Ministers of the Crown Act, 1964
| DOI | http://doi.org/10.1111/j.1468-2230.1965.tb01074.x |
| Published date | 01 May 1965 |
| Date | 01 May 1965 |
aaa
THE
YODJZBN
LAW
REVIEW
VOL.
28
Once
an
action
is
brought in the cowty court, the defendant can
make an application under section
2
for
a
suspension of any
order
for possession, and he would
be
well
advised
to
do
so
even where
only
a
short
period
of
suspension
is
required.
This
is because section
2 (5)
provides that
no
order for costs should be made
on
a
suspension
under section
2
except where there are special reasons for making
an
order. Thus where a tenant wants, say,
six
weeks
to
find
alternative
accommodation, although such
a
period
is
in the
court’s
inherent
jurisdiction
it
would
be
wise
to
make an application under section
2.
The total period
of
suspension whether
on
application made in the
action or subsequently must not exceed twelve months from the
date of the order. Thus the orders can be made to last beyond
the twilight period and into the
era
of
any new Rent Act which may
be passed in
1965.
The timing is intended to allow for new perma-
nent legislation in
1965
and the Protection from Eviction Act itself
lapses at the end
of
the year.
It
may
be
that the very shortness
of
its proposed duration
will
prevent the major weaknesses in this
Act being exploited. By the time
a
protective body of case
law
can
be
established, there will be
a
new
Rent Act or
a
new government,
and the scope
of
this Act
will
have ceased to be relevant.
BENJAMIN LEVY.
MINISTERS
OF
THE
CROWN
ACT,
1964
THE
formal appointment
of
a
government Minister
is
effected under
a
prerogative power of the
Crown,
but legislation by Parliament
is
usually also involved in at least
four
respects.
First,
when
a
new
offlce is created
an
Act is
required
for
such purposes
as
to
make
its
holder
a
corporation sole, and
to
empower
him
to appoint staff
payable out of
sums
voted by Parliament. Usually, such Acts are
passed individually when occasion for them
arises.
Among the
contents of the Ministers of the
Crown
Act,
1964
(which spent most
of
its somewhat tempestuous career through Parliament under the
name of the Machinery of Government Bill), are provisions in the
usual
form
dealing with the new Ministries
of
Land and Natural
Resources, Overseas Development, and Technology.’
Secondly, Parliament must authonse the payment
of
a
Minister’s
salary. The controlling statute
on
this
subject
is
the Ministers
of
the
Crown Act,
1987
(as amended from time
to
time
a),
under which
a
number
of
sums are made payable by the
1964
Act.4
An
innovation
relates to the salaries of Ministers
of
State.
A
maximum of
€5,000
a
year
is set, but the
Prime
Minister
is
authorised
to
determine the
1
1964,
c.
98.
2
6.
1
and
SChd
1.
8
Usually
the amendmente
increaee
the
eslariee.
A
Bill
having that
effect
wan
before Parliament at the time
of
writing
(the
Minieterial Salaries
and
Members
Peneione
Bill).
4
By
6.
9
(1).
To continue reading
Request your trial