The Statutory Orders (Special Procedure) (Substitution) Order 1949

• Citation: S.I. 1949/2393
• Sections: 7

Section 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.

Section 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.

Section 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.

Section 3

The Minister may direct that any order made by him shall be subject to special parliamentary procedure.

Section 5

The Minister may revoke, either wholly or partially, any order made by him under this Act which is subject to special parliamentary procedure at any time before the order has been laid before Parliament.

Section 5

The provisions of paragraphs 2 to 4 of this Part of this Schedule shall not apply to an order which is confirmed by Act of Parliament under section six of the Statutory Orders (Special Procedure) Act, 1945, but except as aforesaid those provisions shall have effect in relation to an order to which that Act applies as if in paragraph 2 for the reference to the publication of the notice therein mentioned there were substituted a reference to the date on which the order becomes operative under that Act.

Section 39A

(1) Any inquiry required under this Part of this Act in connection with an order affecting Scotland only shall, if the Secretary of State so directs, be held by Commissioners under the Private Legislation Procedure (Scotland) Act, 1936; and any direction so given shall be deemed to have been given under section two, as read with section ten, of the Statutory Orders (Special Procedure) Act, 1945.

(2) Where any such directions are given, sections thirty-two, thirty-three, thirty-four and thirty-six of this Act shall not apply.

(3) The provisions of the Statutory Orders (Special Procedure) Act, 1945, with regard to the publication of notices in the Edinburgh Gazette and in a newspaper shall, notwithstanding anything in that Act contained, not apply to any order under this Act which is subject to special parliamentary procedure.