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Chapter those stages are governed. 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.
Petitions for the issue of a Provisional Order must be Petition
2 for a deposited at the office of the Secretary for Scotland, together with a draft of the proposed order, on or before order. the 17th December, or on or before the 17th April 5—two yearly opportunities being thus given of applying for parliamentary powers under the Act in place of the one opportunity that is open to the promoters of a private bill. A copy of the draft order must also be deposited with the Clerk of the Parliaments, the Private Bill Office of the House of Commons, and various public offices. i General Order (G. O.) 1.
private bills, are made applicable to : G. O. 3–75. By G. 0. 144 and the documents similarly deposited 145, the provisions both of the and to the money deposits similarly Parliamentary Documents Deposit required under the general orders. Acts, 1837, as to documents deposited Cf. supra, p. 695, notes 1 and 2. under the standing orders, and, 3 Sec. 13; G.O. 2. mutatis mutandis, of the Parlia • Sec. 15 (2); G. 0. 143. mentary Deposits Act, 1846, as to 5 G.O. 2B. money deposits in the case of 6 Sec. 1 (2); G. 0. 32. 33.
Petitions Petitions against a proposed Provisional Order must be Chapter against.
deposited not later than four weeks after the order is **
applied for. Report on The extent of opposition offered to the proposed proproposed Orders
visional orders having thus been indicated, the draft orders
Lords and the Chairman of Ways and Means in the House
The Chairmen's report upon each of the draft orders is
« E.g. Chairmen's Reports of 2nd Feb., 1901, and 14th Feb., 1905;
i G. 0. 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. 0. 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
E.g. Chairmen's Report of 2nd
In addition to the general grounds,
ituted billi so); 2 the satisfy the exte
Chapter to. In this event, however, it is open to the promoters Substi-
to proceed by way of a private bill—described as a “sub- tute
i Sec. 2 (4); S. 0. 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
Chairmen have objected, Off. J. 1902-3, p. 28, and 1903-4, p. 24.
? Sec. 2 (4); G. 0. 77; S. 0. 256 (H. C.), 188 (H, L.). 3 S. O. 255 (H. C.), 187 (H. L.).
S. O. 257 (H. C.), 189 (H. L.). 5 Sec. 2 (4).
6 Sec. 2 (4); S. 0. 256 (H. C.), 188 (H. L.).
? S. 0. 259 (H. C.), 189A (H. L.), $ 158 C. J. 16; 159 ib. 31 ; &c.
subsequent course is identical with that of a private bill. Chapter
the ordinary time of prorogation.2
en other of whom reports to him and to the Chairmen whether order. the “preliminary” general orders have or have not been
complied with. In the case of a non-compliance the
II. Provisional orders proceeded with and issued. Considera. When the Chairmen have reported that a proposed
Po provisional order may proceed, and there has been a by Secre- due compliance with the general orders, the Secretary Scotland.
for Scotland takes the application for the order into
i S. 0. 255 (H. C.), 187 (H. L.). Bill, 1901, 156 C. J. 201. 206. 334. And cf. the proceedings on the 420; Scottish Ontario &c. Company Hutcheson's Hospital & Hutche. Bill, 1903, 158 ib. 208. 291. 376. son's Educational Trust Bill (in 412; &c. substitution for a provisional order 3 G. 0. 73. applied for on or before the 17th Sec. 3 (2); G. O. 74; and see April, 1903) 135 L. J. 157; 136 ib. Standing Order 252 (H. C.), 184 (H. 18. 21; Off. J. 1903-4, p. 24.
L.); 157 C. J. 126 ; &c. ? E.g. Loch Leven Water Power 5 Seo. 3 (1).
Chapter (a) Orders on which an inquiry is held. In all cases (a) Pro.
where there is opposition and in any case in which,
which an inquiry is necessary—the Secretary for Scotland directs inquiry is
beld. an inquiry (as to the propriety of making and issuing the provisional order applied for) to be held by com. missioners sitting in Scotland.
The commissioners appointed on these inquiries are Appointdrawn from three panels formed under the Act. Two of commis. these are “parliamentary” panels, and consist of not sioners for 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
I No provisional order is con. sidered as opposed unless the peti. tions against it have been properly deposited, G. 0. 77. Cf. supra, p. 898, as to the deposit of such petitions.
? 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 until 1904, Off. J. 1901-2, pp. 25. 89. 109; Parl. Deb. 4 s. 1179–85; P. L. R. ii. 48, and iv. 29. 61. The time and place of each inquiry are fixed by the commissioners appointed to hold it, due notice being given to the parties concerned, s. 6 (1); G. 0. 76; and cf. H. C. Paper, No. 243, 1904, Qs. 961. 2638-9.
3 Sec. 5 (2); S. O. 253 (H. C.), 185 (H. L.).
Sec. 4, and cf. Off. J. 1904-5, p. 29.
5 Sec. 5 (1) (3). If need be, three or all of the commissioners may be