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 to owners, lessees and occupiers


  13.  On or before 5th December in the case of a bill whereby it is proposed to authorise the compulsory acquisition of land or of rights to use land, or to extend the time limited by any former act for any such purpose, or to render any land or house liable to the imposition of an improvement charge, notice in writing of the proposal shall be given to the owner, lessee, and occupier of each parcel of land or house affected, in the form, as nearly as may be, set forth in Appendix A to these orders unless, in the case of an owner or lessee, his identity cannot after reasonable enquiry be ascertained. Notice to owners, etc. (HL 13)
  
  14.  On or before 5th December in the case of a bill whereby it is proposed to authorise the construction of a tramway, notice in writing of the proposal shall be given to the owner, lessee, and occupier of each house, shop, or warehouse abutting upon any part of any street or road where, for a distance of 10 metres or upwards, it is proposed that a less space than 3 metres or, if it is intended to run on the tramway 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 road and the nearest rail of the tramway. Notice to frontagers in case of tramways. (HL 14)
  
  15.—(1) On or before 5th December, in the case of a bill whereby it is proposed to authorise the construction of a tramway, or trolley vehicle system either— Notice to owners and lessees of railways, etc., affected by proposed tramway or trolley vehicle system. (HL 15)
  
      (a) crossing any railway, tramroad, tramway or trolley vehicle system on the level or by means of a bridge, or

      (b) crossing any canal by means of a bridge; or

      (c) otherwise affecting or interfering with any railway, tramroad, tramway, trolley vehicle system or canal;
  
notice in writing of the proposal shall be given to the owner, and (if leased) also to the lessee, of the railway, tramroad, tramway, trolley vehicle system or canal to be crossed or affected.
  
  (2) Where the bill proposes to authorise the construction of a tramway, the notice shall also state the place or places at which the plans of the tramway have been or will be deposited for public inspection.
  
  16.—(1)  On or before 5th December in the case of a bill whereby it is proposed to authorise the impounding of the waters of, or the abstraction of water from, any stream at a point at which the stream is not navigable, notice in writing of the proposal shall be given to the owner, lessee, and occupier of each mill, factory or other work using the waters of the stream at any point within a distance, to be measured along the course of the stream, of 32 kilometres below the point at which the water is intended to be impounded or abstracted, unless, within a less distance then 32 kilometres, the waters flow into or unite with a navigable stream, and then only to the owner, lessee, and occupier of each such mill, factory or other work as aforesaid which is situate between the said point and the point at which the waters of the stream flow into or unite with the navigable stream; and the notice shall state the name (if any) by which the stream is known at the point at which the water is intended to be impounded or abstracted, and also the district in England, London borough or county or county borough in Wales, and the parish or community, in which such point is situate, and the time and place of deposit of plans, sections, and books of reference with the proper officers of county councils, metropolitan districts or London boroughs as the case may be. Notice to mill-owners, etc., where water is to be impounded or abstracted.
(HL 16)
  
  (2)  This order shall apply to Greater London as if it were a county and the Greater London Authority were the council of the county.
  
  17.  On or before 5th December 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, notices in writing of the proposal shall be given to the owner, lessee and occupier of each dwelling house situate within 275 metres of the land intended to be used for any such purpose. Notice to owners and occupiers of houses in case of gas works, burial ground, etc., bills. (HL 17)
  
  18.  On or before 5th December in the case of a bill whereby the whole or any part of a work authorised by any former Act, but not constructed, is proposed to be relinquished, notice in writing of the proposal shall be given to the owner, lessee, and occupier of each parcel of land in which any part of the said work proposed to be relinquished might have been situate. Notice to owners, etc., in case of relinquishment of works.
(HL 18)
  
  19.  On or before 11th December in the case of a bill whereby any express statutory provision then in force for— Notice to owners, etc., in case of alteration or repeal of protective provisions.
(HL 19)
  
      (a) the protection of the owner, lessee, or occupier of any specifically designated property, or

      (b) the protection or benefit of any public trustees or commissioners, corporation or other person, specifically named in such provision,
  
is proposed to be altered or repealed, notice in writing of the proposal shall be given to the person or each of the persons for the time being entitled to enforce such statutory provision, unless after reasonable inquiry the identity of any such persons cannot be ascertained.
  
