UNITED KINGDOM STATUTORY INSTRUMENT
1949 No. 2393
STATUTORY ORDERS (SPECIAL PROCEDURE)
The Statutory Orders (Special Procedure) (Substitution) Order 1949
Made 21th December 1949
Coming into Operation 1st January 1950
At the Court at Buckingham Palace, the 21st day of December, 1949
Present,
The King's Most Excellent Majesty in Council
Whereas it is provided by , that if at any time after the commencement of the said Act an address is presented to His Majesty by both Houses of Parliament praying that the provisions of the said Act be applied to orders thereafter to be made under any enactment passed before the commencement of the said Act, in substitution for the provisions of any such enactment providing that such orders shall be provisional only and shall not have effect until confirmed by Parliament, His Majesty may by Order in Council make provision for that purpose; and that any such Order in Council may adapt or modify any enactment to such extent as may be expedient in consequence of the Order:
And Whereas an address has been presented to His Majesty by both Houses of Parliament praying that the provisions of the Act of 1945 be so applied as aforesaid to orders thereafter to be made under the enactments mentioned in Article 2 of this Order:
Now, therefore, His Majesty is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:—
S-1
This Order may be cited as the Statutory Orders (Special...
1.—(1) This Order may be cited as the Statutory Orders (Special Procedure) (Substitution) Order, 1949, and shall come into operation on the first day of January, 1950.
(2) The Interpretation Act, 1889, shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.
S-2
The provisions of the Act of 1945 shall apply to any order made...
2. The provisions of the Act of 1945 shall apply to any order made after the coming into operation of this Order under any of the enactments specified in the third column of the First Schedule hereto (which relate respectively to the matters specified in the fourth column of that Schedule), being an order which, if this Order had not been made, would have been provisional only and would not have had effect until confirmed by Parliament.
S-3
The enactments specified in the Second Schedule hereto shall,...
3. The enactments specified in the Second Schedule hereto shall, in relation to any order made after the coming into operation of this Order under any of the enactments mentioned in Article 2 of this Order, have effect subject to the modifications set out in the second column of that Schedule.
E.C.E. Leadbitter
FIRST SCHEDULE
ENACTMENTS IN PUBLIC GENERAL ACTS CONFERRING POWER TO MAKE ORDERS IN THE CASE OF WHICH SPECIAL PARLIAMENTARY PROCEDURE IS SUBSTITUTED BY THIS ORDER FOR PROVISIONAL ORDER PROCEDURE
Session and Chapter |
Short Title of Statute |
Sections and Subsections of Statute |
Subject matter |
24 &25 Vict. c. 45, and 1 Edw. 8 &1 Geo. 6. c. 28. |
The General Pier and Harbour Act, 1861, as modified by the Harbours, Piers and Ferries (Scotland) Act, 1937. |
Section 15 of the Act of 1861 as modified by sections 4 and 5(1) of the Act of 1937. |
Construction of marine works. |
31 &32 Vict. c. 45. |
The Sea Fisheries Act, 1868. |
Sections 29 and 39. |
Oyster and mussel fisheries. |
38 &39 Vict. c. 55. |
The Public Health Act, 1875. |
Paragraph (5) of section 297, and section 303. |
Repeal and amendment of local Act, etc. |
5 Edw. 7. c. 23, and 14 &15 Geo. 5. c. 20. |
The Marriages Validity (Provisional Orders) Acts, 1905 and 1924. |
Section 1 of the Act of 1905, as extended by section 1 of the Act of 1924. |
Validation of marriages. |
13 &14 Geo. 5. c. 16. |
The Salmon and Freshwater Fisheries Act, 1923. |
Section 16 (3) and (4).
Section 37
Section 55 (2)
|
Compulsory purchase or hiring by fishery boards.
Regulation of fisheries.
Pollution of waters.
|
15 Geo. 5. c. 15, 20 &21 Geo. 5. c. 40, and 25 &26 Geo. 5. c. 41. |
The Housing (Scotland) Acts, 1925, 1930 and 1935. |
Section 10 (1) of the Act of 1930 and section 15 (1) of the Act of 1935 as read with section 86 of the Act of 1925. |
Compulsory purchase orders relating to commons, open spaces and allotments. |
20 &21 Geo. 5. c. 44. |
The Land Drainage Act, 1930. |
Section 2 (2)
Section 4(3)
Section 8 (3)
Section 11
Section 17 (1) and (2).
