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Petitions

quent

Order bill brought from the other house, in which pro- Chapter

XXX visions have been there inserted to which the standing orders of the second house would apply if the bill were a private (local) bill, the Examiners are also directed to inquire and report whether, with respect to these pro

visions, such standing orders have been complied with. Further In the Lords, no Provisional Order bill “shall be read proceedings in the a second time until the Examiner has certified whether Lords.

the standing orders have or have not been complied with.” Second reading. Petitions against Provisional Order bills must be preS.O.(H. L.) sented in the Lords by being deposited in the Private Bill 88.

ons Office before three o'clock on or before the seventh day against, after the second reading, if the bill has originated in that S.O.(H.L.) 92. 93. house; or, in the case of bills brought from the Commons,

on or before the seventh day after the first reading. Committee By standing order No. 96, every Provisional Order bill and subse

see which is opposed is to be referred to a select committee of
es in five Lords; and, by standing order No. 102B-
the Lords.
S.O.(H.L.) “Every provisional order confirmation bill shall as respects any un-
96. 102B. opposed orders scheduled thereto, before being committed to a com-

mittee of the whole house be referred to the chairman of committees
to be dealt with in the same manner as an unopposed local bill."

All Provisional Order bills are then considered in a com

mittee of the whole house and proceed as public bills. Further In the Commons, as soon as the Examiners report that ings in the the standing orders have been complied with—or, in the hons. case of a non-compliance, as soon as the standing orders

committee report that the standing orders should be disSecond pensed with—a Provisional Order bill is ordered to be read l'eading,&c. a second time on the following (or a future) day. After

second reading, every bill for confirming provisional orders
or certificates stands referred to the committee of selec-

tion or to the general committee on railway and canal bills, S.O.(H.C.) as the case may require,' and is “subject to the standing

orders regulating the proceedings on private bills so far as
they are applicable."

For cases where, in departure been specially referred to a joint
from the ordinary rule of commit. committee, see 146 C. J. 129; 147
ment, provisional order bills have ib. 62.

208B.

the

Chapter The time before which petitions against such bills have Petitions XXX. to be deposited in the Commons has already been detailed.1 g

Commit. The proceedings of the referees, and the proceedings of tees on

Provisional committees, on bills for confirming provisional orders or Order bills certificates, are conducted “in like manner as in the case in

Commons. of private bills,” and are subject to the same rules and $. 0. (H.C.)

151. orders of the house as may be applicable. Standing order No. 208A provides that when any order or 8.0.(H.C.)

2084. certificate contained in any such bill is opposed, the committee to whom it is referred shall consider all the orders and certificates comprised in the bill, "and may, if they think fit, divide the bill into two bills, dealing with the opposed and unopposed orders or certificates respectively, and report the same separately."2 The parties promoting the order or certificate are first heard, and their evidence thereon is taken; the petitioners against it follow, and they are heard, whether they oppose the order or certificate as a whole, or only on particular articles or clauses, and the promoters' counsel replies or not, according as the petitioners have or have not called evidence. On the conclusion of the case, the question is put to the committee, “That this order (or certificate) be confirmed,” or “as amended be confirmed,” which is resolved in the affirmative or negative, as the case may be; and the chairman, the preamble having been agreed to, reports the bill with the decision of the committee on the Provisional Orders both opposed and unopposed.

If all the orders or certificates comprised in a confirming

i Supra, pp. 757-8.

? Before the passing, in 1903, of this latter proviso, the division of a bill in such cases could not be carried out by the committee with. out an instruction from the house.

As to a proposed mandatory instruction to a committee to strike out one of the Provisional Orders contained in a bill, cf. proceedings in the house on the Water Provisional Orders (No. 2) Bill, 1893 (12 Parl. Deb. 4 s. 1230), and the

Pier and Harbour Provisional Orders (No. 2) Bill, 1904 (130 ib. 109). And for other instructions given, or proposed to be given, to committees on Provisional Order bills, cf. inter alia Water Provisional Orders (No. 2) Bill, 1893 (148 C. J. 359); Local Government (Ireland) Provisional Order (No. 1) Bill, 1896 (39 Parl. Deb. 4 s. 941-8); Local Government Provisional Orders (No. 14) Bill, 1899 (154 C. J. 284, and 73 Parl, Deb. 4 s. 414-31).

bill are unopposed, the bill is treated by the committee of Chapter

XXX. selection or the general committee on railway and canal bills, as the case may require, as an unopposed private bill.

Some difficulties are experienced by committees on Provisional Order bills where it becomes necessary to amend the order. If the provision inserted by way of amendment comes within the powers conferred by statute on the authority which grants the Provisional Order, it is inserted by the committee in the text of the order, while, on the other hand, if the amendment be of such a nature that it is in excess of the powers so conferred, it is inserted in the confirming bill. New matter should not be introduced into the order which would be inconsistent with the public notice and advertisement of the purpose of the order, required by the Act under which the Provisional Order is

granted. Report and On being reported, a Provisional Order bill is ordered to stages in be considered, as amended—or, if not amended, to be read the Com- the third time-on the following (or a future) day. mons.

