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

  

Documents required to be deposited, etc., and the times and places of deposit, etc.


  26.  No deposit required by the following orders shall be deemed valid if made on Sunday, Christmas Day, Good Friday, or any bank holiday, or before 8 a.m. or after 8 p.m. of any day. Deposit on Sunday, etc., invalid. (HL 26)
  
  27.—(1)  In the case of a bill whereby it is proposed— Deposit of plan, book of reference, and section, etc.
(HL 27)
  
      (a)  to authorise the construction of works to which this order applies, or the alteration of any such works authorised by a former Act; or

      (b)  to authorise the compulsory acquisition of any lands or buildings or of rights to use any lands or buildings; or

      (c)  to render liable to the imposition of an improvement charge any lands or buildings;
  
there shall, on or before 20th November, be deposited with the proper officer of the council of each county, metropolitan district, or London borough or (in Wales) of each county or county borough or (in Scotland) of each local government area in which any such works, lands or buildings are situate a plan of the works or alteration of works, and of the lands or buildings, and a book of reference thereto, and also, where the construction or alteration of works is proposed to be authorised, a section of the works to be constructed or the alteration to be made:
  
  Provided that it shall be sufficient (at the option of the promoters) to deposit with the proper officer of the council of each county, metropolitan district and London borough and (in Wales) of each county or county borough or (in Scotland) of each local government area so much only of the said plan and section and book of reference as relates to the works, lands or buildings in the county, metropolitan district, or London borough or (in Wales) the county or county borough or (in Scotland) the local government area.
  
  Provided also that, in the case of a bill whereby it is proposed to revive the powers granted by a former Act for the construction or alteration of works, the deposit of a plan and section of the works shall not be required if—
  
      (a)  the former Act was passed not more than ten years previously to the deposit of the petition for the bill; or

      (b)  the lands in or upon which the works are proposed to be constructed or altered have been acquired by, or are vested in the promoters; or

      (c)  the construction or alteration of the works has been commenced.
  
  (2)  In the case of a bill whereby it is proposed to authorise the construction of a railway or tramroad, there shall be deposited with such plans an ordnance map on the scale of 1/50,000 with the line of the railway or tramroad delineated thereon so as to show its general course of direction.
  
  (3)  Any such plan, section, book of reference and ordnance map may, instead of being deposited as aforesaid, be sent by registered post to the office of the proper officer of the council of the county, metropolitan district, or London borough or (in Wales) of the county or county borough or (in Scotland) of the local government area, and if so sent shall be posted on or before 17th November.
  
  (4)  The proper officer or chief executive of the council of each county, metropolitan district, or London borough or (in Wales) each county or county borough or (in Scotland) each local government area, shall make on every plan, section and book of reference deposited with him a memorial in writing denoting the date and hour when it was lodged at his office, and shall at all reasonable hours of the day permit any person to inspect it and to make copies thereof or extracts therefrom.
  
  (5)  On or before 20th November, one copy of every such plan, section, book of reference and ordnance map shall be deposited in the Private Bill Office, and one copy at the Health and Safety Executive, the Department for Environment, Food and Rural Affairs and the Department for Transport, Local Government and the Regions.
  
  (6) The works to which this order applies are works of any of the following descriptions:—
  
      Aqueduct.
      Archway.
      Bridge.
      Canal.
      Cut.
      Dock.
      Drainage—where it is not provided in the bill that the cut shall not be more than 3.4 metres wide at the bottom.
      Embankment for re-claiming land from the sea or any tidal river.
      Ferry.
      Harbour.
      Motor road.
      Navigation.
      Pier.
      Port.
      Public carriage road.
      Railway.
      Reservoir.
      Sewer.
      Street.
      Subway.
      Tramroad.
      Tramway.
      Tunnel.
      Waterwork.
  
  (7)  This order shall apply to Greater London as if it were a county and the Greater London Authority were the council of the county.
  
