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 World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...

by the

Parliament of the United Kingdom The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace ...

to enable the

British government His Majesty's Government, abbreviated to HM Government or otherwise UK Government, is the central government, central executive authority of the United Kingdom of Great Britain and Northern Ireland.

to take up

emergency powers A state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state before, during, o ...

to prosecute the war effectively. It contained clauses giving the government wide powers to create Defence Regulations by

Order in Council An Order in Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom, this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy 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 Following the conclusion of the war, the 1939 Act was repealed, with the individual regulations gradually following suit.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.

Passage and effect

On 24 August 1939, following the announcement of the Nazi–Soviet Pact the previous day, the

House of Commons The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...

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: The bill completed all its parliamentary stages, including royal assent, on that day. The question of compensation was not directly addressed by the bill, but the subsequent

Compensation (Defence) Act 1939 Compensation may refer to: *Financial compensation *Compensation (chess), various advantages a player has in exchange for a disadvantage * ''Compensation'' (essay), by Ralph Waldo Emerson * ''Compensation'' (film), a 1999 film *Compensation (psych ...

( 2 & 3 Geo. 6. c. 75) established a statutory compensation scheme in respect of land, vessels, vehicles, aircraft and other property a week later.

Defence Regulations

The Defence Regulations were

Orders in Council An Order in Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom, this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council ('' ...

and could amend any primary or secondary legislation within the limits of the enabling acts to allow the effective prosecution of the war. The regulations existed in draft form, constantly revised, throughout the years between the world wars. In early 1939 it was decided that since a war might break out without warning or without time to pass an act of Parliament to bring in emergency regulations, the regulations should be split into two codes. Code A would be needed immediately if war broke out and could be passed in peacetime, while Code B, containing more severe restrictions on civil liberties, would be brought in later. In order not to alert the public to the existence of Code B, Code A was simply numbered consecutively. The main Defence Regulations were the ( SR&O 1939/927), which implemented Code A and were brought into effect immediately. Code B followed on 1 September (the same day Nazi Germany invaded Poland) in the form of the ( SR&O 1939/978) and included

Defence Regulation 18B Defence Regulation 18B, often referred to as simply 18B, was one of the Defence Regulations used by the British Government during and before the Second World War. The complete name for the rule was Regulation 18B of the Defence (General) Regula ...

, which provided a framework for

internment Internment is the imprisonment of people, commonly in large groups, without Criminal charge, charges or Indictment, intent to file charges. The term is especially used for the confinement "of enemy citizens in wartime or of terrorism suspects ...

. The 1939 regulations were amended dozens of times throughout the war, including by the ( SR&O 1939/1681), the ( SR&O 1940/1134), in 1941 (adding Regulation 78) and in 1945 (adding Regulation 69D). By May 1945, some 377 Defence (General) Regulations had been created. Other Defence Regulations covered narrower fields of life such as the: * ( SR&O 1939/1068) *: * ( SR&O 1939/1381) *: * ( SR&O 1939/1304) *: Allowed members of the armed forces to be temporarily employed in agricultural or other urgent work. * ( SR&O 1939/1379) *: Introduced daylight savings during the summer months. * ( SR&O 1939/950, reissued SR&O 1939/1067, and SR&O 1939/1620) *: * ( SR&O 1939/969) *: * ( SR&O 1939/1303) *: * ( SR&O 1939/1113) *: * ( SR&O 1939/1380) *: * ( SR&O 1940/1028) *: Allowed courts in England and Wales to alter sittings if required by the hostilities, and relaxed rules on jurors and giving evidence in person. * ( SR&O 1940/1869) *: Allowed courts in Scotland to alter sittings if required by the hostilities, and relaxed rules on jurors and giving evidence in person. * ( SR&O 1940/1092). *: Amended the

Trading with the Enemy Act 1939 The Trading with the Enemy Act 1939 ( 2 & 3 Geo. 6. c. 89) is an Act of the Parliament of the United Kingdom which makes it a criminal offence to conduct trade with the enemy in wartime, with a penalty of up to seven years' imprisonment. The ...

( 2 & 3 Geo. 6. c. 89). * ( SR&O 1940/33) *: Suspended provisions of the

Bacon Industry Act (Northern Ireland) 1939 Bacon is a type of salt-cured pork made from various cuts, typically the belly or less fatty parts of the back. It is eaten as a side dish (particularly in breakfasts), used as a central ingredient (e.g., the BLT sandwich), or as a flavouri ...

