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APPENDIX OF PREROGATIVE ORDERS; CLASSIFIED
LIST OF LOCAL ORDERS; TABLES SHEWING
PRINTED AND PUBLISHED BY HIS MAJESTY'S STATIONERY OFFICE.
To be purchased directly from H.M. STATIONERY OFFICE at the following addresses:
Adastral House, Kingsway, London, W.C.2; 120, George Street, Edinburgh;
York Street, Manchester; 1, St. Andrew's Crescent, Cardiff;
Price £1 5s. Od. Net,
This book contains the statutory rules and orders of a public and general character made during 1928 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 :-
3.-(1.) All statutory rules made after the thirty-first day of Printing, December next after the passing of this Act shall forthwith after numbering and sale of they are made be sent to the Queen's Printer of Acts of Parliament, statutory and shall, in accordance with regulations made by the Treasury with rules. 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 Lordon, 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 the 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 United Kingdom, or to the procedure, practice, costs, or fees therein, or to any fees or matters applying generally throughout England, Scotland, or Ireland, or (b) are made by Her Majesty in Council, the Judicial Committee, the Treasury, the Lord Chancellor of Great Britain, or the Lord Lieutenant or the Lord Chancellor of Ireland, or a Secretary of State, the Admiralty,
(a) Ss. 1 and 2 of the Rules Publication Act relate to an entirely different matter, namely the notifying of proposals to make rules (s.1) and the making of provisional rules on the ground of urgency (s.2). Section 1 does not apply to orders; nor does it apply to Scotland nor to all English departments; it is sometimes expressly excluded by statute, and in a few cases is expressly applied.
the Board of Trade, the Local Government Board for England
"Rule-making authority" includes every authority authorised
It will be observed that the definition of what constitutes a statutory rule for the purpose of the system of official publication under section 3 rests not only on the terms of section 4 but also on the Regulations to be made under section 3 subs. (4). Regulations were made in 1894 by the Treasury with the concurrence of the Lord Chancellor and the Speaker of the House of Commons. (a) In effect they bring within the scope of section 3
every exercise of a statutory power by a rule-making authority which is of a legislative and not an executive character," provided that such exercise is direct and immediate and is not merely confirmatory. The word "rule" therefore may, for the purpose of section 3, include an order or a regulation or any kind of document of a legislative character issued by a rulemaking authority under statutory power.
Contents of Volume.-The present volume, compiled in agreement with the terms of the Act and the Treasury Regulations, contains, with one exception, no orders, rules or regulations made otherwise than under the specific authority of a statute or Church Assembly Measure. The exception is that the Editor has been authorised to add an Appendix containing prerogative Orders in Council, Letters Patent, &c., relating to the constitutions of Overseas Dominions, to colonial currency, and to appeals to the Judicial Committee.
In obedience to the Treasury Regulations this volume does not contain
(1) Temporary rules which have ceased to be in force by the
(these are recorded in the list which forms Table B
(2) Local rules:
(a classified list of these is printed at the end of
(3) Rules not made by, but merely confirmed by, a rule-
(for example bye-laws made by a railway company
(a) See S.R. & O. Rev., 1904, XI, Statutory Rule, p. 1.
(5) Rules of which the publication is considered unnecessary by reason of their annual or other periodical renewal : (for example, education codes).
Among other classes of subordinate or delegated legislation which lie outside the scope of the system of publication instituted by section 3, and which are therefore excluded from the text of this volume, are—
(i) Provisional Rules made on the ground of certified urgency or other special reason under section 2 of the Rules Publication Act:
(these, though provisional, have as much force as statutory rules published under section 3, but they are not included as they are required to be superseded by rules in final form as early as possible; endeavour is made to insert a note of their date and purport and to index them in this volume, so far as information regarding them is available);
(ii) Provisional Orders (to be distinguished from the foregoing) scheduled to Provisional Order Confirmation Bills, and having no validity till confirmed by Par
(these, when confirmed, are printed in the series of Local and Private Acts and may be traced by means of the annual index thereto);
(iii) Church Assembly Measures made under the Church of England Assembly (Powers) Act of 1919:
(these are published in separate form by H.M. Stationery Office(a); rules and orders made under the authority of a Measure are, however, treated as S.R. & O. and included in this volume as though they had been made under an Act of Parliament); (iv) Departmental legislation by the Governments of the Irish Free State and of Northern Ireland (b) upon subjects wholly within the legislative competence of those countries.
At the end of the volume, as already in part stated, will be found
(a) a classified list of the local rules and orders made during
(a) A collected edition, containing the Measures of the years 1920 to 1925, was published in 1926 by H.M. Stationery Office. The Measures of 1926 and subsequent years are printed in the volume of Public General Acts of those years.
(b) An official series of S.R. & O. of Northern Ireland is published in Belfast. Northern Ireland has passed its own Rules Publication Act (15 & 16 Geo. 5. c. 6 (N.I.)).