CONFIDENTIAL
Emergency Powers (Falkland Islands) Bill
EXPLANATORY AND FINANCIAL MEMORANDUM
The Bill confers a temporary power, by Order in Council, to make Defence Regulations in connection with the unlawful occupation of the Falkland Islands by the Argentine Republic.
Clause 1 contains a general power to make Defence Regulations, in connection with that unlawful occupation, for the defence of the realm (including dependent territories); for meeting special circumstances; and for the efficient prosecution of hostilities. The Regulations may, in particular, include provision for the expulsion of persons from the United Kingdom; for the taking of possession or control of property or undertakings or the acquisition of property other than land; for the control of the supply or transport of goods or the provision of services and of the performance of contracts; for the suspension, amendment or application of enactments and subordinate instruments, and in particular the suspension of the Trading with the Enemy Act 1939 and the common law relating to trading with the enemy; and for the creation and punishment of offences. They will be subject to affirmative resolution.
Clause 2 makes provision for the extra-territorial operation of Defence Regulations.
Clause 3 provides that clauses 1 and 2 are to remain in force for a period of 3 months and may be continued in force for further periods not exceeding 3 months at a time by an order made by the Secretary of State. Any such order will be subject to affirmative resolution.
Clause 4 enables the Bill to be extended to the Channel Islands, the Isle of Man or any colony, and to off-shore installations.
Clause 5 includes a saving for the powers exercisable by virtue of the prerogative of the Crown.
Financial effects of the Bill and effects on public service manpower The financial effects of the Bill cannot be quantified. Public service manpower implications are small.
78-3
A
CONFIDENTIAL
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