HC Deb 19 June 1950 vol 476 cc75-6W
132. Sir J. Mellor

asked the Minister of Fuel and Power if he will define the powers, other than Section 16 (2) of the Motor Spirit (Regulation) Act, 1948, enabling the making of S.I. 1950, No. 870, and in particular, the proviso to paragraph 2 thereof; and why the Order enable legal proceedings to be commenced or continued notwithstanding the expiry of the said Act, when he had already undertaken that prosecutions would be withdrawn.

Mr. P. Noel-Baker

In accordance with an almost invariable practice, the words "and of all other powers enabling him" were included in the Order in Council mentioned by the hon. Member, but I am advised that, in fact, the Order rests entirely on Section 16 (2) of the Motor Spirit (Regulation) Act, 1948. I have neither given, nor could I give, any undertaking that all prosecutions would be withdrawn and it would not be in accordance with the general rules of law to prevent proceedings being brought in respects of acts that, when done, were offences against the law.