HC Deb 28 July 1930 vol 242 cc203-4

Provisions with respect to the Validity of Orders not confirmed by Parliament.

1. So soon as may be after an order has effect the Minister shall publish in the 'London Gazette,' and in such other manner as he thinks best adapted for informing persons affected, a notice stating that the order has come into force, and naming a place where a copy thereof may be seen at all reasonable hours.

2. If any person aggrieved by an order desires to question its validity on the ground that it is not within the powers of this Act or that any requirement of this Act has not been complied with he may, within six weeks after the publication of the notice mentioned in paragraph 1 hereof, make an application for the purpose to the High Court, and, if any such application is duly made, the court, if satisfied that the order is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by any requirements of this Act not having been complied with, may quash the order either generally or in so far as it affects the applicant.

3. Subject to the provisions of the last preceding paragraph an order shall not at any time be questioned by prohibition or certiorai or in any legal proceedings whatsoever.

4. Except by leave of the court of appeal no appeal shall lie to the House of Lords from a decision of the court of appeal in proceedings under this section."

Lieut. - Colonel HENEAGE

This Amendment shows the disadvantage from which the House is suffering through the Government introducing a lot of Amendments at this late hour. We certainly desire an explanation from the Minister of what exactly is meant by this Amendment.

Dr. ADDISON

The hon. and gallant Member has no doubt forgotten that I said that I would set out in the Schedule the precise manner in which these Orders would be made, and it is in order to carry out that undertaking that this Amendment has been moved. The provisions with respect to the Orders are reproduced in the Schedule in order to remove any doubts upon the matter.

Amendment agreed to.