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before commission on
to appoint all the commissioners for an inquiry from the Chapter
The proceedings before a commission are largely a
either House of Parliament. The commissioners are inquiry.
similarly restricted from inquiring into matters to be
members of the same parliamentary
missioner, s. 5 (7).
Sec. 5 (8); G. O. 80.
Sec. 5 (5). Cf. commissions on Group B, 1903; Groups A and B, 1904; Group B, 1905; &c.
3 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
Sec. 10 (5) (6); G. 0. 81-85. 87. ? G. 0. 89-91. 8 G. 0. 86. 92. 96. 9134 L. J. 300; 135 ib. 81; 136 ib. 120; 156 C. J. 151 ; 157 ib. 373; 159 ib. 144.
10 Seo. 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ceedings on sition has been formally withdrawn before an inquiry w
forson incin which no 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. O. 93. 94.
s 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. 0.94; 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 of. 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.
? Sec. 1. 7. 8 (1); G. O. 98. 133, &c.
Cf. Off. J. 1904-5, pp. 37. 65., &c.
• Secs. 7. 8 (1); G. O. 98.
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.
s Secs. 7. 8 (3); and cf. Off. J. 1904-5, p. 88.
The Secretary for Scotland determines in which house it shall originate. 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 (sec. it is sent to the second house in the ordinary way.5 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 Will sec. 9 of the Act.? A bill of this description, on being confirm first introduced, is read the first time in the house in which which in
quiry has it originates, in the ordinary way; but immediately after the been held first introduction of every bill for confirming an order upon (sec. 9). which there has been an inquiry, an opportunity is given
I Secs. 7. 8 (1). 9.
2 Under this description is in. cluded any bill to confirm an order which has been referred to and reported from a commission, but with regard to which (owing to the non appearance of opponents or to other causes) the commissioners have reported that they have not inquired into its allegations. In such a case the bill, being one to confirm an order upon which no inquiry has been held, proceeds under sec. 7 of the Act. Glasgow Corporation (Tramways and General) Order Confirmation Bill, 1901 ; 156 C. J. 343.
3 Sec. 8 (1). • Sec. 7 (2).
5 158 C. J. 376. 380. 386; &c.
156 C. J. 328. 334. 339; &c. ? By sec. 16 (1) of the Act, the procedure prescribed in sec. 9 is also made applicable, “ with the necessary modifications," to bills for the confirmation of orders made by the Secretary for Scotland under the Acts passed prior to 1899. Thus, in 1906, a bill (Paisley Gas, &c., Provisional Order Bill) to confirm an order under the Burgh Police (Scotland) Act, 1892, proceeded under sec. 9 of the Private Legislation Procedure (Scotland) Act, 1899, except that, by a modification made in this procedure, the bill was referred, after the first reading, to the Examiners.
for the presentation of a hostile petition which may lead Chapter
XXXI. 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
committee of both houses. In those cases, therefore,
mentary committee shall or shall not be granted. If
mittee of both Houses of Parliament, and the opponent
witnesses; and counsel, agents, and witnesses may be Constitu heard in support of the order."3 The joint committee so tion,
appointed is to consist of six members, three from each
which are to be secured in the manner prescribed by the Report of Parliamentary Costs Act, 1867.6 The report of the joint joint com. mittee, and committee when made is laid before both Houses of subsequent procedure 1 In practice it has not been ing order 207, until a later day, 156 in first usual to include in a confirmation O. J. 225. 231 (Arizona, &c., Bill); house.
bill more than one order issued 159 ib. 224 (Leith, &c., Bill).
3 Sec. 9 (1).