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Health

Chapter England, which have already been noticed; while those Local xxx.

Governunder the Public Health (Ireland) Acts, 1878 to 1900, ment

Board similar in many respects to the Public Health Act for Ireland). England, are for the following purposes :

(1) For the alteration of sanitary districts, by separating Public from a rural sanitary district any town or district, in which Creland). there shall be town or township commissioners under an Act of Parliament, and constituting it an urban sanitary district, or by including it in any adjoining urban sanitary district; and also by adding any town or township so constituted to the rural sanitary district in which it is situated. Such Order can only be made upon the petition of one or other of the towns, townships, or districts whom it affects; but (under the provisions of the Local Government (Ireland) Act, 1898,1) it is only in certain circumstances that it requires confirmation by Act of Parliament.

(2) For the compulsory purchase of land under the powers of the Lands Clauses Acts (as defined by section 23 (c) of the Interpretation Act, 1889, and amended by section 8 of the Public Health (Ireland) Act, 1896), for the purposes of the Public Health (Ireland) Acts, 1878 to 1900, and other Acts incorporating provisions of those Acts with respect to Provisional Orders.

(3) For the transfer of a burial-ground from one burial board to another.

And, under the same conditions as are enacted for England by the Public Health Act, 1875, already mentioned, the Board may make Provisional Orders (4) for repealing (wholly or partially), altering, or amending local Acts ; (5) for the formation of united districts; (6) for the settlement of doubts and differences arising out of any transfer of any powers or property under the Public Health (Ireland) Acts, 1878 to 1900, or Provisional Order made thereunder; (7) for authorizing the supply of gas by an urban sanitary authority; and (8) for the constitution 2 of port sanitary authorities.

1 61 & 62 Vict. c. 37, s. 42. 2 Cf. s. 9 of the Act, 59 & 60 Vict. c. 54.

ment Board

Govern. ment Acts.

of Public

Dra

. Local Under the Local Government (Ireland) Act, 1898,1 and Chapter Govern

XXX. the amending Act of 1901, the Board may make pro- (Ireland).

visional orders (a) for transferring to county councils

powers of local bodies ; 8 (6) for extending the borrowing Local powers of guardians ;4 (c) for revising the financial

relations between county and urban districts; 5 and (d)
for adapting local Acts to the provisions of the Act of

1898 and of any Order in Council made thereunder.
The Office The Commissioners of Public Works in Ireland are
Works,

he enabled to grant Provisional Orders under the Drainage Ireland. and Improvement of Lands (Ireland) Acts; namely, under and Im the Act of 1863,' for constituting into a separate elective provement drainage district, land liable to be flooded or capable of (Ireland).

improvement by drainage. Any person interested in such
land may make application to the commissioners for
the purpose : but, under the Act of 1878,8 the proprietors
of a moiety in value of it must be in favour of the scheme,
and no provisional order may be made if the proprietors
of one-third part in value of lands in the district have
expressed their dissent before a specified time. By the
Act of 1880,9 Provisional Orders may be granted for
enabling a drainage board to execute works within the
district of any other drainage district, without the consent

of the latter. County

The powers conferred on government departments of

making Provisional Orders having now been noticed, there powered in remains to be mentioned another example of the disposition

of Parliament, not only to make the general law more make pro

applicable to the purposes of private bill legislation, but ders. also to extend its operation over the rights of private

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certain cases to

visional

161 & 62 Vict. c. 37, s. 101 (4), &c.

?1 Edw. VII. c. 28, s. 3. The powers of the Board are further extended by Orders in Council under the Act of 1898.

3 61 & 62 Vict. c. 37, s. 20. + Ib. s. 61 (6).

5 Ib. s. 71 ; and 1 Edw. VII. c. 28, s. 3.

661 & 62 Vict. c. 37, s. 108 (2).
By the Local Government (Ireland,
No. 2) Act, 1900 (63 & 64 Vict. c. 41)
the Board were empowered to make
an order annulling or varying the
provisions of the Local Government
(Procedure of Councils) Order, 1899.

? 26 & 27 Vict. c. 88.
& 41 & 42 Vict, c, 59, s. 4.
943 & 44 Vict. c. 27.

