HL Deb 17 July 1967 vol 285 cc135-6

8.38 p.m.

Order of the Day for the House to be put into Committee read.

Moved, That the House do now resolve itself into Committee.—(Lord Walston.)

On Question, Motion agreed to.

House in Committee accordingly.

[The LORD CHAMPION in the Chair.]

Clause 1 [Rules for testing anchors and chain cables]:

LORD DRUMALBYN moved, after subsection (1), to insert: ( ) The Board of Trade may from time to time make rules varying or revoking any of the rules referred to in the foregoing subsection.

The noble Lord said: This Amendment seeks merely to give the Board of Trade discretion to vary or revoke any of the rules which it has a duty to make under Clause 1. It seems to me that this cannot be covered by the duty that is laid upon it by Clause 1. If the wording had been "The Board of Trade may make rules" instead of "shall make rules", then, of course, under the Statutory Instruments Act no doubt it would be possible for the Board also to amend those rules, as I am sure is the intention. But as we now have purely a duty and not a mere power, it seems that there is a necessity to enable the Board to amend the rules explicitly and not simply by implication. I beg to move.

Amendment moved— Page 1, line 28, at end insert the said subsection.—(Lord Drumalbyn.)


I am grateful to the noble Lord for his good will in moving this Amendment, but I assure him that it is unnecessary, because the point is already covered by the Interpretation Act 1889. That provides in Section 32(3) that a power to make rules in an Act includes, unless the contrary intention appears, a power to revoke or vary the rules. That, I understand, covers the point completely. This applies to rules, regulations or by- laws, but it does not apply to order-making powers. Therefore it is usual, when giving powers to make orders, to add a power to vary or revoke the orders. But I understand that in this case it is completely unnecessary, and I therefore hope that the noble Lord will withdraw his Amendment.


I am very glad to hear that the Amendment is unnecessary. I beg leave to withdraw it.

Amendment, by leave, withdrawn.

Clause 1 agreed to.

Remaining Clause agreed to.

House resumed: Bill reported without amendment; Report received.