
Defence".
The Lands Clauses Consolidation Acts In section 7, in its application to the
Amendment Act 1860 (23 & 24 Secretary of State for Defence, for
Vict. c.106). the words "for the service of the
Admiralty or of the War Depart-
ment" there shall be substituted the
words "for any purpose of the
Ministry of Defence or of any of
Her Majesty's naval, military or air
forces": for the words "Secretary
of State for the War Department"
there shall in both places be sub-
stituted the words "Secretary of
State for Defence"; and the words
from "by the principal officers"
to "the OOrdnance Board Transfer
Act 1855" shall be omitted, and
for the words "statutes, or either
of them" there shall be substituted
the word "statute".
The Defence Act 1860 (23 & 24 Vict. In section 45 for the words "the
c.112). solicitor for the War Department"
there shall be substituted the words
"the solicitor appointed to act for
the Ministry of Defence".
In section 47 there shall be omitted
the words from "the style or
title" to "War Department; and"
The Metropolitan Police Act 1860 (23 In section 1 and in section 2 for the
& 24 Vict. c.135). words "the principal stations of the
War Department" there shall be
substituted the words "Her
Majesty's principal military or air
force stations".
In section 2 after the word "military"
there shall be inserted the words
"or air force".
In section 6 there shall be omitted the
words from "and the word
'stations'" onwards.
And where immediately before the
appointed day a constable is
employed or authorised to act under
the Metropolitan Police Act 1860
in any military or air force stations,
or within the limits mentioned in
that Act in relation to such stations,
his employment or authority shall
continue accordingly.
The Officers Commissions Act 1862 The preamble shall be omitted, and
(25 & 26 Vict. c.4). in section 1 after the word "direct"
there shall be inserted the words
"as regards all or any of Her
Majesty's naval, military or air
forces", and for the words from
"having thereon" to "said Prin-
cipal Secretaries" there shall be
substituted the words "having
thereon the signature of a Secretary
of State and, if the order so
provides, of a member or members
of the Defence Council".
The Naval Prize Act 1864 (27 & 28 In section 12 for the words "the
Vict. c.25). Lords of the Admiralty", and in
section 38 for the words "the
Admiralty" (in all places) there
shall be substituted the words "the
Secretary of State".
In section 37 for the words "the
Admiralty" there shall be substi-
tuted the words "the Defence
Council".
In section 55(4) the words from "or
any right" to "office of Lord High
Admiral" shall be omitted.
The Documentary Evidence Act 1868 The Act, as amended by the Docu-
(31 & 32 Vict. c. 37). mentary Evidence Act 1882, shall
continue to have effect in relation
to instruments issued by or under
the authority of the Minister of
Defence or the Admiralty, but as
if in the Schedule a Secretary or
Under-Secretary of State were men-
tioned in the second column in
relation to the Admiralty and to the
Minister of Defence: shall continue
to have effect in relation to instru-
ments issued by or under the
authority of the Army Council or
the Air Council but as if in the
Schedule a member of or Secretary
to the Defence Council were men-
tioned in the second column in
relation to the Army Council and
to the Air Council:
shall have effect as if the Defence
Council, Admiralty Board, Army
Board and Air Force Board were
included in the first column of the
Schedule and as if a member of or
Secretary to the Council or Board
were mentioned in the second
column in relation to the Council
or Board:
shall have effect in relation to the
Secretary of State for Defence and
in relation to the Defence Council
or any of those Boards as if the
regulations referred to in the Act
included any document issued by
him or them.
The Foreign Enlistment Act 1870 In section 21(4) for the word
(33 & 34 Vict. c. 90). "Admiralty" there shall be sub-
stituted the words "Defence
Council".
The Pensions Commutation Act 1871 In section 4(4) for the words from
(34 & 35 Vict. c. 36). "who has belonged to Her
Majesty's Naval Forces" to "War
Office" there shall be substituted
the words "by a recommendation
from the Defence Council".
In section 8 for the words from "in
the naval forces" to "War Office"
there shall be substituted the words
"to the Defence Council".
The Militia (Lands and Buildings) In section 7 for the words "Her
Act 1873 (36 & 37 Vict. c. 68). Majesty's Principal Secretary of
State for the War Department"
there shall be substituted the words
"the Secretary of State for
Defence".
The Defence Acts Amendment Act In section 1 for the words "Her
1873 (36 & 37 Vict. c. 72). Majesty's Principal Secretary of
State for the War Department"
there shall be substituted the words
"the Secretary of State for
Defence", and for the words "of
the said Secretary of State" there
shall be substituted the words "of
this Act".
The Explosives Act 1875 (38 & 39 In section 97 there shall be omitted
Vict. c. 17). in paragraph (1) the words "the
Admiralty": in paragraph (4) the
words "or the Commissioners of
the Admiralty, as the case may be"
and the words "or such Commis-
sioners": in paragraph (5) the
words "the Admiralty", in both
places, together with the last
"or": and in the proviso the
words "the Admiralty or".
In section 97(3) for the words "or by
the authority of the Commissioners
of the Admiralty for the use of any
force under the control of those
commissioners" there, shall be sub-
stituted the words "or for the use
of any naval or marine reserve".
In section 98(1) for the word
"Admiralty" there shall be sub-
stituted the words "Secretary of
State".
In section 99 the words "the
Admiralty, or" shall be omitted.
The Public Health Act 1875 (38 & 39 In section 327 for the words in para-
Vict. c. 55). graph (2) from "Lord High
Admiral" to "War Department"
there shall be substituted the words
"Secretary of State for Defence",
and the words "Lord High Admiral
or Commissioners for executing the
office of Lord High Admiral" shall
be omitted.
The Public Health (Ireland) Act 1878 In section 281 for the words in para-
(41 & 42 Vict. c. 52). graph (2) from "Lord High
Admiral" to "War Department"
there shall be substituted the words
"Secretary of State for Defence",
and the words "Lord High Admiral
or Commissioners for executing the
office of Lord High Admiral" shall
be omitted.
The Cheap Trains Act 1883 (46 & 47 In section 6(1) for the words in para-
Vict. c. 34)....To continue reading
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