Emergency Laws (Miscellaneous Provisions) Act 1953

1 Permanent enactments of provisions contained in certain Defence Regulations. U.K.

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.

2 Permanent enactment of provisions of Defence (Trading with the Enemy) Regulations 1940. U.K.

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

Textual Amendments

F1 Words repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XX

3 Extension of control of certain explosives. E+W+S

F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 S. 3 repealed (26.4.2005) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082), regs. 1(1), 28(1)(2), Sch. 5 para. 8(2), Sch. 6

4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 U.K.

Textual Amendments

F3 S. 4 repealed by Merchant Shipping Act 1970 (c. 36), s. 100(3), Sch. 5

5 Power of local authorities to continue to let certain land for use as allotment gardens. E+W+S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 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 M1 Allotments 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 M2 Allotments Act, 1922; and

(b) the expression “local authority” means the Common Council of the City of London, the council of a . . . F5 borough or the council of a county, . . . F6 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 M3 Allotments Act, 1950, and to section six thereof there shall be respectively substituted references to the M4 Allotments (Scotland) Act, 1922, to the M5 Allotments (Scotland) Act, 1950, and to section six thereof;

(b) the expression “local authority” means [F7 a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]

Textual Amendments

F4 Words repealed by Statute Law (Repeals) Act 1976 (c. 16), s. 1, Sch. 1 Pt. XX

F5 Word repealed by Local Government Act 1972 (c. 70, SIF 81:1), s. 272(1), Sch. 30

F6 Words repealed by Local Government Act 1972 (c. 70, SIF 81:1), s. 272(1), Sch. 30

F7 Words 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)

Marginal Citations

M1 1950 c. 31.

M2 1922 c. 51

M3 1950 c. 31.

M4 1922 c. 52.

M5 1950 c. 38.

6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 E+W+S

Textual Amendments

F8 S. 6 repealed by Nurses, Midwives and Health Visitors Act 1979 (c. 36), s. 23(5), Sch. 8

7, 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9 U.K.

Textual Amendments

F9 Ss. 7, 8. repealed by Road Traffic Act 1960 (c. 16), s. 267(1), Sch. 18

9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 U.K.

Textual Amendments

F10 S. 9 repealed by Statute Law (Repeals) Act 1974 (c. 22); Statute Law (Repeals) Act 1976, Sch. 1 Pt. XX

10 Power of certain officers to take affidavits, &c. U.K.

(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 [F11 or 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 [F12 the 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.

[F13 (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 . . . F14 for the time being in force.

[F15 (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 M6 Army Act 1955 or section 204(1) of the M7 Air Force Act 1955.]

Textual Amendments

F11 Words inserted by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 19(2)(a)

F12 Words substituted by S.I. 1964/488

F13 S. 10(1A) inserted by Armed Forces 1981 (c. 55, SIF 7:1), s. 19(2)(b)

F14 Words repealed by S.I. 1964/488

F15 S. 10(4) added by Armed Forces Act 1971 (c. 33), s. 70(4)

Modifications etc. (not altering text)

C1 S. 10 amended (women's services) by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 20, Sch. 3 Pt. I para. 1

Marginal Citations

M6 1955 c. 18.

M7 1955 c. 19.

11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16 U.K.

Textual Amendments

F16 S. 11 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XX

12 Provisions as to orders. U.K.

(1) Any power conferred by this Act on the Secretary of State . . . F17 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 . . . F17 to make an order shall be exercisable by statutory instrument.

(3) A statutory instrument containing an order under section F18 . . . eight of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F17 Words repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XX

F18 Words in s. 12(3) repealed (26.4.2005 with application as mentioned in reg. 3 of the repealing S.I.) by The Manufacture and Storage of Explosive Regulations 2005 (S.I. 2005/1082), regs. 1(1), 28(1)(2), Sch. 5 para. 8(3), Sch. 6

13 Application to Northern Ireland. U.K.

Sections F19 . . . five, six, . . . F20 of this Act . . . F21 shall not extend to Northern Ireland . . . F21

Textual Amendments

F19 Word in s. 13 repealed (26.4.2005 with application as mentioned in reg. 3 of the repealing S.I.) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082), regs. 1(1), 28(1)(2), Sch. 5 para. 8(4), Sch. 6

F20 Words repealed by Road Traffic Act 1960 (c. 16), Sch. 18 and Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XX

F21 Words repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XX

14 †Short title and repeal. U.K.

(1) This Act may be cited as the Emergency Laws (Miscellaneous Provisions) Act 1953.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

Textual Amendments

F22 S. 14(2) repealed by Statute Law (Repeals) Act 1974 (c. 22), s. 1, Sch. Pt. X and expressed to be repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XX

Modifications etc. (not altering text)

C2 Unreliable marginal note