Supplies and Services (Transitional Powers) Act 1945
| Jurisdiction | UK Non-devolved |
| Citation | 1945 c. 10 |
| Year | 1945 |
Supplies and Services (Transitional Powers) Act, 1945
(9 & 10 Geo. 6.) 10.
An Act to provide for the application of certain Defence Regulations for purposes connected with the maintenance control and regulation of supplies and services, for enabling Defence Regulations to be made for the control of prices and charges, for the continuation of Defence Regulations so applied or made during a limited period notwithstanding the expiry of the Emergency Powers (Defence) Acts, 1939 to 1945, and for the amendment of other enactments in consequence of such continuation; to make provision for securing more effective Parliamentary control over Defence Regulations and orders and other instruments made thereunder; to provide for applying during a limited period certain powers of the Minister of Supply for purposes similar to those for which Defence Regulations may be applied and otherwise for amending those powers; and for purposes connected with the matters aforesaid.
[10th December 1945]
Be 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:—
1 Power to extent purposes of certain Defence Regulations.
(1) If it appears to His Majesty to be necessary or expedient that any Defence Regulation to which this section applies should have effect for the purpose of so maintaining controlling and regulating supplies and services as—
(a ) to secure a sufficiency of those essential to the wellbeing of the community or their equitable distribution or their availability at fair prices; or
(b ) to facilitate the demobilisation and resettlement of persons and to secure the orderly disposal of surplus material; or
(c ) to facilitate the readjustment of industry and commerce to the requirements of the community in time of peace; or
(d ) to assist the relief of suffering and the restoration and distribution of essential supplies and services in any part of His Majesty's dominions or in foreign countries that are in grave distress as the result of war;
he may by Order in Council direct that the Regulation shall have effect by virtue of this Act whether or not it is for the time being necessary or expedient for the purposes specified in subsection (1) of section one of the Emergency Powers (Defence) Act, 1939 .
(2) An Order in Council made under this section with respect to any Defence Regulation shall provide for the making in the Regulation of such adaptations, if any, as appear to His Majesty to be necessary or expedient for rendering it applicable for the purposes aforesaid.
(3) Where an Order in Council is made under this section with respect to any Defence Regulation, all orders and other instruments made under the Regulation and in force at the date when the Order in Council comes into operation shall continue in force and shall, save as is otherwise expressly provided in the Order in Council, have effect as if they had been made under the Regulation as extended by the Order in Council and as if any references in those orders and instruments to any of the purposes specified in subsection (1) of section one of the Emergency Powers (Defence) Act, 1939, included references to the purposes specified in subsection (1) of this section.
(4) This section applies to any Defence Regulation contained in Part III or Part IV of the Defence (General) Regulations, 1939, at the date of the passing of this Act and to any Defence Regulation specified in the second column of the First Schedule to this Act, and references in any Order in Council made under this section to any such Regulation shall be construed as references to that Regulation as in force at the date on which the Order comes into operation.
2 Power to make Defence Regulations for controlling prices.
(1) The powers conferred on His Majesty by the principal Acts to make such Defence Regulations as appear to him to be necessary or expedient for the purposes specified in subsection (1) of section one of the Emergency Powers (Defence) Act, 1939, shall include power by Order in Council to make such Defence Regulations as appear to him to be necessary or expedient for controlling the prices to be charged for goods of any description .
(2) Without prejudice to the generality of the power conferred by the last foregoing subsection, any Defence Regulation made in pursuance thereof may amend the Goods and Services (Price Control) Acts, 1939 to 1943.
(3) Any Defence Regulation expressed to be made in pursuance of the said power shall have effect by virtue of this Act.
3 Revocation and variation of Defence Regulations having effect under this Act.
(1) His Majesty, by Order in Council made under this Act, may revoke in whole or in part any Defence Regulation which has effect by virtue of this Act or may vary any such Regulation in such manner as appears to him—
(a ) in the case of a Regulation to which section one of this Act applies, to be necessary or expedient for any of the purposes specified in subsection (1) of that section or, while the principal Acts continue in force, for any of the purposes specified in subsection (1) of section one of the Emergency Powers (Defence) Act, 1939, or
(b ) in the case of a Regulation made in pursuance of the power conferred by the last foregoing section, to be necessary or expedient for the additional purpose specified in subsection (1) of that section.
(2) Subsection (3) of section eight of the Emergency Powers (Defence) Act, 1939 (which relates to the power to revoke or vary Orders in Council made under that Act) shall not apply to any Defence Regulation which has effect by virtue of this Act.
4 Parliamentary control over Defence Regulations and orders and other instruments made thereunder.
(1) Every Order in Council made under the principal Acts (or under those Acts as extended by section two of this Act) which contains Defence Regulations, every order or other instrument made under powers conferred by Defence Regulations which is determined in accordance with regulations made under section three of the Rules Publication Act, 1893 , to be a statutory rule within the meaning of...
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