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The Board of Educa

tion.

War Office and Admiralty.

Military lands.

Naval

Works.

The Post
Office.

XXX.

By the Education Acts, 1870 to 1903, the Board of Chapter
Education, on the application of a local education autho-
rity (including the London County Council) in England
or Wales, were empowered to grant a Provisional Order
(after an inquiry) empowering the authority to put in force
the compulsory powers of the Lands Clauses Acts for the
purchase of a school site.1

By the Military Lands Act, 1892,2 which repeals the
Ranges Act, 1891, the Secretary of State is enabled to
grant Provisional Orders for the compulsory acquisition
of land for military purposes, by himself, by a volunteer
corps, or by a county or borough council in behalf of
such volunteer corps or a yeomanry corps.
And the same
powers, except so far as they relate to a volunteer corps,
have since been given to the Admiralty under the pro-
visions, and for the purposes of, the Naval Works Act,
1895.3

4

Again, by the Telegraph Act, 1892, the powers of the Postmaster-General are extended by Provisional Order,5 and if he considers that a district is debarred from the public convenience of telegraphic communication owing to the refusal or failure of any person to consent to the construction or maintenance of a work by the Postmaster-General, he

1 By the Education Act, 1902 (2 Edw. VII. c. 42, ss. 17 (7) 21), the Board of Education were also empowered to make Provisional Orders for the constitution of education committees in those cases where no scheme which they could approve had been made for this purpose, as prescribed in the Act, within a year after its passing. Two such Provisional Orders (relating to Swansea and to Cardiff) were made and confirmed in 1904.

255 & 56 Vict. c. 43.

3 58 and 59 Vict. c. 35. And cf.

156 C. J. 201, &c.

55 & 56 Vict. c. 59.

5 When land is proposed to be taken for the purposes of the Post Office the procedure is directly by a public bill containing all the enact

ing provisions, and without the
interposition of the Provisional
Order (scheduled to a confirming
public bill); but if while the bill is
pending in either House of Parlia-
ment a petition is presented against
it, the bill is thereupon treated in
the same manner as an opposed
private bill. By the Post Office
(Land) Act, 1881 (44 & 45 Vict.
c. 20), the Postmaster-General is
empowered to give three months'
notice to all persons interested in
the land proposed to be compulsorily
taken, and the Treasury, after a
local public inquiry into the objec
tions of such persons, may bring in
a public bill for exercising the
powers of the Lands Clauses Acts
for the compulsory purchase of
land.

Chapter may apply to the Railway and Canal Commission, who, Post Office.

XXX.

upon conditions mentioned in the Act, may make an
order dispensing with such consent; and if the person
whose consent has been so dispensed with petition the
Commission that the order be laid before Parliament,
it becomes a Provisional Order, and is treated accord-
ingly, while if no such petition be presented, the order
is final.

sion.

By the Charitable Trusts Act, 1853,1 where a new The Charity scheme for the management of a charity cannot be carried Commisinto complete effect by the Court of Chancery or other court under the jurisdiction created by the Act, or otherwise than by the authority of Parliament, the Board of the Charity Commissioners (on the application of the trustees or others concerned in the management, or interested in the benefits, of a charity, or upon the report of an inspector, or upon information otherwise obtained by the Board) are enabled provisionally to approve and certify a new scheme which, set forth in all its details in an annual report to Parliament, may be confirmed by an Act of Parliament, such Act to be deemed a public general Act; and the confirming bill is treated throughout as a public bill, and is not referred to the committee of selection.2

The very extensive powers conferred on the Secretary The for Scotland, by the Private Legislation Procedure (Scot- for ScotSecretary land) Act, 1899, of making Orders that are submitted to land. Parliament for confirmation in a bill, are dealt with in the ensuing chapter. That Act does not affect the power which, at the time of its passing, was already vested in. the Secretary for Scotland of granting Provisional Orders under other Statutes; but the special procedure prescribed,

16 & 17 Vict. c. 137, s. 54, et seq.

2 Jewish United Synagogues Bill, 1870; Whixley Tancreed's Charities Bill, 1871: Birstal Wesleyan Chapel Bill, 1890; Sunderland's Charity Bill, 1891; Addenbrooke's Hospital

Bill, 1903.

In 1867, John Kendrick's Loan Charity (Reading Grammar School) Bill was a private bill and was referred to the committee of selec tions.

for

XXX

Secretary by section 9 of the Act, in regard to bills for the confirma- Chapter Scotland, tion of certain orders issued under its provisions (see p. 905) is made applicable "with the necessary modifications" to bills for the confirmation of orders made by the Secretary for Scotland under the provisions of any Act already in force at the time of its passing.1 The statutes (other than the Private Legislation Procedure (Scotland) Act of 1899) under which Provisional Orders may be granted may be shortly summarized:

Public
Parks

(Scotland).

Police
(Scotland).

Burgh

Police

Act.

I. The Secretary for Scotland is empowered to make Provisional Orders under the Public Parks (Scotland) Act, 1878:2 for enabling local authorities to acquire and lay out land for public parks and pleasure-grounds, and to put in force the powers of the Lands Clauses (Scotland) Acts, for compulsory powers of purchase, for this purpose. And

II. Under the Police (Scotland) Act, 1890:3 (a) for authorizing the application of any excess over liabilities of a pension fund; and (b), on the application of the police authority, for the discontinuance of further investments of capital by reason of a pension fund being sufficient to meet its liabilities.

