Local make a provisional order to include a further urban district Chapter within the limits of supply.

Government Board.

Brine

Pumping.

Diseases

(Animals).

Alkali
Works.

The Home Office.

Explosive

Substances.

The Local Government Board is also empowered to grant Provisional Orders under the following Acts:

IX. Under the Brine-Pumping (Compensation for Subsidence) Act, 1891:1 (a) for forming a Compensation District, and for establishing a Board entrusted with powers of rating brine-pumpers in order to meet the claims for compensation under the Act, and for a reserve fund and other expenses of the Board, on the application of any owner or owners of land in England or Wales of a rateable value of 2000l., or of any Local Authority, suffering through the subsidence of the ground caused by the pumping of brine; also (b) for altering the boundaries of a compensation district on a like application, or on the application of a brine-pumper.

X. Under the Diseases of Animals Act, 1894:2 for enabling a Local Authority (as defined in the Act) to acquire land, by compulsory purchase under the provisions of the Public Health Act, 1875, s. 176, for wharves or other purposes, or for use for the burial of

carcases.

XI. And under the Alkali, &c., Works Regulation Act, 1906 for preventing the discharge of noxious or offensive gases from cement works. This Act applies to the United Kingdom.

The Home Office is enabled, under the following Acts, to grant Provisional Orders for the purposes hereinafter enumerated:

I. Under the Explosives Act, 1875: (on the application of any Local Authority, borough council, or district council, or of any persons dealing in any way with explosives within the jurisdiction of these authorities) for the repeal or alteration of any local Act, charter, or custom by which powers are conferred on any Local

154 & 55 Vict. c. 40.

2 57 & 58 Vict. c. 57, s. 33.

38 & 39 Vict. c. 17, s. 103.

XXX.

Chapter Authority respecting the manufacture, &c., of explosive substances.

XXX.

Home

Office.

tan Police.

II. Under the Metropolitan Police Act, 1886:1 (on the Metropoliapplication of the Receiver for the Metropolitan Police) for the compulsory purchase, under the Lands Clauses. Acts, of land, &c., required for the purposes of the metropolitan police force.2

3

III. Under the Police Act, 1890: (a) (on the applica- Police. tion of a "police authority" as defined in the Act) for authorizing the payment, for such purposes as may seem expedient, of any assets of a pension fund which are not required for its liabilities, and the discontinuance of further investments of capital in cases where a pension fund is sufficient to meet its liabilities; and (b) (on the application of the authority controlling a fire brigade, fire police, or other "special force") for adjusting the financial relations between this special force and the police force of the same area, as regards the payment of pensions that are provided for, for both forces similarly, by any local Act.

Under the Police Act, 1893: 4 for bringing into harmony with that Act any provisions as to a fire brigade or fire police contained in a local Act. These Acts extend to England and Wales. And

IV. Under the Provisional Order (Marriages) Act, 1905: 5 Marriages. for removing doubts as to the validity of marriages which appear to the Secretary of State to be of doubtful validity

by reason of some informality.

of Trade.

The Board of Trade is invested under the following The Board Acts with large and extensive powers in the granting of Provisional Orders and Certificates, namely:

Harbours.

I. Under the General Pier and Harbours Acts, 1861 and Piers and 1862, Provisional Orders may be granted for the formation, management, and maintenance of piers and harbours

149 & 50 Vict. c. 22, s. 4.

This power was extended by the Act 60 & 61, Vict. c. 26, s. 4 to the case of land required for the purposes of the metropolitan police courts.

3 53 & 54 Vict. c. 45, s. 22.
56 & 57 Vict. c. 10, s. 8 (2).
55 Edw. VII. c. 23.

624 & 25 Vict. c. 45; 25 & 26
Vict. c. 19.

Trade.

XXX.

Board of throughout the United Kingdom (except parts of the Chapter Rivers Thames, Mersey, Clyde, Wear, Humber,1 and Tyne), the estimated expenditure on which shall not in any case exceed 100,000l., or for the levying of rates at existing piers and harbours. Such Provisional Orders may include provisions for the election or appointment of commissioners as undertakers, the incorporation of a company, and the making of bye-laws by the undertakers; and for the taking of land on lease, the levying of rates, and the borrowing of money on the security of the rates.

Pilotage.

Gas and
Water.

II. Under the Merchant Shipping Act, 18942 (by which the Merchant Shipping Amendment Act, 1862, and the Merchant Shipping (Pilotage) Act, 1889, were repealed) the Board of Trade may grant Provisional Orders, in circumstances specified in the Act, for the transfer of the whole or part of a pilotage jurisdiction from one port to another; for the constitution of new pilotage authorities and the extension of the limits of existing ones; for the exemption of vessels from compulsory pilotage; and for the direct representation of pilots and shipowners on the pilotage authority of any district. These provisions apply to the United Kingdom and the Isle of Man.

