Emergency Laws (Repeal) Act 1959

1Repeal of enactments authorising continuation of Defence Regulations, etc.

The following enactments are hereby repealed, that is to say—

(a)the proviso to subsection (1) of section eight of the Supplies and Services (Transitional Powers) Act, 1945 ; and

(b)section seven of the Emergency Laws (Miscellaneous Provisions) Act, 1947,

being the enactments by virtue of which the said Act of 1945, certain provisions of the Emergency Powers (Defence) Act, 1939, and Defence Regulations made under those Acts have continued in force; and accordingly the said Act of 1939 and, subject to the provisions of this Act, the said Act of 1945 and the Regulations aforesaid shall cease to have effect.

2Temporary continuation of certain Defence Regulations with modifications

(1)Notwithstanding anything in the foregoing section, but subject to the provisions of this section, the following Defence Regulations as they had effect immediately before the commencement of this Act, that is to say—

(a)in Part IV of the Defence (General) Regulations, 1939, Regulation 55 (general control of industry), Regulation 55aa (keeping of books, making of returns, entry and inspection) and Regulation 55ab (price control of goods and services);

(b)in the Defence (Finance) Regulations, 1939, Regulation 2a (power of Treasury to prohibit action on certain orders as to gold, etc.) and, so far as applicable to that Regulation, Regulations 9, 10 and 11 (which contain general and supplementary provisions) ;

(c)so far as applicable to any of the aforesaid Regulations, Part V of the Defence (General) Regulations, 1939 (which contains general and supplementary provisions), except paragraph (2) of Regulation 102a (which relates to instruments made in the exercise of certain powers by the Government of Northern Ireland); and

(d)the Defence (Armed Forces) Regulations, 1939, shall continue in force so long as this section remains in force:

Provided that Her Majesty may at any time by Order in Council revoke in whole or in part any of the aforesaid Regulations.

(2)Those of the Regulations aforesaid specified in the First Schedule to this Act shall have effect by virtue of this section subject to the amendments respectively specified in relation thereto in that Schedule; and notwithstanding any Order in Council in force immediately before the commencement of this Act under section three of the Supplies and Services (Transitional Powers) Act, 1945—

(a)the powers conferred by paragraph (1) of the said Regulation 55 shall not be exercisable except for the purposes of such an order as is authorised by that paragraph as amended by paragraph 1 of the said First Schedule, but shall be exercisable for the purposes of any such order ;

(b)the powers conferred by the said Regulation 55aa shall not be exercisable except in relation to such an undertaking or class or description of undertakings as is specified in the amendment made by sub-paragraph (b) of paragraph 6 of the said First Schedule, but shall be exercisable in relation to any such undertaking ; and

(c)the powers conferred by paragraph (1) of the said Regulation 55ab shall not be exercisable except in relation to such goods as are specified in the amendment made by paragraph 9 of the said First Schedule, but shall be exercisable in relation to any such goods.

(3)The Regulations referred to in subsection (1) of this section shall be in force by virtue of this section in the form set out in the Second Schedule to this Act, being a form reproducing those Regulations as they have effect by virtue of the two foregoing subsections.

(4)Nothing in subsection (2) of this section shall affect the validity of any order under any of the aforesaid Regulations 55, 55aa and 55ab in force immediately before the commencement of this Act; but nothing in Regulation 98 of the Defence (General) Regulations, 1939, shall authorise the variation, otherwise than by revocation in whole or in part, of any provision of any such order which could not be included in an order made under the Regulation in question after the commencement of this Act.

(5)The following, and the following only, of the directions given before the commencement of this Act under the aforesaid Regulation 2a shall continue in force after the commencement of this Act, that is to say—

(a)so far only as it relates to Treasury bills, the direction given by Statutory Rule and Order No. 1355 of 1947 ;

(b)the direction given by Statutory Instrument No. 862 of 1950; and

(c)the Control of Foreign Currency Securities Directions, 1957;

and the said directions so continuing in force shall have effect in like manner as if they had been given under the said Regulation 2a as amended by subsection (2) of this section.

(6)Any order under any of the aforesaid Regulations 55, 55aa and 55ab and any general direction under the aforesaid Regulation 2a, being an order made or general direction given after the commencement of this Act, shall be made or given by statutory instrument and—

(a)in the case of an order under the aforesaid Regulation 55 made wholly or partly by virtue of sub-paragraph (d) of paragraph (1) of that Regulation as amended by paragraph 1 of the First Schedule to this Act, shall not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament;

(b)in any other case shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)The Third Schedule to this Act, which reproduces with modifications the effect of the following provisions of the Emergency Powers (Defence) Act, 1939, so far as applicable to any Regulation or order having effect by virtue of this section, that is to say, subsection (4) of section one, section three and section seven, shall have effect for the purposes of any such Regulation or order for the time being in force.

