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250. Wt. 44. 12/08 D & S. 32, 9198.
The arrangement of the matter in this volume and in those for each of the years 1894 to 1907 inclusive, as well as the authority under which they are published, differ from those of the previous annual volumes of Statutory Rules and Orders in consequence of the passing of the Rules Publication Act, 1893, ss. 3 and 4 of which are as follows :
3.-(1.) All statutory rules made after the thirty-first day of Printing, December next after the passing of this Act shall forth with numbering, after they are made be sent to the Queen's Printer of Acts of statutory Parliament, and shall, in accordance with regulations made by rules. the Treasury, with the concurrence 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 rulemaking 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 the views of that department.
4. In this Act-
under any Act of Parliament which (a) relate to any court
or to any fees or matters applying
or a Secretary of State, the Admiralty, the Board of Trade, the Local Government Board for England or Ireland, the Chief Secretary for Ireland, or any other Government
department. “Rule-making authority” includes every authority authorised
to make any statutory rules. Regulations were made under section 3 by the Treasury, with the concurrence of the Lord Chancellor and the Speaker of the House of Commons, and will be found at p. 415 of the Volume for 1894.
The Statute Law Committee, through whom the former volumes were published, having ceased to be responsible in the matter, the present volume is edited (as were the volumes for the years 1894 to 1907) on behalf of the King's Printer of Acts of Parliament, with the advice of a Committee appointed by the Treasury, the Lord Chancellor, and the Speaker of the House of Commons.
The contents of the volume are necessarily compiled in agreement with the requirements of the Act and regulations. Although (according to the Regulations) (No. 3) the plan of the previous volumes of Statutory Rules and Orders has been adopted as a practical guide for the new volume, yet in some cases (e.g., those coming within Regulation 2 and Regulation 13) documents which would have been printed under the former plan have been omitted from the present issue.
The volume is, like its predecessors, strictly limited to Statutory Rules which are authorised by specific Acts of Parliament, and with one exception does not extend to any orders, rules, or regulations which are made independently of any statutory power.
The exception is that the Editor has been authorised to add an Appendix containing certain Orders in Council, Letters Patent, &c., which although not made in pursuance of a statutory power have legislative effect in parts of the British dominions.
The volume is also limited to Orders of public and general interest, and does not contain those of a local, personal, or temporary character. In accordance with Regulation 5, the distinction between public and local Orders follows in the main the distinction recognised between those two classes of Acts.
At the commencement of the volume there is a table of the Statutory Rules arranged under the names of the Government Departments principally concerned in making them.
At the end of the volume a classified list is given of the Orders of a local character made during 1908 ; a list of temporary Statutory Rules which have been excluded from publication in the volume under Regulation 12, an Index to the Orders of a public and general character made during 1908, to
the Orders in the Appendix and to the headings of the classified list of local Orders, and a Table showing the effect of the “ Orders” of this last class on the similar Orders of previous years.
All the Public and General Orders which are printed at length in this volume and a large number of the Local Orders enumerated in the Classified List* have been put on sale by the King's Printer in a separate form and the number given to the Order, in accordance with Regulation 6, is printed on each Order in addition to the calendar year of registration.
Orders which relate to procedure or fees in courts in England and Wales bear also a second number, prefixed by the letter “L,” denoting that they form part of the Legal Series. All Orders relating solely to Scotland bear a second number prefixed by the letter “S,” denoting that they form part of the Scottish Series.
Copies of the Orders so put on sale can be obtained through the agents for the sale of Stationery Office publications by ordering them by their numbers, or as regards the Legal, or Scottish Series, either by these numbers, or by the second numbers, or by ordering the whole of a series.
The volume is edited by Alexander Pulling, Esq., 2, Harcourt Buildings, Temple (assisted by E. W. Martindell
, Esq.), and any suggestions or corrections respecting the volume may be addressed to him.
A new (second) edition of “ The Statutory Rules and Orders Revised," containing all Orders of a Public and General Character in force on December 31st, 1903, was published in 1904. This edition supersedes the Annual Volumes of Orders of 1900 to 1903. The Table (above referred to) shewing the effect of the Orders of 1908 on those of previous years and the similar tables to the Volumes for 1904 to 1907 are arranged as to facilitate the revision of this edition to December 31, 1908.
A new (fifth) edition of “ The Index to the Statutory Rules and Orders,” giving references to every statutory provision authorising the making of Statutory Rules and Orders and to the Statutory Rules and Orders in force under such authorities on December 31st, 1906, was published in 1907.
The system of arrangement of these works, which are also edited by Mr. Pulling, are similar to those of the former editions, which they supersede.
A note will be found at the head of each class in this list stating whether the Orders enumerated therein have or have not been put on sale.