The Board of Educa tion. War Office and lands. XXX. By the Education Acts, 1870 to 1903, the Board of Chapter Education, on the application of a local education authority (including the London County Council) in England or Wales, were empowered to grant a Provisional Order (after an inquiry) empowering the authority to put in force the compulsory powers of the Lands Clauses Acts for the purchase of a school site.1 By the Military Lands Act, 1892, which repeals the Admiralty, Ranges Act, 1891, the Secretary of State is enabled to grant Provisional Orders for the compulsory acquisition Military of land for military purposes, by himself, by a volunteer corps, or by a county or borough council in behalf of such volunteer corps or a yeomanry corps. And the same powers, except so far as they relate to a volunteer corps, have since been given to the Admiralty under the provisions, and for the purposes of, the Naval Works Act, 1895.3 Naval The Post Again, by the Telegraph Act, 1892, the powers of the Postmaster-General are extended by Provisional Order,5 and if he considers that a district is debarred from the public convenience of telegraphic communication owing to the refusal or failure of any person to consent to the construction or maintenance of a work by the Postmaster-General, he By the Education Act, 1902 (2 Edw. VII. c. 42, ss. 17 (7) 21), the Board of Education were also empowered to make Provisional Orders for the constitution of education committees in those cases where no scheme which they could approve had been made for this purpose, as prescribed in the Act, within a year after its passing. Two such Provisional Orders (relating to Swansea and to Cardiff) were made and confirmed in 1904. 255 & 56 Vict. c. 43. 358 and 59 Vict. c. 35. And cf. 156 C. J. 201, &c. 155 & 56 Vict. c. 59. When land is proposed to be taken for the purposes of the Post Office the procedure is directly by a public bill containing all the enact ing provisions, and without the Chapter may apply to the Railway and Canal Commission, who, Post Office. order dispensing with such consent; and if the person sion. By the Charitable Trusts Act, 1853,1 where a new The Charity scheme for the management of a charity cannot be carried Commisinto complete effect by the Court of Chancery or other court under the jurisdiction created by the Act, or otherwise than by the authority of Parliament, the Board of the Charity Commissioners (on the application of the trustees or others concerned in the management, or interested in the benefits, of a charity, or upon the report of an inspector, or upon information otherwise obtained by the Board) are enabled provisionally to approve and certify a new scheme which, set forth in all its details in an annual report to Parliament, may be confirmed by an Act of Parliament, such Act to be deemed a public general Act; and the confirming bill is treated throughout as a public bill, and is not referred to the committee of selection.2 land. The very extensive powers conferred on the Secretary The for Scotland, by the Private Legislation Procedure (Scot- for ScotSecretary land) Act, 1899, of making Orders that are submitted to Parliament for confirmation in a bill, are dealt with in the ensuing chapter. That Act does not affect the power which, at the time of its passing, was already vested in the Secretary for Scotland of granting Provisional Orders under other Statutes; but the special procedure prescribed, 16 & 17 Vict. c. 137, s. 54, Jewish United Synagogues Bill, Bill, 1903. In 1867, John Kendrick's Loan Charity (Reading Grammar School) Bill was a private bill and was referred to the committee of selections. for XXX Secretary by section 9 of the Act, in regard to bills for the confirma- Chapter Scotland. tion of certain orders issued under its provisions (see p. 905) is made applicable "with the necessary modifications" to bills for the confirmation of orders made by the Secretary for Scotland under the provisions of any Act already in force at the time of its passing.1 The statutes (other than the Private Legislation Procedure (Scotland) Act of 1899) under which Provisional Orders may be granted may be shortly summarized: Public Police Police Act. I. The Secretary for Scotland is empowered to make Provisional Orders under the Public Parks (Scotland) Act, 1878:2 for enabling local authorities to acquire and lay out land for public parks and pleasure-grounds, and to put in force the powers of the Lands Clauses (Scotland) Acts, for compulsory powers of purchase, for this purpose. And II. Under the Police (Scotland) Act, 1890:3 (a) for authorizing the application of any excess over liabilities of a pension fund; and (b), on the application of the police authority, for the discontinuance of further investments of capital by reason of a pension fund being sufficient to meet its liabilities. Burgh III. Under the Burgh Police (Scotland) Act, 1892 (as (Scotland) read in conjunction with the Town Councils (Scotland) Act, 19005), the Secretary for Scotland is enabled to issue Provisional Orders, on application being made for them as described in the Act, (a) to alter the number of the magistrates and council of any burgh, where they are the "commissioners "6 under the Act; (b) to confer additional powers for the better carrying out of the purposes of the Act in any burgh to which the Act applies, for the repeal of any exemption from rating, or for certain other specified objects; and (c) to provide for the amalgamation of contiguous or adjacent burghs for the purposes of the Act and for municipal purposes, or for carrying on jointly such 1 62 & 63 Vict. c. 47, s. 16 (1). 