Odger's English Common Law

STATE DEPARTMENT ORDERS. 93
Most of our Government departments such as the Board of
Trade and the Board of Education were originally committees
of the Privy Council. 1
The Local Government Board has large legislative powers.
Its orders, rules and regulations have iu many cases the force
and effect of a statute. This legislative power of the Board in
poor-law matters is subject to a threefold control. In the first
place, a copy of every general rule, order or regulation issued
by it must be laid before both Houses of Parliament as soon
as practicable after its publication. Secondly, the King may,
by the advice of his Privy Council, disallow a general rule or
any part of it, which will then cease to be of any further
force or validity. Lastly, there is a power, little known and
seldom, if ever, exercised, to bring any rule, order or regula-
tion of the Board before a Court of law and have it declared
illegal and ultra vires. But no rule, order or regulation of
the Board comes into operation until fourteen days after it
has been published, though it may be acted on within the
fourteen days. And at any time within a year after it has
been published, any person aggrieved may apply to the High
Court of Justice to have the rule, order or regulation quashed.
Till it is quashed, however, the rule remains in force, in spite
of the application.
The Board of Trade possesses large administrative
powers. 2
It deals with a vast number of most important
matters, such as bankruptcy, companies, 3 copyright, trade
marks, harbours, railways and canals. It regulates light railways
and tramways, and grants licences to local authorities
under the Electric Lighting Acts, 1882 and 1888. 4 The
Board of Agriculture and Fisheries also has power to issue
orders and regulations. 5
It has inherited all the powers of
the Land Commissioners under the Settled Land Act, 1882, 6
1 See Odgers on Local Government, 2nd ed., Chap. XII.
2 See 25 & 26 Vict. c. 69, Interpretation clause.
3 See, for instance, the Companies (Winding-up) Rules dated Marchi 29, 1909,
made pursuant to the Companies (Consolidation) Act, 1908 (8 Edw. VII. c. 69),
and signed by the Lord ChanceUor and the President of the Board of Trade.
* 46 & 46 Vict. c. 56, as amended by 51 & 52 Vict. c. 12
5 The Board of Agriculture was created in 1889, by the 52 &oi Vict. c. dU_
It became the Board of Agriculture and Fisheries in 1903 by the 3 Edw. VII. c. 3L
6 45 & 46 Vict. c. 38, s. 48.