III. Under the Gas and Water Facilities Act, 1870, and the Gas and Water Facilities Amendment Act, 1873,5 the Board of Trade may make Provisional Orders where powers are required (a) for constructing and maintaining gasworks or waterworks in districts where there is not an existing supply of gas or water by a company or person authorized by Parliament; (b) for raising additional capital for these purposes; (c) for authorizing

1 Under the Humber Conservancy Act, 1871, the Board may make Provisional Orders for certain purposes connected with the Humber Conservancy Commissioners.

57 & 58 Vict. c. 60, ss. 575-580. 3 Ib. s. 572.

433 & 34 Vict. c. 70.

5 36 & 37 Vict. c. 89, s. 12. This Act enables the Board inter alia to amend or wholly or partially to revoke by Provisional Order any Order made under the Act of 1870.

XXX.

Trade.

Chapter agreements between companies or persons for the joint Board of supply of gas or water or for the amalgamation of such undertakings. These Acts apply to the United Kingdom excepting the Metropolis.

1

IV. Under the Tramways Act, 1870; the Board may Tramways. make a Provisional Order for authorizing the construction

of tramways in any district in England and Wales, or for
amending a previous order, on the application (a) of the
Local Authority of such district, subject, however, to the
special approval of the application by a majority of its
members in manner prescribed by the Act; and (b) of any
person, corporation, or company, with the consent of the
Local or Road Authority: but this consent may be dis-
pensed with if the Board be satisfied, after inquiry, that
two-thirds of the proposed tramway is to be laid in districts
where these authorities consent to its construction.

Under the Military Tramways Act, 1887,3 and the Naval
Works Act, 1899, the Board of Trade may make Provisional
Orders, on the application respectively of the War Office
(by the Secretary of State) and of the Admiralty, authoriz-
ing these departments to construct tramways on land
belonging to them and to acquire,5 if need be compulsorily,
any further land for this object that they may require.

7

6

V. Under the Electric Lighting Act, 1882; the Board Electric Lighting. of Trade may grant a Provisional Order for authorizing any Local Authority, company, or persons to supply electricity for any public or private purposes within any area, for such period limited or unlimited as the Board may think proper. By the amending Act of 1888,8 the consent is required of the Local Authority of any district in which such supply is proposed, unless the Board be of opinion that this consent ought to be dispensed with and

133 & 34 Vict. c. 78, s. 4.

2 Ib. sched. A. part iii.

350 & 51 Vict. c. 65.

462 & 63 Vict. c. 42, s. 2.

For this purpose the provisions of the Lands Clauses Acts may be incorporated with the Provisional Order, 50 & 51 Vict. c. 65, s. 5.

645 & 46 Vict. c. 56 (U. K.)

As to the form of Orders issued under the Electric Lighting Acts, cf. the Electric Lighting (Clauses) Act, 1899, 62 and 63 Vict. c. 19.

851 & 52 Vict. c. 12. See also 53 & 54 Vict. c. 13 as to local authority in Scotland.

Board of make a special report to Parliament of the grounds on Chapter F

Trade.

Railway

and Canal Traffic.

which they have so decided. The latter Act contains a
reservation that the grant to supply electricity to any area
should not hinder or restrict the granting of a licence or
Provisional Order to the Local Authority or others within
the same area.

VI. Under the Railway and Canal Traffic Act, 18881 (as
amended by the Railway and Canal Traffic Act, 18922),
Provisional Orders may be granted for fixing railway rates
for merchandise. Every railway company is directed to
submit to the Board of Trade a revised classification of
merchandise traffic, and a revised schedule of maximum
rates, including terminal charges. If the Board, after
hearing all the parties whom it considers entitled to be
heard on the subject, comes to an agreement with the rail-
way company, it must embody the agreed classification
and schedule in a Provisional Order. If the railway
company fail to submit this classification and schedule
within the prescribed time, or if the Board (who, in this
case also, hear the parties concerned) is unable to agree
with the company, the Board, if so desired by the company,
must-" and in any case may"-embody in a Provisional
Order the classification, &c., which in its opinion ought
to be adopted by the railway company. It may be
assumed that in the latter case the railway company would
be the opponents of the Order when, following the ordinary
course, it is referred to a committee for consideration. At

151 & 52 Vict. c. 25, s. 24; and see also 54 & 55 Vict. c. 12.

As to the provisions regarding canals in the Railway and Canal Traffic Act, 1888, see ss. 36. 45, &c. By section 45, Provisional Orders may be framed to deal with "derelict" canals, i.e. canals which have for three or more years been disused for navigation or have become unfit for navigation or are a nuisance to neighbouring lands. Such canals may be abandoned by the existing proprietors under the authority of

a warrant of the Board of Trade,
and the warrant may be granted
on condition that the canal be
transferred to any person, body of
persons, or local authority. A
scheme for its future management
may then be framed by the Board
and embodied in a Provisional Order,
to be confirmed by Parliament.
(Cf. e.g. the Thames and Severn
Canal Order Confirmation Act, 1901,
1 Edw. VII. (local and personal)
cap. iii.).

255 & 56 Vict. c. 44.

XXX