« ZurückWeiter »
ORDERS FOR PURPOSES OF THE PRIVATE
LEGISLATION PROCEDURE (SCOTLAND) ACT, 1899.
250. In the following Orders
VI. Private Legislation Procedure (Scotland) Act, 1899.
The expression "the Procedure Act"
The expression" the Chairmen " means the Chairman of Committees of
The expression "Draft Order" means a Draft Provisional Order under the Procedure Act.
The expression "Substituted Bill" means a Bill promoted in lieu of a Provisional Order or part thereof which the Secretary for Scotland has refused to issue.
251. THE Chairman of Committees in the House of Lords (if that House Chairmen to deterthinks fit so to order) and the Chairman of Ways and Means in this House mine procedure for shall together determine all matters of practice and procedure which will draft Provisional enable them to take into consideration draft Provisional Orders submitted Orders. to the Secretary for Scotland under the Procedure Act.
252. A COPY of every Report on any draft Provisional Order made by Report of Chairmen the Chairmen to the Secretary for Scotland, signed by the Chairmen, shall be on draft Provisional laid before this House on or before the third day after it is made, or if the House be not then sitting, on or before the third day after its next sitting. 253. THE Committee of Selection shall select and propose to the House Committee of the names of not more than 15 Members to form the Parliamentary Panel of Selection to choose Parliamentary Members of this House to act as Commissioners under the Procedure Act. Panel. 254. WHERE a Confirmation Bill originating in the House of Lords has been referred to a Joint Committee under the provisions of section 9 of the Procedure Act, that Bill shall, after being read a second time in this House, be deemed to have passed the stage of Committee, and be ordered to be read a third time.
Bills originating in the House of Lords Committee to be deemed to have passed Committee in this House.
referred to Joint
254a. WHERE, under the provisions of section 9 of the Procedure Act, a Constitution of Confirmation Bill has been referred to a Joint Committee, the Committee Joint Committee. of this House shall consist of Three Members, to be nominated by the Committee of Selection.
255. WHERE under the provisions of section 2 of the Procedure Act the Deposit of subSecretary for Scotland has refused to issue a Provisional Order, or part stituted Bill at thereof, and the Petitioners for the Order desire to promote a Bill for public departments. the same objects as were sought by the draft Provisional Order or such part, the promoters shall, on or before the seventh day after the notification to them of the refusal of the Secretary for Scotland to issue the Provisional Order or part, deposit a copy of the substituted Bill in every office of a public department or other office in which copies of the draft Provisional Order were, under General Orders, made in pursuance of the Procedure Act, required to be deposited. In the case of Petitions for Provisional Orders deposited on or before the 17th day of April, which are directed to be proceeded with as Bills, the substituted Bills may be deposited on or before the ensuing 17th day of December, and all notices given, or other proceedings taken, in respect of such Petitions and substituted Bills, shall be applicable to such Bills.
256. In the case of a substituted Bill, the service of such notices to Proofs before opponents as are required by section 2 of the Procedure Act shall be proved Examiners. before one of the Examiners, but where compliance with the corresponding General Order is proved it shall not be necessary to prove compliance
Private Legislation with Standing Orders 3 to 68; and the notices published and served, and the deposits made for the Provisional Order, or for such part, shall be held to have been published, served, and made respectively for such Bill.
(Scotland) Act, 1899.
No provisions not
Provisional Order to be inserted in substituted Bill.
257. PROVISIONS which were contained in a Draft Provisional Order may contained in draft be omitted from the Substituted Bill, but no provisions shall be inserted in any substituted Bill as deposited which were not contained in the draft Provisional Order; and the Examiner shall certify whether this Order has or has not been complied with.
Deposit of substituted Bills
258. A copy of every substituted Bill brought from the House of Lords brought from House shall, not later than two days after the Bill is read a first time, be deposited at every office at which the Draft Order was deposited under General Order 33 or would be required to be deposited under that Order, if the Draft Order as originally applied for had contained the same provisions as the substituted Bill so brought from the House of Lords.
Petitions for or against.
259. ALL Petitions deposited at the Office of the Secretary for Scotland pursuant to General Orders, in favour of or against a draft Provisional Order shall, on transmission from the Office of the Secretary for Scotland, be received as if duly deposited in favour of or against the substituted Bill.
STANDING ORDER OF 4th JULY, 1906.
