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XXXI

for

commis

to appoint all the commissioners for an inquiry from the Chapter
two parliamentary panels, recourse is then had to the
third or extra-parliamentary panel, the Secretary for
Scotland taking from it sufficient members to make up
the required number of commissioners. In the event
of a casual vacancy in the chairmanship or among the
members of a commission, the Secretary for Scotland is

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
proved before the examiner, and are required to sign
similar declarations before proceeding to business. The
manner in which particular classes of undertakings or
proposals are to be dealt with and reported upon is
similarly conditioned and prescribed ; 5 and the rules as to
the attendance, voting, and adjournment of the commis-
sioners, as to the admission of affidavits and proof of con-
sents, and as to the “ filled up" and the signed copy of
the order, &c.,' are the same mutatis mutandis as with a
private bill committee. The evidence taken before par-
liamentary committees is occasionally referred by one or
other house to a commission ;9 and any recommenda.
tions made by the Chairmen of both houses, or by any
public department, with regard to a proposed order, are
always referred to the commissioners and must be
mentioned in their report.10 The commissioners must
also report in every case whether they have inquired

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.
+ Sec. 5 (8); G. 0. 80.
5 G. 0. 99-141.
. Sec. 10 (5) (6); G. 0. 81-85. 87.
? G. 0. 89-91.
8G. O. 86. 92. 96.

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.

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Chapter into the allegations of the provisional order referred to

them, and whether they have or have not agreed to the
preamble or gone through the clauses. In addition, the
commissioners are empowered to enforce the attendance
of witnesses and the production of papers. Any person
who has petitioned in the prescribed manner is entitled to
appear in opposition to an order ; 3 but the commissioners,
whose decision on any question of locus standi is final, may
not allow a locus to any person who is not thus entitled
to be heard, except upon special grounds and subject, at
the commissioners' discretion, to the payment of costs or to
other conditions.
On finishing their inquiry the commission report to Report of

commis-
the Secretary for Scotland, recommending (a) that the sioners.
order should be issued as prayed for, or (b) that it should
be issued with modifications, or (c) that it should be
refused.? If they report that the order should not be
made the Secretary for Scotland must refuse to issue it;
otherwise he makes the order as prayed for, or with what- Orders

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).

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(c) Provisional orders modified.

the Chairmen and from public departments. But in dealing Chapter
with a draft order on which no inquiry is held, he is to _XX
have regard to” the instructions which the general orders
give to a commission in the case of an inquiry; and the
promoters, on due notice being given them, must appear
before him or his representative to give whatever proofs,
and to produce whatever evidence or documents, may be
required in regard to their proposed order.1

(c) Modifications.—Wherever any modifications are made
on any draft order as originally applied for, the order is
referred again, in its modified form, to the examiners in
precisely the same manner as the original draft order.
And before finally making and issuing an order as modi-
fied, the Secretary for Scotland must cause copies of it
to be deposited, for not less than fourteen days, in the
office of the Clerk of the Parliaments and the Private Bill
Office of the House of Commons, at the Treasury, and
at all the offices where the draft order was originally
deposited, and must again have regard to any recommen-
dations that may be made by the Chairmen and the public
departments.

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III. Procedure upon Bills to confirm Orders.
The confirming bill, requisite to give validity to any
provisional order under the Act, is introduced into Parlia-
ment as soon as practicable after the order is made and
issued,” notice being given as in the case of other pro-
visional order bills.

The Act creates a cardinal distinction, in respect of their
passage through Parliament, between bills for the confirma-
tion of those orders (whether opposed or unopposed) upon

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.

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orders on

Chapter which an inquiry by commissioners has been held, and bills
XXXI.

to confirm those unopposed orders upon which no inquiry
has been held. The bills to confirm orders upon which
no inquiry has been held ? proceed under sec. 7 of the
Act. The bills to confirm orders upon which an inquiry
has been held proceed under sec. 9.
(1.) A bill introduced to confirm any order upon which no (1.) Pro-

cedure on
inquiry has been held is deemed to have passed all the bills to
stages up to and including committee. Consequently, in
the house in which the bill originates the order for its con- which no

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.

cedure on

mittee.

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
the bill through Parliament of referring it to a committee.
The Act provides that if, before the expiration of seven
days after the introduction of such a bill in the house in

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
committee of both houses.2 In those cases, therefore,
where a hostile petition is thus presented, it rests
with the house in which the confirming bill originates
to determine whether a further inquiry by a parlia-

mentary committee shall or shall not be granted. If
Appoint- a motion for a joint committee is made and carried in
ment of
joint com- that house, “ the bill shall stand referred to a joint com-
mittee.

mittee of both Houses of Parliament, and the opponent
shall, subject to the practice of Parliament, be allowed to
appear and oppose by himself, his counsel, agents, and
witnesses; and counsel, agents, and witnesses may be
heard in support of the order.”3 The joint committee so
appointed is to consist of six members, three from each
house, the House of Commons' members being nominated
by the committee of selection. The committee hear and
determine any question of locus standi ; 5 and they may
by a majority award costs, the taxation and recovery of

which are to be secured in the manner prescribed by the
Report of Parliamentary Costs Act, 1867. The report of the joint
joint com-
mittee, and committee when made is laid before both Houses of
subsequent
procedure ' In practice it has not been ing order 207, until a later day, 156

Constitution,

usual to include in a confirmation C. J. 225. 231 (Arizona, &c., Bill);
bill more than one order issued 159 ib. 224 (Leith, &c., Bill).
under the Act.

3 Sec. 9 (1).
• The time at which such a 4 S. 0. 254A (H. C.), 186A (H. L.).
motion may be made is immediately 5 Sec. 9 (1); P. L. R. iv, 15.
after the bill is read a second time Sec. 9 (3), and 28 & 29 Vict. c.
in the houses in whichỉit originated. 27. Cf. supra, p. 820; and Con-
In the House of Commons the stable, Beveridge, & Macmillan's
motion for a joint committee if Treatise on Provisional Orders, &c.,
opposed is postponed, under stand. pp. 94-5.

in first house,

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