Standing Orders of the House of Commons - Private Business 2001

Arrangement of Clauses (Contents)

ORDERS FOR PURPOSES OF THE PRIVATE LEGISLATION PROCEDURE (SCOTLAND) ACT 1936

  
  225.  In the thirteen following orders— Interpretation of Standing Orders 226 to 236.
(HL 187)
  
      the expression "the Procedure Act" means the Private Legislation Procedure (Scotland) Act 1936;
      the expression "the Chairmen" means the Chairman of Committees of the House of Lords and the Chairman of Ways and Means;
      the expression "confirmation bill" means a bill to confirm an order issued under the Procedure Act;
      the expression "draft order" means a draft provisional order under the Procedure Act;
      the expression "general orders" means general orders made under section 15 of the Procedure Act;
      the expression "substituted bill" means a bill promoted in lieu of a provisional order or part thereof which the Secretary of State has refused to issue.
  
  226.  The Chairman of Committees of the House of Lords (if that House thinks fit so to order) and the Chairman of Ways and Means shall together determine all matters of practice and procedure which will enable them to take into consideration draft provisional orders submitted to the Secretary of State under the Procedure Act. Chairmen to determine procedure for considering draft provisional orders.
(HL 188)
  
  227.  A copy of every report on any draft provisional order made by the Chairmen to the Secretary of State, signed by the Chairmen, shall be laid before the 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. Reports of Chairmen on draft provisional orders.
(HL 189)
  
  228.  The Committee of Selection shall select not more than 25 members to form the parliamentary panel of members of this House to act as commissioners under the Procedure Act. Parliamentary panel.
(HL 190)
  
  228A.  The following standing orders shall apply to confirmation bills in like manner as to private bills, that is to say:— Application of certain orders to confirmation bills.
  
  (1)  Standing Order 169 (Attachment of financial memoranda to certain bills) and 191 (Tolls and charges not in the nature of a tax).
  
  (2)  Standing Order 218 (Proceedings in House on confirming bills) shall apply to confirmation bills.
  
  (3)  Standing Order 156A (Modification of practice as to charges on public revenue) shall apply to confirmation bills.
  
  229.—(1)  Where, under the provisions of section 9 of the Procedure Act, whether as originally enacted or as applied by subsection (2) of section 10 of the Statutory Orders (Special Procedure) Act 1945, a confirmation bill has been referred to a joint committee, the committee of this House shall consist of three members, to be nominated by the Committee of Selection. Constitution of joint committee on confirmation bill.
(HL 191)
  
  (2)  If any member of the committee of this House is prevented from continuing his attendance, the joint committee may, with the consent of all parties, continue its sitting in his absence, provided that the number of the committee of this House be not less than two; but if the consent of any party is withheld, the joint committee shall adjourn and shall not resume its sittings in the absence of such member without leave of this House.
  
  230.  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, whether as originally enacted or as applied by subsection (2) of section 10 of the Statutory Orders (Special Procedure) Act 1945, that bill shall, after it has been read a second time in this House, be deemed to have passed the stage of committee, and be ordered to be read the third time. Procedure on confirmation bills brought from House of Lords.
(HL 192)
  
(HL 193)Presentation of petition for bill under section 1(4) of the Procedure Act.
  
  231.  A petition for a bill by which it is proposed to confer powers in respect of which a representation under section 1(4) of the Procedure Act would be required shall not be presented earlier than four weeks after the representation has been made to the Secretary of State.
  
  232.  Where under the provisions of section 2 of the Procedure Act the Secretary of State has refused to issue a provisional order, or part thereof, and the petitioners for the order desire to promote a bill for the same objects as were sought by the draft provisional order or such part thereof, the promoters shall, on or before the fourteenth day after the notification to them of the refusal of the Secretary of State to issue the provisional order or part, deposit a copy of the substituted bill at every office of a public department or other office at which copies of the draft provisional order were, under general orders, required to be deposited. In the case of petitions for provisional orders deposited on or before 27th March, which are directed to be proceeded with as bills, the substituted bill may be deposited on or before the ensuing 27th November, and all notices given, or other proceedings had, in respect of such petition shall be applicable to such bills. Deposit of copies of substituted bill at public departments, etc.
(HL 194)
  
  233.  In the case of a substituted bill the service of such notices to opponents as are required by section 2 of the Procedure Act shall be proved before the Examiner, but where compliance with the corresponding general orders is proved it shall not be necessary to prove compliance with Standing Orders 4 (Contents of notice) to 68 (Proof of consent of directors, etc., who are named in bill), and the notices published and served, and the deposits made, for the provisional order, or for the part thereof for which the bill is substituted, shall be held to have been published, served, and made respectively for the substituted bill. Proofs before Examiner in case of substituted bill.
(HL 195)
  
  233A.  Whenever during the progress through the House of Lords of any bill originating in that House promoted in lieu of a provisional order or part thereof in respect of which a plan and section were required under General Order 27 to be deposited, any alteration has been made in any work to be authorised by the bill, Standing Order 61 (Notices and deposits where work is altered while bill is in House of Lords) shall apply to the bill subject to such adaptations and modifications as may be prescribed by general or special directions of the Chairman of Ways and Means. Application of Standing Order 61 to substituted bill.
(HL 195
A)
  
  234.  Provisions which were contained in a draft provisional order may be omitted from the substituted bill, but no provision shall be inserted in any substituted bill as deposited which were not contained in the draft provisional order; and the Examiner shall report whether this order has or has not been complied with. Contents of substituted bill. (HL 196)
  
  235.  In the case of a substituted bill originating in this House all petitions deposited at the Scotland Office, Whitehall, pursuant to general orders, in favour of or against a draft provisional order shall, on transmission from that office to the Private Bill Office, be received as if duly presented in favour of or against the substituted bill; and no petitions other than those so deposited shall be received. Petitions in favour of or against draft provisional order. (HL 197)
  
  236.  A copy of every substituted bill brought from the House of Lords in which any amendment has been made on third reading in that House shall, not later than the second day after the bill has been read the first time, be deposited at every office at which the draft order was deposited under General Order 39 (Deposit of Provisional Orders at Treasury and other Public Departments, etc.) 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. Deposit of copies of substituted bill brought from House of Lords at public departments, etc. (HL 198)



 
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Prepared 5 July 2001