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Statutory Instruments Act, 1946.
9 & ioGEO. 6. CH. 36.
ARRANGEMENT OF SECTIONS.
Section. i. Definition of " Statutory Instrument ".
- Numbering, printing, publication and citation.
3. Supplementaryprovisions asto publication.
4. Statutory Instruments which are required to be laid before
Parliament.
5. Statutory Instruments which are subject to annulment by
resolution of either House of Parliament.
6. Statutory Instrumentsof which drafts are to be laidbefore
Parliament.
7. Supplementary provisions as to ss. 4, 5 and 6.
- Regulations.
9. Powers to extend Act to other orders, etc. and to modify
application of certain provisions thereof.
io. Commencement of Act.
ii. Interpretation.
12. Repeal of 56 & 57 Vict. c. 66 and re-enactment of s. 3 (3)
thereof.
13. Short title and extent.
9 & io GEO. 6. Statutory Instruments CH. 36.
Act, 1946.
CHAPTER 36.
An Act to repeal the Rules Publication Act, 1893,^ and to make further provision as to the instruments by which statutory powers to make orders, rules, regula- tions and other subordinate legislation are exercised.
[26th March 1946.]
BE it enacted by the King's most Excellent Majesty,^ by^ and
with the advice and consent of the Lords^ Spiritual^ and
Temporal, and Commons, in this present Parliament^ assembled,
and by the authority of the same, as^ follows
1.-(i) (^) WherebythisAct oranyActpassedafterthecommence-Definition of ment of this Actpowerto^ make,^ confirm^ orapprove^ orders,^ rules,^ "^ Statutory regulations or other subordinate legislation is^ conferred^ on^ His^ Instrument.^ '
Majesty in Council or on any Minister of the Crown then,^ if^ the
poweris expressed- (a) in the case of a power conferred on^ His^ Majesty,^ to^ be
exercisable by Order in Council ;
(b) inthecaseof apowerconferred onaMinisteroftheCrown,
to be exercisable by statutory instrument,
any document by which that power is^ exercised^ shall^ be^ known
as a " statutoryinstrument " andthe provisions of^ this^ Act^ shall
apply thereto accordingly. (2) Where by^ any^ Act^ passed^ before^ the^ commencement^ of
thisAct powerto make statutoryrules^ within^ the^ meaning^ of^ the
Rules Publication Act,^ 1893,^ was^ conferred^ on^ any^ rule-making^56 &^57 vict.
authority within^ the^ meaning^ of^ that^ Act,^ any^ document^ byc.^ 66.
which that^ power^ is^ exercised^ after^ the^ commencement^ of^ this
Act shall,^ save^ as^ is^ otherwise^ provided^ by^ regulations^ made
under this^ Act,^ be^ known^ as^ a^ "^ statutory^ instrument^ "^ and^ the
provisionsof^ this^ Act^ shall^ apply^ thereto^ accordingly.
T
& ioGEO. 6. Statutory Instruments CH. 36.
Act, 1946.
and to the Speaker ofthe House of Commons drawing attention
to the fact that (^) copies of the instrument have yet to be laid
before Parliament and explainingwhy such copies were not so
laid before the instrument came into operation.
(2) Everycopy of any such statutory instrument soldbythe
King's printer of Acts of Parliament shall bear on the face
thereof-
(a) a statement showing the date on which the statutory
instrument came or will come into operation ; and
(b) either a statement showing the date on which copies
thereof were laid before Parliament or a statement that
such copies are to be laid before Parliament.
(3) Where anyActpassed beforethe dateofthecommencement
ofthisAct contains provisionsrequiring thatanyOrderin (^) Council
or other document made in exercise of any power conferred by
that (^) oranyotherAct belaid before Parliament after beingmade, anystatutory instrument made inexercise of that power shall by
virtue of this Act be laid before Parliament and the foregoing
provisions of this section shall apply thereto accordingly in
substitution for any such provisions as aforesaid contained in
the Act passed before the saiddate.
