Emergency Laws (Re-enactments and Repeals) Act 1964

Supplemental provisions U.K.

7 Orders and directions. U.K.

(1) Any order made under this Part of this Act, and any general direction given under section 2 of this Act, shall be made or given by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliment.

(2) Any power conferred by this Part of the Act, to make any order or give any direction shall be construed as including a power, exercisable in the like manner and subject to the like conditions, if any, to revoke or vary the order or direction.

(3) Any power of making orders under this Part of the Act shall include power to provide for any incidental and supplementary provisions for which the Minister making the order thinks it expedient for the purposes of the order to provide, including, in the case of orders under section 1 of this Act, provisions requiring persons to retain documents recording hire-purchase agreements and other agreements.

(4) An order under this Part of this Act may make such provisions (including provision for requiring any person to furnish any information) as the Minister making the order thinks necessary or expedient for facilitating the introduction or operation of a scheme of control for which provision has been made, or for which, in the opinion of the Minister, it will or may be found necessary or expedient that provision should be made, under this Part of this Act.

(5) An order under this Part of this Act may prohibit the doing of anything regulated by the order except under the authority of a licence granted by such authority or person as may be specified in the order, and may be made so as to apply either to persons or undertakings generally or to any particular person or undertaking or class of persons or undertakings, and so as to have effect either generally or in any particular area.

(6) Where under this Part of this Act two or more Ministers have power to make orders, the power may be exercised by them jointly or separately.

(7) [F1 The M1 Interpretation Act 1978] shall apply to the interpretation of any order made under this Part of this Act as it applies to the interpretation of an Act of Parliament and for the purposes of [F1 sections 16(1) and 17(2)(a)]of that Act any such order shall be deemed to be an Act of Parliament.

Subordinate Legislation Made

P1 S. 7(2): s. 2 (with s. 7(2)) power exercised by S.I.1991/629

Textual Amendments

F1 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Marginal Citations

M1 1978 c. 30.

8 Notices, authorisations and proof of documents. U.K.

(1) A notice to be served on any person for the purposes of this Part of this Act, or of any order or direction made or given under this Part of this Act, shall be deemed to have been duly served on the person to whom it is directed if—

(a) it is delivered to him personally, or

(b) it is sent by registered post or the recorded delivery service addressed to him at his last or usual place of abode or place of business.

(2) Where under this Part of this Act a person has power to authorise other persons to act thereunder, the power may be exercised so as to confer the authority either on particular persons or on a specified class of persons.

(3) Any permit, licence, permission or authorisation granted for the purposes of this Part of this Act may be revoked at any time by the authority or person empowered to grant it.

(4) Every document purporting to be an instrument made or issued by any Minister or other authority or person in pursuance of this Part of this Act, or of any provision having effect under this Part of this Act, and to be signed by or on behalf of that Minister, authority or person shall be received in evidence and shall, until the contrary is proved, be deemed to be an instrument made or issued by that Minister, authority or person; and prima facie evidence of any such instrument as aforesaid may, in any legal proceedings (including arbitrations), be given by the production of a document purporting to be certified to be a true copy of the instrument by or on behalf of the Minister or other authority or person having power to make or issue the instrument.

9 Territorial extent of Part I. U.K.

(1) Unless the contrary intention appears therefrom, any provisions contained in, or having effect under, this Part of this Act shall, in so far as they impose prohibitions, restrictions or obligations on persons, apply to all persons in the United Kingdom and all persons on board any British ship or aircraft, not being an excepted ship or aircraft, and to all other persons, wherever they may be, who are ordinarily resident in the United Kingdom and who are citizens of the United Kingdom and Colonies or British protected persons.

(2) In this section—

• “British aircraft” means an aircraft registered in—

  (a)

  any part of Her Majesty’s dominions;

  (b)

  any country outside Her Majesty’s dominions in which for the time being Her Majesty has jurisdiction;

  (c)

  any country consisting partly of one or more colonies and partly of one or more such countries as are mentioned in the last foregoing sub-paragraph;

• “British protected person” has the same meaning as in [F2 British Nationality Act 1981]

• “excepted ship or aircraft” means a ship or aircraft registered in any country for the time being listed in [F3 Schedule 3 to the British Nationality Act 1981]or in any territory administered by the government of any such country, not being a ship or aircraft for the time being placed at the disposal of, or chartered by or on behalf of, Her Majesty’s Government in the United Kingdom.

Textual Amendments

F2 In the definition of “British protected person” words substituted by British Nationality Act 1981 (c.61, SIF 87), s. 52(6), Sch. 7

F3 in the definition of “excepted ship or aircraft” words substituted by British Nationality Act 1981 (c.61, SIF 87), s. 52(6), Sch. 7