LegalizeThe Statutory Orders (Special Procedure) (Substitution) Order 1949
Made: 21st December 1949
Coming into Operation: 1st January 1950
At the Court at Buckingham Palace, the 21st day of December, 1949
Present,
The King's Most Excellent Majesty in Council
Whereas it is provided by subsection (3) of section eight of the Statutory Orders (Special Procedure) Act, 1945 (hereinafter referred to as “the Act of 1945”), that if at any time after the commencement of the said Act an address is presented to His Majesty by both Houses of Parliament praying that the provisions of the said Act be applied to orders thereafter to be made under any enactment passed before the commencement of the said 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 that any such Order in Council may adapt or modify any enactment to such extent as may be expedient in consequence of the Order:
And Whereas an address has been presented to His Majesty by both Houses of Parliament praying that the provisions of the Act of 1945 be so applied as aforesaid to orders thereafter to be made under the enactments mentioned in Article 2 of this Order:
Now, therefore, His Majesty is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:—
1
- (1) This Order may be cited as the Statutory Orders (Special Procedure) (Substitution) Order, 1949, and shall come into operation on the first day of January, 1950.
- (2) The Interpretation Act, 1889, shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.
2
The provisions of the Act of 1945 shall apply to any order made after the coming into operation of this Order under any of the enactments specified in the third column of the First Schedule hereto (which relate respectively to the matters specified in the fourth column of that Schedule), being an order which, if this Order had not been made, would have been provisional only and would not have had effect until confirmed by Parliament.
3
The enactments specified in the Second Schedule hereto shall, in relation to any order made after the coming into operation of this Order under any of the enactments mentioned in Article 2 of this Order, have effect subject to the modifications set out in the second column of that Schedule.
FIRST SCHEDULE — ENACTMENTS IN PUBLIC GENERAL ACTS CONFERRING POWER TO MAKE ORDERS IN THE CASE OF WHICH SPECIAL PARLIAMENTARY PROCEDURE IS SUBSTITUTED BY THIS ORDER FOR PROVISIONAL ORDER PROCEDURE
| Session and Chapter | Short Title of Statute | Sections and Subsections of Statute | Subject matter |
|---|---|---|---|
| 24 &25 Vict. c. 45, and 1 Edw. 8 &1 Geo. 6. c. 28. | The General Pier and Harbour Act, 1861, as modified by the Harbours, Piers and Ferries (Scotland) Act, 1937. | Section 15 of the Act of 1861 as modified by sections 4 and 5(1) of the Act of 1937. | Construction of marine works. |
| 31 &32 Vict. c. 45. | The Sea Fisheries Act, 1868. | Sections 29 and 39. | Oyster and mussel fisheries. |
| 38 &39 Vict. c. 55. | The Public Health Act, 1875. | Paragraph (5) of section 297, and section 303. | Repeal and amendment of local Act, etc. |
| 5 Edw. 7. c. 23, and 14 &15 Geo. 5. c. 20. | The Marriages Validity (Provisional Orders) Acts, 1905 and 1924. | Section 1 of the Act of 1905, as extended by section 1 of the Act of 1924. | Validation of marriages. |
| 13 &14 Geo. 5. c. 16. | The Salmon and Freshwater Fisheries Act, 1923. | Section 16 (3) and (4). Section 37 Section 55 (2) | Compulsory purchase or hiring by fishery boards. Regulation of fisheries. Pollution of waters. |
| 15 Geo. 5. c. 15, 20 &21 Geo. 5. c. 40, and 25 &26 Geo. 5. c. 41. | The Housing (Scotland) Acts, 1925, 1930 and 1935. | Section 10 (1) of the Act of 1930 and section 15 (1) of the Act of 1935 as read with section 86 of the Act of 1925. | Compulsory purchase orders relating to commons, open spaces and allotments. |
| 20 &21 Geo. 5. c. 44. | The Land Drainage Act, 1930. | Section 2 (2) Section 4(3) Section 8 (3) Section 11 Section 17 (1) and (2). Section 41 (1) | Catchment areas. Schemes for Catchment Boards. Variation of awards. Transfer of functions to Catchment Boards. Drainage districts and drainage boards. Variation of navigation rights. |
| 23 &24 Geo. 5. c. 51. | The Local Government Act, 1933. | Section 112 (1) Section 270 (1) Paragraph (e) of subsection (1) of section 285 Section 293 (2) | Union of districts for appointment of medical officers of health. Transfers of functions to county or county borough councils. Repeal and amendment of Acts confirming provisional orders. Application of provisions of Act to joint boards and joint committees. |
| 26 Geo. 5 &1 Edw. 8 c. 49. | The Public Health Act, 1936. | Section 2 (2) Section 6 (1) Section 9 (2) Section 109 (2) Section 314 | Constitution of port health districts. Union of districts. Amendment and revocation of orders as to port health districts, union of districts and joint boards. Exemption of industrial processes from provisions as to nuisances. Amendment of orders relating to port health authorities and joint boards. |
| 26 Geo. 5 &1 Edw. 8. c. 51. | The Housing Act, 1936 | Sections 29 (1), 36 (1) and 38 (2) as modified by section 143. | Compulsory purchase orders relating to commons, open spaces and allotments. |
| 2 &3 Geo. 6. c. 40. | The London Government Act, 1939. | Sections 165 (1) and 166 (1) and (3). Section 188 (1)(e). | Transfers of functions between public authorities. Repeal and amendment of Acts confirming provisional orders. |
SECOND SCHEDULE — MODIFICATION OF ENACTMENTS
Signed
E.C.E. Leadbitter
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