* This practice has been followed with respect to compliance with the in deference to the wishes of the standing orders (156 O. J. 302). Local Government Board, who ob- The Examiners made a special ject, on the question of precedent, report, stating that, if it was inthat an order emanating from them tended that the bill should be should contain provisions which treated as a private bill, the stand. they were not authorized by the ing orders had not been complied enabling Act to have inserted in the with, inasmuch as no notice had order. It has been suggested that been given of the powers sought in all amendments should be inserted clause 2 as amended by the comin the order, and some method be mittee, but that the standing orders adopted of distinguishing those did not contemplate the examinamade by the authority of Parlia- tion of confirmation bills except in ment.

regard to the standing orders with In 1901 the committee on which compliance is required the Local Government Provisional in the case of such bills and with Orders (No. 7) Bill (which com, which compliance had in this case prised orders relating respectively to been already proved (156 C. J. 307). South Shields and to other places), And the standing orders committee, inserted provisions affecting the to whom this report was referred, boundary of the borough of South reported that no standing orders Shields, and stated their reasons for not previously inquired into were doing so in their report on the bill applicable (156 C. J. 307. 318). On (156 C. J. 290; and Minutes of consideration of the bill as amended, Evidence, Group N, June 19-28 and clause 2, by which the South Shields July 2, 1901). The bill was there boundary was altered, was omitted. upon referred to the Examiners

CHAPTER XXXI.

onal

. 47.

PRIVATE LEGISLATION PROCEDURE (SCOTLAND). Chapter The Private Legislation Procedure (Scotland) Act, which Private XXXI.

was passed in 1899,- provides the machinery and prescribes tion, in the the method by which parties must now proceed when they sa

oy Scotland, desire “ to obtain parliamentary powers in regard to any not carried

on by matter affecting public or private interests in Scotland for private

bills, but which they are entitled to apply by a petition for by proleave to bring in a private bill.” Under the system so

We orders set up, instead of presenting a petition for a private bill, under the

Act 62 &
“they shall proceed”—to quote the directions of the Act 63 Vict.
-"by presenting a petition to the Secretary for Scotland, C. *
praying him to issue a Provisional Order in accordance
with the terms of a draft Order submitted to him or with
such modifications as shall be necessary.”2
The Act does not affect the powers which at the time of Scope of

Act.
its passing were already possessed by the Secretary for
Scotland of making Provisional Orders under the provisions
of statutes then in force. Nor does it affect the procedure
specified in such statutes, except that, where the orders
issued under their provisions require parliamentary con-
firmation, the confirming bill in its passage through Par-
liament shall follow the special procedure (described later)
which is laid down in sec. 9 of the Private Legislation Pro-
cedure (Scotland) Act. The special procedure, throughout,

1 62 & 63 Vict. c. 47. An Official No. 243) of 1904, on the Private Journal (Off. J.) of Proceedings upon Legislation Procedure (Wales) Bill Applications to the Secretary for 1904 (Appendix, No. 2, &c). Scotland under the Act, is periodi : Sec. 1 (1); and cf. H. C. Paper cally issued by the department. Cf. No. 243, 1904, Q. 1165. As to also the volumes, periodically pub- county or town councils, promoting lished, of Private Legislation (Scot- or opposing Orders, &c., under the land) Reports (P. L. R.), edited by Act, see sec. 11, and 3 Edw, VII. c. Constable, Macmillan & Beveridge; * 9, s. 3. and the Report and Minutes of Evi. Sec. 16. And cf. Constable & dence of the Select Committee (H, C. Beveridge's Treatise (1900) on

between

Difference upon Orders under the Private Legislation Procedure Chapter

XXXI these

een (Scotland) Act, and upon the bills for their confirmation,
orders and is materially different, in most respects, from the proce-
ordinary
provisional dure upon the ordinary Provisional Orders and Provisional
orders.

Order bills described in the last chapter. The objects,
moreover, that can be obtained through an ordinary Pro-
visional Order are confined, by the particular enabling
Act under which it is granted, within very specifically
defined limits; but the objects to be obtained through an
order under the Act of 1899 comprise almost every matter
in Scotland in regard to which parties “are entitled to"
seek parliamentary powers by the means of a private bill

-the only objects that are expressly excepted being
specified in sec. 16 of the Act, which provides that the Act
“shall not apply to Estate bills," and shall not

“affect the right of any person to apply for or the power of the
Board of Trade or other department to wake provisional or other
orders under the provisions of any Act in force at the passing of
this Act or the procedure therein specified, or confer upon the
Secretary for Scotland power to make Provisional Orders autho-
rizing and regulating the supply of Electricity for lighting and other
purposes."

The provisions of the Act are supplemented, and the
The
"General proceedings under it regulated in detail, by a number of
Orders."

General Orders ” made (in accordance with its provisions)
by the Chairman of Committees of the House of Lords
and the Chairman of Ways and Means in the House of
Commons, acting jointly with the Secretary for Scotland."
The main aim of the Act being to provide a special
machinery and procedure, in the promotion of under-
takings in Scotland, in place of the proceedings upon a
private bill in its preliminary and committee stages,
these general orders will be found to correspond very
largely to the standing orders of both houses by which

Provisional Orders applicable to
Scotland, pp. 22, 23.

i Sec. 15. 18. Every “general order," when made, is laid before Parliament. Alterations are also made in these general orders, as in

the standing orders, from time to time, a complete copy of them, as amended, being published by the department of the Secretary for Scotland.

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