  27A.—(1)  Subject to paragraph (8) below, in the case of a bill authorising the carrying out of works the nature and extent of which are specified in the bill on land so specified, there shall be deposited on or before 4th December in the Private Bill Office and at the public departments at which copies of the bill are required to be deposited under Standing Order 39 (Deposit of copies of bills at Treasury and other public departments, etc.), either— Environmental assessment.
(HL 27A)
  
    (a)  a copy or copies (as specified by paragraph (2) below) of an environmental statement containing, in relation to the works authorised by the bill

        (i)  the information referred to in Part II of Schedule 4 to the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (S.I. 1999, No. 293) (referred to below as "Schedule 4"), and so much of the information referred to in Part I of that Schedule as is reasonably required to assess the environmental effect of the works and as the promoters can reasonably be expected to compile; or
        (ii)  such of that information as the Secretary of State may in any particular case direct, or
    (b)  a copy or copies (as so specified) of a direction by the Secretary of State that no such statement is necessary in relation to the works authorised by the bill.
  
  (2)  The number of copies required to be deposited under paragraph (1)(a) or (b) above shall be two in the case of a deposit at the Department for Environment, Food and Rural Affairs and the Department for Transport, Local Government and the Regions and one in any other case.
  
  (3)  Where any such works authorised by a bill relate to two or more distinct projects each project may be treated separately for the purposes of paragraph (1) above: and the references in sub-paragraphs (a) and (b) of that paragraph to the works authorised by the bill shall accordingly be construed, where the paragraph applies separately to each project, as references to the works comprised in that project.
  
  (4)  Notwithstanding any direction given as mentioned in paragraph (1)(a) above, any environmental statement of which copies are deposited under this order shall contain the summary (referred to below as "the non-technical summary") required by paragraph 6 of Part I and paragraph 5 of Part II of Schedule 4.
  
  (5)  Where the Secretary of State has given a direction as mentioned in paragraph (1)(a) above, a copy of the direction shall be deposited with every copy of the environmental statement deposited under this order; and every copy of a direction so deposited or deposited under paragraph (1)(b) above shall be accompanied by a statement by the Secretary of State of his reasons for giving the direction.
  
  (6)  Copies of every environmental statement deposited under this order shall be made available for inspection, and for sale at a reasonable price, on and after 4th December, at the offices at which copies of the bill are required to be made available under Standing Order 4A (Copies of bill to be made available); and there shall also be made available separately on and after that date at those offices, for inspection and for sale at a reasonable price, copies of the non-technical summary.
  
  (7)  The reference to Schedule 4 in this order is a reference to that schedule as amended from time to time and includes a reference to the corresponding provision of any regulations which re-enact the Town and Country Planning (Environment Impact Assessment) (England and Wales) Regulations 1999, with or without amendment; and references to particular paragraphs of Schedule 4 shall be construed accordingly.
  
  (8)  This order does not require the deposit of copies of an environmental statement in relation to any works for which planning permission has been granted.
  
  28.  [Repealed 29th July 1964]
  
  29.  In the case of a bill whereby it is proposed to authorise the construction of a tramway or the establishment or extension of a trolley vehicle system, two copies of an ordnance map on a scale of not less than 1/10,000, with the line of the proposed tramway or trolley vehicle system marked thereon, shall, on or before 20th November, be deposited at the Department for Transport, Local Government and the Regions, and one copy in the Private Bill Office. Deposit of map in case of tramway, etc., bill. (HL 29)
  
  30.  In the case of a bill whereby it is proposed to authorise the supply of electricity, an ordnance map on a scale of not less than 1/50,000, with the proposed area of supply marked thereon, shall, on or before 20th November, be deposited at the Department of Trade and Industry. Deposit of map in case of bill for supply of electricity.
(HL 30)
  
  30A—(1) In the case of a bill whereby it is proposed that any water may be taken, collected, or impounded for the purpose of a water supply the promoters shall, on or before 20th November, deposit at the Department for Environment, Food and Rural Affairs and also at the Private Bill Office, an ordnance map on the scale of not less than 1/50,000, showing by a distinguishing mark the position of each reservoir, well, conduit, or other work proposed to be authorised by the bill; and where the proposed source of supply is a river, stream, or lake, showing by a clearly marked line the catchment area or gathering ground from which the waters are derived. Deposit of map in case of bill for taking water supply. (HL 30A)
  
  (2) Where, under the powers of any bill it is proposed to supply with water any area not previously included within the promoters' limits of supply, the promoters shall similarly deposit an ordnance map on the scale of 1/50,000, showing respectively the existing limits of supply and the area proposed to be added thereto.
  
