HC Deb 24 May 1939 vol 347 cc2386-8

7.20 p.m.

Mr. Elliot

I beg to move, in page 52, line 30, at the end, to add: and any notice served under Part III, Part IV or Part VI of this Act, may be withdrawn by a subsequent notice served on the same person and in the same manner. (2) Any Order in Council or Regulation made under this Act, any Order made under Part III of this Act (except an Order relating to specified factory premises), or under the provisions of this Act providing for the requisition of premises and vehicles or relating to local authorities in London and any scheme made by the Treasury under this Act shall, as soon as may be after it is made, be laid before Parliament. (3) If either House of Parliament within the period of forty days beginning with the day on which any such Order in Council, Regulation, Order, or scheme as aforesaid is laid before it, resolves that the Order in Council, Regulation, Order, or scheme be annulled, it shall thereupon become void, without prejudice, however, to the validity of anything previously done thereunder or to the making of a new Order in Council, Regulation, Order, or scheme. In reckoning any such period of forty days as aforesaid no account shall be taken of any time during which Parliament is dissolved or prorogued, or during which both Houses are adjourned for more than four days. (4) Section one of the Rules Publication Act, 1893, shall not apply to any Order in Council, Order, or scheme made under this Act. This is a machinery Amendment. As drafted, the Bill does not provide for the withdrawal of notices even if they turn out to be wrong. Obviously there should be express power of withdrawal.

7.21 p.m.

Mr. Fleming

This matter was raised yesterday upon the discussion of Clause 24 standing part of the Bill, and the Lord Privy Seal gave an assurance that whatever Regulations were made they would be published in draft. I would ask now whether those draft Regulations will be governed by the terms of the Rules Publication Act, 1893, which is mentioned in Sub-section (4) of the Amendment. Will the draft of the Regulations made under Sub-section (2) of the Amendment be subject to the Rules Publication Act? I was not quite clear whether the assurances given by my right hon. Friend intended simply that the draft should be laid before Parliament. Sub-section (4) of the Amendment excludes the Rules Publication Act, 1893, from applying to any Order in Council, etc., but it does not exclude it from a Regulation. That is the point that we were discussing, and I would definitely ask my right hon. Friend whether the Regulations referred to in Sub-section (2) will be governed by the Rules Publication Act, 1893.

7.22 p.m.

Mr. Elliot

The Sub-section does not say anything about the publication of rules. I understand that my hon. Friend is asking for some specific assurance on the matter, in pursuance of an undertaking given yesterday by the Lord Privy Seal. Would it be possible for him to accept an assurance that we shall look further into the point? I am sure that the matter is covered by the undertaking which was given. It would be undesirable for me to give an assurance as such.

Amendment agreed to.

Clause, as amended, ordered to stand part of the Bill.