Section 37 of the 1889 Act provided that where an Act was not to come into operation immediately, and it conferred power to make regulations or other instruments for the purposes of the Act, that power could be exercised at any time after the passing of the Act, ‘so far as may be necessary or expedient for the purpose of bringing the Act into operation at the date of the commencement thereof’. The term ‘commencement’ was defined by section 36 as meaning ‘the time at which the Act comes into operation’.
Held: The power conferred by section 37 was not confined to bringing the Act ‘into operation’ in the sense of bringing it into legal force, but extended to taking measures which would enable the Act to operate in practice. Section 37 gave power to take the necessary steps to set up the machinery for bringing the Act into operation as well as for doing such an act as appointing a day for the Act to come into operation.
Judges:
Tucker, Asquith, Jenkins LJJ
Citations:
[1951] 1 KB 1
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – RM v The Scottish Ministers SC 28-Nov-2012
The pursuer was held in a secure mental hospital. When moved to a highersecurity section, he challenged the move. He lost but then was unable to make an apeal as allowed iunder the 2003 Act because the Scottish Parliament had not created the . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Constitutional
Updated: 20 December 2022; Ref: scu.470870