(2 & 3 Geo. 6. c. 10 (N.I.)), and the

Agricultural Marketing (Pig Industry) Act (Northern Ireland) 1934 Agricultural marketing covers the services involved in moving an agricultural product from the farm to the consumer. These services involve the planning, organizing, directing and handling of agricultural produce in such a way as to satisfy farm ...

(25 & 26 Geo. 5. c. 3 (N.I.)). * ( SR&O 1940/761) *: Amended the Ministers of the Crown Act 1937 ( 1 Edw. 8. & 1 Geo. 6. c. 38) to increase the allowable number of Parliamentary Under-Secretaries for some ministries. * ( SR&O 1940/771) *: Amended the

War Risks Insurance Act 1939 War is an armed conflict between the armed forces of states, or between governmental forces and armed groups that are organized under a certain command structure and have the capacity to sustain military operations, or between such organize ...

( 2 & 3 Geo. 6. c. 57). * ( SR&O 1940/1142) *: Amended the

( 2 & 3 Geo. 6. c. 57). * ( SR&O 1940/1288) *: Amended the

( 2 & 3 Geo. 6. c. 57) in relation to liability to death and injury to crews of foreign ships. * ( SR&O 1940/1616) *: Extended the

( 2 & 3 Geo. 6. c. 57) to the Isle of Man. * ( SR&O 1940/1884) *: Gave organisations the powers to loan their funds interest free to the government, provide ambulances and canteens, or otherwise support the war effort. * ( SR&O 1940/1137) *: Required six months notice for any withdrawal of deposits at a building society. * ( SR&O 1940/1213) *: Allowed delegation by liquidators called up for war service, and amended the requirement for annual returns. * ( SR&O 1940/748), renamed to Defence (Home Guard) Regulations 1940 *: Created the Home Guard. * ( SR&O 1940/1174) *: Adjusted the quota system for cinema films. * ( SR&O 1940/1210) *: Encouraging the export of cotton. * ( SR&O 1940/1209) *: Allowed for the suspension of rents, rates, tithes, utility bills, and hire purchase payments in an area that had been evacuated. * ( SR&O 1940/749) *: Created a Petroleum Department within the Board of Trade, with a Secretary for Petroleum. * ( SR&O 1940/1444) *: Created special courts to deal with criminal cases in areas of England and Wales that became active war zones. * ( SR&O 1940/1445) *: Created special courts to deal with criminal cases in areas of Scotland that became active war zones. * (

SR&O 1941 List of statutory rules and orders of the United Kingdom is an incomplete list of statutory rules and orders of the United Kingdom. Statutory rules and orders were the predecessor of statutory instruments and they formed the secondary legisla ...

/581) *: Applied the Air Force Act to the Women's Auxiliary Air Force. * (

/1780) *: * (

/1133, reissued (

/2054) *: * (

/2057) *: * (

/2059) *: * (

/984) *: * (

/2058) *: * (

/1401) *: * (

SR&O 1942 List of statutory rules and orders of the United Kingdom is an incomplete list of statutory rules and orders of the United Kingdom. Statutory rules and orders were the predecessor of statutory instruments and they formed the secondary legisla ...

/1444) *: * (

/ *: * (

/963) *: * (

/1143) *: * ( SR&O 1943/1553) *: * ( SR&O 1943/308) *: * ( SR&O 1943/1033) *: * ( SR&O 1943/916) *: * (

SR&O 1945 List of statutory rules and orders of the United Kingdom is an incomplete list of statutory rules and orders of the United Kingdom. Statutory rules and orders were the predecessor of statutory instruments and they formed the secondary legisla ...

/738) *: Extension of war risks insurance beyond 7 May 1945. * (

/1614) *: Tasks the Board of Trade with providing services to support industry. * (

/164) *: Made Good Friday 30 March 1945 not a public holiday in the UK, and St Patrick's Day 17 March 1945 not a public holiday in Northern Ireland. * (

/1613) *: Gave powers to set maximum prices for goods. Some regulations included powers for a minister to make further provision by way of

orders Order, ORDER or Orders may refer to: * A socio-political or established or existing order, e.g. World order, Ancien Regime, Pax Britannica * Categorization, the process in which ideas and objects are recognized, differentiated, and understood * H ...

. Taken together, the Defence Regulations provided the legal basis for a number of measures aimed at the

Home Front Home front is an English language term with analogues in other languages. It is commonly used to describe the civilian populace of the nation at war as an active support system for their military. Civilians are traditionally uninvolved in com ...

including the establishment of the

Home Guard Home guard is a title given to various military organizations at various times, with the implication of an emergency or reserve force raised for local defense. The term "home guard" was first officially used in the American Civil War, starting ...

