Emergency Powers (Defence) Act 1939

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.

The Act was originally intended to be in force for only one year, and made general provision for prosecuting the war effort.

(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.

(5) Nothing in this section shall authorise the imposition of any form of compulsory naval, military or air force service or any form of industrial conscription, or the making of provision for the trial by courts martial of persons not being persons subject to the Naval Discipline Act, to military law or to the Air Force Act.The bill completed all its parliamentary stages, including royal assent, on that day.

[3] 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.

[11] It also 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" though the practical significance of this extension is unclear given the Government had already passed the National Service (Armed Forces) Act 1939 and the Control of Employment Act 1939 (2 & 3 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.

[13] 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.

As of 2023, Regulation 6 (which authorises the use of service personnel to perform agricultural and other "urgent work of national importance") remains in force.