Emergency Laws (Repeal) Act 1959

3 Temporary 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 ".