Standing Orders of the House of Commons - Private Business 2001

Arrangement of Clauses (Contents)

COURT OF REFEREES

  
  89.—(1)  There shall be a Court of Referees on private bills consisting of the Chairman of Ways and Means (who, when present, shall be ex officio chairman of the court), the Deputy Chairmen of Ways and Means and the Counsel to the Speaker with not less than seven other persons, who shall be members of this House, and shall be appointed by the Speaker for such periods as he may think fit. Constitution of Court of Referees on private bills.
  
  (2)  Three referees shall be sufficient to constitute the court.
  
  90.  The Court of Referees shall decide upon all petitions against private bills, as to the rights of the petitioners to be heard upon such petitions, without prejudice, however, to the power of the committee to which the bill is referred to decide upon any question as to such rights arising incidentally in the course of its proceedings. Jurisdiction of Court of Referees. (HL 114)
  
  91.—(1)  The practice and procedure of the Court of Referees, its times of sitting, order of business, and the forms and notices required in its proceedings, shall be prescribed by rules, to be framed by the Chairman of Ways and Means, subject to alteration by him as occasion may require. Rules of practice and procedure of Court of Referees.
  
  (2)  All such rules and alterations, when made, shall be laid on the table of the House.
  
  91A.  A petitioner against a private bill shall be entitled to be heard before the Court of Referees by himself, his counsel, or agents in support of his right to be heard upon his petition and the promoters of the bill shall be entitled to be heard by themselves, their counsel or agents in opposition thereto; but not more than one counsel shall appear before the Court in support of a right to be heard upon his petition or in opposition thereto. Right of audience before Court of Referees.
  
  92.  It shall be competent to the Court of Referees, if it thinks fit, to admit petitioners to be heard upon their petitions against a private bill, on the ground of competition. Competition to be a ground of locus standi.
  
  93.  Where a bill is promoted by an incorporated company, society, association or partnership, members thereof shall not be entitled to be heard before the committee against the bill, unless their interests as affected thereby are distinct from the general interests of the company, society, association or partnership: Locus standi of members of companies, etc. (HL 115)
  
  Provided that any proprietor or member of any company, society, association, or partnership who has, by himself or by any person authorised to act for him in that behalf, dissented at any meeting called in pursuance of any of Standing Orders 62 to 67, or at any meeting called in pursuance of any similar standing order of the House of Lords, shall be permitted to be heard by the committee on the bill on a petition presented to this House.
  
  94.  [Repealed 23rd July 1953]
  
  95.—(1) Where any society or association, sufficiently representing any trade, business, or interest in a district to which any bill relates, petition against the bill, alleging that such trade, business, or interest will be injuriously affected by the provisions contained therein, it shall be competent to the Court of Referees, if it thinks fit, to admit the petitioners to be heard on such allegations against the bill or any part thereof. Power of Court of Referees to allow locus standi to associations, etc. (HL 117)
  
  (2) Without prejudice to the generality of the foregoing paragraph, where any society, association or other body, sufficiently representing amenity, educational, travel or recreational interests, petition against a bill, alleging that the interest they represent will be adversely affected to a material extent by the provisions contained in the bill, it shall be competent to the Court of Referees, if it thinks fit, to admit the petitioners to be heard on such allegations against the bill or any part thereof.
  
  96.  It shall be competent to the Court of Referees, if it thinks fit, to admit the petitioners, being the local authority of any area the whole or any part of which is alleged in the petition to be injuriously affected by a bill or any provisions thereof, or being any of the inhabitants of any such area, to be heard against the bill or any provisions thereof. Power of Court of Referees to allow locus standi to local authorities or inhabitants.
(HL 118)
  
  97.  The council of any district in England or London borough or county or county borough in Wales alleging in its petition that the district, borough or county (as the case may be) may be injuriously affected by the provisions of any bill relating to the lighting or water supply thereof, or the raising of capital or the borrowing of money for any such purpose, shall be entitled to be heard against the bill. Locus standi of certain local authorities against lighting and water bills. (HL 119)
  
  98.—(1) The council of any county or (in Wales) any county or county borough alleging in its petition that its administrative area, or any part thereof, may be injuriously affected by the provisions of any bill relating to the water supply of any area, whether situate within or without that area, shall be entitled to be heard against the bill. Locus standi of county councils against water and tramway bills. (HL 120)
  
  (2) The council of any county, metropolitan district or London borough or (in Wales) any county or county borough alleging that its administrative area or any part thereof may be injuriously affected by the provisions of any bill proposing to authorise the construction or reconstruction of any tramway along any road to the maintenance and repair of which that council contributes, within its administrative area, shall be entitled to be heard against the bill.
  
  (3)  This order shall apply to Greater London as if it were a county and the Greater London Authority were the council of the county.
  
  99.  Where any authority charged with the control of waters, or where the owners, lessees, or occupiers of any land, petition against a bill alleging that under its provisions the river or any water or water supply of which they may legally avail themselves will be diminished or injuriously affected, it shall be competent to the Court of Referees, if it thinks fit, to admit the petitioners to be heard against the bill or any part thereof. Power of Court of Referees to allow locus standi to river authorities and owners, etc., of land.
  
  100.  Where any drainage body within the meaning of the Land Drainage Act 1991 petitions against a bill, alleging that the area or district of the authority will be injuriously affected by the provisions of the bill authorising the abstraction or impounding of water, or the discharge of water into watercourses, within that area or district, it shall be competent to the Court of Referees, if it thinks fit, to admit the petitioners to be heard against the bill or any part thereof. Power of Court of Referees to allow locus standi to land drainage authorities.
  
  101.  It shall be competent to the Court of Referees, if it thinks fit, to admit the petitioners, being the conservators constituted under Act of Parliament or under a scheme or an order of the Secretary of State for Environment, Food and Rural Affairs, having the control, regulation, or management of any forest, common, or open space alleged to be injuriously affected by a bill, to be heard against the bill. Power of Court of Referees to allow locus standi to conservators of forests, commons, or open spaces.
  
  102.  The owner, lessee, or occupier of any house, shop, or warehouse in any street or road along which it is proposed to construct any tramway, who alleges in any petition against a private bill that the construction or use of the tramway proposed to be authorised thereby will injuriously affect him in the use or enjoyment of his premises, or in the conduct of his trade or business, shall be entitled to be heard on such allegations before any committee to which the bill is referred, and it shall be competent to the Court of Referees, if it thinks fit, to admit the petitioners, being the owners, lessees, or occupiers of any house, shop, or warehouse having its access materially dependent on such street or road, and making the aforesaid allegations, to be heard against the bill. Locus standi of owners, etc., against tramway bills.



 
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© Parliamentary copyright 2001
Prepared 5 July 2001