Odger's English Common Law

92 SUBORDINATE LEGISLATION.
oppose the bill in the ordinary way. But this seldom occurs ;
Provisional Orders are confirmed by Parliament, almost as a
matter of course. A Provisional Order has no validity till it
is confirmed; but when confirmed, it is part of an Act of
Parliament and can therefore alter, amend or repeal former
local Acts. 1
Apart from Provisional Orders, power has been conferred
by the Legislature on several of the great departments of
State to issue general rules and orders and on municipal and
other corporations to issue by-laws. Thus the Judicature Act,
1881, 2 conferred upon a committee of our judges the power
to make rules, which regulate the procedure in the High
Court of Justice and in the Court of Appeal and which have
all the force and effect of statutes. 3
Certain bodies have
also power to make rules or by-laws under the common law.
We will briefly discuss these powers under two heads :
(i.) Orders, &c, issued by departments of State.
(ii.) By-laws.
(i.) Orders, &c, issued bt Departments op State.
First and foremost among the bodies which have power to
issue orders stands the Privy Council. This influential body
has inherited some of the powers of the ancient Great Council
(Aula vel Curia Regis), from which it derives its origin.
Hence it has power, under the prerogative of the Crown and
without any authority from Parliament, to make orders with
regard to the naval and military forces, the civil service and
all matters of state ceremony. But in addition power has
often been conferred upon it by Parliament to issue orders
on special matters affecting health, trade, education, &c. 4
1 Public Health Act, 1875 (38 & 39 Vict. c. 55), s. 303 ; Local Government
Act, 1888 (51 & 52 Vict. c. 41), «. 59 (6).
2 44 & 45 Vict. c. 68, s. 19 ; and see 57 & 58 Vict. c. 16, s. 4.
3 See the Judicature Act, 1875 (38 & 39 Vict. c. 77), s. 17, as amended by the
Appellate Jurisdiction Act, 1876 (39 & 40 Vict. c. 59), s. 17. There are more
than 1,100 of these " Rules of thei Supreme Court." They are divided into 78 orders,
which are set out in a white book called " The Annual Practice."
* Thus by s. 234 of the Customs Consolidation Act, 1876 (39 & 40 Vict. c. 36),
power was given to the Privy Council to make orders as to the quarantine of
persons on board ships, which have touched at places where there is reason to
believe that some highly infectious disease or fever prevails. This power was
transferred by the Public Health Act, 1896 (59 & 60 Vict. c. 19), s. 2, to the
Local Government Board, which has also power under the Public Health (Regulations
as to Food) Act, 1907 (7 Edw. VII. c. 32), to make regulations to prevent
the importation from abroad of diseased meat.
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