The Promoters of the Hammersmith, City, and North East London Railway Bill which has been introduced into this House in the present Session of Parliament shall have leave to suspend any further proceedings thereon in order to proceed with the same Bill, if they shall think fit, in the next Session of Parliament, provided that notice of their intention to do so be lodged in the Private Bill Office not later than six o'clock on the day prior to the close of the present Session and that all fees due thereon up to that period be paid.
The money deposited in accordance with the Standing Orders of this House in respect of such Bill may thereupon be returned to the depositors.
The Promoters of such Bill may, on or before the 31st day of December next, deposit in the Private Bill Office an Estimate, signed by the person making the same, of the expense of the undertaking under the Bill, and, previously to the 15th day of January next, deposit a sum not less than five per centum on the amount of such Estimate with the Paymaster General.
Such Bill shall be referred to the Examiners, who shall certify whether or not the Promoters have made such deposit with the Paymaster General, and, upon the Examiners certifying that such deposit has been made, the proceedings on such Bill shall be pro formâ only in regard to all other stages through which the same shall have passed in the present Session, and no new fees shall be charged in regard to such stages.
Such Bill shall be deposited in the Private Bill Office not later than six o'clock on or before the third day on which the House shall sit in the next Session of Parliament, with a declaration annexed thereto signed by the agent stating that the Bill is the same in every respect as the Bill at the last stage of the proceedings thereon in this House in the present Session.
If the money deposited in the present Session, as required by Standing Order No. 57, in respect of such Bill has not been withdrawn as provided for by the preceding resolutions a certificate of that fact from the proper officer of the Court in which such money was deposited shall accompany such declaration, and such Bill shall not be referred to the Examiners.
Such Bill, indorsed by one of the Clerks in the Private Bill Office as having been duly deposited with such declaration and such certificate, if any, annexed, shall be laid by one of the Clerks of that Office upon the Table of the House in the next Session of Parliament.
Such Bill, so laid upon the Table, shall be deemed to have been read a first time.
The Standing Orders by which the proceedings on Bills are regulated shall not apply to such Bill in regard to any of the stages through which the same shall have passed during the present Session.
All Petitions presented in the present Session against such Bill shall stand referred to the Committee on the Bill in the next Session of Parliament, and all Notices and grounds of objections to the right of Petitioners to be heard, given in the present Session within the time prescribed by the Rules of the Referees relating to such Notices, shall be held applicable in the next Session of Parliament.
No Petitioners shall be heard before the Committee on such Bill unless their Petition shall have been presented within the time limited in the present Session or in respect of which Standing Order No. 128 has been dispensed with in the present Session, or unless their Petition shall be presented on cr before the 12th day of February 1907.
[FORM referred to in Pages 58 and 70.]
WE beg to inform you that Application is intended to be made to Parliament in the ensuing Session for "An Act" [here insert the Title of the Act], and that the Property mentioned in the annexed Schedule, Part I., or some part thereof, in which we understand you are interested as therein stated, will be liable to be taken compulsorily for the Purposes of the said Undertaking [and that the Property mentioned in the annexed Schedule, Part II., in which we understand you are interested as therein stated, will be liable to have an improvement charge imposed upon it].
We also beg to inform you, that a Plan and Section of the said Undertaking, with a Book of Reference thereto, have been or will be deposited with the [several Clerks of the Peace or principal Sheriff Clerks, as the case may be] of the Counties of [specify the Counties in which the Property is situate], on or before the 30th November, and that Copies of so much of the said Plan and Section as relates to the [Parish or other area in accordance with the terms of Standing Order 29, as the case may be] in which your Property is situate, with a Book of Reference thereto, have been or will be deposited for public inspection with the [Clerk, or other Officer in the said Order respectively mentioned, as the case may be], on or before the 30th day of November, on which Plan your Property is designated by the Numbers in the annexed Schedule.
As we are required to report to Parliament whether you assent to or dissent from the proposed Undertaking, or whether you are neuter in respect thereto, you will oblige us by writing your Answer of Assent, Dissent, or Neutrality in the Form left herewith, and returning the same to us with your Signature on or before the day of next; and if there should be any Error or Misdescription in the annexed Schedule, we shall feel obliged by your informing us thereof, at your earliest convenience, that we may correct the same without delay.
We also beg to inform you that it is intended that the Act shall provide to the effect that, notwithstanding Section 92 of the Lands Clauses Consolidation Acts, 1845 [or Section 90 of the Lands Clauses Consolidation (Scotland) Act, 1845], you may be required to sell and convey a part only of your Property, numbered deposited Plans.
We are, Sir,
Your most obedient servants,
Note. If the Application is forwarded by Post, the words "Parliamentary Notice" are to be printed or written on the cover.