Defence (Transfer of Functions) (No. 1) Order 1964

STATUTORY INSTRUMENTS

1964 No. 488

MINISTERS OF THE CROWN

26thMarch 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(2) The enactments mentioned in Part II of the First Schedule to this Order shall be repealed to the extent specified in the third column of the Schedule.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).