During
the Second World War
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing ...
Defence Regulations were a fundamental aspect of everyday life in the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
.
They were emergency regulations passed on the outbreak of war and during it to give the government emergency powers to prosecute the war. Two
Acts of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament ...
were passed as
enabling legislation to allow the Defence Regulations to be promulgated. The first was the
Emergency Powers (Defence) Act 1939
The Emergency Powers (Defence) Act 1939 was emergency legislation passed just prior to the outbreak of World War II by the Parliament of the United Kingdom to enable the British Government to take up emergency powers to prosecute the war effect ...
, which was passed immediately before war was declared, and the second was the
Emergency Powers (Defence) Act 1940, which was passed in the aftermath of the German attack on
France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of overseas regions and territories in the Americas and the Atlantic, Pacific and Indian Oceans. Its metropolitan ar ...
in 1940. The 1940 Act allowed Defence Regulations to be made on matters such as
industrial conscription.
The main Defence Regulations were the
Defence (General) Regulations 1939
The Emergency Powers (Defence) Act 1939 was emergency legislation passed just prior to the outbreak of World War II by the Parliament of the United Kingdom to enable the British Government to take up emergency powers to prosecute the war effective ...
, which were amended at various points throughout the war. Other Defence Regulations covered narrower fields of life. These included
Defence Regulation 18B, which provided a framework for
internment.
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. Since the emergency conditions created by the war persisted after the conflict was over, the last of the Defence Regulations, mainly those on food rationing, were not abolished until the early 1950s.
Death penalty
Originally the regulations did not create any capital offences, since the law of
treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
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.
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, and later by the Emergency Laws (Transitional Provisions) Act 1946. The last significant Regulations to be in force before the passage of the Emergency Laws (Repeal) Act 1959 were:
* 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).
Under the terms of the 1959 Act, the last of the Defence Regulations expired on 31 December 1964.
[1959 Act, s. 10]
See also
*
Capital punishment in the United Kingdom
References
{{reflist
Emergency laws
United Kingdom home front during World War II
United Kingdom military law
World War II legislation