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10.
It was asked whether the Emergency Powers Act, 1920, provides all the powers which may in fact be required. It is clear that the Act does not enable men to be compelled to work and there is some doubt whether it enables Regulations to be made overriding statutory enactments made since 1920. On the whole, I think it does enable action to be taken which is inconsistent with the existing statute or common law, although it does not admit of the direct and permanent amenâment or repeal of the law. The Act is also possibly deficient in not enabling powers to be delegated under the Regulations permitting orders and directions of legislative effect to be given by subordinate officers. But it may be thought inexpedient to ask Parliament for further powers at present, especially as there still are certain powers under the Defence Regulations. Moreover, for the reasons stated in paragraph (5), I do not suppose that the Government will feel called upon to be too astute in discovering in advance possible legal limitations on the generally wide powers which the Act does create.
Law Courts, W. C. 2.
8TH JULY, 1949.
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H. W. S.
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