§ 31. Sir John Mellorasked the Secretary of State for Scotland if he will identify the instrument by which he appointed the day from which the Improvement of Live Stock (Licensing of Bulls) Act, 1931, applied in Scotland to pigs as it applied to cattle, stating the date of the instrument and the day appointed; and why he took action with regard to pigs in purported exercise of power under the said Act before the day appointed.
§ Mr. WoodburnThe Instrument by which I appointed the day from which the Improvement of Live Stock (Licensing of Bulls) Act, 1931, applied in Scotland to pigs as it applied to cattle is Statutory Instrument 1949 No. 1911 (S. 131), entitled the Licensing of Boars (Application to Scotland) Order, 1949. This Instrument was made on 12th October, 1949, and fixed 24th October, 1949, as the appointed day. Prior to 24th October, 1949, I took action with regard to the licensing of boars by virtue of the Improvement of Live Stock (Licensing of Boars) (Scotland) Regulations, 1946.
§ Sir J. MellorWill the Secretary of State agree that for him to take any such action before the appointed day, which was last week, was ultra vires, and will he now say upon what statutory authority he took action?
§ Mr. WoodburnIf I took action under an Order which existed it was intra vires. The hon. Gentleman is talking about a different Order.
§ Sir J. MellorBut it was only possible to apply the provisions of the Act to pigs from a day to be appointed by the Secretary of State. That was not until last week.
§ Mr. WoodburnI must call the hon. Gentleman's attention to the fact that we make legislation here; we do not interpret it.