Section 41 (1)
|
Catchment areas.
Schemes for Catchment Boards.
Variation of awards.
Transfer of functions to Catchment Boards.
Drainage districts and drainage boards.
Variation of navigation rights.
|
23 &24 Geo. 5. c. 51. |
The Local Government Act, 1933. |
Section 112 (1)
Section 270 (1)
Paragraph (e) of subsection (1) of section 285
Section 293 (2)
|
Union of districts for appointment of medical officers of health.
Transfers of functions to county or county borough councils.
Repeal and amendment of Acts confirming provisional orders.
Application of provisions of Act to joint boards and joint committees.
|
26 Geo. 5 &1 Edw. 8 c. 49. |
The Public Health Act, 1936. |
Section 2 (2)
Section 6 (1)
Section 9 (2)
Section 109 (2)
Section 314
|
Constitution of port health districts.
Union of districts.
Amendment and revocation of orders as to port health districts, union of districts and joint boards.
Exemption of industrial processes from provisions as to nuisances.
Amendment of orders relating to port health authorities and joint boards.
|
26 Geo. 5 &1 Edw. 8. c. 51. |
The Housing Act, 1936 |
Sections 29 (1), 36 (1) and 38 (2) as modified by section 143. |
Compulsory purchase orders relating to commons, open spaces and allotments. |
2 &3 Geo. 6. c. 40. |
The London Government Act, 1939. |
Sections 165 (1) and 166 (1) and (3).
Section 188 (1)(e).
|
Transfers of functions between public authorities.
Repeal and amendment of Acts confirming provisional orders.
|
SECOND SCHEDULE
MODIFICATION OF ENACTMENTS
Enactment |
Modification |
THE SEA FISHERIES ACT, 1868 (31 &32 Vict. c. 45) AS AMENDED BY THE SEA FISH INDUSTRY ACT, 1938 (1 &2 Geo. 6. c. 30) |
Section 37 |
In subsection (1), for the words
, and in subsection (2), for the words
, there shall be substituted the words
.
|
Section 38 |
This section shall not apply. |
Section 39 |
After the word there shall be inserted the words .
After section thirty-nine there shall be inserted the following section:—
“
39A.—(1) Any inquiry required under this Part of this Act in connection with an order affecting Scotland only shall, if the Secretary of State so directs, be held by Commissioners under the Private Legislation Procedure (Scotland) Act, 1936; and any direction so given shall be deemed to have been given under section two, as read with section ten, of the Statutory Orders (Special Procedure) Act, 1945.
(2) Where any such directions are given, sections thirty-two, thirty-three, thirty-four and thirty-six of this Act shall not apply.
(3) The provisions of the Statutory Orders (Special Procedure) Act, 1945, with regard to the publication of notices in the Edinburgh Gazette and in a newspaper shall, notwithstanding anything in that Act contained, not apply to any order under this Act which is subject to special parliamentary procedure. ”
|
THE PUBLIC HEALTH ACT, 1875 (38 &39 Vict. c. 55) |
Section 297 |
The word , where it first occurs, shall be omitted, and for the words , where those words first occur, there shall be substituted the words .
In paragraph (1), the word , in both places where it occurs, shall be omitted, and for the words there shall be substituted the words .
In paragraph (2), the word shall be omitted.
For paragraph (3) there shall be substituted the following paragraph:—
“
3 Any such order shall be subject to special parliamentary procedure ”
Paragraph (4) shall not apply.
In paragraph (5), the word , where it first occurs, shall be omitted; after the words , where those words secondly occur, there shall be inserted the words ; and for the words from to the end of the paragraph there shall be substituted the words .
For paragraph (6) there shall be substituted the following paragraph:—
“
6 The Minister of Health may revoke, either wholly or partially, any order made by him under the said section three hundred and three or under the last foregoing paragraph at any time before the order has been laid before Parliament ”
In paragraph (7), for the words from the beginning of the paragraph to the word , where that word first occurs, there shall be substituted the words , and the word , in the second place where it occurs, shall be omitted.
Paragraph (8) shall not apply.
|
Section 298 |
This section shall not apply. |
Section 303 |
The word
, wherever it occurs, shall be omitted.
|
THE PROVISIONAL ORDER (MARRIAGES) ACT, 1905 (5 Edw. 7. c. 23) |
Section 1 |
In subsection (1), for the words there shall be...
|
