Emergency Laws (Miscellaneous Provisions) Act 1947

1947 c.10

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.

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

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

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3–10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

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12 Short title and commencement.

1

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

2

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SCHEDULES

F6F6FIRST SCHEDULE

Annotations:

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SECOND SCHEDULE Permanent Enactment of Provisions of Certain Defence Regulations

Section 2.

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

C21 Extension of power to appoint special constables nominated by the Admiralty, Army Council or Air Council. C1

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 F7F8the 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 CouncilF9an 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 F10F8the 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.

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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.

2

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3

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Provision reproducing Regulation 570 of Defence (General) Regulations 1939

F144

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5–8

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