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Statutory Orders (Special Procedure) Act 1945

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This is the original version (as it was originally enacted).

8Application of Act to orders made under certain existing enactments

(1)This Act shall apply to any order made or confirmed after the commencement of this Act under any of the enactments specified in the Second Schedule to this Act, being an order which, but for the provisions of this subsection, would be provisional only and of no effect until confirmed by Parliament, and accordingly, in relation to any order so made or confirmed, the provisions of those enactments shall have effect subject to the amendments set out in relation thereto in the second column of that Schedule.

(2)For the avoidance of doubt it is hereby declared that in the application of this Act—

(a)to any order made by the Minister of Town and Country Planning and the appropriate Minister under subsection (2) of section thirty-five or paragraph (d) of subsection (1) of section thirty-six of the Town and Country Planning Act, 1944 (which provide that certain decisions and consents given by those Ministers must in certain cases be embodied in an order made by' them) ; or

(b)to any order made by the Minister of Health under subsection (2) of section twelve or subsection (6) of section twenty-six of the Water Act, 1945 (which provide that the approval by that Minister of certain agreements shall in certain cases be given by order),

the requirements imposed by the Town and Country Planning Act, 1944, and by the Town and Country Planning Acts, 1932 and 1943, with respect to the procedure to be followed in connection with the giving of such decisions and consents by the Minister of Town and Country Planning and the appropriate Minister otherwise than by order, and the provisions of the Water Act, 1945, with respect to the giving of such approval by the Minister of Health otherwise than by order, are to be deemed for the purposes' of section two of this Act to be requirements with respect to proceedings preliminary to the making of the order.

(3)If at any time after the commencement of this Act an address is presented to His Majesty by both Houses of Parliament praying that the provisions of this Act be applied to orders thereafter to be made under any enactment passed before the commencement of this 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 any such Order in Council may adapt or modify any enactment to such extent as may be expedient in consequence of the order.

(4)The power to make Orders in Council conferred by this section shall include power to revoke or vary any such Order by a subsequent Order.

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