  31.  In the case of a bill whereby it is proposed that tidal lands below the level of mean high water springs should be acquired, or in any way affected, a copy of so much of the deposited plan and section (if any) as relates to the said tidal lands shall, on or before 20th November, be deposited at the Department for Environment, Food and Rural Affairs, at the office of the Crown Estate Commissioners, and at the Ministry of Defence, marked "TIDAL WATERS", and on such copy all tidal waters below the said line shall be coloured blue, and, if the plan includes any proposed bridge across any such tidal waters, the dimensions as regards span and headway of the nearest bridges, if any, across the same tidal waters above and below the proposed bridge shall be marked thereon; and, where it is proposed by the bill to authorise the construction of works to which Standing Order 27 (Deposit of plan, book of reference, and section, etc.) applies affecting tidal lands below the said line, the copies so deposited of the plan and section shall be accompanied by an ordnance map with the position and extent or route of the proposed works shown thereon. Deposit of copy of plan, etc., in case of bill affecting tidal lands. (HL 31)
  
  32.  In the case of a bill whereby it is proposed to authorise the making, extending or enlarging of any dam, weir, or obstruction to the passage of fish in any river or estuary, or of any sewer discharging into any river or estuary, a copy of so much of the deposited plan and section as relates to the proposed dam, weir, obstruction, or sewer, shall, on or before 20th November, be deposited at the Department for Environment, Food and Rural Affairs. Deposit of copy of plan, etc., in case of bill affecting fisheries. (HL 32)
  
  A copy of the said portion of the deposited plan and section shall also be delivered on or before the same date at, or sent by registered post to, the principal regional office of the Environment Agency for the area containing the river or estuary affected, and if so sent shall be posted on or before 17th November.
  
  33.—(1)  In the case of a bill whereby it is proposed to authorise the construction of any work to which Standing Order 27 (Deposit of plan, book of reference, and section etc.) applies on the banks, foreshore, or bed of any river, a copy of so much of the deposited plan and section as relates to the portion of the work by which the banks, foreshore, or river bed may be affected, shall be delivered on or before 20th November at, or sent by registered post to, the principal regional office of the Environment Agency for the area containing the river affected, and if so sent shall be posted on or before 17th November. Delivery of copy of plan, etc., affecting banks, etc., of river.
(HL 33)
  
  (2)  If the plan includes any proposed tunnel under, or bridge over the river, the depth of the tunnel below the bed of the river, or the span and headway of the bridge, shall be marked thereon; and the copy of the plan shall be accompanied by an ordnance map, with the position and extent or route of the proposed works shown thereon.
  
  34.  In the case of a railway, tramway, or tramroad bill and of a bill relating to any waterway, road, bridge, tunnel, ferry, harbour, dock or pier, a copy of the deposited plan, section, and a book of reference (if any), and in the case of a bill whereby it is proposed to authorise the construction of a railway or tramroad, also a copy of the ordnance map (if any), with the line of railway or tramroad delineated thereon, shall, on or before 20th November, be deposited at the Department for Environment, Food and Rural Affairs and at the Department for Transport, Local Government and the Regions. Deposit of copy of plan, etc., in certain cases with DEFRA and DTLR.
(HL 34)
  
  35.  Where by any bill the construction of a work of any kind is proposed to be authorised by which street traffic or the regulation of street traffic in the Metropolitan Police District may be affected, a copy of so much of the deposited plan and section as relates to such work shall, on or before 20th November, be deposited at the office of the Commissioner of Police of the Metropolis. Deposit of copy of plan, etc., in certain cases with Commissioner of Police. (HL 35)
  
  36.—(1)  In the case of a bill in respect of which a plan, or a plan and section, and a book of reference are required by Standing Order 27 (Deposit of plan, book of reference, and section, etc) to be deposited, a copy of so much of the said plan, or plan and section, as relates to any of the areas hereinafter mentioned, and a copy of so much of the book of reference as relates to such area, shall, on or before 20th November, be deposited for public inspection with the officers respectively hereinafter mentioned, that is to say, in the case of— Deposit of copy of plan, etc., in certain cases with certain local authorities.
(HL 36)
  
      (a)  any district in England other than a metropolitan district, with the proper officer of the district;

      (aa)  any county or county borough in Wales with the proper officer of the county or borough;

      (b)  any parish having a parish council or community having a community council, with the proper officer of the parish or community council, or, if there is no such officer, with the chairman of that council;

      (c)  any parish or community, not having a parish or community council, with the chairman of the parish or community meeting.
  
  (2)  Any such plan, section and book of reference may, instead of being deposited as aforesaid, be sent by registered post to any such officer, and if so sent shall be posted on or before 17th November.
  