(8)Without prejudice to Regulation 99b of the Defence (General) Regulations, 1939 (which provides that for the purposes of section thirty-eight of the Interpretation Act, 1889, which relates to the effect of the repeal by one Act of another Act, any Defence Regulation or order made thereunder shall be deemed to be an Act of Parliament), any Defence Regulation or order thereunder which, without having been expressly revoked, ceases to have effect by virtue of this Act, or which is revoked under the proviso to subsection (1) of this section, shall be deemed for the purposes of the said section thirty-eight to have been repealed by an Act of Parliament.

3Temporary continuation with modifications of certain emergency powers of Minister of Supply

(1)Notwithstanding anything in section one of this Act, section six of the Supplies and Services (Transitional Powers) Act, 1945 (which relates to the powers of the Minister of Supply) shall, subject to the modifications hereinafter specified, continue in force so long as this section remains in force; and accordingly in each of subsections (2), (3) and (4) of the said section six for the words " so long as this Act continues in force " there shall be substituted the words

so long as section three of the Emergency Laws (Repeal) Act, 1959, continues in force.

(2)In subsection (1) of the said section six (by virtue of which the powers conferred on the Minister of Supply by the Ministry of Supply Act, 1939, with respect to the acquisition, production or disposal of articles required for the public service are extended by the inclusion in the definition of such articles of any supplies which that Minister is satisfied that it is necessary or expedient to maintain, control or regulate for any of certain specified general purposes) for the words from " any supplies" to " this Act" there shall be substituted the words—

(a)articles required for the defence of any part of the Commonwealth, including any territory under Her Majesty's protection or in which she has jurisdiction, or for the maintenance or restoration of peace and security in any part of the world, or for any measures arising out of a breach or apprehended breach of peace in any part of the world ;

(b)experimental or research work in connection with any such articles as are referred to in the foregoing paragraph;

(c)surplus material of any government department or of the United Kingdom Atomic Energy Authority;

(d)surplus material of the government of any country outside the United Kingdom, being material which is to be disposed of by Her Majesty's Government in the United Kingdom in pursuance of an agreement between those governments;

(e)any other article, and any other experimental or research work, in a case where the following conditions are satisfied, that is to say—

(i)that the Minister is requested by the person carrying on an undertaking which includes the production of articles of that or any other description to supply that article to that person for the purposes of his undertaking or, as the case may be, is requested by some person or body to carry out that experimental or research work on behalf of that person or body; and

(ii)that the Minister can supply that article or carry out that work without expanding the capacity of the establishments for the time being under his control; and

(iii)that in the opinion of the Minister the supply of that article or the carrying out of that work by him will serve the interests of the community;

(f)jute, jute bags, jute cloth and jute yarn.

(3)Paragraph (f) of subsection (1) of the said section six as amended by the last foregoing subsection shall have effect subject to the provisions by virtue of which functions with respect to the articles mentioned in that paragraph have been transferred to the Board of Trade, being provisions contained in Orders in Council made before the commencement of this Act under the Ministers of the Crown (Transfer of Functions) Act, 1946; but save as aforesaid no such Order in Council shall apply to any functions conferred on the Minister of Supply by the said subsection (1) as amended by the last foregoing subsection.

(4)In subsection (4) of the said section six (which provides for the continuance in force of sections seven to thirteen of the Ministry of Supply Act, 1939), for the words " the provisions of sections seven to thirteen thereof " there shall be substituted the words

section ten of that Act, except paragraph (b) of subsection (3) thereof.

4Modification of emergency provisions with respect to transfer of ships

(1)The Ships and Aircraft (Transfer Restriction) Act, 1939, shall expire at the expiration of the thirty-first day of December, nineteen hundred and sixty-four, except as respects things previously done or omitted to be done; and accordingly subsection (2) of section thirteen of that Act is hereby repealed.

(2)After the passing of this Act, the Minister of Transport and Civil Aviation shall not withhold—

(a)his sanction under section one of the said Act of 1939 to any transfer or mortgage, or

(b)his approval under section two of that Act of the transfer of the (registry of any ship,

except where it appears to him expedient so to do in the interests of national defence, having regard in particular to any agreement or arrangement concluded in respect of defence matters, or any consultations held in respect of such matters, between Her Majesty's Government in the United Kingdom and the government of any country outside the United Kingdom.

