Statutory Orders (Special Procedure) Act 1945

2 Preliminary proceedings. U.K.

(1) No order to which this Act applies shall be laid before Parliament until the requirements of the empowering enactment with respect to the publication or service of notices, the consideration of objections, and the holding of inquiries or other proceedings preliminary to the making or confirmation of the order have been complied with, or, where no such requirements are imposed by that enactment, until the requirements of the First Schedule to this Act have been complied with; and after any such requirements as aforesaid have been complied with, notice of the Minister’s intention to lay the order before Parliament shall be published in the London Gazette not less than three days before the order is so laid.

(2) When any order to which this Act applies is laid before Parliament there shall, together with it, be laid before Parliament a certificate by the Minister specifying the requirements as to the matters aforesaid which relate to the order and certifying that they have been complied with. Where a local inquiry has been dispensed with in accordance with any such requirements the said certificate shall include a statement to that effect.

(3) In this section the expression “empowering enactment,” in relation to any order, includes any enactment other than this Act which has the effect of requiring the publication or service of notices, the consideration of objections or the holding of inquiries or other proceedings preliminary to the making or confirmation thereof.

Subordinate Legislation Made

P1 S. 2(3): power exercised by S.I. 1991/1140. For previous exercises of power see the Index to Government Orders.

Modifications etc. (not altering text)

C1 S. 2 extended by Water (Scotland) Act 1980 (c. 45, SIF 130), s. 99 (1)

C2 S. 2 extended (S.) (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 170), s. 161(6), Sch. 7 para. 4(2) (with s. 167(4)(5)); S.I. 1992/2990, art. 2(2), Sch. 2.

S. 2 extended (S.) (27.5.1997) by 1997 c. 8, ss. 268(2), 278(2)

C3 S. 2 (1) excluded by Civil Aviation Act 1982 (c. 16, SIF 9), s. 46 (6)

C4 S. 2 (1) modified (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), ss. 5 (5), 7 (9), 76, 77, 128 (1), Sch. 1 para. 19 (a)