United Nations Act 1946
Encyclopedia
The United Nations Act 1946 was passed by the Parliament of the United Kingdom
as a means of putting the job of implementing the resolutions of the United Nations Security Council
in the hands of the government rather than Parliament. A similar mechanism is used in the European Communities Act 1972
.
It is a short Act with one section containing five subsections.
Sub-section (1) allows The Crown
to implement United Nations Security Council Resolution
s without the official approval of Parliament. It reads:
Subsection (2) refers to the jurisdiction
His Majesty’s dominions, and has been amended over time as the United Kingdom
has ceded legal control of its colonies.
Subsection (3) says that these orders can be revoked or changed at will.
Subsection (4) says that these orders must be laid before Parliament, but that they do not need to be voted on.
Subsection (5) authorizes the implementation of these orders to come from general taxation.
has established asset-freezing regimes through and more recently against terrorist suspects as designated by the UN Security Council Committee Established Pursuant to Resolution 1267 (1999) Concerning Al-Qa'ida and the Taliban and Associated Individuals and Entities.
On 27 January 2010 the Supreme Court of the United Kingdom
held that the 2006 Order was ultra vires
and void, because the 1946 Act was not intended to authorise coercive measures which interefere with fundamental rights without Parliamentary scrutiny. On 4 February the Court refused to stay the effect of its judgement until Parliament could change the law. This led to Parliament passing the temporary Terrorist Asset-Freezing (Temporary Provisions) Act 2010
on 10 February to retrospectively legitimise the 2006 Order until Parliament has time to pass permanent legislation complying with the Court's ruling.
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...
as a means of putting the job of implementing the resolutions of the United Nations Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
in the hands of the government rather than Parliament. A similar mechanism is used in the European Communities Act 1972
European Communities Act 1972 (UK)
The European Communities Act 1972 is an Act of the Parliament of the United Kingdom providing for the incorporation of European Community law into the domestic law of the United Kingdom. It is not to be confused with the Irish law of the same name, Act No...
.
It is a short Act with one section containing five subsections.
Sub-section (1) allows The Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
to implement United Nations Security Council Resolution
United Nations Security Council Resolution
A United Nations Security Council resolution is a UN resolution adopted by the fifteen members of the Security Council; the UN body charged with "primary responsibility for the maintenance of international peace and security"....
s without the official approval of Parliament. It reads:
If, under Article forty-one of the Charter of the United Nations signed at San Francisco on the twenty-sixth day of June, nineteen hundred and forty-five, (being the Article which relates to measures not involving the use of armed force) the Security Council of the United NationsUnited Nations Security CouncilThe United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
call upon His Majesty’s Government in the United Kingdom to apply any measures to give effect to any decision of that Council, His Majesty may by Order in Council make such provision as appears to Him necessary or expedient for enabling those measures to be effectively applied, including (without prejudice to the generality of the preceding words) provision for the apprehension, trial and punishment of persons offending against the Order.
Subsection (2) refers to the jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
His Majesty’s dominions, and has been amended over time as the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
has ceded legal control of its colonies.
Subsection (3) says that these orders can be revoked or changed at will.
Subsection (4) says that these orders must be laid before Parliament, but that they do not need to be voted on.
Subsection (5) authorizes the implementation of these orders to come from general taxation.
Applications
The Financial Sanctions UnitFinancial Sanctions Unit
The Financial Sanctions Unit of the Bank of England administers financial sanctions in the United Kingdom on behalf of HM Treasury. It has been in operation since before 1993 when it applied sanctions against the Government of Libya...
has established asset-freezing regimes through and more recently against terrorist suspects as designated by the UN Security Council Committee Established Pursuant to Resolution 1267 (1999) Concerning Al-Qa'ida and the Taliban and Associated Individuals and Entities.
On 27 January 2010 the Supreme Court of the United Kingdom
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
held that the 2006 Order was ultra vires
Ultra vires
Ultra vires is a Latin phrase meaning literally "beyond the powers", although its standard legal translation and substitute is "beyond power". If an act requires legal authority and it is done with such authority, it is...
and void, because the 1946 Act was not intended to authorise coercive measures which interefere with fundamental rights without Parliamentary scrutiny. On 4 February the Court refused to stay the effect of its judgement until Parliament could change the law. This led to Parliament passing the temporary Terrorist Asset-Freezing (Temporary Provisions) Act 2010
Terrorist Asset-Freezing (Temporary Provisions) Act 2010
The Terrorist Asset-Freezing Act 2010 is an Act of the United Kingdom Parliament to make provision for the temporary validity of certain Orders in Council imposing financial restrictions on, and in relation to, persons suspected of involvement in terrorist activity; and for connected purposes...
on 10 February to retrospectively legitimise the 2006 Order until Parliament has time to pass permanent legislation complying with the Court's ruling.