Statutory Instruments
Act, 1946
- (iii) whether any statutory instrument or class or description of such instruments is in the nature of a public Act or of a local and personal or private Act;
- (iv) whether the exercise of any power conferred by an Act passed before the commencement of this Act is or is not the exercise of a power to make a statutory rule.
(2) Every statutory instrument made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Powers to extend Act to other orders, etc. and to modify application of certain provisions thereof. 9.—(1) If with respect to any power to confirm or approve orders, rules, regulations or other subordinate legislation conferred on a Minister of the Crown by any Act passed before the commencement of this Act, it appears to His Majesty in Council that, notwithstanding that the exercise of that power did not constitute the making of a statutory rule within the meaning of the Rules Publication Act, 1893, it is expedient that the provisions of this Act should apply to documents by which that power is exercised, His Majesty may by Order in Council direct that any document by which that power is exercised after such date as may be specified in the Order shall be known as a “statutory instrument” and the provisions of this Act shall apply thereto accordingly.
(2) If with respect to any Act passed before the commencement of this Act it appears to His Majesty in Council that by reason of the exceptional nature of any provisions of that Act the application of subsection (2) of section five or subsection (2) of section six of this Act to statutory instruments made under any provisions of that Act would be inexpedient, His Majesty may by Order in Council direct that those subsections shall not apply to statutory instruments made under those provisions, or shall apply thereto subject to such modifications as may be specified in the Order.
(3) A draft of any Order in Council proposed to be made under this section shall be laid before Parliament.
Commencement of Act. 10.—(1) This Act shall come into operation on such date as His Majesty may by Order in Council appoint:
Provided that, without prejudice to the provisions of section thirty-seven of the 52 & 53 Vict. c. 63.Interpretation Act, 1889, the last foregoing section and, in relation to any Order in Council made thereunder, the provisions of sections six and seven of this Act shall come into operation on the passing of this Act.
(2) The Order in Council made under this section shall be laid before Parliament after being made.
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