Emergency Laws (Re-enactments and Repeals) Act 1964

PART IIContinuance of other Emergency Laws, and Supplemental Provisions

16The Ships and Aircraft (Transfer Restriction) Act 1939

(1)The Ships and Aircraft (Transfer Restriction) Act 1939 (which, by virtue of section 11 of the Emergency Laws (Miscellaneous Provisions) Act 1947 no longer applies to aircraft) shall continue in force until the end of 1969, but subject to the provisions of subsections (2) to (5) of section 4 of the Emergency Laws (Repeal) Act 1959 (which restrict the powers of the Minister of Transport under the said Act of 1939, and contain other modifications), and may be continued in force thereafter under the following provisions of this section.

(2)Her Majesty may by Order in Council direct that this section shall continue for such further period from the end of 1969 as may be specified in the order, being a period not exceeding five years, and from time to time extend the period for which this section continues in force for further periods not exceeding five years.

A draft of an Order under this section shall not be submitted to Her Majesty in Council unless it has been approved by a resolution of each House of Parliament.

17Power of Board of Trade to trade in jute products

(1)The powers relating to jute conferred by section 3(2) of the Emergency Laws (Repeal) Act 1959 (which by virtue of certain orders made under the Ministers of the Crown (Transfer of Functions) Act 1946 are exercisable by the Board of Trade) shall, so far as they relate to the acquisition or disposal of jute bags, jute cloth and jute yarn, continue in force until the end of 1969 and accordingly subsection (2) of this section shall have effect in substitution for those powers.

(2)Until the end of 1969 the Board of Trade shall have power—

(a)to acquire or dispose of jute bags, jute cloth and jute yarn; and

(b)to do all such things as appear to the Board of Trade necessary or expedient for the exercise of the foregoing powers.

18Exercise of powers of Board of Trade

Anything required or authorised by or under this Act to be done by, to or before the Board of Trade may be done by, to or before the President of the Board, any Minister of State with duties concerning the affairs of the Board, any secretary, undersecretary or assistant secretary of the Board or any person authorised in that behalf by the President; and references in this Act to a Minister include references to the Board of Trade.

19Expenses

Any expenses incurred by any government department which are attributable to the provisions of this Act shall be defrayed out of moneys provided by Parliament.

20Northern Ireland

(1)Subject to this section, this Act shall extend to Northern Ireland.

(2)Where by Part I of this Act any power is conferred upon the Secretary of State, then, in so far as the power is exercisable in relation to Northern Ireland, the Secretary of State may, to such extent and subject to such restrictions as he thinks proper, by order delegate the power either to a department of the Government of Northern Ireland specified in the said order or to the appropriate department or departments of the said Government; and where any power is so delegated to the appropriate department or departments, it shall be exercised by such department or departments of the said Government as the Governor of Northern Ireland may by order specify.

(3)Where a power to make orders has been delegated in pursuance of the last foregoing subsection any order made in pursuance of that power, and any order made by virtue of that subsection by the Governor of Northern Ireland, shall be made by statutory instrument, and the Statutory Instruments Act 1946 shall apply in like manner as if the order had been made by the Secretary of State; and, in relation to any such delegation, the expression " government department" in the last foregoing section shall be construed as including a department of the Government of Northern Ireland.

(4)As from such date as the Secretary of State may by order contained in a statutory instrument appoint, orders made under section 4 of this Act shall not extend to Northern Ireland.

(5)Nothing in this Act shall restrict the powers of the Parliament of Northern Ireland to make laws with respect to any matter with respect to which that Parliament has power to make laws, and any laws made by that Parliament with respect to any such matters shall have effect notwithstanding anything in this Act, or in any order or other instrument made under this Act.

(6)In this Act the expression "Act" includes an Act of the Parliament of Northern Ireland, and references to enactments of the Parliament of the United Kingdom shall be construed as including references to those enactments as they apply in Northern Ireland.

21Channel Islands and Isle of Man

The power of making an Order in Council under section 9(2)(b) of the Emergency Laws (Repeal) Act 1959 shall include power to extend the period for which the provisions of any such Order have effect, or otherwise to vary the provisions of any such Order.

22Short title, repeals, savings and construction

(1)This Act may be cited as the Emergency Laws (Re-enactments and Repeals) Act 1964.

(2)Subject to this section, the Acts and instruments mentioned in Schedule 2 to this Act shall be repealed to the extent specified in the third column of that Schedule.

(3)Those repeals shall not affect any order, direction or other thing done or made or having effect under any provision so repealed and re-enacted in this Act with or without modification, and any such order or direction or other thing which was in force immediately before the commencement of this Act shall continue in force and shall have effect as if made under the corresponding provision of this Act and may be varied or revoked accordingly; and references in this Act to orders made, directions given or other things done under any provision of this Act shall be construed accordingly.

(4)Without prejudice to subsection (3) of this section, an order having effect by, virtue of that subsection under any section in Part I of this Act may be varied or revoked by a Minister having power to make orders under that section, although made by a different Minister, or by Ministers one of whom is a different Minister.

(5)The expiration of any provision of this Act shall, for all purposes, and in particular for the purposes of section 38 of the Interpretation Act 1889, have the same effect as if that provision had then been repealed by Act of Parliament.