III. Under the Burgh Police (Scotland) Act, 18921 (as (Scotland) read in conjunction with the Town Councils (Scotland) Act, 19005), the Secretary for Scotland is enabled to issue Provisional Orders, on application being made for them as described in the Act, (a) to alter the number of the magistrates and council of any burgh, where they are the "commissioners "6 under the Act; (b) to confer additional powers for the better carrying out of the purposes of the Act in any burgh to which the Act applies, for the repeal of any exemption from rating, or for certain other specified objects; and (c) to provide for the amalgamation of contiguous or adjacent burghs for the purposes of the Act and for municipal purposes, or for carrying on jointly such

1 62 & 63 Vict. c. 47, s. 16 (1).

2 41 & 42 Vict. c. 8.

353 & 54 Vict. c. 67, s. 24.

55 & 56 Vict. c. 55, s. 44, et seq.

563 & 64 Vict. c 49.

Cf. 63 & 64 Vict. c. 49, s. 7.

Chapter administration, or for jointly executing conduits, sewers, Secretary or drainage works.

XXX.

for

Scotland.

Sea

IV. The power which was formerly vested in the Board of Trade, under the Sea Fisheries (Clam and Bait) Fisheries (Scotland). Act, 1881,1 of making a Provisional Order for the protection of any clam or bed bait in the United Kingdom, and which was repealed as regards England and Wales by the Sea Fisheries Regulation Act of 1888,2 was transferred as regards Scotland to the Fishery Board (Scotland) and the Secretary for Scotland by two Acts passed respectively in 1885 and 1887; and by the same two Acts a similar transference was made of the powers as regards Scotland, which were formerly exercised by the Board of Trade, of making Provisional Orders as to Oyster Fisheries under the Sea Fisheries Acts.4

3

Govern

Acts.

V. Under the Local Government (Scotland) Acts,5 Pro- Local visional Orders may be granted (a) for the transfer to county ment councils of the powers of government departments and (Scotland) other authorities; (b) for altering, on the representation of a county or town council, the boundaries or contents of any county, burgh, or parish; and (c) for constituting a joint committee representing counties and burghs for enforcing the provisions of the Rivers Pollution Prevention Act, 1876. VI. By the Local Government (Scotland) Act of 1894, The Local the Local Government Board for Scotland was constituted, ment with the Secretary for Scotland as President, and was (Scotland). empowered, in certain circumstances, to grant an order- Allotwhich, if opposed, has to be confirmed by Act of Parliament-for securing land for allotments."

Govern

Board

ments.

Health

VII. Under the Public Health (Scotland) Act, 1897,7 the Public Board is also empowered, on the application of a local (Scotland). authority as defined in this Act, to make an order enabling

144 & 45 Vict. c. 11.

2 51 & 52 Vict. c. 54.

3 48 & 49 Vict. c. 70, s. 11; 50 & 51 Vict. c. 52, s. 2 (3).

These powers as regards England and Wales are now exercised by the Board of Agriculture and have

already been described.

$ 52 & 53 Vict. c. 50, s. 15, Part VII. (and 57 and 58 Vict. c. 58, s. 46), and ss. 55. 91. 93.

57 & 58 Vict. c. 58, ss. 25 & 26. 760 & 61 Vict. c. 38, s. 145.

Local

Government Board

(Scotland).

Education Department

(Scotland).

The Lord

XXX.

such authority to put in force, for the purposes of the Act, Chapter
the powers of the Lands Clauses Acts with respect to the
compulsory purchase of land. The order so made is only
provisional if opposed; and in this case it is specially pro-
vided that the bill for its confirmation is either to be referred
to a committee, in the same manner as other provisional
order bills, or to be referred to a joint committee; and
that the committee may award costs1 by a majority.

VIII. Under the Education (Scotland) Act of 18782 the
Scotch Education Department, on the application of a
school board, may make a Provisional Order for putting
in force the powers of the Lands Clauses (Scotland) Acts
for the purchase of land otherwise than by agreement
for the purposes of the Education Acts.

The provisions, for granting Provisional Orders, that are contained in the Redistribution of Seats Act, 1885, the Housing of the Working Classes Act, 1890, and the Alkali, &c., Works Act, 1906, have already been noticed inter alia in connection with England and Wales, and mutatis mutandis they apply to Scotland.

Under the Tramways (Ireland) Acts, the Lord-LieuLieutenant tenant is authorized to grant orders which in certain in Council. circumstances must be embodied in a bill and confirmed

of Ireland

Tramways

(Ireland). by Parliament, the confirming bill being treated in all respects as a public bill and not in the manner usual with Provisional Order bills.3

Light Railways (Ireland).

The
Local

Govern-
ment

4

By the Light Railways (Ireland) Act of 1889 the Lord-
Lieutenant is invested with a similar power of making an
Order in Council with regard to the construction of light
railways in Ireland.

The powers, for making Provisional Orders, of the Local Government Board for Ireland under the Redistribution of Seats Act, 1885, and the Housing of the Working (Ireland). Classes Act, 1890, so far as Ireland is concerned, are the same as those of the Local Government Board for

Board

1 Cf. supra p. 821.

2 41 & 42 Vict, c. 78, s. 31

3 E.g. Tramways Order in Council

(Ireland), &c., Bills, 1891, 1898, &c.
+52 & 53 Vict. c. 66.

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