STATUTE LAW REVISION: SIXTEENTH ... - Law Commission

provisions may be repealed. A consequential repeal would be section 18(2) of
the Indian Independence Act 1947 which continued in force the Orders made
under the 1935 Act. The Foreign and Commonwealth Office has been consulted
and has no objection to the proposed repeals.
175 Statutory Orders (Special Procedure) Act 1945, section 8(2)
10.1 The Statutory Orders (Special Procedure) Act 1945 regulates the procedure to
be followed in connection with statutory orders that are required by statute to be
subject to special Parliamentary procedure. Section 2 of the 1945 Act provides
that no such statutory order is to be laid before Parliament until the requirements
of the enactment containing the order-making power are complied with in relation
to matters such as the publication or service of notices, the consideration of
objections and the holding of inquiries. Section 8(2) of the 1945 Act, as originally
enacted, declared for the avoidance of doubt that specified procedural
requirements relating to ministerial orders under sections 35(2) or 36(1)(d) of the
Town and Country Planning Act 1944 or under sections 12(2) or 26(6) of the
Water Act 1945 were to be deemed to be covered by section 2 of the 1945 Act.
In other words, no order under these Acts could be laid before Parliament until
the specified procedural requirements had been complied with.
10.2 Whilst the 1945 Act extends to Great Britain as a whole, the two statutes covered
by section 8(2) applied to England and Wales only and did not extend to
Scotland. Following the repeal of both statutes, section 8(2) became spent and
was indeed repealed. However, the enactments repealing section 8(2) 10 did so
only as to England and Wales. In the result, whilst the content of section 8(2)
referred to statutory provisions extending only to England and Wales and was
therefore never effective in Scotland, the subsection remains in force there. It is
proposed that it should be repealed as to Scotland on the basis that it is
unnecessary. The appropriate Parliamentary authorities and the Scottish Office
Home Department have been consulted and have no objection to the repeal.
176 Industrial Training Act 1964, section 16
10.1 Section 16 of the Industrial Training Act 1964 provides that the facilities for
further education that may be provided by a local education authority under
section 41 of the Education Act 1944 or by an education authority in Scotland
under section 1 of the Education (Scotland) Act 1962 shall be deemed to include
(and always to have included) facilities for vocational and industrial training. The
rest of the 1964 Act has now been repealed 11 leaving section 16 as the sole
surviving provision. However even section 16 no longer has any effect. It was
repealed as to Scotland by the Education (Scotland) Act 1980 12 , and repeals
contained in the Education Reform Act 1988 13 have removed its effect, without
actually repealing it, for England and Wales. The section may therefore be
10 Town and Country Planning Act 1947, section 113(2) and Schedule 9, Part II; Water Act
1989, section 190(3) and Schedule 27.
11
Agricultural Training Board Act 1982, section 11(1), Schedule 2; Industrial Training Act
1982, section 20(3), Schedule 4.
12 Section 136(3), Schedule 5.
13 Section 237(2), Schedule 13, Part II.
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