HC Deb 24 July 1946 vol 426 cc1-8
The Chairman of Ways and Means (Major Milner)

I beg to move, "That the several Amendments to the Standing Orders relative to Private Business hereinafter stated in the Schedule be made."

SCHEDULE

Standing Order 211, page 209, line 23, at the end, insert "and nothing in those Orders shall apply to Orders within the meaning of the Statutory Orders (Special Procedure) Act, 1945, being Orders in relation to which that Act applies, or to Bills to confirm such Orders."

Standing Order 225, page 219, line 4, leave out "In the following Orders," and insert "In the Orders contained in this Chapter."

Standing Order 229, page 220, line 12, after "Act," insert "whether as originally enacted or as applied by Subsection (2) of Section 10 of the Statutory Orders (Special Procedure) Act, 1945."

Standing Order 230, page 220, line 20, after "Act," insert "whether as originally enacted or as applied by Subsection (2) of Section 10 of the Statutory Orders (Special Procedure) Act, 1945."

After Standing Order 236, insert new Standing Orders 236A to 236L.

CHAPTER VIIA

Orders in relation to which the Statutory Orders (Special Procedure) Act, 1945, applies.

Interpretation of Chapter VIIA.—236A. In the orders contained in this Chapter the following expressions have the meanings hereby respectively assigned to them:

"Special Procedure Act" means the Statutory Orders (Special Procedure) Act, 1945."

"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 in the House of Commons;

"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 in the House of Commons;

"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 stated on the face of the order to be a person on whose application the Order is made or confirmed;

"copy," in relation to any document, means a printed or typewritten copy;

Deputy-Chairmen.—236B. (1) Without prejudice to the provisions of paragraph (2) of Standing Order No. 80 (Deputy-Speaker and chairmen) relative to Public Business, 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 Orders contained in this Chapter.

(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.

Laying of Orders.—236c. (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 required by that Section to be laid together with the Order, to be deposited in the Committee and Private Bill Office, and shall also cause copies of the Order and certificate or statement—

  1. (a) to be deposited at the Vote Office for the use of Members; and
  2. (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) If on the face of any Order so laid there is stated the name and address of the person on whose application the Order is made or confirmed, that statement shall be included in all copies of the Order deposited or made available in accordance with the foregoing paragraph.

Presentation of Petitions.—236D. (1) Every Special Procedure Petition presented to this House shall be prepared and signed in strict conformity with the rules and orders of this House applicable to Petitions against Private Bills, and shall be presented by being deposited in the Committee and Private Bill Office.

(2) There shall be indorsed on every Special Procedure Petition so presented—

  1. (a) the title (as entered in the Votes) of the Special Procedure Order against which it is presented;
    2. 4
  2. (b) a statement that it is presented as a Petition for amendment or a Petition of general objection, as the case may be; and
  3. (c) the name and address of the Member, Party or Agent depositing it.

(3) The Petitioner shall cause—

  1. (a) a copy of the Petition to be deposited in the office of the Clerk of the Parliaments, and another copy at the office of the Minister not later than the day following that on which the Petition was presented; and
  2. (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 specified on the face of the Order not later than the day aforesaid; and
  3. (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 indorsed on the Petition, and on payment.

Memorials objecting to Petitions.—236E. (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 present to this House a Memorial 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.

(2) Every such Memorial shall be presented to this House by depositing it in the Committee and Private Bill Office.

(3) On the day on which a Memorial is so presented, the Memorialist shall cause—

  1. (a) a copy thereof to be deposited in the office of the Clerk of the Parliaments; and
  2. (b) another copy thereof to be delivered or despatched by registered post, to the Petitioner or his Agent at the address indorsed on the Special Procedure Petition.

Consideration of Petitions by Chairmen.—236F. (1) If a Memorial is duly presented to this House objecting to a Special Procedure Petition, the Chairman shall give notice in the Committee and Private Bill Office of the time and place at which the Chairmen will consider the Petition and Memorial.

(2) If no such Memorial is presented, but the Chairmen arc 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, the Chairman shall give notice in the Committee and 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.

Reference of Petition to Joint Committees.— 236G. (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—

  1. (a) the Committee of this House shall consist of three members to be nominated by the Committee of Selection;
  2. (b) the Petitioner shall be entitled to be heard by himself, his Counsel or Agent, and to tender evidence in support of the Petition;
  3. (c) the Minister shall be entitled to be heard by himself, his Counsel or Agent, and to tender evidence against the Petition;
  4. (d) the minutes of the evidence taken before the Committee shall be reported to the House:

Provided that the Minister may give notice in accordance with the following paragraph that he desires that the rights conferred on him by tub-paragraph (c) 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 indorsed on the Special Procedure Petition and to the applicant specified in the notice at his address as specified on the face of the Special Procedure Order, within three days after the report of the Chairmen is laid before this House under subsection (5) of section 3 of the Special Procedure Act, and copies thereof shall be deposited in the Committee and Private Bill Office and in the office of the Clerk of the Parliaments within the said three days.

