Emergency Powers (Defence) Act 1939
| Act of Parliament | |
 | |
| Long title | An Act to confer on His Majesty certain powers which it is expedient that His Majesty should be enabled to exercise in the present emergency; and to make further provision for purposes connected with the defence of the realm. |
|---|---|
| Citation | 2 & 3 Geo. 6. c. 62 |
| Territorial extent | United Kingdom[a] |
| Dates | |
| Royal assent | 24 August 1939 |
| Other legislation | |
| Repealed by | Emergency Laws (Repeal) Act 1959 |
Status: Repealed | |
The Emergency Powers (Defence) Act 1939 (2 & 3 Geo. 6. c. 62) was emergency legislation passed just prior to the outbreak of World War II by the Parliament of the United Kingdom to enable the British government to take up emergency powers to prosecute the war effectively. It contained clauses giving the government wide powers to create Defence Regulations by Order in Council. These regulations government almost every aspect of everyday life in the country during the War. Two offences under the regulations were punishable with death.[1]
Passage
The Act was passed in reaction to the Nazi–Soviet Pact of 23 August 1939 and provided the government with powers from 24 August 1939. It was originally intended to be in force for only one year,[2] and made general provision for prosecuting the war effort. In particular, it provided for the following:
1. (1) Subject to the provisions of this section, His Majesty may by Order in Council make such Regulations (in this Act referred to as "Defence Regulations") as appear to him to be necessary or expedient for securing the public safety, the defence of the realm, the maintenance of public order and the efficient prosecution of any war [in which] His Majesty may be engaged, and for maintaining supplies and services essential to the life of the community.
(2) Without prejudice to the generality of the powers conferred by the preceding subsection, Defence Regulations may, so far as appears to His Majesty in Council to be necessary or expedient for any of the purposes mentioned in that subsection:-
(a) Make provision for the apprehension, trial, and punishment of persons offending against the Regulations and for the detention of persons whose detention appears to the Secretary of State to be expedient in the interests of the public safety or the defence of the realm;
(b) authorise -
- (i) the taking of possession or control, on behalf of His Majesty, of any property or undertaking;
- (ii) the acquisition, on behalf of His Majesty, of any property other than land;
(c) authorise the entering and searching of any premises; and
(d) provide for amending any enactment, for suspending the operation of any enactment, and for applying any enactment with or without modification.
Defence Regulations
The main Defence Regulations were the Defence (General) Regulations 1939 (S.R.& O. 1939/927), which were amended at various points throughout the war and included Defence Regulation 18B, which provided a framework for internment. Other Defence Regulations covered narrower fields of life such as the Defence (Finance) Regulations 1939 and the Defence (Armed Forces) Regulations 1939 (S.R.& O. 1939/1304).
The Defence Regulations were Orders in Council and could amend any primary or secondary legislation within the limits of the enabling Acts to allow the effective prosecution of the war.
Enforcement
Originally the regulations did not create any capital offences, since the law of treason was thought to be sufficient. Defence Regulation 2A provided that "If, with intent to assist the enemy, any person does any act which is likely to assist the enemy or to prejudice the public safety, the defence of the realm or the efficient prosecution of the war, he shall be liable to penal servitude for life."[3]
However, in 1940 amendments to the regulations created two capital offences: "forcing safeguards" (breaking through roadblocks etc.) under regulation 1B, and looting under regulation 38A.[4] A third new capital offence, called treachery, was created soon afterwards by the Treachery Act 1940.
Emergency Powers (Defence) Act 1940
| Emergency Powers (Defence) Act 1940 | |
|---|---|
| Act of Parliament | |
| |
| Long title | An Act to extend the powers which may be exercised by His Majesty under the Emergency Powers (Defence) Act, 1939. |
| Citation | 3 & 4 Geo. 6. c. 20 |
| Dates | |
| Royal assent | 22 May 1940 |
| Other legislation | |
| Relates to | Emergency Powers (Defence) Act 1939 |
| Emergency Powers (Defence) (No. 2) Act 1940 | |
|---|---|
| Act of Parliament | |
| |
| Long title | An Act to remove doubts as to the extent of the powers which may be exercised by His Majesty under the Emergency Powers (Defence) Act, 1939. |
| Citation | 3 & 4 Geo. 6. c. 45 |
| Other legislation | |
| Relates to | Emergency Powers (Defence) Act 1939 |
The Emergency Powers (Defence) Act 1940 (3 & 4 Geo. 6. c. 20) extended the 1939 Act for another year, and provided for annual extensions by parliamentary resolution.[2] It significantly extended the government's powers under the Defence Regulations to require persons "to place themselves, their services and their property at the disposal of His Majesty."[2]
The Emergency Powers (Defence) (No. 2) Act 1940 (3 & 4 Geo. 6. c. 45) enabled the creation of special courts to administer criminal justice in war zones, as well as authorizing them to punish offenders for violating the Defence Regulations.[5]
Continuance and repeal
After the end of the war, the Defence Regulations were continued in force by the Supplies and Services (Transitional Powers) Act 1945 (9 & 10 Geo. 6. c. 10) and later by the Emergency Laws (Transitional Provisions) Act 1946.[6] The last significant regulations to be in force before the passage of the Emergency Laws (Repeal) Act 1959[7] were:[8]
- No. 55 (giving general power to control industry for wide purposes);
- No. 55AA, (empowering the Government to secure the necessary information for these purposes); and
- No. 55AB (giving power to impose price control of goods and services).
Under the terms of the 1959 Act, the last of the Defence Regulations expired on 31 December 1964.[9]
See also
Notes
- ^ Also applies to British subjects, ships and aircraft if not in the British Empire. Capable of being extended to other parts of the British Empire by order in council.
References
- ^ Butler, T. R. F.; Garsia, M., eds. (1943). Archbold Criminal Pleading, Evidence and Practice (31st ed.). pp. 1524–1525.
- ^ a b c Jennings 1940, p. 132.
- ^ Hansard
- ^ Archbold, 31st ed. (1943) pp. 1524-1525
- ^ Jennings 1940, p. 133.
- ^ 9&10 Geo. 6, c. 26
- ^ Emergency Laws (Repeal) Act 1959, 7 & 8 Eliz. 2, c. 19, coming into force upon royal assent on 25 March 1959.
- ^ F.J. Erroll, Economic Secretary to the Treasury (12 November 1958). "Emergency Laws (Repeal) Bill". Parliamentary Debates (Hansard). United Kingdom: House of Commons. col. 413–414.
{{cite book}}: CS1 maint: numeric names: authors list (link) - ^ 1959 Act, s. 10
Bibliography
- Cotter, Cornelius P. (1953). "Constitutionalizing Emergency Powers: The British Experience". Stanford Law Review. 5 (3): 382–417. doi:10.2307/1226448. JSTOR 1226448.
- Jennings, W. Ivor (1940). "The Emergency Powers (Defence) (No. 2) Act, 1940". Modern Law Review. 4 (2): 132–136. doi:10.1111/j.1468-2230.1940.tb02739.x. JSTOR 1090251.
- Leeson, David (2012). "Emergency Powers Acts (1920, 1926, 1939–1940, 1964)". In Martel, Gordon (ed.). The Encyclopedia of War. Wiley-Blackwell. ISBN 978-1-40519037-4.
External links
- Defence Regulations - Emergency Powers (Defence) Act - includes text of the Act from The Times, 25 August 1939.
- Emergency Powers (Defence) Acts, 1939 and 1940 - text of the preamble and body of the 1940 act, published in Comparative Law Series, Vol. III, No. 7, July 1940, U.S. Department of Commerce.