S.I. 1962 No. 409|
SPECIAL PARLIAMENTARY PROCEDURE
The Statutory Orders (Special Procedure)
|Made||26th February 1962
|Coming into Operation||1st March 1962
At the Court at Buckingham Palace, the 26th day of February
The Queen's Most Excellent Majesty in Council
Whereas in pursuance of subsections (3) and (4) of section 8 of
the Statutory Orders (Special Procedure) Act, 1945( a), an
address has been presented to Her Majesty by both Houses of Parliament
praying that the provisions of that Act cease to apply to the
orders described in Article 3 of this Order:
Now, therefore, Her Majesty, in exercise of the powers conferred
upon Her by those subsections, and of all other powers enabling
Her in that behalf, is pleased, by and with the advice of Her
Privy Council, to order, and it is hereby ordered as follows:
1.This Order may be cited as the Statutory Orders (Special
Procedure) Order, 1962, and shall come into operation on the first
day of March nineteen hundred and sixty-two.
2.(1) The Interpretation Act 1889( b), shall
apply to the interpretation of this Order as it applies to the
interpretation of an Act of Parliament.
(2) In this Order
"the Act of 1945" means the Statutory Orders (Special
Procedure) Act, 1945;
"the Order of 1949" means the Statutory Orders
(Special Procedure) (Substitution) Order, 1949( c).
3.The provisions of the Act of 1945 shall not apply to the
following orders under the Public Health Act 1875( d), made
after the coming into operation of this Order, that is to say
(a) any order made under section 303 (repeal, alteration
and amendment of local Acts);
(b) any order made under paragraph (5) of section 297
(repeal, alteration and amendment of provisional order Acts) other
than an order for the repeal, alteration or amendment of an Act
confirming a provisional order for the formation of a united district
made under section 279 of the said Act of 1875.
following shall be substituted for paragraph (5) of section 297
of the Public Health Act, 1875:
(2) In relation to any order made by virtue of the said
paragraph (5), being an order to which the provisions of the Act
of 1945 continue to apply by virtue of the Order of 1949 and this
Order, paragraphs (3), (4) and (8) of the said section 297 and
section 298 of the Public Health Act, 1875, shall not apply; and
the other provisions of the said section 297 shall apply in the
modified form in which they are set out in the Schedule to this
(3) In the Order of 1949, the whole of the entry in the
Second Schedule relating to the Public Health Act, 1875, shall
be omitted, and for the entry relating to that Act in the First
Schedule there shall be substituted the following entry:
(4) Nothing in this Order shall affect the validity of
anything done under the Act of 1945 before the coming into operation
of this Order.
W. G. Agnew.
S. 297 OF
ACT 1875, AS
297.With respect to orders authorised to be made by the Minister
of Housing and Local Government under this section, being orders
which are subject to special parliamentary procedure, the following
enactments shall be made:
(1) The said Minister shall not make any such order unless
public notice of the purport of the proposed order has been previously
given by advertisement in two successive weeks in some local newspaper
circulating in the district to which such order relates:
(2) Before making any such order, the said Minister shall
consider any objections which may be made thereto by any person
affected thereby, and in cases where the subject matter is one
to which a local inquiry is applicable, shall cause to be made
a local inquiry, of which public notice shall be given in manner
aforesaid, and at which all persons interested shall be permitted
to attend and make objections:
(6) The said Minister may revoke any such order, either
wholly or partially, at any time before the order has been laid
(7) The making of such an order shall be prima facie
evidence that all the requirements of this Act in respect of proceedings
required to be taken previously to the making of the order have
been complied with.
|(a) 9 & 10 Geo. 6. c. 18.
||(c) S.I. 1949/2393 (see above).
|(b) 52 & 53 Vict. c. 63.
||(d) 38 & 39 Vict. c. 55.