§ The Statutory Instruments Act 1946 shall not apply to an Order in Council under this Act.—[Mrs. Hart.]
§ Brought up, and read the First time.
§ 6.51 p.m.
§ The Under-Secretary of State for Scotland (Mrs. Judith Hart)I beg to move, That the Clause be read a Second time.
This Clause takes into account the implications of the Statutory Instruments Act, 1946, in reference to this Bill. The Bill confers on Her Majesty a power exercisable by Order in Council to confirm or approve charters or ordinances. In the terms of Section 1 of the Statutory Instruments Act, 1946 such an Order in Council approving an ordinance would be a Statutory Instrument. Up to now any ordinances affecting the four Scottish Universities have been governed by the 1889 Act but now in the Bill we have to take account of the Statutory Instruments Act, 1946, and it is not intended or even thought appropriate that a new series of Statutory Instruments should be started, to run for what is thought will be only a temporary period.
Therefore, the Clause will disapply the Statutory Instruments Act, 1946. Orders in Council approving ordinances made under the Bill will be in exactly the same position as those orders approving existing ordinances or indeed, in the same position as the statutes of chartered universities. This will affect in no way powers of Parliament to consider this. It does not change the situation. It continues the existing situation by simply disapplying the 1946 Act. It is intended that the new Clause should be inserted in the Bill after Clause 14.
§ Question put and agreed to.
§ Clause read a Second time and added to the Bill.