  (3)  The officer of each local authority with whom a copy of so much of the said plan, or plan and section, and book of reference is so deposited shall permit any person at all reasonable hours of the day to inspect them and to make copies thereof or extracts therefrom.
  
  37.—(1)  In the case of a bill whereby it is proposed to authorise the compulsory acquisition of any churchyard, burial ground, or cemetery, or any part thereof, or of rights to use any churchyard, burial ground or cemetery, or any part thereof, a copy of so much of the deposited plan, section (if any), and book of reference as relates to the churchyard, burial ground or cemetery, shall, on or before 20th November, be deposited at the Home Office, the Department for Environment, Food and Rural Affairs and the Department for Transport, Local Government and the Regions. Deposit of copy of plan, etc., in certain cases with Home Office and other public departments.
(HL 37)
  
  (2)  In the case of a bill whereby it is proposed to authorise the compulsory acquisition of any land or of rights to use any land, two copies of so much of the deposited plan, section (if any), and book of reference as relates to the land, shall, on or before 20th November, be deposited at the Department for Environment, Food and Rural Affairs and one at the Department for Transport, Local Government and the Regions.
  
  38.—(1)  Printed copies of every bill for which a petition has been presented shall, on or before 27th November, be delivered at the Vote Office for the use of any member of the House and in the Private Bill Office for the use of any agent who may apply for the same. Deposit of copies of bill in Vote Office and Private Bill Office. (HL 38)
  
  (2)  There shall be attached to every copy of a bill—
  
      (a)  delivered under this standing order,

      (b)  deposited, delivered or sent under any of the standing orders following this order,

      (c)  made available for inspection and sale under Standing Order 4A (Copies of bill to be made available),

      a printed memorandum describing the Bill generally and, subject to paragraph (3) below, every clause in the bill.
  
  (3)  The printed memorandum shall include a statement of opinion, by or on behalf of the promoters, as to the compatibility of the provisions of the bill with the Convention rights (as defined in the Human Rights Act 1998).[2]
  
  (4)  Related clauses may be dealt with together in the memorandum and it shall not be necessary to describe clauses providing only for the short title, commencement, interpretation, extent or costs of promotion of the bill.
  
  39.  On or before 4th December printed copies shall be deposited— Deposit of copies of bills at Treasury and other public departments, etc. (HL 39)
  
  (1)  of every bill, three at the Department for Environment, Food and Rural Affairs, the Home Office and the Department for Transport, Local Government and the Regions, two at the Department of Trade and Industry and one at the Treasury, the Privy Council Office[3], the Department of Culture, Media and Sport, the Ministry of Defence, the Department for Education and Skills, the Department of Health, the Department for Work and Pensions, the office of the Crown Estate Commissioners and the office of the Duchy of Lancaster;
  
  (2)  of every bill which relates to any matter to which the Births and Deaths Registration Act 1953, or the Registration Service Act 1953, or any Act amending the same relate at the General Register Office;
  
  (3)  of every bill which in any manner affects education or educational endowments, or relates to public libraries, at the Department for Education and Skills;
  
  (4)  of every bill affecting charities or charitable trusts, at the office of the Charity Commission, and at the Department for Education and Skills;
  
  (5)  of every bill affecting the Duchy of Cornwall, at the office of the Duchy;
  
  (6)  of every bill affecting property vested in, or under the management of, the Forestry Commissioners or containing references to the said Commissioners, at the Department for Environment, Food and Rural Affairs;
  
  (7)  of every bill extending to Scotland, at the Scotland Office, Whitehall;
  
  (8)  of every bill extending to Wales, at the Wales Office, Whitehall;
  
  (9)  of every bill extending to Northern Ireland, at the Northern Ireland Office, Whitehall;
  
  (10)  of every bill affecting street traffic or the regulation of street traffic in the Metropolitan Police District, at the office of the Commissioner of Police of the Metropolis.
  
