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This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.
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An Act to make permanent provision with respect to certain matters with respect to which temporary provision has hitherto been made by or under Defence Regulations; to suspend the operation of subsection (1) of section thirty-one of the Road Traffic Act 1934; to remove certain limitations on the exercise of the powers conferred on the court by virtue of the Settled Land and Trustee Acts (Court’s General Powers) Act 1943; to empower certain persons subject to the Naval Discipline Act to take affidavits and declarations outside the United Kingdom; to save the previous operation of Regulation fifty-five F of the Defence (General) Regulations 1939, after the revocation or expiry thereof; and for purposes connected with the matters aforesaid.
[31st July 1953]X1
C1Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3
C2Act amended by S.I. 1988/1380, reg. 3
I1Act wholly in force at Royal Assent
X1The text of ss. 1, 14(1), Sch. 1, para. 5 was taken from S.I.F. Group 40:3 (Customs and Excise: Import and Export Controls); ss. 1, 14(1), Sch. 1, para. 8 was taken from S.I.F Group 28:3 (Compulsory Acquisition: Defence Purposes); ss. 2, 14(1), Sch. 2 was taken from S.I.F. Group 129:3 (War and Emergency: Enemy Trading and Property); ss. 3, 12 to 14(1) was taken from from S.I.F. Group 51:2 (Firearms and Explosives: Explosives); ss. 5, 14(1) was taken from S.I.F Group 2:5 and 2:6 (Agriculture: Allotments, England and Wales and Allotments, Scotland); ss. 10, 14(1) was taken from S.I.F Group 7:1 (Armed Forces: Navy, Army and Air Force); provisions omitted from S.I.F have been dealt with as referred to in other commentary
The provisions set out in the First Schedule to this Act, which reproduce provisions contained in the Defence Regulations revoked by the Third Schedule to this Act, with minor modifications and adaptations and the addition of transitional provisions, shall have permanent effect.
The provisions set out in the Second Schedule to this Act, which reproduce the provisions of the Defence (Trading with the Enemy) Regulations 1940, in force at the commencement of this Act, with minor modifications and adaptations, the addition of transitional provisions and the omission of Regulation seven, shall have permanent effect, . . . F1
F1Words repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XX
(1)The Secretary of State may by order impose, in addition to those imposed in relation thereto by the M1Explosives Act 1875, such prohibitions or restrictions on the use of gunpowder and safety fuses and the transfer, whether for consideration or not, of the possession thereof or property therein as appear to him to be necessary or expedient in the public interest; and any such order may prohibit the doing of anything restricted by the order except under the authority of a licence granted by such person as may be specified in the order.
(2)The Secretary of State may by order make provision for requiring that, subject to any exemptions for which provision may be made by the order, a person who enters into a prescribed transaction with respect to an explosive to which this subsection applies shall make and shall keep for the prescribed period a record containing the prescribed particulars of the transaction and shall produce the record to such person and in such circumstances as may be prescribed.
This subsection applies to gunpowder, safety fuses and any explosive to which an Order in Council made under section forty-three of the M2Explosives Act 1875, for the time being applies, and for the purposes of this subsection the expression “prescribed” means, in relation to an order, prescribed by the order.
(3)An order under this section may make provision for any incidental or supplementary matters for which the Secretary of State thinks it expedient for the purposes of the order to provide.
(4)A person who contravenes or fails to comply with any provision of an order under this section shall be [F1guilty of an offence].
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
[F3(6)The provisions of section 50 of the M3Health and Safety at Work etc. Act 1974 shall apply to the power to make an order under this section as they apply to a power to make regulations.]
F1Words substituted by S.I. 1974/1885, art. 7(1)(a)
F2S. 3(5) repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XX
F3S. 3(6) added by S.I. 1974/1885, art. 7(1)(b)
C1S. 3 extended by S.I. 1988/1222, regs. 3 and 4
C2S.3 saved by virtue of Health and Safety at Work etc. Act 1974 (c.37, SIF 43:3), s. 53, Sch. 1 and Tay Road Bridge Order Confirmation Act 1991 (c. iv), Sch. Pt. VII s. 62
C3S. 3 saved by virtue of Health and Safety at Work etc. Act 1974 (c. 37, SIF 43:3), s. 53, Sch. 1 and Highland Regional Council (Harbours) Order Confirmation Act 1991 (c. xii), s. 61(1)(f)
M11875 c. 17.
M21875 c. 17.
M31974 c. 37.
F1S. 4 repealed by Merchant Shipping Act 1970 (c. 36), s. 100(3), Sch. 5
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 subject to the following provisions of this section, a local authority may let—
(a)for use by the tenants as allotment gardens; or
(b)to a society having as its object the cultivation of vacant land for the purpose of subletting for such use,
any land which, at the commencement of this Act, is let by them under the said Regulation sixty-two A or is appropriated for letting thereunder, notwithstanding anything in any Act (including a private or local Act) or any trust or convenant or restriction affecting the land.
