Emergency Laws (Transitional Provisions) Act 1946
| Jurisdiction | UK Non-devolved |
| Citation | 1946 c. 26 |
| Year | 1946 |
Emergency Laws (Transitional Provisions) Act, 1946
(9 & 10 Geo. 6.) CHAPTER 26.
An Act to provide for the continuation of certain Defence Regulations during a limited period notwithstanding the expiry of the Emergency Powers (Defence) Acts, 1939 to 1945, and for the extension and amendment of certain enactments the duration or operation of which depends on the duration of the said Acts or of the war; for the permanent enactment of provisions contained in certain Defence Regulations; for establishing the ownership of the Crown of goods requisitioned under emergency powers; for empowering local authorities to remove war works and restore land; for the repeal of certain emergency enactments; and for purposes connected with the matters aforesaid.
[14th February 1946]
B E it enacted by the King'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:—
Part I.
Temporary Continuation of Emergency Laws.
1 Continuation for a limited period of certain Defence Regulations.
(1) The Defence Regulations mentioned in Parts I and II of the First Schedule to this Act shall, notwithstanding the expiry of the Emergency Powers (Defence) Acts, 1939 to 1945, continue in force until the thirty-first day of December, nineteen hundred and forty-seven, and shall then expire, and the said Regulations shall have effect, as from the date on which the said Acts expire, subject to such exceptions, limitations and modifications as are specified in the third column of the said Part I and the second column of the said Part II:
Provided that His Majesty may at any time by Order in Council revoke any such Defence Regulation either in whole or in part.
(2) Where a Defence Regulation is continued in force by this section, subject to an exception, limitation or modification, any order or other instrument made under the Regulation and in force when the Emergency Powers (Defence) Acts, 1939 to 1945, expire, shall continue in force and shall have effect as if it had been made under the Regulation as continued in force by this section.
(3) Subsection (2) of section thirty-eight of the Interpretation Act, 1889 , shall apply upon the expiry of any Defence Regulation continued in force by this section, as if the Regulation were an Act of Parliament and had then been repealed.
(4) Without prejudice to the last foregoing subsection, the saving provisions contained in Part III of the First Schedule to this Act shall have effect upon the expiry of the Defence Regulations therein mentioned.
(5) The references in subsection (1) of this section to the Defence Regulations therein referred to shall be construed as references to those Regulations as in force at the passing of this Act.
2 Extension of Rent of Furnished Houses Control \(Scotland) Act, 1943.
2. In subsection (2) of section ten of the Rent of Furnished Houses Control (Scotland) Act, 1943(which provides that that Act shall continue in force until the expiry of six months from the date when the Emergency Powers (Defence) Act, 1939,ceases to be in force) for the words ‘the expiry of six months from the date when the Emergency Powers (Defence) Act, 1939, ceases to be in force’ there shall be substituted the words ‘the expiry of section two of the Emergency Laws (Transitional Provisions) Act, 1946’.
This section shall continue in force until the thirty-first day of December, nineteen hundred and forty-seven, and shall then expire.
3 Extension of certain emergency enactments relating to agriculture and land drainage.
(1) For the purposes of the Agriculture (Miscellaneous War Provisions) Act, 1940 , the Agriculture (Miscellaneous Provisions) Act, 1941 , and section fourteen of the Agriculture (Miscellaneous Provisions) Act, 1943 , the expressions ‘war period’ and ‘the war period’ shall include the period during which this section is in force after the expiry of the Emergency Powers (Defence) Acts, 1939 to 1945:
Provided that this subsection shall not affect section twenty of the first-named Act.
(2) In the proviso to subsection (1) of section six of the Agriculture (Miscellaneous Provisions) Act, 1943 (which provides that no land shall be acquired for drainage works under that section unless the contract for the acquisition thereof is made, or the notice to treat is served, while the Emergency Powers (Defence) Act, 1939, is in force) after the words ‘the Emergency Powers (Defence) Act, 1939’, there shall be inserted the words ‘or section three of the Emergency Laws (Transitional Provisions) Act, 1946’.
