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Emergency Powers (Defence) Act 1939
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 governed almost every aspect of everyday life in the country during the War. Two offences under the regulations (forcing safeguards and looting) were punishable with death. Following the conclusion of the war, the 1939 Act was repealed, with the individual regulations gradually following suit. As of 2023, at least one Regulation (relating to the use of service personnel to perform agricultural and other "urgent work of national importance") remains in force.
On 24 August 1939, following the announcement of the Nazi–Soviet Pact the previous day, the House of Commons was recalled from its summer recess to pass the Emergency Powers (Defence) Bill, which gave authority to implement the Defence Regulations. The Act was originally intended to be in force for only one year, 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 -
(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.
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Emergency Powers (Defence) Act 1939
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 governed almost every aspect of everyday life in the country during the War. Two offences under the regulations (forcing safeguards and looting) were punishable with death. Following the conclusion of the war, the 1939 Act was repealed, with the individual regulations gradually following suit. As of 2023, at least one Regulation (relating to the use of service personnel to perform agricultural and other "urgent work of national importance") remains in force.
On 24 August 1939, following the announcement of the Nazi–Soviet Pact the previous day, the House of Commons was recalled from its summer recess to pass the Emergency Powers (Defence) Bill, which gave authority to implement the Defence Regulations. The Act was originally intended to be in force for only one year, 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 -
(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.