Standing Orders of the House of Commons - Private Business 2001

Arrangement of Clauses (Contents)

ORDERS COMPLIANCE WITH WHICH IS TO BE INQUIRED INTO BY THE EXAMINERS

  

Notices by advertisement


  4.—(1) Whenever an application is intended to be made to bring in a private bill a notice shall be published as provided in Standing Order 10 (Publication of notice in newspapers) and shall contain a concise summary of the purposes of the bill, but without detailed particulars and without any reference to provisions of an ancillary, subsidiary, or consequential nature intended to give effect to any such purpose: Contents of notice (HL 4)
  
  Provided that in the case of a bill whereby it is proposed to authorise the promoters to amalgamate with any company, or to sell or lease their undertaking to any authority, company or other person, or to purchase or take on lease the undertaking of any authority, company or other person, or to enter into a working agreement or traffic arrangement with any authority, company or other person, the notice shall name the authority, company or other person with, to, or from whom it is proposed that the amalgamation, sale, purchase, lease, agreement, or arrangement is to be made.
  
  (2) The notice shall also state
  
      (a) that on and after 4th December copies of the bill, or as the case may be copies of part of the bill, may be inspected, and at a reasonable price obtained, at the offices required by the next following order, which offices shall be named in the notice.

      (b) the time within which objection may be made by deposit of a petition in the office of the Clerk of the Parliaments or the Private Bill Office of the House of Commons; and

      (c) that information regarding the deposit of such petitions may be obtained from either of those offices or from the agents for the promoters.
  
  (3) The notice shall be headed by the short title of the bill, and shall be subscribed with the name of the person responsible for the publication of the notice.
  
  4A.—(1) The promoters shall on and after 4th December make available for inspection, and for sale at a reasonable price, copies of the bill at an office in London and, if it affects Scotland, at an office in Edinburgh and, if it affects Northern Ireland, at an office in Belfast and Copies of bill to be made available.
(HL 4
A)
  
      (a) if the bill is promoted by, or alters functions of, a local authority, other than a parish council or parish meeting or community council or community meeting, at an office in the area of the authority;

      (b) if the bill alters functions of a parish council or parish meeting or community council or community meeting, at an office in the district in which the parish or community is situated;

      (c) if the bill is not promoted by a local authority, at an office in the county, metropolitan district, or London borough or (in Wales) the county or county borough or (in Scotland) the local government area in which the promoters' principal office is situated;

      (d) if the bill authorises the construction of works to which Standing Order 27 (Deposit of plan, book of reference, and section, etc.) applies, or the compulsory acquisition of lands or of rights to use lands, or extends the time limited by a former Act for any of those purposes, at an office in each of the counties, metropolitan districts, or London boroughs or (in Wales) the counties or county boroughs or (in Scotland) the local government areas in which the works are to be or the lands are situated.
  
  (2)  It shall be sufficient compliance with sub-paragraph (a) or sub-paragraph (b) of the foregoing paragraph to make available for inspection and for sale in the area of the local authority, or, as the case may be, in the district, copies of such part only of the bill as alters functions of the local authority or, as the case may be, of the parish or community council or parish or community meeting.
  
  (3)  It shall be sufficient compliance with sub-paragraph (d) of paragraph (1) of this order to make available for inspection and for sale in the county, metropolitan district, or London borough or (in Wales) the county or county borough or (in Scotland) the local government area copies of such part only of the bill as authorises the construction of works or the compulsory acquisition of lands or of right to use lands in that county, metropolitan district, or London borough or (in Wales) the county or county borough or (in Scotland) the local government area or as extends the time limited by a former Act for any of those purposes.
  
  (4)  The offices of a local authority, if situated outside the area of that authority, shall for the purposes of this order be deemed to be in that area.
  
  (5)  A bill that alters functions of a member or an officer of a local authority shall for the purposes of this order be deemed to alter functions of that authority.
  
