Motor Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1974

JurisdictionUK Non-devolved
CitationSI 1974/765
Year1974

1974 No. 765

ROAD TRAFFIC

The Motor Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1974

5thApril 1974

9thMay 1974

30thMay 1974

The Secretary of State for the Environment, in exercise of his powers under section 40(1) of the Road Traffic Act 1972(a) and of all other enabling powers, and after consultation with representative organisations in accordance with the provisions of section 199(2) of the Act, hereby makes the following Regulations:—

1. These Regulations may be cited as the Motor Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1974 and shall come into operation on 30th May 1974.

2. The Motor Vehicles (Construction and Use) Regulations 1973(b), as amended(c), shall be further amended so as to have effect in accordance with the following provisions of these Regulations.

3. In Regulation 4A—

in the table, after the entry relating to Council Directive 70/157/EEC there shall be inserted the following item:—

"Council Directive 70/157/EEC of 6th
                February 1970(d), as amended by Commission
                Directive 73/350/EEC of 7th November 1st March 1974 29
                1973(e) (relating to the permissible sound
                level and exhaust system of motor vehicles) "
                

4. In Regulation 4B the words "or any other community instrument" shall be omitted.

(a) 1972 c.20.

(b) S.I. 1973/24 (1973 I, p. 93).

(c) The relevant amending instruments are S.I. 1973/1347, 1974/64 (1973 II, p. 4133; 1974 I, p. 208).

(d) O.J. L42, 23.2.1970, p. 16 (S.E. 1970 (I) p. 111).

(e) O.J. L321, 22.11.1973, p. 33.

Signed by authority of the Secretary of State.

Fred Mulley, Minister for Transport, Department for the Environment.

5th April 1974.

EXPLANATORY NOTE

(This Note is not part of the Regulations.)

Regulation 4A of the Motor Vehicles (Construction and Use) Regulations 1973 exempts from compliance with the requirements of certain of the Regulations motor vehicles and trailers in respect of which a type approval certificate has been issued by the Secretary of State, or by the competent authority in another member state of the European Economic Community, and a certificate of conformity has been issued by the manufacturer of the vehicle. These Regulations provide for the exemption from compliance with Regulation 29 (which relates to permissible noise levels) vehicles in respect of which a type approval certificate and a certificate of conformity have been issued by reason of the vehicles' complying with the technical requirements of the relevant Community Directive as amended by a further Directive coming into operation on 1st March 1974. The vehicles which comply with the technical requirements of the Community Directive before amendment will continue to be exempted.

APPENDIX OF CERTAIN INSTRUMENTS NOT REGISTERED AS S.I.

Orders in Council, Letters Patent and Royal Instructions relating to the Constitutions etc. of Overseas Territories or to appeals to the Judicial Committee, Royal Proclamations, etc.

A PROCLAMATION

ELIZABETH R.

MARGARET

Whereas Her Majesty, in pursuance of the Regency Acts 1937 to 1953, was pleased, by Letters Patent dated the 24th day of January 1974, to delegate to the six Counsellors of State therein named or any two or more of them full power and authority during the period of Her Majesty's absence from the United Kingdom to summon and hold on Her Majesty's behalf Her Privy Council, to approve and sign on Her Majesty's behalf any proclamation relating to the affairs of the United Kingdom, to do on Her Majesty's behalf anything required to be done in relation to any such proclamation, and further to do on Her Majesty's behalf anything which, by virtue of any statutory or other power, Her Majesty is authorised to do for the safety or good government of the United Kingdom:

And whereas by section 1 of the Emergency Powers Act 1920, as amended by the Emergency Powers Act 1964, it is enacted that if it appears to Her Majesty that there have occurred or are about to occur events of such a nature as to be calculated, by interfering with the supply and distribution of food, water, fuel or light, or with the means of locomotion, to deprive the community, or any substantial portion of the community, of the essentials of life, Her Majesty may, by proclamation, declare that a state of emergency exists:

And, whereas, on the 9th day of January, 1974, Her Majesty made, in pursuance of the said Act of 1920, as so amended, a proclamation declaring that the industrial disputes affecting persons employed in the coal mines and on the railways and the reduction of oil supplies reaching Great Britain did, in Her Majesty's opinion, constitute a state of emergency within the meaning of that Act:

And whereas, by virtue of section 1 of the said Act of 1920, a proclamation issued in pursuance thereof does not remain in force for more than one month:

And whereas the continuance of the said industrial disputes and the continued reduction in those oil supplies do, in Our opinion, constitute a state of emergency within the meaning of the said Act of 1920:

Now, therefore, We, Elizabeth The Queen Mother and Margaret, Countess of Snowdon, being authorised thereto by the said Letters Patent, in pursuance of the said Act of 1920, and by and with the advice of Her Majesty's Privy Council, do on Her Majesty's behalf hereby declare that a state of emergency exists.

