Chapter those stages are governed.

XXXI.

The provisional orders to be

applied for under the Act are divided, according to the
subjects to which they relate, into the same two classes
as private bills: the notices, deposits, and other pre-
liminary requirements are, generally speaking, the same; 2
and, in practice, the parliamentary examiners appointed
under standing orders act as the examiners assigned for
the purposes of the Act.3 Provision is also made for the
incorporation, in any provisional order under the Act, of
those general Acts or clauses which would be incorporated
in it if it were a private bill.

After this brief summary of the general scope of the
Act, it will be convenient now to follow the proceedings.
in the order in which they occur, (I.) upon the application
for an order under the Act; (II.) upon the consideration
and progress of the proposed order until it is made and
issued by the Secretary for Scotland; and (III.) upon the
passage through Parliament of the confirming bill.

I. Application for a Provisional Order under the Act.
Petitions for the issue of a Provisional Order must be Petition

for a

deposited at the office of the Secretary for Scotland, provisional
together with a draft of the proposed order, on or before order.
the 17th December, or on or before the 17th April 5—two
yearly opportunities being thus given of applying for
parliamentary powers under the Act in place of the one
opportunity that is open to the promoters of a private
bill. A copy of the draft order must also be deposited with
the Clerk of the Parliaments, the Private Bill Office of the
House of Commons, and various public offices."

1 General Order (G. O.) 1.

G. O. 3-75. By G. O. 144 and 145, the provisions both of the Parliamentary Documents Deposit Acts, 1837, as to documents deposited under the standing orders, and, mutatis mutandis, of the Parliamentary Deposits Act, 1846, as to money deposits in the case of

private bills, are made applicable to
the documents similarly deposited
and to the money deposits similarly
required under the general orders.
Cf. supra, p. 695, notes 1 and 2.
Sec. 13; G. O. 2.
Sec. 15 (2); G. O. 143.
5 G. O. 2B.

Sec. 1 (2); G. O. 32. 33.

Petitions against.

Report on proposed Orders by the Chairmen

(Lords and Commons).

XXXI.

Petitions against a proposed Provisional Order must be Chapter deposited not later than four weeks after the order is applied for.1

The extent of opposition offered to the proposed provisional orders having thus been indicated, the draft orders applied for are taken into consideration, and are reported upon, by the Chairman of Committees of the House of Lords and the Chairman of Ways and Means in the House of Commons, who are expressly empowered by the Act to determine all matters of practice and procedure necessary for this purpose, and who throughout are referred to as "the Chairmen."

3

The Chairmen's report upon each of the draft orders is made to the Secretary for Scotland, and a copy is laid before Parliament. If it appears from their report that either of the Chairmen is of opinion that the provisions or some provisions of a draft order "do not relate wholly or mainly to Scotland, or are of such a character or magnitude, or raise any such question of policy or principle, that they ought to be dealt with by private bill and not by provisional order," the Secretary for Scotland must refuse to issue the provisional order (or the portion of it) which is thus objected

5

1 G. O. 77. 79. In the case of any dissentient at the Wharncliffe meeting held under G. O. 62-66 who would otherwise be precluded from presenting a petition in time, the time is extended. Provision is also made (in G. O. 79) to meet the case of petitioners complaining of matters arising subsequently during an inquiry held under the Act.

2 The Act provides that, "with a view to such report," the Secretary for Scotland shall forthwith inform the Chairmen of any objections, &c., that have been duly made to the provisions of an Order. Sec. 2 (1).

Sec. 2 (1) (2); H. C. Paper, No. 243, 1904, Qs. 1075. 1094.

• Sec. 2 (2) (3); S. O. 252, (H. C.), 184, (H. L.).

• E.g. Chairmen's Report of 17th

Feb., 1903.

7

E.g. Chairmen's Reports of 2nd Feb., 1901, and 14th Feb., 1905; &c.

'E.g. Chairmen's Report of 2nd Feb., 1901.

In addition to the general grounds, indicated by the Act, upon which they determine how to deal with each application, the Chairmen, "having regard to s. 16 (12)," which concerns schemes for authorizing and regulating the supply of electricity, have generally directed any electric power schemes, for which parliamentary powers have been sought under the Act, to proceed as private bills, H. C. Paper, No. 243, 1904, Q. 436; Chairmen's Report of 17th Feb., 1903, &c. Cf. also Off. J. 1900-1, p. 46; P. L. R. i. 30, 31,

Chapter
XXXI.

2

to. In this event, however, it is open to the promoters Substi-
to proceed by way of a private bill-described as a “sub- tuted bills.
stituted bill"—for those powers which by the Chairmen's
objection they are debarred from seeking through their
proposed provisional order.1 If they decide on this course,
they must communicate their intention within a prescribed
time to all opponents (and must satisfy the examiners
that they have duly done so); they must deposit copies
of their substituted bill in every public office where they
had previously been obliged to deposit copies of their pro-
posed provisional order; they must also satisfy the
examiner that the bill so deposited does not contain any
provisions not contained in the order for which it is sub-
stituted; and they must give any additional notices that
may be required in connection with it under the stand-
ing orders.5 Subject to these conditions, however, the
notices and deposits for the proposed order are held to
have been served and made for the substituted bill, com-
pliance or non-compliance with the "preliminary" general
orders being regarded as equivalent to compliance or non-
compliance with the corresponding standing orders: the
petition for the proposed provisional order is taken as
the petition for the substituted bill; and the petitions
deposited against (or in favour of) the draft order are
transmitted from the Secretary for Scotland's office, and
are received by both houses as petitions against (or
in favour of) the substituted bill. The Chairmen deter-
mine, as in the case of ordinary private bills, in
which house the substituted bill shall originate; and its

1 Sec. 2 (4); S. O. 250 (H. C.), 182 (H. L.). In the case where the Chairmen have reported that part, only, of a provisional order applied for should proceed as such, promoters can proceed with that part accordingly and with the rest of their original scheme embodied in a private bill. In some instances they have not elected to promote a bill in substitution for the part of their proposed order to which the

6

8

Chairmen have objected, Off. J.
1902-3, p. 28, and 1903-4, p. 24.