  19A.  On or before 11th December in the case of a bill containing provisions the effect of which is to confer power to disregard an order or undertaking then in force made by or given to a court, notice in writing of the proposal shall be given to the person at whose instance the order was made or the undertaking was given or his personal representative unless after reasonable inquiry his identity cannot be ascertained. Notice in case of alteration of court order.
(HL 19
A)
  
  19B.—(1) On or before 11th December in the case of a bill whereby it is proposed to vary the rights of all or any of the debenture holders of any local authority, or of any company within the meaning of the Companies Act 1985 or otherwise constituted, notice in writing of the proposal shall be given to each of the debenture holders whose rights it is proposed to vary. Notice to debenture holders. (HL 19B)
  
  (2) A bill for the purposes of this order shall be deemed to vary the rights of the holder of a debenture only if it authorises—
  
      (a) in the case of an irredeemable debenture, its redemption;

      (b) in the case of a redeemable debenture, the alteration of the date or the terms on which it may be redeemed;

      (c) the creation or issue of any debenture with priority over, or ranking pari passu with, the first-named debenture contrary to the terms on which that debenture was created or issued
.
  
  (3) In this order "debenture" means any debenture, debenture stock, mortgage or other similar security issued by a local authority or company, whether or not it entitles the holders thereof to a charge on the whole or any part of the property of the authority or company; and "debenture holder" shall be construed accordingly.
  
  20.  On or before 11th December in the case of a bill whereby any express statutory provision relating to nuisance arising on any lands is proposed to be altered or repealed, notice in writing of the proposal shall be given to the owner, lessee and occupier of each dwelling-house situate within 275 metres of the said lands unless after reasonable inquiry the identity of any such persons cannot be ascertained. Notice to owners, etc. in case of alteration or repeal of provision relating to nuisance.
(HL 20)
  
  21.  On or before 11th December in the case of a bill whereby any compulsory running powers are proposed to be taken over any railway or tramroad, notice in writing of the proposal shall be given to the person owning or working such railway or tramroad. Notice in case of application for compulsory running powers. (HL 21)
  
  22.—(1) Notices under Standing Orders 13 (Notice to owners, etc.) to 21 (Notice in case of application for compulsory running powers) shall be given— Mode of giving notice. (HL 22)
  
      (a) by delivering the notice personally to the party entitled thereto or by leaving it at his usual place of abode or (in his absence from the United Kingdom) by delivering it personally to his agent, or (where that party is a local authority, or a company, society, association or other body, howsoever constituted) by delivering the notice personally to the proper officer, clerk or secretary thereof; or

        (b)  by forwarding the notice by post in a registered letter, addressed with a sufficient direction to—
        (i)  the principal office of the party (being a local authority, company, society, association or other body); or
        (ii)  in any other case the usual place of abode of the party or (in his absence from the United Kingdom) of his agent,
  
and posted on or before the third day previously to the day required for delivery thereof personally, at such places, at such hours, and according to such regulations as the Post Office may from time to time have appointed for the posting and registration of such letters.
  
  (2)  This order, in its application to a local authority being a parish or community council, shall have effect as if the reference to the proper officer of the authority included a reference to the chairman thereof and as if the reference to the principal office of the authority included a reference to the usual place of abode of the proper officer or chairman thereof, and, in its application to a local authority being a parish or community meeting, shall have effect as if the reference to the proper officer of the authority and the principal office thereof were a reference to the chairman thereof and his usual place of abode.
  
  (3)  Every such notice shall be accompanied by a copy of paragraph (1) of Standing Order 163 (Presentation of bills) and Standing Orders 171 (Presentation of petitions relating to private bills), 171A (Petitions against private bills) and 209 (Time for delivering notices, etc.)
  
  23.  In all cases the written acknowledgment of the party to whom a notice has been given shall, in the absence of other proof, be sufficient evidence of the giving of the notice; and in case of a notice forwarded by a registered letter, the production of the post office receipt for the letter shall be sufficient evidence of the due delivery thereof, if it appears that the letter was properly and sufficiently directed, and that it was not returned by the post office as undelivered. Evidence of notice. (HL 23)
  
  24.  No notice given on Sunday, Christmas Day, Good Friday, or any bank holiday, or before 8 am or after 8 pm of any day, shall be deemed valid, except in the case of delivery of letters by post. Notice on Sunday, etc., invalid. (HL 24)

  


 
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© Parliamentary copyright 2001
Prepared 5 July 2001