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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.1 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.2 Proceed- The proceedings before a commission are largely a coSmis^TM counterpart of those before a private bill committee in sionon either House of Parliament. The commissioners are
similarly restricted from inquiring into matters to be
members of the same parliamentary missioner, s. 5 (7).
panel, s. 5 (4). Cf. commission on 'G. O. 88.
Group B, 1902. « Sec. 5 (8); G. 0. 80.
1 Sec 5 (5). Cf. commissions on 5 G. 0. 99-141.
Group B, 1903; Groups A and B, • Sec. 10 (5) (6); G. O. 81-85. 87.
1904; Group B, 1905; &c. 'G. O. 89-91.
• Sec. 5 (6). The occurrence of 8 G. O. 86. 92. 96.
a dissolution of Parliament does '184 L. J. 300; 135 ib. 81; 136
not debar any member of the parlia- ib. 120; 156 C. J. 151; 157 ib. 373;
mentary panels from continuing to 159 ib. 144.
act in an inquiry on which he has "Seo. 6 (4); G.0.95; cf. also sec.
already been appointed as a com- 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
On finishing their inquiry the commission report to Report of
(b) Proceedings on order on which no inquiry is held.— (t) ProIf there is no opposition to a proposed order (or oppo- order"TM °D sition has been formally withdrawn before an inquiry ^j)."*s has been held •), and if the Secretary for Scotland does held, not consider an inquiry necessary, he makes the order issue of as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 0rderto be necessary having regard to" recommendations from
1 G. O. 98. 94. « Sec. 6 (5.)
* Sec. 10; G. 0.79A. « When the commission report
* Sec. 6 (8); G. O. 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. 1908-4, p. 42.
mittees (supra, p. 820; and cf. 1 Sec. 8 (1).
P. L. R. i. 60. 61; H. C. Paper, No. » G. 0.146; Off. J. 1900-1, p. 76.
the Chairmen and from public departments. But in dealing with a draft order on which no inquiry is held, he is to "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) Pro- (c) Modifications.—Wherever any modifications are made order"31 on draft order as originally applied for,2 the order is modified. referred again, in its modified form, to the examiners in precisely the same manner as the original draft order.3 And before finally making and issuing an order as modified, 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 Ihe draft order was originally deposited, and must again have regard to any recommendations that may be made by the Chairmen and the public -departments.4
lutroduc- The confirming bill, requisite to give validity to any 1 ' provisional order under the Act, is introduced into Parliament as soon as practicable after the order is made and issued,8 notice being given as in the case of other provisional order bills.
The Act creates a cardinal distinction, in respect of their passage through Parliament, between bills for the confirmation of those orders (whether opposed or unopposed) upon
• Sec. 1. 7. 8 (1); G. O. 98. 133, « Sees. 7. 8 (1); G. O. 98. &c. » Sees. 7. 8 (3); and cf. Off. J.
* G. O. 74. The Examiners then 1904-5, p. 88.
report "No further General Orders The Secretary for Scotland deter
applicahle," or "Further General mines in which house it shall origi
Orders complied with" or "not nate. See H. C. Paper, No. 243,
complied with," as the case may be. 1904, Q. 164.
III. Procedure upon Bills to confirm Orders.
chapter which an inquiry by commissioners has been held, and bills . to confirm those unopposed orders upon which no inquiry has been held.1 The bills to confirm orders upon which no inquiry has been held2 proceed under sec. 7 of the Act. The bills to confirm orders upon which an inquiry has been held3 proceed under sec. 9.
(1.) A bill introduced to confirm any order upon which no (J.) Proinquiry has been held is deemed to have passed all the buisTM011 stages up to and including committee.4 Consequently, in ^eraon the house in which the bill originates the order for its con- which n?
sideration is made immediately upon its introduction, and been held
(;?.) The procedure in the case of a bill to confirm any (&) Proorder upon which an inquiry has been held is prescribed by MUto0" sec. 9 of the Act.7 A bill of this description, on being
* orders on
first introduced, is read the first time in the house in which which in-
1 Sees. 7. 8 (1). 9. » 158 C. J. 876. 380. 886; &c.
* Sec. 8 (1). procedure, the bill was referred, after
* Sec. 7 (2). the first reading, to the Examiners.
Motion for joint committee.
Appointment of joint committee.
Report of joint committee, and subsequent procedure in first house.
for the presentation of a hostile petition which may lead chapter
to a further inquiry heing held by a parliamentary com
mittee. If no such petition is then presented, no op-