2 Sec. 2 (4); G. O. 77; S. O. 256
(H. C.), 188 (H. L.).

3 S. O. 255 (H. C.), 187 (H. L.).
1 S. O. 257 (H. C.), 189 (H. L.).
$ Sec. 2 (4).

Sec. 2 (4); S. O. 256 (H. C.),
188 (H. L.).

S. O. 259 (H. C.), 189A (H. L.).
158 C. J. 16; 159 ib. 31 ; &c.

order.

XXXI.

subsequent course is identical with that of a private bill. Chapter
Where the order, for the whole or a part of which a
bill is substituted, is one of those applied for on or
before the 17th April, it is competent for the promoters
to deposit their substituted bill on or before the ensuing
17th December; 1. but in most of such cases the sub-
stituted bill has been introduced and passed (either with
or without a suspension of the standing orders), before
the ordinary time of prorogation.2

Proceed- Every draft order as originally applied for is referred
ings before
Examiner by the Secretary for Scotland to the Examiners, one or
on proposed
provisional other of whom reports to him and to the Chairmen whether
the "preliminary" general orders have or have not been
complied with. In the case of a non-compliance the
Examiner also reports to the two Chairmen the grounds
for his decision; 3 and, within a prescribed time, it is com-
petent for the promoters to apply by memorial to the
Chairmen praying them to dispense with any general
order with which they have failed to comply. The Chair-
men's decision (as to granting or refusing the dispensation
prayed for) is final; and if, in granting a dispensation,
they attach any conditions to it, the draft order cannot be
proceeded with until the Examiner has reported that these
conditions have been satisfied.1

tion of ap

II. Provisional orders proceeded with and issued. Considera- When the Chairmen have reported that a proposed plication provisional order may proceed, and there has been a by Secre- due compliance with the general orders, the Secretary for Scotland takes the application for the order into consideration.5

tary for

1 S. O. 255 (H. C.), 187 (H. L.). And cf. the proceedings on the Hutcheson's Hospital & Hutcheson's Educational Trust Bill (in substitution for a provisional order applied for on or before the 17th April, 1903) 135 L. J. 157; 136 ib. 18. 21; Off. J. 1903-4, p. 24.

2 E.g. Loch Leven Water Power

Bill, 1901, 156 C. J. 201. 206. 334.
420; Scottish Ontario &c. Company
Bill, 1903, 158 ib. 208. 291. 376.
412; &c.

3 G. O. 73.

Sec. 3 (2); G. O. 74; and see
Standing Order 252 (H. C.), 184 (H.
L.); 157 C. J. 126; &c.
Sec. 3 (1).

Chapter
XXXI.

which an

(a) Orders on which an inquiry is held.-In all cases (a) Prowhere there is opposition and in any case in which, visional posed proeven though there be no opposition, he considers that orders on inquiry is necessary-the Secretary for Scotland directs inquiry is an inquiry (as to the propriety of making and issuing the provisional order applied for) to be held by commissioners sitting in Scotland.2

held.

ment of

sioners for

The commissioners appointed on these inquiries are Appointdrawn from three panels formed under the Act. Two of commisthese are "parliamentary" panels, and consist of not inquiry. more than fifteen members from each house, who, in both houses, are selected and proposed by the committees of selection. The third or "extra-parliamentary" panel is Panels. nominated every five years by the Chairmen and the Secretary for Scotland, and consists of twenty "persons qualified by experience of affairs to act as commissioners; and any casual vacancy occurring in this extra-parliamentary panel is filled up by the Chairmen acting jointly with the Secretary for Scotland. When an inquiry is directed to be held on a proposed order or group of orders, the Chairmen of both houses constitute a commission for the purpose by selecting four members from the two parliamentary panels, taking two members, when it is found. feasible to do so, from the panel of each house, and nominating one of the four as chairman of the commissioners. If the Chairmen of both houses are unable

No provisional order is considered as opposed unless the petitions against it have been properly deposited, G. O. 77. Cf. supra, p. 898, as to the deposit of such petitions.

2 Sec. 3 (1). In 1901 an inquiry was directed to be held on the Arizona Copper Company, Ltd., provisional order, although (no petition having been duly presented against it) it was not an opposed order, Off. J. 1900-1, pp. 3. 12. 38; H. C. Paper, No. 243, 1904, Q. 126. The inquiry on two opposed provisional orders in 1902 was deferred

and was not directed to be held
until 1904, Off. J. 1901-2, pp. 25.
89. 109; Parl. Deb. 4 s. 1179-85;
P. L. R. ii. 48, and iv. 29. 61. The
time and place of each inquiry are
fixed by the commissioners ap-
pointed to hold it, due notice being
given to the parties concerned, s. 6
(1); G. O. 76; and cf. H. C. Paper,
No. 243, 1904, Qs. 961. 2638-9.

Sec. 5 (2); S. O. 253 (H. C.), 185
(H. L.).

29.

Sec. 4, and cf. Off. J. 1904-5, p.

5 Sec. 5 (1) (3). If need be, three or all of the commissioners may be