, the institution of

rationing Rationing is the controlled distribution (marketing), distribution of scarcity, scarce resources, goods, services, or an artificial restriction of demand. Rationing controls the size of the ration, which is one's allowed portion of the resourc ...

, and nighttime blackouts.

Emergency Powers (Defence) Act 1940

The Emergency Powers (Defence) Act 1940 ( 3 & 4 Geo. 6. c. 20) extended the 1939 act for another year, and provided for annual extensions by parliamentary resolution. 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 The National Service (Armed Forces) Act 1939 ( 2 & 3 Geo. 6. c. 81) was enacted by the Parliament of the United Kingdom on 3 September 1939, the day the United Kingdom declared war on Germany at the start of the Second World War. It supersede ...

and the

Control of Employment Act 1939 Control may refer to: Basic meanings Economics and business * Control (management), an element of management * Control, an element of management accounting * Comptroller (or controller), a senior financial officer in an organization * Controlling ...

( 2 & 3 Geo. 6. c. 104).

Enforcement

Originally the regulations did not create any capital offences, since the law of

treason Treason is the crime of attacking a state (polity), state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to Coup d'état, overthrow its government, spy ...

was thought to be sufficient. Defence Regulation 2A provided that "If, with intent to assist the enemy, any person does any act which is likely to assist the enemy or to prejudice the public safety, the defence of the realm or the efficient prosecution of the war, he shall be liable to penal servitude for life." However, in 1940 amendments to the regulations created two capital offences: "forcing safeguards" (breaking through roadblocks etc.) under regulation 1B, and looting under regulation 38A. A third new capital offence, called treachery, was created soon afterwards by the

Treachery Act 1940 The Treachery Act 1940 ( 3 & 4 Geo. 6. c. 21) was an Act of the Parliament of the United Kingdom effective during World War II to facilitate the prosecution and execution of enemy spies, suspended afterwards, and repealed in 1968 or 1973, terr ...

. The ( 3 & 4 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.

Continuance and repeal

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. 6. c. 10) and later by the

Emergency Laws (Transitional Provisions) Act 1946 An emergency is an urgent, unexpected, and usually dangerous situation that poses an immediate risk to health, life, property, or Natural environment, environment and requires immediate action. Most emergencies require urgent intervention to ...

( 9 & 10 Geo. 6. c. 26). They continued to be amended periodically, including by the Defence Regulations (No. 2) Order 1949 and the Defence Regulations (No. 3) Order 1949. Some were repealed, for example by the Land Powers (Defence) Act 1958. The Emergency Laws (Repeal) Act 1959 ( 7 & 8 Eliz. 2. c. 19) repealed most of the Defence (General) Regulations, with the exception of: * No. 55 (giving general power to control industry for wide purposes); * No. 55AA (empowering the government to secure the necessary information for these purposes); and * No. 55AB (giving power to impose price control of goods and services). The 1959 act also preserved Regulation 2A of the Defence (Finance) Regulations 1939 (power of Treasury to prohibit action on certain orders as to gold, etc.) and the Regulation 6 of the Defence (Armed Forces) Regulations 1939 (power to employ troops on agricultural or other urgent work of national importance). Under the terms of the 1959 act, the last of the Defence Regulations were due to expire on 31 December 1964.1959 Act, s. 10 However, Regulation 6 of the Defence (Armed Forces) Regulations 1939 was made permanent by the Emergency Powers Act 1964 (c. 38), and several of the other regulations were re-enacted on a permanent basis by the

Emergency Laws (Re-enactments and Repeals) Act 1964 An emergency is an urgent, unexpected, and usually dangerous situation that poses an immediate risk to health, life, property, or Natural environment, environment and requires immediate action. Most emergencies require urgent intervention to ...

(c. 60). 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.

Notes

References

Bibliography

* * * * *

External links

* Full text of the Emergency Powers (Defence) Act 1939, as included in * Full text of the Emergency Powers (Defence) Act 1940, as included in {{Cite book , last=Le May , first=G. , title=British Government, 1914–1953: Select Documents , publisher=Meuthen And Co London , year=1955 , location=London
Full text of the Compensation (Defence) Act 1939
from legislation.gov.uk.
Full text of the Emergency Laws (Repeal) Act 1959
from legislation.gov.uk. United Kingdom Acts of Parliament 1939 Emergency laws in the United Kingdom 1939 in British law United Kingdom in World War II United Kingdom military law 1939 in military history World War II legislation United Kingdom home front during World War II