Reserve Forces Act 1980

Other provisions as to orders, schemes and regulations

153 Provisions as to Statutory Instruments Act 1946 c. 36

For the purposes of the Statutory Instruments Act 1946 the provisions of this Act—

(a) relating to the Army Reserve, in sections 4, 18, 19 and 23, in Part IV and in paragraphs 16 and 17 of Schedule 8.

(b) relating to the Air Force Reserve, in sections 8, 20, 21 and 23, in Part IV and in paragraphs 16 and 17 of Schedule 8,

(c) relating to the Territorial Army and the Royal Auxiliary Air Force, as the case may be, in sections 5, 9, 22, 40 to 43, in Part V, in section 152(1), and in paragraph 18 of Schedule 8,

(d) relating to territorial, auxiliary and volunteer reserve associations, in sections 121 to 129,

shall be deemed to be provisions of an Act passed before the commencement of that Act of 1946, and any reference in regulations under section 8(1) of that [1946 c. 36.] Act of 1946 to—

(i) any provision of the [45 & 46. Vict. c. 48.] Reserve Forces Act 1882,

(ii) any provision of that Act of 1882 as applied to the Air Force Reserve by the [SRO 1924/1213.] Air Force Reserve Order 1924,

(iii) any provision of the [7 Edw. 7 c. 9.] Territorial and Reserve Forces Act 1907,

shall, without prejudice to any power to vary the regulations under that Act of 1946, be construed as a reference to the corresponding provision of this Act.

154 Additional provisions as to Orders in Council and schemes

(1) In relation to any Order in Council under section 40 above, or paragraph (a) of section 42 above, or paragraph 18(4)(a) of Schedule 8 to this Act—

(a) before any such Order is made the draft of the Order shall be laid before each House of Parliament for a period of not less than 40 days during the session of Parliament, and

(b) if either of those Houses before the expiry of those 40 days presents an address to Her Majesty against the draft Order or any part of it, no further proceedings shall be taken in respect of the Order, without prejudice to the laying of a new draft Order. (2) In relation to any scheme under section 122(1) above or any Order in Council under section 152(1) above—

(a) every such scheme or Order in Council shall be laid before Parliament within 40 days after it is made, or, if Parliament is not then sitting, within 40 days after the beginning of the next session of Parliament, and

(b) if an address is presented to Her Majesty by either House of Parliament within the next following 40 days, praying that any such scheme or Order may be annulled, Her Majesty may thereupon by Order in Council annul it, and the scheme or Order so annulled shall thenceforth become void and of no effect, but without prejudice to the validity of any proceedings which may in the meantime have been taken under it.

155 Amendment of subordinate legislation

Section 14 of the [1978 c. 30.] Interpretation Act 1978 applies to this Act as if in paragraph (b) of that section there were no requirement that Orders in Council, orders or other subordinate legislation should be made by statutory instrument.