HC Deb 06 June 1932 vol 266 cc1744-5

Provisions as to the laying of Schemes before Parliament.

1. Where a scheme is approved or made by the Minister he shall cause it to be laid forthwith before both Houses of Parliament.

2.—(1) A scheme which contains a provision suspending the operation of a statutory enactment, other than an enactment which is an excepted enactment for the purposes of this paragraph, shall not be capable of coming into operation until a resolution approving the suspensory provision has been passed by each House of Parliament.

(2) For the purposes of this paragraph the following are excepted enactments: —

  1. (a) section one hundred and twelve of the Public Health Act, 1875, as extended by section fifty—one of the Public Health Acts (Amendment) Act, 1907; '
  2. (b) the Public Health (Buildings in Streets) Act, 1888;
  3. (c) sections thirty—three and thirty—four of the Public Health Act, 1925;
  4. (d) section five of the Roads Improvement Act, 1925;
    5. 1745
  5. (e) an enactment making such provision as might, by virtue of any Act of Parliament, have been made in relation to the area to which the scheme applies by means of a bye—law, order, or regulation not requiring confirmation by Parliament;
  6. (f) any enactment which has been previously suspended by some other scheme which came or was capable of coming into operation, and any enactment having substantially the same effect as any such enactment.

3. Subject as aforesaid a scheme approved or made as aforesaid shall be capable of coming into operation in accordance with the provisions of Part II of this Schedule unless—

  1. (1) either House of Parliament within & period of twenty—one days on which that House has sat after the scheme has been laid before it resolves that the scheme or some provision thereof ought not to come into operation; or
  2. (2) on a motion that a provision in the scheme be approved or that the scheme or some provision thereof ought not to come into operation an undertaking is given by, or on behalf of, the Minister to modify the scheme.

4. If in the case of any scheme—

  1. (1) a resolution to approve a suspensory provision contained in the scheme is not agreed to by either House of Parliament; or
  2. (2) it has been resolved by either House of Parliament that the scheme or some provision contained therein ought not to come into operation; or
  3. (3) there has in relation to the scheme been given any such undertaking as is mentioned in paragraph three of this Part of this Schedule;

the following provisions shall have effect: —

  1. (a) if the scheme is a scheme which was prepared or adopted by a local authority or joint committee it may be modified by the Minister in like manner, and the like farther proceedings may be taken thereon, as if the Minister had not approved it;
  2. (b) if the scheme is a scheme which was made by the Minister, a new scheme may be made by in in like manner, and the like proceedings may be taken thereon as if the first mentioned scheme had not been made.

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