Standing Orders of the House of Commons - Private Business 2001

Arrangement of Clauses (Contents)

ORDERS IN RELATION TO WHICH THE STATUTORY ORDERS (SPECIAL PROCEDURE) ACT 1945 APPLIES

  
  237.  In the thirteen following orders the following expressions have the meanings hereby respectively assigned to them— Interpretation of Standing Orders 238 to 248A.
(HL 203)
  
      "Special Procedure Act" means the Statutory Orders (Special Procedure) Act 1945, as amended by the Statutory Orders (Special Procedure) Act 1965;
      "special procedure order" means an order, scheme, certificate or bye-law in relation to which the Special Procedure Act applies;
      "special procedure petition" means a petition under section 3 of the Special Procedure Act against a special procedure order;
      "the Chairman" means, subject to the next following order, the Chairman of Ways and Means;
      "the Chairmen" means, subject as aforesaid and except in the expression "Chairmen's Panel," the Chairman of Committees of the House of Lords and the Chairman of Ways and Means;
      "the minister," in relation to any special procedure order, means the minister of the Crown responsible for laying the order before Parliament;
      "applicant," in relation to any special procedure order, means any person on whose application the order is made or confirmed;
      "copy," in relation to any document means a printed or typewritten copy.
  
  238.—(1)  The Chairman may from time to time appoint any member of the Chairmen's Panel as his deputy who shall be entitled to perform his functions under the Special Procedure Act, or under the following twelve orders, and he shall report any such appointment to the House. Deputy Chairmen.
(HL 204)
  
  (2)  Any reference in the said orders to the Chairman of Committees of the House of Lords shall be construed as including a reference to any Deputy Chairman of Committees appointed by the House of Lords.
  
  239.—(1)  On the day on which a special procedure order is laid before this House under section 2 of the Special Procedure Act, the minister shall cause a copy of the order, and of the certificate or statement required by that section to be laid together with the order, to be deposited in the Private Bill Office, and shall also cause copies of the order and certificate or statement— Deposit of copies of orders in Private Bill Office, etc.
(HL 205)
  
  (a)  to be deposited at the Vote Office for the use of members; and
  
  (b) to be made available to any person on application to the minister and on payment:
  
  Provided that the requirements of paragraph (b) of this Order need not be complied with as respects copies of the special procedure order if it is a statutory instrument of which copies are required by section 2 of the Statutory Instruments Act 1946 to be printed and sold.
  
  (2) The name and address of the applicant, if any, shall be endorsed on any order so laid and on all copies of the order so deposited and made available.
  
  239A.  If under a special procedure order it is proposed to authorise the compulsory acquisition of land, or of rights to use land, or if the order relates to any works or to any area of land or water, and the said works or area are described by reference to a map or plan, a copy of a map or plan of the said land or works or area shall be deposited in the Private Bill Office on the day on which the order is laid before this House. Deposit of duplicate plans, etc., in Private Bill Office.
(HL 205
A)
  
  240.—(1) Every special procedure petition presented to this House shall be presented by being deposited in the Private Bill Office, and Standing Order 192A (Rules for petitions) shall apply to such petitions. Presentation of petitions against orders.
(HL 206)
  
  (2) There shall be endorsed on every special procedure petition so presented—
  
      (a) the title (as entered in the Votes) of the special procedure order against which it is presented;
      (b) a statement that it is presented as a petition for amendment or a petition of general objection, as the case may be; and
      (c) the name and address of the member, party or agent depositing it.
  
  (3) The petitioner shall cause—
  
      (a) a copy of the petition to be deposited in the office of the Clerk of the Parliaments, in the office of the Chairman of Ways and Means and at the office of the minister not later than the day following that on which the petition was presented; and
      (b) a copy of the petition to be delivered, or despatched by registered post, to the applicant (if any) or to each applicant (if more than one) at his address as endorsed on the order not later than the day aforesaid; and
      (c) copies of the petition to be made available not later than three days from the day on which the petition was presented, to any person on application to the petitioner or his agent at the address endorsed on the petition, and on payment.
  