5.-(1) Where by this Act or any Act passed after the com- Statutory mencement of this Act, it is provided that any statutory instru- Instruments
ment shall be subject to annulment in pursuance of resolutionof sbject to
either House of Parliament, the instrument shall be laid^ beforeannulment by
Parliament after being made and the provisions of the last resolution of
foregoing section shall applythereto accordingly, and if either either^ House
House, within the period of forty days beginning with the ofParliament.
day on which a copy thereof is laid before it, resolves^ that an Address (^) be presented (^) to His Majesty praying (^) that the instru-
ment be annulled, no further proceedings shall be taken
thereunder after^ the date^ of^ the resolution,^ and^ His^ Majesty
may by Order in^ Council^ revoke^ the instrument,^ so,^ however,
thatanysuchresolution^ andrevocationshall^ be^ withoutprejudice
to the validity of^ anythingpreviouslydone^ underthe^ instrument
or to themaking of a new statutory instrument.
(2) Where anyActpassedbefore thedate ofthecommencement
ofthisActcontains provisionsrequiring thatanyOrderin Council
or other document made in exercise of any power conferred by
that or any otherAct shallbe laid before Parliament^ afterbeing
made and shall cease to be in^ force^ or^ may^ be^ annulled,^ as
the case may be, if within a^ specified^ period^ either^ House
presents an address to^ His^ Majesty^ or^ passes^ a^ resolution^ to
that effect, then, subject to^ the^ provisions^ of^ any^ Order^ in
Council made under this Act,^ any^ statutory^ instrument^ made
in exercise of the said power^ shall^ by^ virtue^ of^ this^ Act^ be
subject toannulment in^ pursuanceof^ aresolution^ of^ eitherHouse
3
Cn. 36. Statutory Instruments (^9) & 1o (^) GEO. 6 Act, 1946.
Statutory instruments ofwhich drafts are to be laid before Parliament.
of Parliamentand theprovisions of the last foregoing subsection
shall apply thereto accordingly in substitution for any such
provisions as aforesaid contained in the Act passed before the
said date.
6.-(1) Where by this Act or any Act^ passed after the com- mencement ofthisAct itis^ providedthat^ adraft of anystatutory
instrument shall be laidbefore^ Parliament,^ but^ the^ Act^ does^ not
prohibit the making of the instrument without the approvalof
Parliament, then, in the case of an Order in Council the draft
shall not be submitted to His^ Majesty^ in Council, and in^ any
other case the^ statutory instrument^ shall not^ be^ made,
until after the expiration of a period of forty days beginning
with the day on which a copy of the draft is laid before
each House of Parliament, or, if such copies are laid on different
days, with the later of the two days, and if within that period
either House resolves that the draft be not submitted to His
Majestyor thatthestatutoryinstrument be notmade, as thecase
maybe,nofurtherproceedingsshall betakenthereon, butwithout
prejudice to the laying before Parliament of a new draft.
(2) Where anyAct passedbefore thedate ofthecommencement
of this Act contains provisions requiring that a draft of any
Order in Council or other document to be made in exercise
of any power conferred by that or any other Act shall
be laid before Parliament before being submitted to His Majesty,
or before being made, as the case may be, and that it shall not (^) be so (^) submitted or made if within a specified period either House presents (^) an addressto His Majesty or passes a resolution
to that effect, then, subject to the provisions of any Order in
Council madeunder this Act, a draft of anystatutoryinstrument
made inexercise of the said power shall by virtue of this Act be
laid before Parliament and the provisions (^) of the last (^) foregoing
subsection shall apply thereto accordingly in substitution for
any such provisions as aforesaid contained in the Act passed
beforethe saiddate.
Supplementary 7.-(1)^ In reckoning for the purposes of either of the last two
provisions as foregoing sections any period of forty days, no account shall be
to ss. 4, 5 taken of any time during which Parliament is dissolved or pro-
and 6.
rogued or^ during which both Houses are adjourned for more
than four^ days.
(2) In relationtoanyinstrumentrequired byanyAct, whether
passed before or after the commencement of thisAct, to be laid
beforetheHouseof Commons only, theprovisions ofthelastthree
foregoing sections shall have effect as if references to that House
were therein substituted for references to Parliament and for
references to either House and each House thereof.
4
CH. 36. (^) Statutory Instruments 9 & 1o GEO. 6. Act, (^) 1946.