2 41 & 42 Vict. c. 8. 3 53 & 54 Vict. c. 67, s. 24. 455 & 56 Vict. c. 55, s. 44, et seq. 563 & 64 Vict. c 49. 6 Cf. 63 & 64 Vict. c. 49, s. 7. Chapter administration, or for jointly executing conduits, sewers, Secretary or drainage works. XXX. for Scotland. IV. The power which was formerly vested in the Board Sea of Trade, under the Sea Fisheries (Clam and Bait) Fisheries (Scotland). Act, 1881,1 of making a Provisional Order for the protection of any clam or bed bait in the United Kingdom, and which was repealed as regards England and Wales by the Sea Fisheries Regulation Act of 1888,2 was transferred as regards Scotland to the Fishery Board (Scotland) and the Secretary for Scotland by two Acts passed respectively in 1885 and 1887; and by the same two Acts a similar transference was made of the powers as regards Scotland, which were formerly exercised by the Board of Trade, of making Provisional Orders as to Oyster Fisheries under the Sea Fisheries Acts.4 8 Govern Acts. V. Under the Local Government (Scotland) Acts,5 Pro- Local visional Orders may be granted (a) for the transfer to county ment councils of the powers of government departments and (Scotland) other authorities; (b) for altering, on the representation of a county or town council, the boundaries or contents of any county, burgh, or parish; and (c) for constituting a joint committee representing counties and burghs for enforcing the provisions of the Rivers Pollution Prevention Act, 1876. VI. By the Local Government (Scotland) Act of 1894, The Local the Local Government Board for Scotland was constituted, ment with the Secretary for Scotland as President, and was (Scotland). empowered, in certain circumstances, to grant an order- Allotwhich, if opposed, has to be confirmed by Act of Parliament-for securing land for allotments." Govern Board ments. Health VII. Under the Public Health (Scotland) Act, 1897,7 the Public Board is also empowered, on the application of a local (Scotland). authority as defined in this Act, to make an order enabling 144 & 45 Vict. c. 11. 2 51 & 52 Vict. c. 54. 3 48 & 49 Vict. c. 70, s. 11; 50 & 51 Vict. c. 52, s. 2 (3). These powers as regards England and Wales are now exercised by the Board of Agriculture and have already been described. 552 & 53 Vict. c. 50, s. 15, Part 657 & 58 Vict. c. 58, ss. 25 & 26. Local Government (Scotland). XXX. such authority to put in force, for the purposes of the Act, Chapter the powers of the Lands Clauses Acts with respect to the Board compulsory purchase of land. The order so made is only provisional if opposed; and in this case it is specially provided that the bill for its confirmation is either to be referred to a committee, in the same manner as other provisional order bills, or to be referred to a joint committee; and that the committee may award costs1 by a majority. Education Department (Scotland). The Lord of Ireland VIII. Under the Education (Scotland) Act of 18782 the Scotch Education Department, on the application of a school board, may make a Provisional Order for putting in force the powers of the Lands Clauses (Scotland) Acts for the purchase of land otherwise than by agreement for the purposes of the Education Acts. The provisions, for granting Provisional Orders, that are contained in the Redistribution of Seats Act, 1885, the Housing of the Working Classes Act, 1890, and the Alkali, &c., Works Act, 1906, have already been noticed inter alia in connection with England and Wales, and mutatis mutandis they apply to Scotland. Under the Tramways (Ireland) Acts, the Lord-LieuLieutenant tenant is authorized to grant orders which in certain in Council. circumstances must be embodied in a bill and confirmed Tramways (Ireland). by Parliament, the confirming bill being treated in all respects as a public bill and not in the manner usual with Provisional Order bills.8 Light 4 By the Light Railways (Ireland) Act of 1889 the LordRailways Lieutenant is invested with a similar power of making an (Ireland). Order in Council with regard to the construction of light railways in Ireland. The Local The powers, for making Provisional Orders, of the Local Government Board for Ireland under the Redistribution of Seats Act, 1885, and the Housing of the Working (Ireland). Classes Act, 1890, so far as Ireland is concerned, are Government Board the same as those of the Local Government Board for 1 Cf. supra p. 821. 2 41 & 42 Vict, c. 78, s. 31 (Ireland), &c., Bills, 1891, 1898, &c. 52 & 53 Vict. c. 66. E.g. Tramways Order in Council |