Proceed commis sion on inquiry. XXXI to appoint all the commissioners for an inquiry from the Chapte 6 3 The proceedings before a commission are largely a ings before counterpart of those before a private bill committee in either House of Parliament. The commissioners are similarly restricted from inquiring into matters to be proved before the examiner, and are required to sign similar declarations before proceeding to business. The manner in which particular classes of undertakings or proposals are to be dealt with and reported upon is similarly conditioned and prescribed; 5 and the rules as to the attendance, voting, and adjournment of the commissioners, as to the admission of affidavits and proof of consents, 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 parliamentary committees is occasionally referred by one or other house to a commission; and any recommendations 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 Sec. 5 (5). Cf. commissions on Sec. 5 (6). The occurrence of a dissolution of Parliament does not debar any member of the parliamentary panels from continuing to act in an inquiry on which he has already been appointed as a com missioner, s. 5 (7). 3 G. O. 88. Sec. 5 (8); G. O. 80. G. O. 99-141. • Sec. 10 (5) (6); G. O. 81–85. 87. 8 G. O. 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. O. 95; cf. also sec. 11 (3), and sec. 17. XXXI. 2 Chapter into the allegations of the provisional order referred to them, and whether they have or have not agreed to the preamble or gone through the clauses. In addition, the commissioners are empowered to enforce the attendance of witnesses and the production of papers. Any person who has petitioned in the prescribed manner is entitled to appear in opposition to an order; 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 commis On finishing their inquiry the commission report to Report of the Secretary for Scotland,5 recommending (a) that the sioners. order should be issued as prayed for, or (b) that it should be issued with modifications, or (c) that it should be refused. 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- Orders 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 refused, inquiry is does held. (b) Proceedings on order on which no inquiry is held. (b) Proceedings on If there is no opposition to a proposed order (or oppo- order on sition has been formally withdrawn before an inquiry which no has been held ), and if the Secretary for Scotland not consider an inquiry necessary, he makes the order Issue of as prayed for, or "with such modifications as shall appear to be necessary having regard to 1 G. O. 93. 94. 2 Sec. 10; G. O. 79A. Sec. 6 (3); G. O. 78. 79. Sec. 6 (2); G. O. 94; Off. J. 19001, p. 45. The Act does not confer upon the commissioners the more extended power of awarding costs possessed by parliamentary committees (supra, p. 820; and cf. P. L. R. i. 60. 61; H. C. Paper, No. 243, 1904, Q. 333). recommendations from Order. (c) Provisional orders XXXI the Chairmen and from public departments. But in dealing Chapter (c) Modifications.-Wherever any modifications are made on any draft order as originally applied for, the order is modified. referred again, in its modified form, to the examiners in Introduction of bill. precisely the same manner as the original draft order.3 III. Procedure upon Bills to confirm Orders. The confirming bill, requisite to give validity to any provisional order under the Act, is introduced into Parliament as soon as practicable after the order is made and issued, 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 1 Sec. 7; G. O. 75A. 142. 2 Sec. 1. 7. 8 (1); G. O. 98. 133, &c. 3 G. O. 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. Cf. Off. J. 1904-5, pp. 37. 65., &c. 5 Secs. 7. 8 (3); and cf. Off. J. The Secretary for Scotland determines in which house it shall originate. See H. C. Paper, No. 243, 1904, Q. 154. 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 held 2 proceed under sec. 7 of the Act. The bills to confirm orders upon which an inquiry has been held proceed under sec. 9. cedure on confirm (1.) A bill introduced to confirm any order upon which no (1.) Proinquiry has been held is deemed to have passed all the bills to stages up to and including committee. Consequently, in orders on the house in which the bill originates the order for its con- which no inquiry has sideration is made immediately upon its introduction, and been held (sec. 7). after it has been considered and read the third time there 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. cedure on orders on (2.) The procedure in the case of a bill to confirm any (2.) Proorder upon which an inquiry has been held is prescribed by bills to 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 inquiry 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 1 Secs. 7. 8 (1). 9. 2 Under this description is included any bill to confirm an order which has been referred to and reported from a commission, but with regard to which (owing to the nonappearance 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). 158 C. J. 376. 380. 386; &c. 156 C. J. 328. 334. 339; &c. 7 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. Petition against. 1 XXXI. for the presentation of a hostile petition which may lead Chapter to a further inquiry being held by a parliamentary committee. If no such petition is then presented, no opportunity 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 Motion for order comprised in the bill, any member may then joint committee. 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 parliamentary 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 committee 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 Constitu- 3 heard in support of the order." 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. determine any question of locus by a majority award costs, the which are to be secured in the manner prescribed by the The report of the joint before both Houses of Appointment of joint com mittee. tion. Report of Parliamentary Costs Act, 1867.6 The committee hear and ing order 207, until a later day, 156 ♦ S. O. 254A (H. C.), 186A (H. L.). Sec. 9 (3), and 28 & 29 Vict. c. |