Chapter those stages are governed. XXXI. The provisional orders to be applied for under the Act are divided, according to the After this brief summary of the general scope of the I. Application for a Provisional Order under the Act. for a deposited at the office of the Secretary for Scotland, provisional 1 General Order (G. O.) 1. G. O. 3-75. By G. O. 144 and 145, the provisions both of the Parliamentary Documents Deposit Acts, 1837, as to documents deposited under the standing orders, and, mutatis mutandis, of the Parliamentary Deposits Act, 1846, as to money deposits in the case of private bills, are made applicable to Sec. 1 (2); G. O. 32. 33. Petitions against. Report on proposed Orders by the Chairmen (Lords and Commons). XXXI. Petitions against a proposed Provisional Order must be Chapter deposited not later than four weeks after the order is applied for.1 The extent of opposition offered to the proposed provisional orders having thus been indicated, the draft orders applied for are taken into consideration, and are reported upon, by the Chairman of Committees of the House of Lords and the Chairman of Ways and Means in the House of Commons, who are expressly empowered by the Act to determine all matters of practice and procedure necessary for this purpose, and who throughout are referred to as "the Chairmen." 3 The Chairmen's report upon each of the draft orders is made to the Secretary for Scotland, and a copy is laid before Parliament. If it appears from their report that either of the Chairmen is of opinion that the provisions or some provisions of a draft order "do not relate wholly or mainly to Scotland, or are of such a character or magnitude, or raise any such question of policy or principle, that they ought to be dealt with by private bill and not by provisional order," the Secretary for Scotland must refuse to issue the provisional order (or the portion of it) which is thus objected 5 1 G. O. 77. 79. In the case of any dissentient at the Wharncliffe meeting held under G. O. 62-66 who would otherwise be precluded from presenting a petition in time, the time is extended. Provision is also made (in G. O. 79) to meet the case of petitioners complaining of matters arising subsequently during an inquiry held under the Act. 2 The Act provides that, "with a view to such report," the Secretary for Scotland shall forthwith inform the Chairmen of any objections, &c., that have been duly made to the provisions of an Order. Sec. 2 (1). Sec. 2 (1) (2); H. C. Paper, No. 243, 1904, Qs. 1075. 1094. • Sec. 2 (2) (3); S. O. 252, (H. C.), 184, (H. L.). • E.g. Chairmen's Report of 17th Feb., 1903. 7 E.g. Chairmen's Reports of 2nd Feb., 1901, and 14th Feb., 1905; &c. 'E.g. Chairmen's Report of 2nd Feb., 1901. In addition to the general grounds, indicated by the Act, upon which they determine how to deal with each application, the Chairmen, "having regard to s. 16 (12)," which concerns schemes for authorizing and regulating the supply of electricity, have generally directed any electric power schemes, for which parliamentary powers have been sought under the Act, to proceed as private bills, H. C. Paper, No. 243, 1904, Q. 436; Chairmen's Report of 17th Feb., 1903, &c. Cf. also Off. J. 1900-1, p. 46; P. L. R. i. 30, 31, Chapter 2 to. In this event, however, it is open to the promoters Substi- 1 Sec. 2 (4); S. O. 250 (H. C.), 182 (H. L.). In the case where the Chairmen have reported that part, only, of a provisional order applied for should proceed as such, promoters can proceed with that part accordingly and with the rest of their original scheme embodied in a private bill. In some instances they have not elected to promote a bill in substitution for the part of their proposed order to which the 6 8 Chairmen have objected, Off. J. 2 Sec. 2 (4); G. O. 77; S. O. 256 3 S. O. 255 (H. C.), 187 (H. L.). Sec. 2 (4); S. O. 256 (H. C.), S. O. 259 (H. C.), 189A (H. L.). order. XXXI. subsequent course is identical with that of a private bill. Chapter Proceed- Every draft order as originally applied for is referred tion of ap II. Provisional orders proceeded with and issued. Considera- When the Chairmen have reported that a proposed plication provisional order may proceed, and there has been a by Secre- due compliance with the general orders, the Secretary for Scotland takes the application for the order into consideration.5 tary for 1 S. O. 255 (H. C.), 187 (H. L.). And cf. the proceedings on the Hutcheson's Hospital & Hutcheson's Educational Trust Bill (in substitution for a provisional order applied for on or before the 17th April, 1903) 135 L. J. 157; 136 ib. 18. 21; Off. J. 1903-4, p. 24. 2 E.g. Loch Leven Water Power Bill, 1901, 156 C. J. 201. 206. 334. 3 G. O. 73. Sec. 3 (2); G. O. 74; and see Chapter which an (a) Orders on which an inquiry is held.-In all cases (a) Prowhere there is opposition and in any case in which, visional posed proeven though there be no opposition, he considers that orders on inquiry is necessary-the Secretary for Scotland directs inquiry is an inquiry (as to the propriety of making and issuing the provisional order applied for) to be held by commissioners sitting in Scotland.2 held. ment of sioners for The commissioners appointed on these inquiries are Appointdrawn from three panels formed under the Act. Two of commisthese are "parliamentary" panels, and consist of not inquiry. more than fifteen members from each house, who, in both houses, are selected and proposed by the committees of selection. The third or "extra-parliamentary" panel is Panels. nominated every five years by the Chairmen and the Secretary for Scotland, and consists of twenty "persons qualified by experience of affairs to act as commissioners; and any casual vacancy occurring in this extra-parliamentary panel is filled up by the Chairmen acting jointly with the Secretary for Scotland. When an inquiry is directed to be held on a proposed order or group of orders, the Chairmen of both houses constitute a commission for the purpose by selecting four members from the two parliamentary panels, taking two members, when it is found. feasible to do so, from the panel of each house, and nominating one of the four as chairman of the commissioners. If the Chairmen of both houses are unable No provisional order is considered as opposed unless the petitions against it have been properly deposited, G. O. 77. Cf. supra, p. 898, as to the deposit of such petitions. 2 Sec. 3 (1). In 1901 an inquiry was directed to be held on the Arizona Copper Company, Ltd., provisional order, although (no petition having been duly presented against it) it was not an opposed order, Off. J. 1900-1, pp. 3. 12. 38; H. C. Paper, No. 243, 1904, Q. 126. The inquiry on two opposed provisional orders in 1902 was deferred and was not directed to be held Sec. 5 (2); S. O. 253 (H. C.), 185 29. Sec. 4, and cf. Off. J. 1904-5, p. 5 Sec. 5 (1) (3). If need be, three or all of the commissioners may be |