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Emergency Laws (Miscellaneous Provisions) Act 1947

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Section 2.

SECOND SCHEDULEE+W+S+N.I. Permanent Enactment of Provisions of Certain Defence Regulations

Provisions reproducing part of Regulation 40AA of Defence (General) Regulations 1939E+W+S+N.I.

Extension of power to appoint special constables nominated by the Admiralty, Army Council or Air Council. E+W+S+N.I.

1(1)The power conferred by section three of the M1Special Constables Act 1923, to appoint persons [F1nominated by the [F2Defence Council]], to be special constables within the places and limits therein mentioned shall extend to the appointment of persons [F1so nominated] to be special constables in, and within fifteen miles of, any [F1other] premises in Great Britain which are for the time being in the possession or under the control of [F1[F2the Defence Council, the Secretary of State for Defence] or] the Minister of Supply, [F1or are for the time being used for or in connection with naval, military or air force purposes], and the said section three shall have effect accordingly.

(2)A resident magistrate within the meaning of the M2Summary Jurisdiction and Criminal Justice Act (Northern Ireland) 1935, may appoint such persons as may be nominated for the purpose by the [F3the [F2Defence Council]][F3an authority who by virtue of any enactment are authorised to make nominations under section 3 of the Special Constables Act 1923] to be special constables at any premises in Northern Ireland which are, for the time being, in the possession or under the control of [F4[F2the Defence Council, the Secretary of State for Defence] or] the Minister of Supply [F4or are specified by the [F2Defence Council] to be, for the time being, used for or in connection with naval, military or air force purposes]; and every person so appointed shall make a declaration before the resident magistrate duly to execute the office of constable at the premises aforesaid, and, when he has made that declaration, shall at those premises have the same powers and privileges and be liable to the same duties and responsibilities as a constable in Northern Ireland.

Special constables appointed under this paragraph shall be under the exclusive control of the authority on whose nomination they are appointed and that authority shall have power to suspend or terminate the appointment of any such special constable.

. . . F5

(3)Any appointment made by virtue of Regulation forty AA of the Defence (General) Regulations 1939, and in force immediately before the date on which this Act comes into force, shall be deemed to have been made by virtue of the preceding provisions, and any special constable who, immediately before that date, is authorised by paragraph (3) of the said Regulation to act within the premises and limits mentioned in sub-paragraph (1) hereof, shall continue to be authorised so to act.

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Amendments (Textual)

F1In Sch. 2 para. 1(1) Words “nominated by the Defence Council”; “so nominated”; “other”; “the Defence Council, the Secretary of State for Defence or”; and “or are for the time being used for or in connection with naval, military or air force purposes” repealed (E.W.S.) by Ministry of Defence Police Act 1987 (c. 4, SIF 95), s. 7(2)(a)

F2Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F3In Sch. 2 para. 1(2) Words “an authority who by virtue of any enactment are authorised to make nominations under section 3 of the Special Constables Act 1923” substituted (N.I.) for the words “the Defence Council” by Ministry of Defence Police Act 1987 (c. 4, SIF 95), s. 7(2)(b)(i)

F4In Sch. 2 para. 1(2) “the Defence Council, the Secretary of State for Defence or” and “or are specified by the Defence Council to be, for the time being, used for or in connection with naval, military or air force purposes” repealed (N.I.) by Ministry of Defence Police Act 1987 (c. 4, SIF 95), s. 7(2)(b)(ii)

F5Definition of “appropriate authority” repealed by S.I. 1964/488, Sch. 1 Pt. I

Modifications etc. (not altering text)

C2Functions of Minister of Supply now exercisable by Secretary of State: (a) in connection with the exercise of functions under the Atomic Energy Act 1946 (c. 80) and Atomic Energy Authority Act 1954 (c. 32): S.I. 1953/1673 (1953 I, p. 1222), 1957/561 (1957 I, p. 1435), 1959/1826 (1959 I, p. 1791), art. 2, 1964/490, art. 2, 1964/2048 and 1970/1537, art. 2, Sch. 1 Pt. II para. 7; (b) otherwise than in connection with those functions: S.I. 1959/1768 (1959 I, p.1793), art. 3, 1967/155, 1970/1537, art. 3 and 1971/719

Marginal Citations

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6E+W+S+N.I.

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Amendments (Textual)

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7E+W+S+N.I.

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Amendments (Textual)

Provision reproducing Regulation 570 of Defence (General) Regulations 1939E+W+S+N.I.

F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F8Sch. 2 para. 4 repealed (E.W.S.) by S.I. 1989/615, reg. 19(1); Sch. 2 para. 4 repealed (N.I.) (1.5.1993) by S.R. 1993/83, reg. 17(1)

5–8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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