  40.  [Repealed 9th April 1986]
  
  41.  A printed copy of every bill whereby it is proposed to authorise any persons other than the highway authority to break up or otherwise interfere with any streets or roads, other than streets or roads shown on the deposited plan, shall be delivered on or before 4th December at, or sent by registered post to, the office of the highway authority liable for the maintenance of such streets or roads, and if so sent shall be posted on or before 1st December. Delivery of copies of certain bills to highway authorities.
(HL 41)
  
  42.  A printed copy of every bill whereby it is proposed to authorise any persons to impound or abstract water from, or to discharge water into, any watercourse, or to construct works over, or under, or affecting any such watercourse or the banks thereof, shall be delivered on or before 4th December at, or sent by registered post to, the principal regional office of the Environment Agency for the area containing the watercourse affected, and if so sent shall be posted on or before 1st December. Delivery of copies of bills affecting watercourses to Environment Agency.
(HL 42)
  
  43.  A printed copy of every bill whereby it is proposed to authorise the making, extending or enlarging of any dam, weir or obstruction to the passage of fish in any river or estuary, or of any sewer discharging into any river or estuary, or the abstraction of water from any river, shall be delivered on or before 4th December at, or sent by registered post to, the principal regional office of the Environment Agency for the area containing the river or estuary affected, and if so sent shall be posted on or before 1st December. Delivery of copies of bills affecting rivers or estuaries to Environment Agency.
(HL 43)
  
  44.—(1) Where a bill is one to which, in the event of its originating in this House, Standing Order 64 (Consents of members of companies, etc., not being promoters, in case of certain bills originating in this House) will apply, and any company, society, association or partnership upon which powers are proposed to be conferred or whose constitution is proposed to be altered by the bill as provided in that order carries on (whether under statutory authority or otherwise) an undertaking for the supply of water, either a printed copy of the bill or notice in writing of the provisions thereof to which that order applies, shall be delivered on or before 11th December or sent by registered post (and if so sent shall be posted on or before 8th December) to the proper officer of each local authority whose area comprises the whole or any part of the area within which such company, society, association, or partnership supply or are authorised to supply water. Delivery of copies of certain bills to local authorities.
(HL 44)
  
  (2) In this order "local authority" does not include a parish council or a parish meeting, or a community council or a community meeting.
  
  45.—(1) On or before 4th December there shall be deposited in the Private Bill Office in the case of a bill in respect of which a plan and section are required under Standing Order 27 (Deposit of plan, book of reference, and section, etc.) to be deposited, an estimate, signed by the person making the same, of the expense of carrying out the works shown on the deposited plan and section; and copies of the estimate shall, on or before that date, be delivered at the Vote Office for the use of members of the House and at the Private Bill Office for the use of any agents who may apply therefor. Deposit and form of estimates.
(HL 45)
  
  (2) The estimate, if and so far as it relates to any matter included in Appendix B to these orders, shall be in the form set forth in that appendix or as near thereto as circumstances may permit.
  
  (3) Where the estimate relates to any railway, tramway, tramroad, trolley vehicles or public service vehicles, waterway, road, bridge, tunnel, ferry, harbour, dock or pier, a copy thereof shall be deposited at the Department for Environment, Food and Rural Affairs and at the Department for Transport, Local Government and the Regions.
  
  46.  [Repealed 24th October 1990]
  
  47.—(1) In the case of a bill whereby it is proposed— Deposit of statement as to houses and persons on land to be acquired. (HL 47)
  
      (a) to authorise the acquisition compulsorily or by agreement of any specified land on which houses are standing, or

      (b) to revive or to extend the time limited for the exercise of any power for such acquisition;
  
the promoters shall, if the total number (so far as can be ascertained) of persons residing in those houses in any area to which this order applies is thirty or more, deposit in the Private Bill Office and at the Department for Transport, Local Government and the Regions on or before 11th December a statement showing—
  
        (i) the name of that area;

        (ii) the total number of those houses in that area; and

        (iii) the total number (so far as can be ascertained) of persons residing in them:
  
  Provided that, in the case of a bill whereby it is proposed to revive or to extend the time limited for the exercise of any such powers as aforesaid originally conferred by an Act passed not more than four years before the date of the deposit of the petition for the bill, then, if a statement in pursuance of this order, or of any former standing order corresponding thereto, was deposited in respect of the bill for that Act, the houses included in that statement shall be excluded in determining whether a statement is required under this order to be deposited in respect of the bill in question.
  
  (2) The areas to which this order applies are districts in England, London boroughs and counties or county boroughs in Wales.
  
  (3)  In this order the expression "house" means any house or part of a house occupied as a separate dwelling.



2   Subsection (3) is inserted with effect from 27th November 2001. Back

3   With effect from 27th November 2001. Back


 
previous page contents next page

House of Commons home page Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2001
Prepared 5 July 2001