§ Question proposed, That the Clause stand part of the Bill.
§ 11.39 a.m.
§ Mr. Graham Page (Crosby)Clause 36 is the Clause which repeals certain Statutes and makes certain saving. Subsection (1) states that
the enactments mentioned in Schedule 3 to this Act are hereby repealed".Schedule 3 sets out three Statutes and part of a fourth. In the table of comparisons, at least eight Statutory Instruments are mentioned as being subjects from which Clauses of the Bill have been derived: that is to say, existing law which has been consolidated in the Bill.In previous Consolidation Bills, the repeal Schedule has mentioned Statutory Instruments which have been consolidated and which were repealed by the Consolidation Measure. The problem is even more puzzling when one considers subsection (2), which is the savings subsection, and which says:
Nothing in this repeal shall effect any instrument made or any other thing whatsoever done under any enactment repealed by this Act …".The Statutory Instruments in the Table of Comparison were made under Statutes repealed by this Act. They seem to be saved under subsection (2). Although we are told that they are consolidated elsewhere in the Bill, they do not appear as repealed in the Schedule of repeals, but seem to be kept alive by subsection (2). I should like an explanation of this point.
§ The Solicitor-General (Sir Dingle Foot)As the hon. Member for Crosby (Mr. Graham Page) has said, the Schedule refers to certain Orders, as distinct from Statutes, and they are not repealed. But they are Transfer of Functions Orders, which, in so far as we are 1448 repeating the appropriate legislation, are spent. There is a number of these Orders under this Bill and under the Bill which we shall consider in a moment, which provide not merely for the transfer of functions but also for certain consequential matters.
They provide for the transfer from one Ministry to another of rights and liabilities and also for a reference to documents, which matters would not be covered by the Bill. If we repealed part of these Instruments, the rest of the Instruments would be extremely difficult to construe. Therefore, these Instruments have not been repealed but left in effect. As the hon. Gentleman said, they are saved by Clause 36(2). This is why the Bill has been arranged in this way. I hope that that explanation is sufficient.
§ Mr. Graham PageI am grateful for that explanation, but it seems not to cover one of the Statutory Instruments, that from which paragraph (3) of Schedule 2 is derived, the British South American Airways Corporation (Dissolution) Order, 1952. That seems to be completely spent and might have been included in the Schedule of Repeals.
§ The Solicitor-GeneralI have not the particular Order with me, but I think that the hon. Gentleman will find that the explanation applies.
§ Question put and agreed to.
§ Clause ordered to stand part of the Bill.
§ Clause 37 ordered to stand part of the Bill.