HC Deb 23 July 1946 vol 425 cc1865-6
45. Sir J. Mellor

asked the Prime Minister whether his attention has been called to paragraph 10 of Treasury Circular No. 21/46, stating that subordinate legislation, purporting to be made with retrospective effect, is ultra vires unless the parent statute clearly confers power to give such effect; and whether legislation will be introduced to give validity to the Air Navigation (Amendment) (Ministry of Civil Aviation) Order, 1945 (S.R. & O., 1945, No. 163.7), and the Further Education Grant Regulations, 1946 (S.R. & O., 1946, No. 352), which, according to the circular, are ultra vires

The Chancellor of the Exchequer (Mr. Dalton)

I have been asked to reply. My right hon. Friend the Prime Minister has seen the Treasury circular referred to. It is for the guidance of the heads of Departments to whom it is addressed, and it states a general proposition. Regard has to be had to the precise statutory powers in each case, and my right hon. Friend does not accept the contention that legislation, as suggested by the hon. Member, is necessary.

Sir J. Mellor

Will the Chancellor of the Exchequer say how he reconciles the validity of these Orders with the opinion of the Law Officers?

Mr. Dalton

They are not in conflict.

Colonel Sir Charles MacAndrew

Will the right hon. Gentleman make this Circular available to the House?

Mr. Dalton

There is a later Question about that on the Order Paper.

56. Sir J. Mellor

asked the Chancellor of the Exchequer if he will arrange for copies of Treasury Circular No. 21/46, concerning subordinate legislation, to be available in the Vote Office.

Mr. Dalton

Yes, Sir.

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