  5.—(1)  In the case of bills in respect of which plans are required to be deposited under Standing Order 27 (Deposit of plan, book of reference, and section, etc.), the notice shall also contain— Further particulars in case of certain bills. (HL 5)
  
      (a)  the names of the districts in England and the counties or county boroughs in Wales, and parishes or communities, in which is situate any work or land in respect of which plans are required to be so deposited; and

      (b)  a statement of the officers with whom plans, sections (if any) and books of reference have been deposited in accordance with the requirements of Standing Orders 27 (Deposit of plan, book of reference, and section, etc.) and 36 (Deposit of copy of plan, etc., in certain cases with certain local authorities); and

      (c)  where it is proposed by the bill to authorise the construction of works, a general description of the nature of the works; and

      (d)  where it is proposed by the bill to authorise the compulsory acquisition of the surface of or of rights to use the surface of—

        (i)  any common or commonable land; or
        (ii)  any public park or public open space; or
        (iii)  any protected square mentioned in the schedule to the London Squares Preservation Act 1931; the name or, if it has no name, the description of the common or commonable land, park, open space or protected square, the district, and parish or community in which it is situate, and an estimate of the area of so much of such surface as is proposed to be compulsorily acquired or used; and
      (e)  where it is proposed by the bill to stop up or divert any specified public footpath or bridleway, a general description of that footpath or bridleway.
  
  (2)  This order shall apply to a London borough as if it were a district.
  
  6.—(1)  In the case of a bill whereby it is proposed to authorise the construction of gas works or sewage works, or works for the manufacture or conversion of the residual products of gas or sewage, or a station for generating electricity, or the making, construction or extension of a sewage farm, cemetery, burial ground, crematorium, destructor, or hospital for infectious diseases, the notice shall state the name of the district in England or the county or county borough in Wales and the parish or community, in which such works, generating station, farm, cemetery, burial ground, crematorium, destructor, or hospital are intended to be made, constructed or extended. Particulars in case of gas works, burial ground, etc., bills. (HL 6)
  
  (2)  This order shall apply to a London borough as if it were a district.
  
  7.  In the case of a bill whereby it is proposed to authorise the construction of a tramway, the notice shall specify by reference to the deposited plans at what point or points (if any), and on which side of the street or road, it is proposed to lay such tramway, so that for a distance of 10 metres or upwards a less space than 3 metres, or if it is intended to run thereon carriages or trucks adapted for use upon railways, a less space than 3.3 metres, shall intervene between the outside of the footpath on either side of the street or road and the nearest rail of the tramway. Particulars in case of tramway bill. (HL 7)
  
  8.  In the case of a bill whereby it is proposed to authorise the construction of a tramway or tramroad, the notice shall specify the gauge to be adopted and the motive power to be employed. Particulars in case of tramway and tramroad bills. (HL 8)
  
  9.  In the case of a bill whereby it is proposed to authorise the diversion into any existing or intended waterway, cut, reservoir or aqueduct, or into any intended variation, extension or enlargement thereof, of any water from any existing waterway, cut, reservoir or aqueduct, whether the water is to be abstracted directly or indirectly from any such waterway, cut, reservoir or aqueduct, or from any feeder thereof, and whether under any agreement with the proprietors thereof or otherwise, the notice shall contain the name or description of every such last-mentioned waterway, cut, reservoir or aqueduct. Particulars in case of waterway, etc., bills. (HL 9)
  
  10.—(1)  The notice shall be published in the newspapers prescribed by the next following paragraph once in each of two consecutive weeks with an interval of at least six clear days between publications, the second publication being not later than 11th December. Publication of notice in newspapers.
(HL 10)
  
  (2)  The newspapers referred to in the foregoing paragraph are the following:
  
      (a)  if the bill is promoted by, or alters functions of, a local authority, a newspaper or newspapers circulating in the area of the authority;

      (b)  if the bill is not promoted by a local authority, a newspaper or newspapers circulating in the county, metropolitan district, or London borough or (in Wales) the county or county borough or (in Scotland) the local government area in which the promoters' principal office is situated;

      (c)  if the bill authorises the construction of works to which Standing Order 27 (Deposit of plan, book of reference, and section, etc.) applies, or the compulsory acquisition of lands or of rights to use lands, or extends the time limited by a former Act for any of those purposes, a newspaper or newspapers circulating in each of the counties, metropolitan districts, or London boroughs or (in Wales) the counties or county boroughs or (in Scotland) the local government areas in which the works are to be, or the lands are, situated.
  
