Emergency Laws (Repeal) Act 1959
| Jurisdiction | UK Non-devolved |
| Citation | 1959 c. 19 |
Emergency Laws (Repeal) Act, 1959
(7 & 8 Eliz. 2) CHAPTER 19
An Act to repeal certain emergency laws and, in particular, the enactments providing for the continuation of Defence Regulations; to continue in force for a limited period and with modifications certain Defence Regulations and other emergency provisions; to give permanent effect to an emergency provision; and for purposes connected with the matters aforesaid.
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 Repeal of enactments authorising continuation of Defence Regulations, etc.
1. The following enactments are hereby repealed, that is to say—
being the enactments by virtue of which the said Act of 1945, certain provisions of the Emergency Powers (Defence) Act, 1939, and Defence Regulations made under those Acts have continued in force; and accordingly the said Act of 1939 and, subject to the provisions of this Act, the said Act of 1945 and, the Regulations aforesaid shall cease to have effect.
2 Temporary continuation of certain Defence Regulations with modifications.
(1) Notwithstanding anything in the foregoing section, but subject to the provisions of this section, the following Defence Regulations as they had effect immediately before the commencement of this Act, that is to say—
(a ) in Part IV of the Defence (General) Regulations, 1939, Regulation 55 (general control of industry), Regulation 55aa (keeping of books, making of returns, entry and inspection) and Regulation 55ab (price control of goods and services);
(b ) in the Defence (Finance) Regulations, 1939, Regulation 2a (power of Treasury to prohibit action on certain orders as to gold, etc.) and, so far as applicable to that Regulation, Regulations 9, 10 and 11 (which contain general and supplementary provisions);
(c ) so far as applicable to any of the aforesaid Regulations, Part V of the Defence (General) Regulations, 1939 (which contains general and supplementary provisions), except paragraph (2) of Regulation 102a (which relates to instruments made in the exercise of certain powers by the Government of Northern Ireland); and
(d ) the Defence (Armed Forces) Regulations, 1939,
shall continue in force so long as this section remains in force:
Provided that Her Majesty may at any time by Order in Council revoke in whole or in part any of the aforesaid Regulations.
(2) Those of the Regulations aforesaid specified in the First Schedule to this Act shall have effect by virtue of this section subject to the amendments respectively specified in relation thereto in that Schedule; and notwithstanding any order in Council in force immediately before the commencement of this Act under section three of the Supplies and Services (Transitional Powers) Act, 1945—
(a ) the powers conferred by paragraph (1) of the said Regulation 55 shall not be exercisable except for the purposes of such an order as is authorised by that paragraph as amended by paragraph 1 of the said First Schedule, but shall be exercisable for the purposes of any such order;
(b ) the powers conferred by the said Regulation 55aa shall not be exercisable except in relation to such an undertaking or class or description of undertakings as is specified in the amendment made by sub-paragraph (b ) of paragraph 6 of the said First Schedule, but shall be exercisable in relation to any such undertaking; and
(c ) the powers conferred by paragraph (1) of the said Regulation 55ab shall not be exercisable except in relation to such goods as are specified in the amendment made by paragraph 9 of the said First Schedule, but shall be exercisable in relation to any such goods.
(3) The Regulations referred to in subsection (1) of this section shall be in force by virtue of this section in the form set out in the Second Schedule to this Act, being a form reproducing those Regulations as they have effect by virtue of the two foregoing subsections.
(4) Nothing in subsection (2) of this section shall affect the validity of any order under any of the aforesaid Regulations 55, 55aa and 55ab in force immediately before the commencement of this Act; but nothing in Regulation 98 of the Defence (General) Regulations, 1939, shall authorise the variation, otherwise than by revocation in whole or in part, of any provision of any such order which could not be included in an order made under the Regulation in question after the commencement of this Act.
(5) The following, and the following only, of the directions given before the commencement of this Act under the aforesaid Regulation 2a shall continue in force after the commencement of this Act, that is to say—
(a ) so far only as it relates to Treasury bills, the direction given by Statutory Rule and Order No. 1355 of 1947;
(b ) the direction given by Statutory Instrument No. 862 of 1950; and
(c ) the Control of Foreign Currency Securities Directions, 1957;
and the said directions so continuing in force shall have effect in like manner as if they had been given under the said Regulation 2a as amended by subsection (2) of this section.
(6) Any order under any of the aforesaid Regulations 55, 55aa and 55ab and any general direction under the aforesaid Regulation 2a , being an order made or general direction given after the commencement of this Act, shall be made or given by statutory instrument and—
(a ) in the case of an order under the aforesaid Regulation 55 made wholly or partly by virtue of sub-paragraph (d ) of paragraph (1) of that Regulation as amended by paragraph 1 of the First Schedule to this Act, shall not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament;
(b ) in any other case shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(7) The Third Schedule to this Act, which reproduces with modifications the effect of the following provisions of the Emergency Powers (Defence) Act, 1939, so far as applicable to any Regulation or order having effect by virtue of this section, that is to say, subsection (4) of section one, section three and section seven, shall have effect for the purposes of any such Regulation or order for the time being in force.
(8) Without prejudice to Regulation 99b of the Defence (General) Regulations, 1939 (which provides that for the purposes of section thirty-eight of the Interpretation Act, 1889, which relates to the effect of the repeal by one Act of another Act, any Defence Regulation or order made thereunder shall be deemed to be an Act of Parliament), any Defence Regulation or order thereunder which, without having been expressly revoked, ceases to have effect by virtue of this Act, or which is revoked under the proviso to subsection (1) of this section, shall be deemed for the purposes of the said section thirty-eight to have been repealed by an Act of Parliament.
3 Temporary continuation with modifications of certain emergency powers of Minister of Supply.
(1) Notwithstanding anything in section one of this Act, section six of the Supplies and Services (Transitional Powers) Act, 1945 (which relates to the powers of the Minister of Supply) shall, subject to the modifications hereinafter specified, continue in force so long as this section remains in force; and accordingly in each of subsections (2), (3) and (4) of the said section six for the words ‘so long as this Act continues in force’ there shall be substituted the words ‘so long as section three of the Emergency Laws (Repeal) Act, 1959, continues in force’.
(2) In subsection (1) of the said section six (by virtue of which the powers conferred on the Minister of Supply by the Ministry of Supply Act, 1939, with respect to the acquisition, production or disposal of articles required for the public service are extended by the inclusion in the definition of such articles of any supplies which that Minister is satisfied that it is necessary or expedient to maintain, control or regulate for any of certain specified general purposes) for the words from ‘any supplies’ to ‘this Act’ there shall be substituted the words—
‘(a ) articles required for the defence of any part of the Commonwealth, including any territory under Her Majesty's protection or in which she has jurisdiction, or for the maintenance or restoration of peace and security in any part of the world, or for any measures arising out of a breach or apprehended breach of peace in any part of the world;
(b ) experimental or research work in connection with any such articles as are referred to in the foregoing paragraph;
(c ) surplus material of any government department or of the United Kingdom Atomic Energy Authority;
(d ) surplus material of the government of any country outside the United Kingdom, being material which is to be disposed of by Her Majesty's Government in the United Kingdom in pursuance of an agreement between those governments;
(e ) any other article, and any other experimental or research work, in a case where the following conditions are satisfied, that is to say—
(i) that the Minister is requested by...
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