  241.—(1) Within the period of seven days beginning with the day on which a special procedure petition is presented to this House, the minister or any applicant may deposit in the Private Bill Office a memorial addressed to the Chairman and signed by him or his agent objecting to the petition being certified as proper to be received or, if it is presented as a petition for amendment, objecting that it is a petition of general objection, and stating specifically in either case the grounds of the objection. Memorials objecting to petitions.
(HL 207)
  
  (2) On the day on which a memorial is so deposited, the memorialist shall cause—
  
      (a) a copy thereof to be deposited in the office of the Clerk of the Parliaments and in the office of the Chairman of Ways and Means; and
      (b) a copy thereof to be delivered or despatched by registered post, to the petitioner or his agent at the address endorsed on the special procedure petition.
  
  241A.—(1)  Where the Chairmen certify that a special procedure petition is proper to be received as a petition for amendment but are of opinion that any amendment asked for would, if made, alter the scope of the special procedure order or affect the interest of persons other than the petitioner, they may make a special report to that effect. Special report by Chairmen.
(HL 207
A)
  
  (2)  A special report made under this order shall be laid before both Houses and shall stand referred to the joint committee on the petition.
  
  (3)  A special report made under this order may, without binding the joint committee, express the Chairmen's opinion on the extent to which effect should be given to any amendment to which the report refers and the steps that should be taken to being that amendment to the notice of persons likely to be affected thereby.
  
  242.—(1)  If a memorial is duly deposited in the Private Bill Office objecting to a special procedure petition, the Chairman shall give notice in that office of the time and place at which the Chairmen will consider the petition and memorial. Consideration of petitions by Chairmen.
(HL 208)
  
  (2)  If no such memorial is deposited, but the Chairmen
  
      (a)  are not satisfied that a special procedure petition should be certified as proper to be received, or, if it is presented as a petition for amendment, are not satisfied that it is such a petition; or
      (b)  are of opinion that a special procedure petition contains matters on which they should make a special report under Standing Order 241A (Special report by Chairmen), the Chairman shall give notice in the Private Bill Office of the time and place at which the Chairmen will further consider the petition.
  
  (3)  The Chairmen shall have power to determine questions of locus standi in connection with their examination of special procedure petitions, and to decide as to the rights of the petitioners to be heard upon such petitions but only if objection to locus standi or such rights has been made in a memorial duly deposited as aforesaid.
  
  243.—(1)  Where under section 4 of the Special Procedure Act any special procedure petition stands referred, or has been referred by order of either House, to a joint committee, the committee of this House shall consist of three members to be nominated by the Committee of Selection and the order of proceedings shall be as follows— Joint committees on petitions.
(HL 209)
  
      (a)  the minister shall, if required by the committee, briefly explain the order by means of a factual statement, to be agreed with the petitioner and counter-petitioner if any;
      (b)  the petitioner shall be entitled to be heard in support of the petition;
      (c)  if the committee is of opinion that he has a case to answer, the minister shall be entitled to be heard against the petition;
      (d)  the petitioner shall be entitled
        (i) to reply, or
        (ii) before replying, to call rebutting evidence, with the leave of the committee, on which the minister shall be entitled to comment;
      (e)  the petitioner and the minister may appear by counsel or agent.
  
  Provided that the minister may give notice in accordance with the following paragraph that he desires that the rights and functions conferred on him by sub-paragraphs (a), (c), (d) and (e) of this paragraph shall be exercised by any applicant specified in the notice, and thereupon the said sub-paragraph shall have effect as if that applicant were substituted for the minister.
  
  (2)  Any such notice shall be delivered, or despatched by registered post, to the petitioner or his agent at the address endorsed on the special procedure petition and to the applicant specified in the notice at his address as endorsed on the special procedure order, within a period of four days beginning—
  
      (a)  with the day on which the report of the Chairmen is laid before Parliament under subsection (5) of section 3 of the Special Procedure Act; or
      (b)  if the report is so laid on different days, with the later of the two days;
  
and copies of any such notice shall be deposited in the Private Bill Office and in the office of the Clerk of the Parliaments within the said four days.
  
  (3)  The minutes of the evidence taken before the committee shall be reported to the House.
  
  (4)  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 sittings 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.
  