Given at the Court of Saint James this seventh day of February in the year of our Lord nineteen hundred and seventy-four, and in the twenty-third year of Her Majesty's Reign.

GOD SAVE THE QUEEN

PACIFIC ISLANDS

The Gilbert and Ellice Islands Colony (Electoral Provisions) Order 1974

At the Court of Saint James, the 20th day of February 1974

Present,

The Counsellors of State in Council

Whereas Her Majesty, in pursuance of the Regency Acts 1937 to 1953, was pleased, by Letters Patent dated the 24th day of January 1974, to delegate to the six Counsellors of State therein named or any two or more of them full power and authority during the period of Her Majesty's absence from the United Kingdom to summon and hold on Her Majesty's behalf Her Privy Council and to signify thereat Her Majesty's approval for anything for which Her Majesty's approval in Council is required;

And whereas it is proposed that in due course there shall be established for the Gilbert and Ellice Islands Colony (hereinafter referred to as "the Colony") a House of Assembly (in this Order referred to as "the proposed House of Assembly") comprising 28 elected members as well as certain other members;

Now, therefore, Her Majesty Queen Elizabeth The Queen Mother and Her Royal Highness The Princess Margaret, Countess of Snowdon, being authorised thereto by the said Letters Patent, and in exercise of the powers enabling Her Majesty in that behalf, and by and with the advice of Her Majesty's Privy Council, do on Her Majesty's behalf order, and it is hereby ordered, as follows:—

Citation and interpretation.

1.—(1) This Order may be cited as the Gilbert and Ellice Islands Colony (Electoral Provisions) Order 1974.

(2) The Interpretation Act 1889(a) shall apply, with the necessary adaptations, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting, and in relation to, Acts of Parliament of the United Kingdom.

Provision for election of members of proposed House of Assembly.

2.—(1) The Governor may by regulations make provision for the election of the elected members of the proposed House of Assembly, and in particular, and without prejudice to the generality of the foregoing power, may provide for—

(a) the qualifications and disqualifications of voters;

(b) the registration of voters;

(c) the nomination of candidates for election (including the number of persons required to support nominations);

(a) 1889 c. 63.

(d) the ascertainment of the qualifications of the voters and of candidates for election;

(e) the establishment in the Colony of electoral districts (by whatever name called) for the purpose of returning members to the proposed House of Assembly and the division of such electoral districts for any purpose connected with elections;

(f) the holding of elections;

(g) the determination of any question whether any person has been validly elected an elected member of the proposed House of Assembly or whether an elected member thereof has vacated his seat therein; and

(h) the definition and trial of offences connected with elections and the imposition of penalties therefor, including disqualification for membership of the proposed House of Assembly, or for registration as a voter, or for voting at elections, of any person concerned in any such offence.

(2) Elections of elected members of the proposed House of Assembly may be held under regulations made under this section notwithstanding that provision for the establishment of that House has not been made by Order of Her Majesty in Council.

(3) Regulations made under this section shall be published in the Colony by exhibition at the Public Office of the Governor and shall be printed in the Gazette as soon as may be after the date of such publication.

(4) In this section "the Governor" means the Governor of the Colony, and includes any person for the time being performing the functions of the office of Governor.

Qualifications for election to proposed House of Assembly.

3. Subject to the provisions of the next following section a person shall be qualified to be elected as a member of the proposed House of Assembly if, and shall not be so qualified unless—

(a) he is a British subject or a British protected person;

(b) he has attained the age of twenty-one years; and

(c) he has resided in the Colony during the three years immediately preceding the date of his election for a period or periods amounting in the aggregate to not less than thirty months, or is domiciled in the Colony and is resident there at that date.

Disqualifications for elected membership.

4.—(1) No person shall be qualified to be elected as an...

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