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to appoint all the commissioners for an inquiry from the Chapter
empowered to fill it up from any of the three panels.? Proceed. The proceedings before a commission are largely a
ore counterpart of those before a private bill committee in sion on either House of Parliament. The commissioners are inquiry.
similarly restricted from inquiring into matters to be
members of the same parliamentary panel, s. 5 (4). Cf. commission on Group B, 1902.
. Sec. 5 (5). Cf. commissions on Group B, 1903; Groups A and B, 1904; Group B, 1905; &c.
Sec. 5 (6). The occurrence of & dissolution of Parliament does not debar any member of the parlia. mentary panels from continuing to act in an inquiry on which he has already been appointed as & com
missioner, s. 5 (7).
3 G. O. 88.
9 134 L. J. 300; 135 ib. 81 ; 136 ib. 120; 156 C. J. 151 ; 157 ib. 373; 159 ib. 144.
10 Sec. 6 (4); G. 0.95; cf. also sec. 11 (3), and sec. 17.
Chapter into the allegations of the provisional order referred to
them, and whether they have or have not agreed to the
refused, ever modifications may appear to be necessary having issued, etc. regard to the recommendations of the commissioners, of the two Chairmen, and of the Treasury and other public departments.8
(6) Proceedings on order on which no inquiry is held.- (6) ProIf there is no opposition to a proposed order (or oppo- order on
ceedings on sition has been formally withdrawn before an inquiry has been held o), and if the Secretary for Scotland does held. not consider an inquiry necessary, he makes the order Issue of as prayed for, or “with such modifications as shall appear Order. to be necessary having regard to " recommendations from i G. 0. 93. 94.
3 Sec. 6 (5.) ? Sec. 10; G. 0. 79A.
6 When the commission report 3 Sec. 6 (3); G. 0. 78. 79.
that an order should be issued with * Sec. 6 (2); G. O. 94 ; Off. J. 1900- modifications—the most common 1, p. 45. The Act does not confer case—they are to submit a copy of upon the commissioners the more the order showing the modifications extended power of awarding costs they recommend. possessed by parliamentary com Off. J. 1903-4, p. 42. mittees (supra, p. 820; and cf. 8 Sec. 8 (1). P.L. R. i. 60. 61; H. C. Paper, No. • G. 0. 146; Off. J. 1900-1, p. 76. 243, 1904, Q. 333).
(c) Provisional orders modified.
the Chairmen and from public departments. But in dealing Chapter
(c) Modifications.—Wherever any modifications are made
III. Procedure upon Bills to confirm Orders.
The Act creates a cardinal distinction, in respect of their
i Sec. 7; G. 0. 75A. 142.
2 Sec. 1. 7. 8 (1); G. O. 98. 133, &c.
3 G. 0. 74. The Examiners then report “ No further General Orders applicable,” or “Further General Orders complied with" or "not complied with," as the case may be.
Cf. Off. J. 1904-5, pp. 37. 65., &c.
+ Secs. 7. 8 (1); G. 0. 98 5 Secs. 7. 8 (3); and cf. Off. J. 1904-5, p. 88.
The Secretary for Scotland determines in which house it shall origi. nate. See H. C. Paper, No. 243, 1904, Q. 154.
Chapter which an inquiry by commissioners has been held, and bills
to confirm those unopposed orders upon which no inquiry
inquiry has sideration is made immediately upon its introduction, and been held after it has been considered and read the third time there it is sent to the second house in the ordinary way. In the second house a precisely similar course is followed. The order for the consideration stage is made immediately on the bill being brought from the first house, and the subsequent proceedings are the same as upon any ordinary public or provisional order bill.6
(2.) The procedure in the case of a bill to confirm any (2.) Proorder upon which an inquiry has been held is prescribed by
ills to sec. 9 of the Act.? A bill of this description, on being confirm
orders on first introduced, is read the first time in the house in which which init originates, in the ordinary way; but immediately after the been held first introduction of every bill for confirming an order upon (sec. 8 which there has been an inquiry, an opportunity is given i Secs. 7. 8 (1). 9.
5 158 C. J. 376. 380. 386; &c. ? Under this description is in. • 156 C. J. 328. 334. 339; &c. cluded any bill to confirm an order ? By sec. 16 (1) of the Act, the prowhich has been referred to and re- cedure prescribed in sec. 9 is also ported from a commission, but with made applicable, “with the necesregard to which (owing to the non- sary modifications,” to bills for the appearance of opponents or to other confirmation of orders made by the causes) the commissioners have Secretary for Scotland under the reported that they have not inquired Acts passed prior to 1899. Thus, in into its allegations. In such a case 1906, a bill (Paisley Gas, &c., Prothe bill, being one to confirm an order visional Order Bill) to confirm an upon which no inquiry has been held, order under the Burgh Police (Scotproceeds under sec. 7 of the Act. land) Act, 1892, proceeded under sec. Glasgow Corporation (Tramways 9 of the Private Legislation Proand General) Order Confirmation cedure (Scotland) Act, 1899, except Bill, 1901; 156 C. J. 343.
that, by a modification made in this 3 Sec. 8 (1).
procedure, the bill was referred, after • Sec. 7 (2).
the first reading, to the Examiners.
for the presentation of a hostile petition which may lead Chapter
to a further inquiry being held by a parliamentary comPetition mittee. If no such petition is then presented, no opagainst.
portunity is subsequently given during the passage of
which it originates, a petition be presented against any Motion for order comprised in the bill," any member may then joint com
give notice of a motion to refer the bill to a joint
mentary committee shall or shall not be granted. If
mittee of both Houses of Parliament, and the opponent
which are to be secured in the manner prescribed by the
usual to include in a confirmation C. J. 225. 231 (Arizona, &c., Bill);
3 Sec. 9 (1).
in first house,