  244.—(1)  Where under subsection (5) of section 3 of the Special Procedure Act the Chairmen have reported that any special procedure petition has been presented to this House and has been certified as a petition for amendment and as proper to be received, a petition (hereinafter referred to as a "counter-petition") may, within the period of fourteen days, beginning with the date on which the report is laid before this House, be presented to this House complaining that an amendment prayed for by the special procedure petition will affect the interest of the person by whom or on whose behalf the counter-petition is presented (hereinafter referred to as the "counter-petitioner"), and such counter-petition shall stand referred to the joint committee to which the special procedure petition stands referred, or has been referred by order of either House. Counter-petitions.
(HL 210)
  
  (2)  Any such counter-petition shall be presented to this House by being deposited in the Private Bill Office and Standing Order 192A (Rules for petitions) shall apply to such counter-petitions.
  
  (3)  There shall be endorsed on every counter-petition so presented—
  
      (a)  the title (as entered in the Votes) of the special procedure order to which it relates; and
      (b)  the name and address of the member, party or agent depositing it; and
      (c)  the name of the party who signed or whose agent signed the special procedure petition to which it relates (hereinafter referred to as the "original petitioner").
  
  (4)  Not later than the day following that on which the counter-petition was presented, the counter-petitioner shall cause—
  
      (a)  a copy thereof to be deposited in the office of the Clerk of the Parliaments, in the office of the Chairman of Ways and Means, and at the office of the minister; and
      (b)  a copy thereof to be delivered, or despatched by registered post, to the original petitioner or his agent at the address endorsed on the special procedure petition; and
      (c)  if the minister has given notice under the last foregoing order that he desires that his rights shall be exercised by an applicant specified in the notice, a copy thereof to be delivered, or despatched by registered post, to that applicant at his address as endorsed on the special procedure order.
  
  (5)  If, on consideration of a counter-petition, the joint committee to which the relevant special procedure petition stands referred, or has been referred by order of either House, is satisfied that an amendment prayed for by the special procedure petition may affect the interest of the counter-petitioner, the committee may allow the counter-petitioner to be heard by himself, his counsel or agent, against the special procedure petition either before or after the minister or applicant has been heard as the committee may direct.
  
  245.  Standing Order 173 (Withdrawal of petitions) shall apply to the withdrawal of special procedure petitions and counter-petitions and Standing Order 76A (Withdrawal of memorials) shall apply to the withdrawal of memorials objecting to special procedure petitions. Withdrawal of petitions, counter-petitions and memorials.
(HL 211)
  
  246.  [Repealed 12th November 1951.]
  
  247.—(1)  If any period within which anything is required to be done under Standing Orders 239 to 241, 243, 244 and 248 expires when Parliament is dissolved or prorogued, or when this House is adjourned for more than four days, it shall be extended so as to expire with the first day thereafter on which this House sits: Extension of time for deposit and notices in case of adjournment of House, etc.
  
  Provided that a meeting of the House under Standing Order No. 12 (Earlier meeting of House in certain circumstances) relating to public business, shall not be a sitting for the purposes of this order and the first sitting day shall be deemed to be that day to which the House was originally adjourned, or if the House does not sit on that day, on the first sitting day thereafter.
  
  (2)  In the case of a special procedure petition presented to this House, paragraph (1) of this order shall apply to the period of twenty-one days allowed for the presentation thereof under subsection (1) of section 3 of the Special Procedure Act in like manner as it applies to a period mentioned in that paragraph.
  
  248.—(1)  Any notice given by the minister under subsection (2) of section 6 of the Special Procedure Act either determining the date on which an order is to come into operation or withdrawing an order shall be given by publishing the notice— Notice of date of operation or withdrawal of order.
(HL 214)
  
      (a)  in a case where the order relates to England or Wales or any part thereof, but not to Scotland or any part thereof, in the London Gazette;
      (b)  in a case where the order relates to Scotland, or any part thereof, but not to England or Wales or any part thereof, in the Edinburgh Gazette;
      (c)  in any other case both in the London Gazette and in the Edinburgh Gazette;
  
and, in the case of an order relating to a particular area, in at least one newspaper circulating in that area.
  
  (2)  A copy of any such notice withdrawing an order shall be laid before this House within four days after it is published in accordance with paragraph (1) of this order.
  
  248A.  Standing Orders 156A (Modification of practice as to charges on public revenue) and 191 (Tolls and charges not in the nature of a tax) shall apply to bills presented under the Special Procedure Act as they apply to private bills. Application of certain orders to bills under Special Procedure Act.
  
  249.  [Repealed 12th November 1951.]

     

Clerk of the House of Commons

Examined

     

Clerk of Bills


 
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Prepared 5 July 2001