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Chapter property, where such rights can be shown to interfere with County

Councils, the public need. For many years it was the Government &c. Departments alone who were entrusted with these powers ; but, more recently, a local administrative authority, viz. the county council, has been empowered, in order to facilitate the provision of allotments for the labouring classes, to make Provisional Orders for the compulsory acquisition of land where it could not be obtained by voluntary arrangement with landowners under the permissive enactments for the purpose. This power is given by the Allotments Acts, Allot

ments. 1887 and 1890, which apply to England and Wales." The first of these Acts enables the sanitary authority, upon the representation of six parliamentary electors or ratepayers in an urban district, or in a parish in a rural district, as the case may be, to petition the county authority, and the county authority (now the county council) may, thereupon, make the Provisional Order, with certain exceptions as to residential and railway property. The Act of 1890 provides that duly qualified persons in any district, not being within the limits of a borough, may appeal to the county council to make the Order, in case of a failure of the sanitary authority to take proceedings. The county council annually appoints a standing committee for the purposes of the Acts, and upon their recommendation, after a public local inquiry held by some one or more of their own body, or by some other person appointed by them, the council may make the Provisional Order. The sanitary authority or the county council, in case of appeal, is the promoter of the Provisional Order, and on the Local Government Board devolves the duty of introducing the bill for its confirmation. By the Allotments (Scotland) Act, 1892, Allot.

inents the Local Authority of any burgh or county (in burghs the (Scotland). town council or commissioners, in counties the county council) is enabled under similar conditions, to grant Provisional Orders for the compulsory acquisition of land for

1 50 & 51 Vict. c. 48, s. 3; 53 & 54 Vict. c. 65.

: 55 & 56 Vict. c. 54, s. 3.

As to

ment.

allotments. The Secretary for Scotland is directed by Chapter

XXX the Act to consider objections to the Provisional Order, to order a local inquiry on it if he thinks fit, and is enabled to refuse to introduce the bill for its confirmation.

In the case of bills for the confirmation of Orders under these Allotment Acts, it is expressly provided that the committees (in either House of Parliament) to whom they are referred may award costs by a majority.

Before proceeding to describe the procedure on Pro-
Orders not
requiring visional Order bills, it may be mentioned that in many
confirma-
tion by Act cases Government departments are also empowered by
of Parlia-

statute to make orders and schemes which come into
operation without being submitted in a bill for Parlia-
mentary confirmation. Some of such orders are "pro-
visional," but only in the sense of requiring confirmation
of another kind. For example, some of them, being first
laid before both houses of Parliament, become law if con-
firmed by Order in Council, or if within a certain prescribed
period they are not disapproved of by either house ; 8 and
others, if no petition be presented against them by parties
interested on their inception by the department, may be
confirmed by Order in Council without being laid before
Parliament. Some, again, of these Orders, when made
by the department, are not provisional upon any further
confirmation. None of them are “Provisional Orders” in
the sense—to which the term is limited here—of being
orders that require confirmation in an Act of Parliament.

Procedure on Provisional Order Bills in Parliament. Provisional The procedure that is followed in Parliament upon Order

Provisional Orders confirmation bills may be shortly bills.

stated. It applies to all such bills with the exception of

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Chapter those few cases, already noticed, where a special procedure

is expressly prescribed by public Act.
Bills for confirming Provisional Orders and certificates Presented

in either
are introduced as public bills into either house according house ;
to the discretion of the department responsible for them.
The Lords by a sessional order direct that no Provisional Read first

tine ; Order bill originating in that house shall be read a first time after a fixed day (generally in May), and that no such bill brought from the Commons shall be read a second time after a fixed day (generally in June).

In the Commons the standing orders provide that,

“all bills for confirming provisional orders or certificates shall be set S. 0.(H.C.) down for consideration, each day, in a separate list, after the private 225A and business, and arrauged in the same order as that prescribed by the 225 ; standing orders for private bills. No bill, originating in this house, S. O.(H.C.) for confirming a provisional order or certificate, shall be read the first 193A; time after Whitsuntide."

In both houses all Provisional Order bills, after the first and re.

ferred to reading, are referred to the Examiners, 4 before whom com- Examiners.

8.0.(H.L.) pliance has to be proved with standing orders Nos. 38 and 701. 39—under which the promoters of a provisional order S.O.(H.C.) must deposit, in both Houses and at the office of the central authority" (as described in standing order No. 38), a statement relating to the taking of houses inhabited by the working classes; and also in both Houses, duplicates of plans, &c., which have been deposited with a government department. In the case of any Provisional

* 72.

1 In 1898 a bill (to confirm an order of the Lord-Lieutenant of Ireland), which under the Tram. ways Ireland Acts (already men. tioned) it was necessary to treat as a public bill, was inadvertently treated on its introduction, and referred to the Examiners, according to the ordinary procedure on Provisional Order bills. On a later day, therefore, this reference to the Examiners was discharged, and the bill proceeded throughout, in accordance with statute, as a purely public

bill, 153 C. J. 214-5. 242. 265. 273.
Cf. also the proceedings in the
Lords on the Tramways (Ireland)
Provisional Orders (No. 2) Bill, 13th
July, 1885; 299 H. D. 3 s. 383-91.

2 137 L. J. 67 ; &c.
3 See supra, pp. 234-236.

• Standing order No. 232 of the House of Commons prescribes the time for depositing memorials complaining of non-compliance with the standing orders of the house in reference to Provisional Order bills.

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