Emergency Powers (Defence) Act 1939

The Emergency Powers 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 effectively. It contained clauses giving the government wide powers to create Defence Regulations by Order in Council. These regulations governed almost every aspect of everyday life in the country during the War. Two offences under the regulations 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 Following the conclusion of the war, the 1939 Act was repealed, with the individual regulations gradually following suit.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 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 was recalled from its summer recess to pass the Emergency Powers 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 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 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 ', which implemented Code A and were brought into effect immediately. Code B followed on 1 September in the form of the ' and included Defence Regulation 18B, which provided a framework for internment. The 1939 regulations were amended dozens of times throughout the war, including by the ', the ', in 1941 and in 1945. By May 1945, some 377 Defence Regulations had been created.
Other Defence Regulations covered narrower fields of life such as the:'

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: Allowed members of the armed forces to be temporarily employed in agricultural or other urgent work.
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: Introduced daylight savings during the summer months.'
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: Allowed courts in England and Wales to alter sittings if required by the hostilities, and relaxed rules on jurors and giving evidence in person.'
: Allowed courts in Scotland to alter sittings if required by the hostilities, and relaxed rules on jurors and giving evidence in person.
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: Amended the Trading with the Enemy Act 1939.'
: Suspended provisions of the Bacon Industry Act (Northern Ireland) 1939, and the Agricultural Marketing (Pig Industry) Act (Northern Ireland) 1934.
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: Amended the Ministers of the Crown Act 1937 to increase the allowable number of Parliamentary Under-Secretaries for some ministries.'
: Amended the War Risks Insurance Act 1939.
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: Amended the War Risks Insurance Act 1939.'
: Amended the War Risks Insurance Act 1939 in relation to liability to death and injury to crews of foreign ships.
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: Extended the War Risks Insurance Act 1939 to the Isle of Man.'
: Gave organisations the powers to loan their funds interest free to the government, provide ambulances and canteens, or otherwise support the war effort.
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: Required six months notice for any withdrawal of deposits at a building society.'
: Allowed delegation by liquidators called up for war service, and amended the requirement for annual returns.
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: Created the Home Guard.'
: Adjusted the quota system for cinema films.
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: Encouraging the export of cotton.'
: Allowed for the suspension of rents, rates, tithes, utility bills, and hire purchase payments in an area that had been evacuated.
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: Created a Petroleum Department within the Board of Trade, with a Secretary for Petroleum.'
: Created special courts to deal with criminal cases in areas of England and Wales that became active war zones.
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: Created special courts to deal with criminal cases in areas of Scotland that became active war zones.'
: Applied the Air Force Act to the Women's Auxiliary Air Force.
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: Extension of war risks insurance beyond 7 May 1945.'
: Tasks the Board of Trade with providing services to support industry.
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: 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.
: Gave powers to set maximum prices for goods.

Some regulations included powers for a minister to make further provision by way of orders.
Taken together, the Defence Regulations provided the legal basis for a number of measures aimed at the Home Front including the establishment of the Home Guard, the institution of rationing, and nighttime blackouts.

Emergency Powers (Defence) Act 1940

The Emergency Powers Act 1940 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 and the Control of Employment Act 1939.

Enforcement

Originally the regulations did not create any capital offences, since the law of treason 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" 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 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 and later by the Emergency Laws (Transitional Provisions) Act 1946. They continued to be amended periodically, including by the Defence Regulations Order 1949 and the Defence Regulations Order 1949. Some were repealed, for example by the Land Powers (Defence) Act 1958.
The Emergency Laws (Repeal) Act 1959 repealed most of the Defence Regulations, with the exception of:

No. 55 ;
No. 55AA ; and
No. 55AB.

The 1959 act also preserved Regulation 2A of the Defence Regulations 1939 and the Regulation 6 of the Defence Regulations 1939. Under the terms of the 1959 act, the last of the Defence Regulations were due to expire on 31 December 1964. However, Regulation 6 of the Defence Regulations 1939 was made permanent by the Emergency Powers Act 1964, and several of the other regulations were re-enacted on a permanent basis by the Emergency Laws (Re-enactments and Repeals) Act 1964. As of 2023, Regulation 6 remains in force.