Imatges de pàgina
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L13602

DEC 13 1937

PREFACE

This book contains the statutory rules and orders of a public and general character-made during 1935 and still in force at the end of the year. Similar annual volumes have been published since 1890. For a long time previously Acts of Parliament had provided for the making of Orders in Council and for delegating to Government departments and other authorities the power to make legislative rules and regulations. But it was not till 1890 that, under the direction of the Statute Law Committee and the editorship of Mr. Alexander Pulling, the yearly output of this delegated legislation was officially collected and made accessible.

Authority for Publication.-Statutory Rules and Orders are now officially registered and published under a system instituted and governed by sections 3 and 4 of the Rules Publication Act, 1893 (56 & 57 Vict. c. 66). (a) These sections are as follows:

and sale of

3-(1) All statutory rules made after the thirty-first day of December Printing, next after the passing of this Act shall forthwith after they are made numbering be sent to the Queen's Printer of Acts of Parliament, and shall, in statutory accordance with regulations made by the Treasury with the concurrence rules. of the Lord Chancellor and the Speaker of the House of Commons, be numbered, and (save as provided by the regulations) printed and sold by him.

(2) Any statutory rules may, without prejudice to any other mode of citation, be cited by the number so given as above mentioned and the calendar year.

(3) Where any statutory rules are required by any Act to be published or notified in the London, Edinburgh, or Dublin Gazette, a notice in the Gazette of the rules having been made, and of the place where copies of them can be purchased, shall be sufficient compliance with the said requirement.

(4) Regulations under this section may provide for the different treatment of statutory rules which are of the nature of public Acts, and of those which are of the nature of local and personal or private Acts; and may determine the classes of cases in which the exercise of a statutory power by any rule-making authority constitutes or does not constitute the making of a statutory rule within the meaning of this section, and may provide for the exemption from this section of any

such classes.

(5) In the making of such regulations, each Government department concerned shall be consulted, and due regard had to views of that department.

4. In this Act

"Statutory rules " means rules, regulations, or byelaws made Definitions. under any Act of Parliament which (a) relate to any court in the

a) S6. 1 and 2 of the Rules Publication Act relate to an entirely different ater, namely the notifying of proposals to make rules (s.1) and the making A provisional rules on the ground of urgency (s.2). Section 1 is not regarded applying to orders unless they take the form of rules or regulations or are subsidiary or supplementary to an Act of Parliament. Nor does section

pply to Scotland nor to all English departments; it is sometimes expressly inded by statute, and in a few cases is expressly applied.

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