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Emergency Laws (Miscellaneous Provisions) Act 1947

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Emergency Laws (Miscellaneous Provisions) Act 1947

1947 CHAPTER 10 11 and 12 Geo 6

An Act to make further provision with respect to the Defence Regulations continued in force by the Emergency Laws (Transitional Provisions) Act 1946, and with respect to certain emergency and temporary enactments extended by or contained in that Act; to repeal certain other emergency enactments; and for purposes connected with the matters aforesaid.

[18th December 1947]

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1U.K.

2 Permanent enactment of provisions similar to those contained in or made under certain Defence Regulations.U.K.

(1)The provisions set out in the Second Schedule to this Act, which reproduce provisions contained in the Defence Regulations therein mentioned, with minor modifications and adaptations and the addition of transitional provisions, shall have permanent effect.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

3–10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3U.K.

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4U.K.

12 Short title and commencement.U.K.

(1)This Act may be cited as the Emergency Laws (Miscellaneous Provisions) Act 1947.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

SCHEDULES

F6F6FIRST SCHEDULEU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2.

SECOND SCHEDULEU.K. Permanent Enactment of Provisions of Certain Defence Regulations

Provisions reproducing part of Regulation 40AA of Defence (General) Regulations 1939U.K.

Extension of power to appoint special constables nominated by the Admiralty, Army Council or Air Council. U.K.

1(1)The power conferred by section three of the M1Special Constables Act 1923, to appoint persons [F7nominated by the [F8Defence Council]], to be special constables within the places and limits therein mentioned shall extend to the appointment of persons [F7so nominated] to be special constables in, and within fifteen miles of, any [F7other] premises in Great Britain which are for the time being in the possession or under the control of [F7[F8the Defence Council, the Secretary of State for Defence] or] the Minister of Supply, [F7or are for the time being used for or in connection with naval, military or air force purposes], and the said section three shall have effect accordingly.

(2)A resident magistrate within the meaning of the M2Summary Jurisdiction and Criminal Justice Act (Northern Ireland) 1935, may appoint such persons as may be nominated for the purpose by the [F9the [F8Defence Council]][F9an authority who by virtue of any enactment are authorised to make nominations under section 3 of the Special Constables Act 1923] to be special constables at any premises in Northern Ireland which are, for the time being, in the possession or under the control of [F10[F8the Defence Council, the Secretary of State for Defence] or] the Minister of Supply [F10or are specified by the [F8Defence Council] to be, for the time being, used for or in connection with naval, military or air force purposes]; and every person so appointed shall make a declaration before the resident magistrate duly to execute the office of constable at the premises aforesaid, and, when he has made that declaration, shall at those premises have the same powers and privileges and be liable to the same duties and responsibilities as a constable in Northern Ireland.

Special constables appointed under this paragraph shall be under the exclusive control of the authority on whose nomination they are appointed and that authority shall have power to suspend or terminate the appointment of any such special constable.

. . . F11

(3)Any appointment made by virtue of Regulation forty AA of the Defence (General) Regulations 1939, and in force immediately before the date on which this Act comes into force, shall be deemed to have been made by virtue of the preceding provisions, and any special constable who, immediately before that date, is authorised by paragraph (3) of the said Regulation to act within the premises and limits mentioned in sub-paragraph (1) hereof, shall continue to be authorised so to act.

Textual Amendments

F7In Sch. 2 para. 1(1) Words “nominated by the Defence Council”; “so nominated”; “other”; “the Defence Council, the Secretary of State for Defence or”; and “or are for the time being used for or in connection with naval, military or air force purposes” repealed (E.W.S.) by Ministry of Defence Police Act 1987 (c. 4, SIF 95), s. 7(2)(a)

F8Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F9In Sch. 2 para. 1(2) Words “an authority who by virtue of any enactment are authorised to make nominations under section 3 of the Special Constables Act 1923” substituted (N.I.) for the words “the Defence Council” by Ministry of Defence Police Act 1987 (c. 4, SIF 95), s. 7(2)(b)(i)

F10In Sch. 2 para. 1(2) “the Defence Council, the Secretary of State for Defence or” and “or are specified by the Defence Council to be, for the time being, used for or in connection with naval, military or air force purposes” repealed (N.I.) by Ministry of Defence Police Act 1987 (c. 4, SIF 95), s. 7(2)(b)(ii)

F11Definition of “appropriate authority” repealed by S.I. 1964/488, Sch. 1 Pt. I

Modifications etc. (not altering text)

C2Functions of Minister of Supply now exercisable by Secretary of State: (a) in connection with the exercise of functions under the Atomic Energy Act 1946 (c. 80) and Atomic Energy Authority Act 1954 (c. 32): S.I. 1953/1673 (1953 I, p. 1222), 1957/561 (1957 I, p. 1435), 1959/1826 (1959 I, p. 1791), art. 2, 1964/490, art. 2, 1964/2048 and 1970/1537, art. 2, Sch. 1 Pt. II para. 7; (b) otherwise than in connection with those functions: S.I. 1959/1768 (1959 I, p.1793), art. 3, 1967/155, 1970/1537, art. 3 and 1971/719

Marginal Citations

2U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

3U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

Provision reproducing Regulation 570 of Defence (General) Regulations 1939U.K.

F144U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14Sch. 2 para. 4 repealed (E.W.S.) by S.I. 1989/615, reg. 19(1); Sch. 2 para. 4 repealed (N.I.) (1.5.1993) by S.R. 1993/83, reg. 17(1)

5–8U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

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