Counter-Petitions.—236H. (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 presenting the Counter-Petition (hereinafter referred to as the "Counter-Petitioner"), and such Counter-Petition shall stand referred to the Joint Committee to whom the Special Procedure Petition stands referred, or has been referred by order of either House.

(2) Any Counter-Petition presented to this House shall be presented by being deposited in the Committee and Private Bill Office.

(3) There shall be indorsed on every Counter-Petition so presented—

  1. (a) the title (as entered in the Votes) of the Special Procedure Order to which it relates; and
  2. (b) the name and address of the Member, Party or Agent depositing it; and
  3. (c) the name of the Member, Party or Agent who presented the Special Procedure 6 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—

  1. (a) a copy thereof to be deposited in the office of the Clerk of the Parliaments and another copy thereof to be deposited at the office of the Minister; and
  2. (b) another copy thereof to be delivered, or despatched by registered post, to the original Petitioner at the address indorsed on the Special Procedure Petition; and
  3. (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, another copy thereof to be delivered, or despatched by registered post, 'to that applicant at his address as specified on the face of the Special Procedure Order.

(5) If, on consideration of a Counter-Petition, the Joint Committee to whom the relevant Special Procedure Petition stands referred, or has been referred by order of either House, are 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, and to tender evidence against the Special Procedure Petition.

Withdrawal of Petitions and Memorials.— 2361. With regard to the withdrawal of Petitions and Memorials presented to this House under the Orders contained in this Chapter, Standing Order 173 shall apply.

Orders of Local Government Boundary Commission.—236J. In relation to any Special Procedure Order made by the Local Government Boundary Commission under the Local . Government (Boundary Commission) Act, 1945, the foregoing Orders contained in this Chapter shall have effect subject to the following modifications:—

  1. (a) in sub-paragraph (a) of paragraph (3) of Order 236D the reference to the office of the Minister shall include a reference to the office of the Commission;
  2. (b) in paragraph (1) of Order 236E a reference to the Commission shall be substituted for the reference to the Minister;
  3. (c) in sub-paragraph (c) of paragraph (1) of Order 236G a reference to the Commission shall be substituted for the reference to the Minister, and the proviso to that paragraph and paragraph (2) of that Order shall not apply;
  4. (d) in sub-paragraph (a) of paragraph (4) of Order 236H the reference to the office of the Minister shall include a reference to the office of the Commission.

Extension of time.—236K. (1) If any period within which anything is required to be done under the Orders contained in this Chapter 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.

(2) In the case of a Special Procedure Petition presented to this House, paragraph (1) of this Order shall apply to the period of fourteen 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.

Notice of date of operation or withdrawal of Order.—236L. (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—

  1. (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;
  2. (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;
  3. (c) in any other case, both in the London Gazette and in the Edinburgh Gazette;
  4. 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.

Standing Order 237, page 223, line 7, after "Bills," insert "or Orders."

Appendix (C) (Table of Fees), page 231, line 34, at the end, insert—

Fees to be paid in proceedings relating to a Special Procedure Order within the meaning'of Chapter VIIA.

£ s. d.
"On the deposit of a Memorial by an applicant (other than a Government Department)… 1 0 0
For every day on which an applicant (other than a Government Department) appears before—
(1) the Chairmen… … 3 0 0
(2) a Joint Committee … 10 0 0
On the deposit of every Petition and of every Counter-Petition 2 0 0
For every day on which the Petitioners appear before the Chairmen or a Joint Committee … … … 2 0 0
For every day on which the Counter Petitioners appear before a Joint Committee … 2 0 0"

These Amendments are required following upon the passing of the Statutory Orders (Special Procedure) Act last December, which came into operation on 1st June. They have been framed in consultation with officials of another place and with representatives of Parliamentary agents and Government Departments. They are experimental, and they may have to be modified in the light of experience. Meanwhile, as they are necessary to carry out what Parliament has determined, I ask the House to approve their adoption.

Captain Crookshank

We had not been informed, definitely, that this was to be taken today. As it is so near to the end of the Session, and as these Amendments cannot possibly come into effect until October, I would suggest that the matter be left over until it can be looked at more carefully.

Debate adjourned; to be resumed upon Tuesday next.