페이지 이미지
PDF

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

inquiry.

similarly restricted from inquiring into matters to be
proved before the examiner,3 and are required to sign
similar declarations before proceeding to business.4 The
manner in which particular classes of undertakings or
proposals are to be dealt with and reported upon is
similarly conditioned and prescribed; 6 and the rules as to
the attendance, voting, and adjournment of the commis-
sioners,6 as to the admission of affidavits and proof of con-
sents,7 and as to the " filled up" and the signed copy of
the order, &c.,8 are the same mutatis mutandis as with a
private bill committee. The evidence taken before par-
liamentary committees is occasionally referred by one or
other house to a commission;9 and any recommenda-
tions made by the Chairmen of both houses, or by any
public department, with regard to a proposed order, are
always referred to the commissioners and must be
mentioned in their report.10 The commissioners must
also report in every case whether they have inquired

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.

[ocr errors]

Chapter into the allegations of the provisional order referred to

XXXI.

.them, and whether they have or have not agreed to the
preamble or gone through the clauses.1 In addition, the
commissioners are empowered to enforce the attendance
of witnesses and the production of papers.2 Any person
who has petitioned in the prescribed manner is entitled to
appear in opposition to an order;8 but the commissioners,
whose decision on any question of locus standi is final, may
not allow a locus to any person who is not thus entitled
to be heard, except upon special grounds and subject, at
the commissioners' discretion, to the payment of costs or to
other conditions.4

On finishing their inquiry the commission report to Report of
the Secretary for Scotland,5 recommending (a) that the Sonen!"
order should be issued as prayed for, or (b) that it should
be issued with modifications,0 or (c) that it should be
refused.7 If they report that the order should not be
made the Secretary for Scotland must refuse to issue it;
otherwise he makes the order as prayed for, or with what- Orde«
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

(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.
243, 1904, Q. 838).

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.

[graphic]

III. Procedure upon Bills to confirm Orders.

[ocr errors][ocr errors]

XXXI.

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?

inquiry has

sideration is made immediately upon its introduction, and been held
after it has been considered and read the third time there ^*ec"
it is sent to the second house in the ordinary way.6 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 sub-
sequent proceedings are the same as upon any ordinary
public or provisional order bill.6

(;?.) 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-
it originates, in the ordinary way; but immediately after the been^heid
first introduction of every bill for confirming an order upon ^ec"
which there has been an inquiry, an opportunity is given

1 Sees. 7. 8 (1). 9. » 158 C. J. 876. 380. 886; &c.
1 Under this description is in- • 156 C. J. 828. 884. 889; Ac.
eluded any bill to confirm an order 'By sec. 16 (1) of the Act, thepro-
which has been referred to and re- cedure prescribed in sec. 9 is also
ported from a commission, but with made applicable, " with the n'eces-
regard to which (owing to the non- sary modifications," to bills for tho
appearance of opponents or to other confirmation of orders made by the
causes) the commissioners have Secretary for Scotland under tho
reported that they have not inquired Acts passed prior to 1899. Thus, in
into its allegations. In such a caso 1906, a bill (Paisley Gas, &c, Pro-
the bill, being one to confirm an order visional Order Bill) to confirm an
upon which no inquiry has been held, order under the Burgh Police (Scot-
proceeds under sec. 7 of the Aot. land) Act, 1892, proceeded under sec.
Glasgow Corporation (Tramways 9 of the Private Legislation Pro-
and General) Order Confirmation cedure (Scotland) Act, 1899, except
Bill, 1901; 156 C. J. 343. that, by a modification made in this

* Sec. 8 (1). procedure, the bill was referred, after

* Sec. 7 (2). the first reading, to the Examiners.

Petition against.

Motion for joint committee.

Appointment of joint committee.

Constitution,

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-
portunity is subsequently given during the passage of
the bill through Parliament of referring it to a committee.
The Act provides that if, before the expiration of seven
days after the introduction of such a bill in the house in
which it originates, a petition be presented against any
order comprised in the bill,1 any member may then
give notice of a motion to refer the bill to a joint
committee of both houses.2 In those cases, therefore,
where a hostile petition is thus presented, it rests
with the house in which the confirming bill originates
to determine whether a further inquiry by a parlia-
mentary committee shall or shall not be granted. If
a motion for a joint committee is made and carried in
that house, " the bill shall stand referred to a joint com-
mittee of both Houses of Parliament, and the opponent
shall, subject to the practice of Parliament, be allowed to
appear and oppose by himself, his counsel, agents, and
witnesses; and counsel, agents, and witnesses may be
heard in support of the order."3 The joint committee so
appointed is to consist of six members, three from each
house, the House of Commons' members being nominated
by the committee of selection.4 The committee hear and
determine any question of locus standi;5 and they may
by a majority award costs, the taxation and recovery of
which are to be secured in the manner prescribed by the
Parliamentary Costs Act, 1867.6 The report of the joint
committee when made is laid before both Houses of

[merged small][ocr errors]
« 이전계속 »