(3) In subsection (2) of section eight of the Land Drainage (Scotland) Act, 1941 (which provides that the powers of the Secretary of State to prepare and settle schemes shall cease on the expiry of the Emergency Powers (Defence) Act, 1939) for the reference to the Emergency Powers (Defence) Act, 1939, there shall be substituted a reference to this section.
(4) This section shall continue in force until the thirty-first day of December, nineteen hundred and forty-seven, and shall then expire.
4 Extension of certain emergency enactments relating to Fire Services.
(1) For the purposes of the Fire Services (Emergency Provisions) Act, 1941 , the expression ‘the period of the present emergency’ shall include the period during which this section is in force after the expiry of the Emergency Powers (Defence) Acts, 1939 to 1945.
(2) If the period of the present emergency, as defined for the purposes of the Personal Injuries (Emergency Provisions) Act, 1939 , comes to an end while this section is in force, the said period shall, as respects war service injuries (as so defined) sustained by members of the National Fire Service, include the period during which this section is in force after the first-mentioned period has come to an end:
Provided that section three of the said Act, except so far as it relates to compensation payable under the Workmen's Compensation Acts, 1925 to 1938, as amended by any subsequent enactment, shall not apply to any such war service injury as aforesaid sustained after the first-mentioned period has come to an end.
(3) This section shall continue in force until the thirty-first day of December, nineteen hundred and forty-seven, and shall then expire.
5 Extension of s. 8 of National Health Insurance, Contributory Pensions and Workmen's Compensation Act, 1941.
(1) Section eight of the National Health Insurance, Contributory Pensions and Workmen's Compensation Act, 1941 (which gives power to adapt Insurance Acts and Pensions Acts to conditions arising by reason of the war) shall have effect as if in subsection (4) of that section (which provides for the continuation of the section so long as the Emergency Powers (Defence) Act, 1939, continues in force) for the reference to the Emergency Powers (Defence) Act, 1939, there were substituted a reference to this section.
(2) This section shall not apply to the said section eight as it extends to Northern Ireland by virtue of the National Health Insurance and Contributory Pensions Act (Northern Ireland) 1941, and the Parliament of Northern Ireland shall have power to provide for continuing in force the said section eight as it extends to Northern Ireland.
(3) This section shall continue in force until the thirty-first day of December, nineteen hundred and forty-seven, and shall then expire.
6 Extension of Sugar Industry Act, 1942.
6. In the definition of ‘war year’ in section nine of the Sugar Industry Act, 1942, after the words ‘the Emergency Powers (Defence) Act, 1939’, there shall be inserted the words ‘or section six of the Emergency Laws (Transitional Provisions) Act, 1946’.
This section shall continue in force until the thirty-first day of December, nineteen hundred and forty-seven, and shall then expire.
7 Extension of Patents and Designs Act, 1942.
7. For the purposes of the subsections (1A) and (1B) inserted by section two of the Patents and Designs Act, 1942, in section twenty-nine of the Patents and Designs Act, 1907(which empower government departments during any war period to make, use, exercise or vend inventions for certain purposes) the expression ‘war period’ shall include the period during which this section is in force after the expiry of the Emergency Powers (Defence) Acts, 1939 to 1945; and, in relation to the exercise of any powers during the period during which this section is in force, the said subsection (1A) shall have effect as if among the purposes specified in that subsection there were included the purposes specified in subsection (1) of section one of the Supplies and Services (Transitional Powers) Act, 1945.
This section shall continue in force until the thirty-first day of December, nineteen hundred and forty-seven and shall then expire.
8 Extension of Restoration of Pre-War Trade Practices Act, 1942.
8. The Restoration of Pre-War Trade Practices Act, 1942,shall have effect as if in the definition of the expression ‘war period’ (which is defined to end with a date appointed by the Minister of Labour and National Service not later than the date of the expiry of the Emergency Powers (Defence) Act, 1939) for the reference to the Emergency Powers (Defence) Act, 1939, there were substituted a reference to this section.
This...
To continue reading
Request your trial