Prison Commissioners Dissolution Order 1963

JurisdictionUK Non-devolved
CitationSI 1963/597

1963 No. 597

PRISONS

ENGLAND AND WALES

The Prison Commissioners Dissolution Order 1963

26thMarch 1963

1stApril 1963

At the Court of Saint James, the 26th day of March 1963

Present,

Her Majesty Queen Elizabeth The Queen Mother

His Royal Highness The Duke of Gloucester

Lord President Mr. Boyd-Carpenter

Chancellor of the Duchy of Lancaster Mr. Deedes

Whereas Her Majesty, in pursuance of the Regency Acts 1937 to 1953, was pleased, by Letters Patent dated the twenty-second day of January, 1963, to delegate to the following Counsellors of State (subject to the exceptions hereinafter mentioned) or any two or more of them, that is to say, His Royal Highness The Prince Philip, Duke of Edinburgh, Her Majesty Queen Elizabeth The Queen Mother, Her Royal Highness The Princess Margaret, Countess of Snowdon, His Royal Highness The Duke of Gloucester, His Royal Highness Prince William of Gloucester and His Royal Highness The Duke of Kent, full power and authority during the period of Her Majesty's absence from the United Kingdom to summon and hold on Her Majesty's behalf Her Privy Council and to signify thereat Her Majesty's approval for anything for which Her Majesty's approval in Council is required:

And whereas Her Majesty was further pleased to except from the number of the said Counsellors of State His Royal Highness The Prince Philip, Duke of Edinburgh, Her Royal Highness The Princess Margaret, Countess of Snowdon, His Royal Highness The Duke of Gloucester, His Royal Highness Prince William of Gloucester and His Royal Highness The Duke of Kent while absent from the United Kingdom:

And whereas a draft of this Order has been laid before Parliament and has been approved by resolution of each House of Parliament:

Now, therefore, Her Majesty Queen Elizabeth The Queen Mother and His Royal Highness The Duke of Gloucester, being authorized thereto by the said Letters Patent, and in pursuance of section 24 of the Criminal Justice Act 1961(a), do hereby, by and with the advice of Her Majesty's Privy Council, on Her Majesty's behalf order, and it is hereby ordered, as follows:—

Citation, interpretation and commencement

1.—(1) This Order may be cited as the Prison Commissioners Dissolution Order 1963.

(2) The Interpretation Act 1889(b) applies for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.

(3) In this Order the expression "instrument" includes, without prejudice to the generality of that expression, any instrument made under or by virtue of an Act of Parliament.

(a) 9 & 10 Eliz. 2. c. 39.

(b) 52 & 53 Vict. c. 63.

(4) Any reference in this Order to an enactment is a reference thereto as amended, and includes a reference thereto as extended or applied, by or under any other enactment.

(5) This Order shall come into operation on the 1st April 1963.

Transfer of functions and dissolution of Commissioners

2.—(1) There are hereby transferred to the Secretary of State all powers, jurisdiction and other functions of the Prison Commissioners in respect of all institutions within their superintendence, and all property, rights, liabilities and obligations of those Commissioners.

(2) The persons, who, immediately before the coming into operation of this Order, were Prison Commissioners, or officers or servants of those Commissioners, shall by virtue of this Order be transferred to the Home Department.

(3) The body corporate consisting of the Prison Commissioners is hereby dissolved.

Consequential amendments of enactments and rules

3.—(1) The annual reports required by section 5 of the Prison Act 1952(a) to be made to the Secretary of State shall be made and issued by the Secretary of State and laid before Parliament under that section accordingly.

(2) The said Act shall have effect subject to the adaptations set out in Schedule 1 to this Order, and the other enactments mentioned in Schedule 2 to this Order shall have effect subject to the adaptations set out in that Schedule, being in each case adaptations consequential on the provisions of this Order.

(3) In any rules in force at the coming into operation of this Order, being rules made or having effect as if made under section 47 of the Prison Act 1952,—

(a) any reference to the Commissioners shall be construed as a reference to the Secretary of State; and

(b) any reference to a Commissioner or to...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT