Emergency Powers Act 1920
Encyclopedia
The Emergency Powers Act 1920 (10 & 11 Geo. 5 c. 55) was an Act
of the Parliament of the United Kingdom
that gave the Sovereign
power, in certain circumstances, to declare a state of emergency
by proclamation. The Act also authorised emergency regulations to be issued by Order in Council.
Passed during the time in office of the Lloyd George Coalition Government, the Act made permanent the powers of the war-time
Defence of the Realm Acts. The Act did not apply to Ireland
, where due to the War of Independence
the Restoration of Order in Ireland Act 1920
was already in force.
"...any action has been taken or is immediately threatened by any persons or body of persons of such a nature and on so extensive a scale 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..."
Upon a proclamation Parliament must meet within five days and the Act gave Her Majesty in Council, by Order, to make regulations to secure the 'essentials of life to the community' and gave the relevant Secretaries of State the power for the 'preservation of the peace' and the 'essentials of life' as defined above. Such regulations would be laid before Parliament as soon as they are pronounced and would expire in seven days, unless Parliament decided otherwise, of being laid before Parliament. A proclamation of this sort could be in force for no more than one month.
Anyone who broke these regulations, the Act says:
"...shall be imprisonment with or without hard labour for a term of three months, or a fine of one hundred pounds, or both such imprisonment and fine, together with the forfeiture of any goods or money in respect of which the offence has been committed."
The Act forbade regulations which amounted to 'compulsory military service or industrial conscription' and ruled out regulations which would forbid 'any person or persons to take part in a strike, or peacefully to persuade any other person or persons to take part in a strike'. Regulations could not allow punishment by either fine or prison without trial.
as being 'dictatorial', however in later years Labour used the Act.
The Act was first put into use in 1921 when the Triple Alliance
(the predecessor of the TUC) called a strike over a wage dispute. The Lloyd George government declared a state of emergency and sent troops to the strikers' areas. Three days later on the 21st April the Triple Alliance called off the strike, which became known as 'Black Friday
'.
The Labour Prime Minister
Ramsay MacDonald
was tempted to use the Act in 1924 when the dockers and tramwaymen went on strike. The Act was extensively used during the General Strike of 1926, after a state of emergency was proclaimed on April 30 1926 on account of the "cessation of work in coal mines" and emergency regulations were promulgated therewith and continued in force long after the general strike had ceased. The use of the Act has been described as instrumental in the successful resolution of the strike in the government's favour.
Also, during 1948 and 1949 there were lengthy unofficial strikes, particularly in the docks, so the Labour Attlee
Government implemented this Act to proclaim a state of emergency
and used soldiers as strike-breakers by getting them to unload boats in London
, Liverpool
and Avonmouth
. The Conservative government used the Act during the 1955 rail strike and it was also used by Labour under Harold Wilson
during the seamen's strike of 1966.
During the Conservative government of Edward Heath
there were five declarations of emergency under this Act, by far the most any government. The first was in July 1970 over a dockers strike, the second in December 1970 over an electricians strike, the third in February 1972 over a miners strike, the fourth in August 1972 over another dockers strike and the fifth time in October 1973, which lasted for four months.
In the total time it was on the statute book this Act was used twelve times, the last time being in 1974 and mainly used in times of industrial unrest (i.e. strikes).
This Act was amended by the Emergency Powers Act 1964
and superseded by the Civil Contingencies Act 2004
.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
that gave the Sovereign
British monarchy
The monarchy of the United Kingdom is the constitutional monarchy of the United Kingdom and its overseas territories. The present monarch, Queen Elizabeth II, has reigned since 6 February 1952. She and her immediate family undertake various official, ceremonial and representational duties...
power, in certain circumstances, to declare a state of emergency
State of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
by proclamation. The Act also authorised emergency regulations to be issued by Order in Council.
Passed during the time in office of the Lloyd George Coalition Government, the Act made permanent the powers of the war-time
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
Defence of the Realm Acts. The Act did not apply to Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
, where due to the War of Independence
Irish War of Independence
The Irish War of Independence , Anglo-Irish War, Black and Tan War, or Tan War was a guerrilla war mounted by the Irish Republican Army against the British government and its forces in Ireland. It began in January 1919, following the Irish Republic's declaration of independence. Both sides agreed...
the Restoration of Order in Ireland Act 1920
Restoration of Order in Ireland Act 1920
The Restoration of Order in Ireland Act 1920 was an Act of the Parliament of the United Kingdom passed on 9 August 1920 to address the collapse of the British civilian administration in Ireland during the Irish War of Independence....
was already in force.
Overview
The exact grounds for such a proclamation by the monarch are defined in the Act as:"...any action has been taken or is immediately threatened by any persons or body of persons of such a nature and on so extensive a scale 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..."
Upon a proclamation Parliament must meet within five days and the Act gave Her Majesty in Council, by Order, to make regulations to secure the 'essentials of life to the community' and gave the relevant Secretaries of State the power for the 'preservation of the peace' and the 'essentials of life' as defined above. Such regulations would be laid before Parliament as soon as they are pronounced and would expire in seven days, unless Parliament decided otherwise, of being laid before Parliament. A proclamation of this sort could be in force for no more than one month.
Anyone who broke these regulations, the Act says:
"...shall be imprisonment with or without hard labour for a term of three months, or a fine of one hundred pounds, or both such imprisonment and fine, together with the forfeiture of any goods or money in respect of which the offence has been committed."
The Act forbade regulations which amounted to 'compulsory military service or industrial conscription' and ruled out regulations which would forbid 'any person or persons to take part in a strike, or peacefully to persuade any other person or persons to take part in a strike'. Regulations could not allow punishment by either fine or prison without trial.
Use of the Act
When vb the Act was first passed it was heavily criticised by the Labour PartyLabour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
as being 'dictatorial', however in later years Labour used the Act.
The Act was first put into use in 1921 when the Triple Alliance
Triple Alliance (1914)
The Triple Alliance was an alliance of British Trade Unions comprising the Miners Federation of Great Britain, the National Union of Railwaymen and the National Transport Workers' Federation .-Formation and Pre-War Activity:After a period of intense industrial unrest beginning in July 1910, the...
(the predecessor of the TUC) called a strike over a wage dispute. The Lloyd George government declared a state of emergency and sent troops to the strikers' areas. Three days later on the 21st April the Triple Alliance called off the strike, which became known as 'Black Friday
Black Friday (1921)
Black Friday, in British labour history, refers to 15 April 1921, when the leaders of transport and rail unions announced a decision not to call for strike action in support of the miners...
'.
The Labour Prime Minister
Prime Minister of the United Kingdom
The Prime Minister of the United Kingdom of Great Britain and Northern Ireland is the Head of Her Majesty's Government in the United Kingdom. The Prime Minister and Cabinet are collectively accountable for their policies and actions to the Sovereign, to Parliament, to their political party and...
Ramsay MacDonald
Ramsay MacDonald
James Ramsay MacDonald, PC, FRS was a British politician who was the first ever Labour Prime Minister, leading a minority government for two terms....
was tempted to use the Act in 1924 when the dockers and tramwaymen went on strike. The Act was extensively used during the General Strike of 1926, after a state of emergency was proclaimed on April 30 1926 on account of the "cessation of work in coal mines" and emergency regulations were promulgated therewith and continued in force long after the general strike had ceased. The use of the Act has been described as instrumental in the successful resolution of the strike in the government's favour.
Also, during 1948 and 1949 there were lengthy unofficial strikes, particularly in the docks, so the Labour Attlee
Clement Attlee
Clement Richard Attlee, 1st Earl Attlee, KG, OM, CH, PC, FRS was a British Labour politician who served as the Prime Minister of the United Kingdom from 1945 to 1951, and as the Leader of the Labour Party from 1935 to 1955...
Government implemented this Act to proclaim a state of emergency
State of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
and used soldiers as strike-breakers by getting them to unload boats in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
, Liverpool
Liverpool
Liverpool is a city and metropolitan borough of Merseyside, England, along the eastern side of the Mersey Estuary. It was founded as a borough in 1207 and was granted city status in 1880...
and Avonmouth
Avonmouth
Avonmouth is a port and suburb of Bristol, England, located on the Severn Estuary, at the mouth of the River Avon.The council ward of Avonmouth also includes Shirehampton and the western end of Lawrence Weston.- Geography :...
. The Conservative government used the Act during the 1955 rail strike and it was also used by Labour under Harold Wilson
Harold Wilson
James Harold Wilson, Baron Wilson of Rievaulx, KG, OBE, FRS, FSS, PC was a British Labour Member of Parliament, Leader of the Labour Party. He was twice Prime Minister of the United Kingdom during the 1960s and 1970s, winning four general elections, including a minority government after the...
during the seamen's strike of 1966.
During the Conservative government of Edward Heath
Edward Heath
Sir Edward Richard George "Ted" Heath, KG, MBE, PC was a British Conservative politician who served as Prime Minister of the United Kingdom and as Leader of the Conservative Party ....
there were five declarations of emergency under this Act, by far the most any government. The first was in July 1970 over a dockers strike, the second in December 1970 over an electricians strike, the third in February 1972 over a miners strike, the fourth in August 1972 over another dockers strike and the fifth time in October 1973, which lasted for four months.
In the total time it was on the statute book this Act was used twelve times, the last time being in 1974 and mainly used in times of industrial unrest (i.e. strikes).
This Act was amended by the Emergency Powers Act 1964
Emergency Powers Act 1964
The Emergency Powers Act 1964 is an Act of the Parliament of the United Kingdom and was passed to amend the Emergency Powers Act 1920 and make permanent the Defence Regulations 1939...
and superseded by the Civil Contingencies Act 2004
Civil Contingencies Act 2004
The Civil Contingencies Act 2004 is an Act of the Parliament of the United Kingdom that establishes a coherent framework for emergency planning and response ranging from local to national level...
.