Clause 15.—(SHORT TITLE, INTERPRETATION, REPEALS, SAVINGS AND COMMENCEMENT.) (Hansard, 10 May 1967)

§ Mr. Graham Page (Crosby)
Much the same point arises on this Bill as we discussed on the previous Consolidation Measure, but in a different way. Clause 15 is the repeal and savings Clause. Subsection (3) repeals three Statutes, and there is no Schedule of repeals. Three Statutory Instruments are mentioned in the Table of Comparison as subjects from which certain Clauses have been derived. Perhaps the Solicitor-General will explain why those are not repealed.
I raised on Second Reading the question of the wording of the savings Clause and whether this effected the evidently intended savings, that is, keeping alive previous Instruments, particularly Statutory Instruments. Subsection (4) begins with the words: Any approval, consent or direction … The House will recollect that, on the last Bill we were discussing, the words "any Instrument" were used. I am puzzled by the different wording in this Measure. It may mean exactly the same thing and perhaps the Solicitor-General is satisfied. But we have got used to the word "Instrument" as referring to Statutory Instruments which have been made under previous Measures, consolidated in a Consolidation Bill, and kept alive by the use of that phrase The phrase Any approval, consent or direction does not seem to include Statutory Instruments And why is it necessary to have the breathing space provided by subsection (8) of … one month beginning with the day on which it is passed"?

§ The Solicitor-General (Sir Dingle Foot)
The explanation for the form of the Bill and for the reference to certain Orders on the table in the Schedule is the same as I gave when we were discussing the last Measure, and perhaps I need not repeat that explanation.
The hon. Member for Crosby (Mr. Graham Page) referred to subsection (4). Here, we are not merely dealing with Statutory Instruments. Because of the nature of the subject matter under the earlier Acts, approval, consents or directions may have been given and, therefore, it is necessary to save that in this Measure. The hon. Gentleman quoted the first few words of the subsection, but it states: Any approval, consent or direction given, any appointment made or any other thing done under or by virtue of any provision of the said Acts shall be deemed … I advise the House that the words "any other thing done" cover Statutory Instruments, with the result that Statutory Instruments are saved by this subsection.
The hon. Member for Crosby then referred to subsection (8), which states: This Act shall come into force at the expiration of the period of one month beginning with the day on which it is passed". It would, of course, be possible to provide that the Bill should come into force on the day it becomes an Act, upon receiving the Royal Assent. It is, however, a matter of administrative convenience when dealing with Measures of this sort to have a certain breathing space so that those who must administer the Measure can familiarise themselves with it in its new form. It is a good thing for them to have it on their desks so that everybody concerned may know the new Statute under which they must operate before it comes into force.
That is why this is quite a common tradition in consolidation Measures, and I therefore invite the House to accept it.

§ Mr. Graham Page
I am grateful to the right hon. and learned Gentleman for that explanation It is with some defer- 1452 ence and respect that I question his interpretation of subsection (4). If he is hoping to include Statutory Instruments in the words "any other thing done" following the words Any approval, consent or direction given … I think that he is stretching the ejusdem generis rule rather beyond its usual interpretation. I cannot be satisfied with that explanation and I hope that more definite words will be used in future in consolidation Measures.

§ Sir Frank Pearson (Clitheroe)
I hope that the Solicitor-General can give me two assurances. Clause 6 is concerned with temporary borrowing powers. Could I have an assurance that the figure of £250,000 mentioned therein is exactly the same as that mentioned in the original Act and that the right hon. and learned Gentleman has not thought it necessary to raise the figure to meet modern requirements?
Clause 11 deals with certain powers in regard to projects sponsored by Government Departments and, in that provision, the Post Office is particularly excluded. Was the Post Office particularly excluded in the original Act?

§ The Solicitor-General
I did not know that these points would be raised. Had I realised it I would have been able to provide a fuller reply.
If the hon. Member for Crosby will look at the Report of the Joint Committee he will see that the Committee reported that this Measure was pure consolidation, which means that the law is precisely what it was. It is only the form of the law, and not its substance, which is being changed.