(3)The said Minister may give his sanction under the said section one to any transfer or mortgage notwithstanding that the transfer or mortgage has already been effected, and thereupon that transfer or mortgage shall be deemed for the purposes of the said section one to have been effected under the sanction of that Minister:

Provided that the giving under this subsection of sanction to any mortgage or transfer shall not affect any penalty or forfeiture by virtue of the said Act of 1939 imposed in connection with that transfer or mortgage before the giving of that sanction.

(4)Any sanction or approval under the said Act of 1939 may be expressed to be, and if so expressed shall be, irrevocable, either unconditionally or subject to compliance with any terms or conditions attached thereto, for a specified period.

(5)For section five of the said Act of 1939 (which relates to offences by corporations) there shall be substituted the following section—

5Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. In this section, the expression ' director ', in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.

5Temporary saving for certain Defence Regulations

Nothing in this Act shall cause the following Regulations to cease to have effect before the tenth day of December, nineteen hundred and fifty-nine, that is to say, in the Defence (General) Regulations, 1939, as they had effect immediately before the commencement of this Act—

(a)Regulation 59 (which provides for exemptions from Acts relating to factories); and

(b)so far as applicable to the said Regulation 59, Part V.

6Emergency provision to have permanent effect

In the Government and other Stocks (Emergency Provisions) Act, 1939, section one (which makes provision for rendering inscribed stock transferable by instrument in writing) shall have permanent effect and section two (which relates to the time for the payment of coupons) shall cease to have effect.

7Expenses

Any expenses incurred by any government department which are attributable to the provisions of this Act shall be defrayed out of moneys provided by Parliament.

8Northern Ireland

(1)Nothing in this Act shall restrict the powers of the Parliament of Northern Ireland to make laws with respect to any matter with respect to which that Parliament has power to make laws, and any laws made by that Parliament with respect to any such matters shall have effect notwithstanding anything in any Defence Regulation having effect by virtue of section two of this Act and applicable to Northern Ireland, or in any order or other instrument made under such a Regulation.

(2)Where a power to make orders under any such Defence Regulation as aforesaid has been delegated in pursuance of paragraph (1) of Regulation 102a of the Defence (General) Regulations, 1939, to an authority in Northern Ireland, any order made in pursuance of that power, and any order made by virtue of that paragraph by the Governor of Northern Ireland, shall be made by statutory instrument, and the Statutory Instruments Act, 1946, shall apply in like manner as if the order toad been made by the Secretary of State; and, in relation to any such delegation, the expression " government department" in section seven of this Act shall be construed as including a department of the Government of Northern Ireland.

9Channel Islands and Isle of Man. 10. Short title, duration and repeals

(1)The following provisions, that is to say—

(a)the Defence (Finance) Regulations, 1939, in the form set out in Part B of the Second Schedule to this Act;

(b)the directions given under Regulation 2A of those Regulations which are specified in paragraphs (a) to (c) of subsection (5) of section two of this Act; and

(c)so far as applicable to the said Regulations, and subject to such adaptations, if any, as Her Majesty may by Order in Council specify, Part V of the Defence (General) Regulations, 1939, in the form set out in Part A of the said Second Schedule,

so long and so far as they continue in force in the United Kingdom, shall extend to the Channel Islands and the Isle of Man as if those islands were part of the United Kingdom.

(2)Where, by virtue of any of the enactments repealed by this Act, there are in force in any of the Channel Islands or in the Isle of Man at the date immediately before the commencement of this Act any regulations (hereinafter referred to as " local regulations ") which correspond to any of the Defence (General) Regulations, 1939, then, notwithstanding anything in section one of this Act—

(a)those local regulations as in force as aforesaid shall continue in force until the expiration of the period of one year commencing with the said date ; and

(b)Her Majesty may by Order in Council coming into force on or before the expiration of the said period make provision corresponding to section two of this Act with respect to any of those local regulations which correspond to any of the Defence (General) Regulations, 1939, continued in force by the said section two: Provided that Her Majesty may at any time by Order in Council revoke in whole or in part any of the aforesaid local regulations.

10(1)This Act may be cited as the Emergency Laws (Repeal) Act, 1959.

(2)The provisions of this Act, other than sections one and six thereof and this section, shall continue in force only until the expiration of the thirty-first day of December, nineteen hundred and sixty-four, and shall then expire ; and subsection (2) of section thirty-eight of the Interpretation Act, 1889, shall apply upon the expiration of those provisions as if those provisions had then been repealed.

(3)The enactments specified in Part I or II of the Fourth Schedule to this Act, to the extent respectively specified in the third column of the said Part I or II, and the provisions specified in Part III of that Schedule, are hereby repealed—

(a)in the case of the enactments or provisions specified in the said Part I or Part III, as from the commencement of this Act;

(b)in the case of the enactments specified in the said Part II, as from the expiration of the thirty-first day of December, nineteen hundred and sixty-four.