Powers to extend Act to other orders, etc. and to modify application of certain provisions thereof.
Commence- ment of Act.
(^52) & 53 Vict. c. 63.
(iii) whether any statutory instrument (^) or class or description of such instruments is in the nature (^) of a public Act or ofa localandpersonal or private (^) Act : (iv) whether the exercise of any power conferred by anActpassedbefore the commencement ofthisAct is oris not (^) the exercise ofa power tomake a statutory rule. (2) Everystatutory instrumentmade (^) under thissection shallbe subject to annulment in pursuance (^) of a resolution (^) of either House of Parliament.
9.-(1) If with respect^ to any power to confirm or approve orders, rules, regulationsorother subordinate^ legislation^ conferred on aMinisterofthe CrownbyanyActpassedbeforethecommence- ment of this Act, it appears to His Majesty in (^) Council that, notwithstanding thatthe exercise ofthat power did not constitute the making of a statutory rule within the meaning of the Rules Publication Act, 1893, it is expedient that the provisions of this Act should applyto documents by which that poweris exercised, His Majesty may by Order in Council direct that any document by which that power is exercised after such date as may be specified inthe Order shallbe knownas a " statutoryinstrument " and the provisions of this Act shall apply thereto accordingly.
(2) If with respect to any Act passed before the commence- ment of this Act it appears to His Majesty in Council that by reason of the exceptional nature of any provisions of that Act the application of subsection (2) of section five or subsection (2) of section six of this Act to statutory instruments made under any provisions of that Act would be inexpedient, His Majesty may by Order in Council direct that those subsections shall not apply to statutory instruments made under those provisions, or shall apply thereto subject to such modifications as may be specified in (^) the Order.
(3) A draft of any Order in Council proposed to be made under this section shall be laid before Parliament.
10.-(1) This Act shall come into operation on such date as
His Majesty may by Order in Council appoint : Provided that, without prejudice to the provisions of section thirty-seven of the Interpretation^ Act,^ 1889, the last foregoing section and,^ in^ relation^ to^ any^ Orderin^ Councilmade thereunder, the provisions of sections six and seven of this Act shall (^) come into operation on the passing of this Act. (2) The Order in Council made under this section shall be laid before Parliament afterbeing made. 6
9 & io^ GEO. 6.^ Statutory Instruments CH. 36.
Act, 1946.
11.-(1) For the purposes of this Act, any power to make, interpretation.
confirm or approve orders, rules,regulations or othersubordinate
legislation conferred on the Treasury, the Admiralty, the Board
of Trade or any other government department shall be deemed
to be conferred on the Minister of the Crown in charge of that department.
(2) If^ any question arises whether any board, commissioners
or other^ body on whom anysuch power as aforesaid is conferred
are a^ government^ department within the meaning of thissection,
or what Minister of the Crown is in charge of them, that question
shall be referred to and determinedby theTreasury.
12.-(1) The Rules Publication Act, 1893, is hereby repealed.Repeal of
(2) The publication in the London, Edinburgh or Belfast^56
V
ictt.. c 66 Gazette of a notice^ statingthat^ a statutoryinstrument hasbeenand re-enact-
made, and^ specifying^ the^ place where copies^ thereof may bement^ ofs.^3 (3)
purchased, shall be sufficient compliance with the provisions ofthereof.
any enactment, whether passed before or after the commence-
ment of this Act, requiring that instrumentto be published or
notified in that Gazette.
13.---(1) This Act may be cited as the Statutory InstrumentsShort^ title
Act, 1946. and^ extent.
(2) This^ Act^ shall^ apply^ to^ any^ statutory^ instrument^ made
by His Majesty in Council or by any Minister of the Crown (not
being a rule-making authority within the meaning of the Rules
Publication Act (Northern Ireland), 1925) in so far as it extends
to Northern Ireland, but except as aforesaid this Act shall not
extend to Northern Ireland.
Printed bySwift (Printing &Duplicating), Ltd.,^ for SIR PERCY FAULKNER, K.B.E., C.B. Controller ofHer Majesty's Stationery OfficeandQueen's Printerof^ ActsofParliament
(373)125562.K3.1/66.S(P&D)L.