(2)The powers conferred by the foregoing subsection on a local authority shall cease to be exercisable with respect to any land upon its being returned to use as part of a park or open space or otherwise appropriated for use for any purpose other than the letting thereof as mentioned in paragraph (a) or (b) of the foregoing subsection or upon its being sold or otherwise disposed of by the authority.
(3)Section six of the M1Allotments Act, 1950 (which provides that the foregoing provisions of that Act, other than those of section two, shall not apply to land let by a local authority under the said Regulation sixty-two A) shall have effect as if the reference to that Regulation included a reference to this section.
(4)In this section—
(a)the expression “allotment garden” has the same meaning as in the M2Allotments Act, 1922; and
(b)the expression “local authority” means the Common Council of the City of London, the council of a . . . F2 borough or the council of a county, . . . F3 or county district.
(5)A tenancy of land which, at the commencement of this Act, is subsisting under the said Regulation sixty-two A shall (subject, however, to the operation of any notice to quit, notice of intended re-entry or agreement to surrender previously given or made) continue in force as if it had been granted under this section.
(6)In the application of this section to Scotland—
(a)for references to the Allotments Act, 1922, to the M3Allotments Act, 1950, and to section six thereof there shall be respectively substituted references to the M4Allotments (Scotland) Act, 1922, to the M5Allotments (Scotland) Act, 1950, and to section six thereof;
(b)the expression “local authority” means [F4a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]
F1Words repealed by Statute Law (Repeals) Act 1976 (c. 16), s. 1, Sch. 1 Pt. XX
F2Word repealed by Local Government Act 1972 (c. 70, SIF 81:1), s. 272(1), Sch. 30
F3Words repealed by Local Government Act 1972 (c. 70, SIF 81:1), s. 272(1), Sch. 30
F4Words in s. 5(6)(b) substituted (S.)(1.4.1996) by virtue of 1994 c. 39, s. 180(1), Sch. 13 para. 41; S.I. 1996/323, art. 4(1)(c)
M11950 c. 31.
M21922 c. 51
M31950 c. 31.
M41922 c. 52.
M51950 c. 38.
F1S. 6 repealed by Nurses, Midwives and Health Visitors Act 1979 (c. 36), s. 23(5), Sch. 8
F1Ss. 7, 8. repealed by Road Traffic Act 1960 (c. 16), s. 267(1), Sch. 18
F1S. 9 repealed by Statute Law (Repeals) Act 1974 (c. 22); Statute Law (Repeals) Act 1976, Sch. 1 Pt. XX
(1)An officer subject to the Naval Discipline Act who is of or above the rank of lieutenant-commander or equivalent rank or relative rank [F1or is of the rank of lieutenant and is specially appointed for the purposes of this section] may, at any place outside the United Kingdom, take affidavits and declarations from any of the following persons, that is to say, persons subject to that Act and persons not so subject who are employed by or are in the service of [F2the Secretary of State for Defence for the naval purposes of his department, or are employed by or are in the service of] any of Her Majesty’s naval forces, or accompany any of such forces.
[F3(1A)An officer of the rank of lieutenant shall not be appointed to take affidavits and declarations under subsection (1) above unless he is a barrister, solicitor or advocate.]
(2)A document purporting to have subscribed thereto the signature of any such officer as aforesaid in testimony of an affidavit or declaration being taken before him in pursuance of this section, and containing in the jurat or attestation a statement of the date on which and the place at which the affidavit or declaration was taken, and of the full name and rank of that officer, shall be admitted in evidence without proof of the signature being the signature of that officer or of the facts so stated.
(3)For the purposes of this section the relative ranks of officers shall be such as may be prescribed by the Queen’s Regulations . . . F4 for the time being in force.
[F5(4)The power conferred by subsection (1) above may also be exercised by any officer empowered to take affidavits and declarations by section 204(1) of the M1Army Act 1955 or section 204(1) of the M2Air Force Act 1955.]
F1Words inserted by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 19(2)(a)
F2Words substituted by S.I. 1964/488
F3S. 10(1A) inserted by Armed Forces 1981 (c. 55, SIF 7:1), s. 19(2)(b)
F4Words repealed by S.I. 1964/488
F5S. 10(4) added by Armed Forces Act 1971 (c. 33), s. 70(4)
C1S. 10 amended (women's services) by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 20, Sch. 3 Pt. I para. 1
M11955 c. 18.
M21955 c. 19.
F1S. 11 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XX
(1)Any power conferred by this Act on the Secretary of State . . . F1 to make an order shall be construed as including a power to revoke or vary the order by a subsequent order.
(2)Any power conferred by this Act on the Secretary of State . . . F1 to make an order shall be exercisable by statutory instrument.
(3)A statutory instrument containing an order under section three, . . . F1 or eight of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F1Words repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XX
Sections three, five, six, . . . F1 of this Act . . . F2 shall not extend to Northern Ireland . . . F2
F1Words repealed by Road Traffic Act 1960 (c. 16), Sch. 18 and Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XX
F2Words repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XX
(1)This Act may be cited as the Emergency Laws (Miscellaneous Provisions) Act 1953.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
Emergency Laws (Miscellaneous Provisions) Act 1953