Defence (Transfer of Functions) (No. 1) Order 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(2) The enactments mentioned in Part II of the First Schedule to this Order shall be repealed to the extent specified in the third column of the Schedule.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)....
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