HC Deb 12 March 1951 vol 485 cc123-5W
108. Sir J. Mellor

asked the Chancellor of the Exchequer if he will identify the powers enabling, other than those specified, to which reference is made in Statutory Instrument, 1951, No. 271; and why these are not identified in the Instrument.

Mr. Jay

The powers enabling, other than those specified, to which reference is made in Statutory Instrument, 1951, No. 271 are provisions of the general statute law or overriding provisions such as those embodied in the Statute 12 and 13 Viet. Cap 89, governing the signature of Treasury Instruments by two of the Lords Commissioners. The reference to other powers enabling is a formula which is usually and properly employed in Statutory Instruments to comprehend such ancillary powers as are or might be brought into play when a specific power is exercised.

112. Sir J. Mellor

asked the Minister of Local Government and Planning if he will identify the powers enabling, other than those specified, to which reference is made in Statutory Instrument, 1951, No. 261; and why these are not identified in the Instrument.

Mr. Lindgren

The reference to other powers beyond those specified is a formula which is usually and properly employed in Statutory Instruments to comprehend such ancillary powers as are or might be brought into play when a specific power is exercised.

113. Sir J. Mellor

asked the Minister of Labour if he will identify the powers enabling, other than those specified, to which reference is made in Statutory Instrument, 1951, No. 272; and why these are not identified in the Instrument.

Mr. Bevan

The only specific statutory powers under which this Order is made are those conferred by Section 10 of the Wages Councils Act, 1945, and referred to in the Order. The reference to other powers, as already explained in the answer to a similar Question on Friday last, is a formula which is customarily used to comprehend any ancillary powers. It is by way of a legal precautionary device.

Sir J. Mellor

asked the Secretary of State for the Colonies if he will identify the powers enabling, other than those specified, to which reference is made in Statutory Instruments, 1951, Nos. 328, 329 and 330; and why these are not identified in the Instruments.

Mr. J. Griffiths

The reference to powers other than those specified is a formula which is usually and properly employed in Statutory Instruments to comprehend such ancillary powers as are or might be brought into play when a specific power is exercised. These ancillary powers are provisions of the general statute law (for instance, in the Interpretation Act and the Statutory Instruments Act) or the prerogative powers of the Crown. To identify all the ancillary powers which might be relevant in each particular Statutory Instrument would be liable to confuse anyone having occasion to refer to the instrument.

Sir J. Mellor

asked the Minister of Agriculture if he will identify the powers enabling, other than those specified, to which reference is made in Statutory Instrument, 1951, No. 318; and why these are not identified in the Instrument.

Mr. T. Williams

The only specific statutory powers under which this Order in Council is made are those conferred by Section 3 of the Supplies and Services (Transitional Powers) Act, 1945 (as extended by the Supplies and Services (Extended Purposes) Act, 1947, and continued in force by the Supplies and Services (Continuance) Order, 1950), and referred to in the opening words of the Order in Council. The reference to other powers is a formula which is usually and properly employed in Statutory Instruments to comprehend such ancillary powers as are or might be brought into play when a specific power is exercised. These ancillary powers are provisions of the general statute law (for instance, in the Interpretation Act and the Statutory Instruments Act), or in the case of an Order in Council such as this—such powers as may derive from the Royal Prerogative.

Sir J. Mellor

asked the Secretary of State for the Home Department why there is no explanatory note to Statutory Instrument, 1951, No. 286, seeing that the Instrument is unintelligible without reference to another Instrument.

Mr. Ede

It was thought that the subject of the Regulation was sufficiently indicated in the text, namely, transfer payments by authorities formerly responsible for pensions to fire authorities who are now responsible.