  (3)  Where part only of a bill alters functions of a local authority, it shall be sufficient compliance with paragraph (1) of this order to publish, in a newspaper or newspapers circulating in the area of the authority, so much only of the notice as relates to that part.
  
  (4)  Where part only of a bill authorises the construction of works or the compulsory acquisition of lands or of rights to use lands in a county, metropolitan district, or London borough, or extends the time limited by a former Act for any of those purposes, it shall be sufficient compliance with paragraph (1) of this order to publish, in a newspaper or newspapers circulating in the county so much only of the notice as relates to that part.
  
  (5)  A bill that alters functions of a member or an officer of a local authority shall for the purposes of this order be deemed to alter functions of that authority.
  
  (6)  This order shall apply to Greater London as if it were a county.
  
  11.  Not later than 11th December there shall be published once in the London Gazette and, if any powers are sought by the bill which affect Scotland or Northern Ireland, also once in the Edinburgh Gazette or in the Belfast Gazette, as the case may be, a short notice stating— Publication of notice in the Gazette. (HL 11)
  
      (a)  the short title of the bill;

      (b)  the time within which objection may be made by deposit of a petition in the office of the Clerk of the Parliaments or the Private Bill Office of the House of Commons and that information regarding the deposit of such petitions may be obtained from either of those offices or from the agents for the promoters.

      (c)  the offices at which copies of the bill may be inspected and obtained mentioned in the full notice;

      (d)  in the case of a bill in respect of which plans are required to be deposited under Standing Order 27 (Deposit of plan, book of reference, and section, etc.) the officers with whom plans have been deposited either under that order or under Standing Order 36 (Deposit of copy of plan, etc., in certain cases with certain local authorities).
  
  Provided that a notice published in the Edinburgh Gazette or in the Belfast Gazette need contain such only of the particulars referred to in the foregoing paragraphs (c) and (d) as relate to Scotland or to Northern Ireland, as the case may be.
  
  12.—(1)  In the case of a bill whereby it is proposed, in connection with the construction of a tramway or a trolley vehicle system or an underground railway or tramroad, to confer powers authorising any alteration or disturbance of the surface of any street or road— Posting of notices in case of tramway etc., bills. (HL 12)
  
      (a)  not later than 12th November application shall be made in writing to every authority having control of any such street or road for directions as to the manner in which notice of such proposed powers is to be posted in the street or road;

      (b)  not later than 20th November notice of such proposed powers shall be posted in every such street or road in the manner directed by the said authority or, if no directions have been received from the said authority within seven days after the said application, in some conspicuous position in the street or road;

      (c)  the said notice shall be kept posted as aforesaid for not less than fourteen consecutive days.
  
  (2)  Where the said powers are proposed to be conferred in connection with the construction of a tramway or an underground railway or tramroad, the notice posted under this order in any street or road shall also state the place or places at which the plans of the tramway, railway or tramroad will be or have been deposited for public inspection under Standing Orders 27 (Deposit of plan, book of reference, and section, etc.) and 36 (Deposit of copy of plan, etc., in certain cases with certain local authorities) with local government officers for areas comprising the street or road or any part thereof.
  
  12A.  In the case of a bill whereby it is proposed to stop up or divert any specified public footpath or bridleway, not later than 20th November notice of the proposal shall be displayed in a prominent position at the ends of the part of the footpath or bridleway proposed to be stopped up or diverted. Posting of notices in case of stopping up. etc., of public footpaths or bridleways.
(HL 12A)

  


 
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Prepared 5 July 2001