HL Deb 23 November 1949 vol 165 cc947-9

4.5 p.m.

LORD SHEPHERD

My Lords, the Motion that stands in my name on the Order Paper takes the form of a Prayer to His Majesty asking that the measures set out in the table should, so far as orders are concerned, be subject to the Statutory Orders (Special Procedure) Act, 1945. The main difference is that at present orders issued come under the Provisional Order procedure, which is longer

TABLE
Session and Chapter Short Title of Statute Sections and Subsections of Statute Subject matter
24 & 25 Vict, c. 45, and 1 Edw. 8. & 1 Geo. 6. c. 28. The General Pier and Harbour Act, 1861, as modified by the Harbours, Piers and Ferries (Scotland) Act, 1937. Section 15 of the Act of 1861 as modified by sections 4 and 5 (1) of the Act of 1937. Construction of marine works.
31 & 32 Vict. c. 45. The Sea Fisheries Act, 1868 Sections 29 and 39. Oyster and mussel fisheries.
38 & 39 Vict. c. 55. The Public Health Act, 1875 Paragraph (5) of section 297 and section 303. Repeal and amendment of local Acts, &c.
5 Edw. 7. c. 23, and 14 & 15 Geo. 5. c. 20. The Marriages Validity (Provisional Orders) Acts, 1905 and 1924. Section 1 of the Act of 1905, as extended by section 1 of the Act of 1924. Validation of marriages.
13 & 14 Geo. 5. c. 16. The Salmon and Freshwater Fisheries Act, 1923. Section 16 (3) and (4). Compulsory purchase or hiring by fishery boards.
Section 37. Regulation of fisheries.
Section 55 (2). Pollution of waters.
15 Geo. 5. c. 15, 20 & 21 Geo. 5.c. 40, and 25 & 26 Geo. 5. c. 41. The Housing (Scotland) Acts, 1925, 1930 and 1935. Section 10 (1) of the Act of 1930 and section 15 (1) of the Act of 1935 as read with section 86 of the Act of 1925. Compulsory purchase orders relating to commons, open spaces and allotments.
20 & 21 Geo. 5. c. 44. The Land Drainage Act, 1930. Section 2 (2). Catchment areas.
Section 4 (3). Schemes for Catchment Boards.
Section 8 (3). Variation of awards.
Section 11. Transfer of functions to Catchment Boards.
Section 17 (1) and (2). Drainage districts and drainage boards.
Section 41 (1). Variation of navigation rights.
23 & 24 Geo. 5. c. 51. The Local Government Act, 1933. Section 112(1). Union of districts for appointment of medical officers of health.
Section 270(1). Transfers of functions to county or county borough councils.
Paragraph (e) of subsection (1) of section 285. Repeal and amendment of Acts confirming provisional orders.
Section 293 (2). Application of provisions of Act to joint boards and joint committees.

and more expensive. It would be easier, therefore, if they could be placed under the measure I have just mentioned. I beg to move.

Moved, That an humble Address be presented to His Majesty, praying that the provisions of the Statutory Orders (Special Procedure) Act, 1945, be applied to orders hereafter to be made under any of the enactments specified in the following table, in substitution for the provisions of any such enactment providing that such orders shall be provisional only and shall not have effect until confirmed by Parliament.

Session and Chapter Short Title of Statute Sections and Subsections of Statute Subject matter
26 Geo. 5. & 1 Edw. 8. c. 49. The Public Health Act, 1936 Section 2 (2). Constitution of port health districts.
Section 6 (1). Union of districts.
Section 9 (2). Amendment and revocation of orders as to port health districts, union of districts and joint boards.
Section 109 (2). Exemption of industrial processes from provisions as to nuisances.
Section 314. Amendment of orders relating to port health authorities and joint boards.
26 Geo. 5. & 1 Edw. 8. c. 51. The Housing Act, 1936 Sections 29 (1), 36 (1) and 38 (2) as modified by section 143. Compulsory purchase orders relating to commons, open spaces and allotments.
2 & 3 Geo. 6. c. 40. The London Government Act, 1939. Sections 165 (1) and 166 (1) and (3). Transfers of functions between public authorities.
Section 188 (1) (e). Repeal and amendment of Acts confirming provisional orders.

—(Lord Shepherd)

On Question, Motion agreed to: the said Address to be presented to His Majesty by the Lords with White Staves.