HL Deb 29 July 1936 vol 102 cc311-20
THE CHAIRMAN OF COMMITTEES (THE EARL OF ONSLOW)

My Lords, the number of Amendments to the Standing Orders which are on the Paper in my name is very formidable, but I do not think I need trouble your Lordships for more than a minute or two with explanations. They are almost entirely of a drafting or consequential nature. The only Amendments of substance—and they are not Amendments of very great substance—are in Standing Orders 44, 67, 73, 137 and 212. If any of your Lordships wish to have an explanation of those Standing Orders I should, of course, be very happy to give it. There is only one new Standing Order, and that is after Standing Order 123. Your Lordships will see that the new Order makes it a condition of acceptance of an undertaking by any Committee of this House that, if there should be a difference after the discharge of the Committee as to whether the undertaking has been carried out or not, the parties should abide by the ruling of the Chairman of Committees. As of course your Lordships will see, the undertaking may not be carried out for some time after the Committee has been dissolved, and there must be somebody who can decide whether or not the undertaking given to the Committee has been fulfilled.

Of course it is very important indeed, and your Lordships will recognise—especially those of you who have served on Private Bill Committees—that these undertakings should be carried out with absolute strictness; otherwise you would have to put the substance into the Bill itself, which would cause a great deal of trouble of an unnecessary kind. It happened—and that is the reason for this Standing Order—that a doubt arose as to whether an undertaking had been performed. It was brought to me, the Committee having been dissolved, and I felt it to be my duty to say that I thought that the undertaking had not been carried out. One of the parties—the party who gave the undertaking—differed, and in my view the undertaking was not properly put into force, so it appeared necessary to amend the Standing Orders in the manner which I have put down on the Paper to-day. I hope that your Lordships will be pleased to amend the Standing Orders and, unless any noble Lord should wish for any further explanation or elucidation of the subject, I beg to be allowed to move them en bloc.

Moved, That the Standing Orders, relative to Private Bills and Special Orders, be amended as follows:—

Standing Order 1, page 14, line 34, in second column, after ("Road") insert ("Quay")

Standing Order 1, page 14, line 43, in second column, after ("Waterwork") insert ("Wharf")

Standing Order 5, page 17, line 34, leave out ("set forth and specify the lands in or upon") and insert ("state the name of the city, borough (metropolitan or other), urban or rural district, and in the case of a rural district the parish in")

Standing Order 8, page 18, line 29, after ("taking") insert ("or compulsory user")

Standing Order 8, page 18, line 31, after ("taking") insert ("or compulsory user")

Standing Order 8, page 18, line 44, after ("taking") insert ("or compulsory user")

Standing Order 8, page 18, line 46, after ("taking") insert ("or compulsory user")

Standing Order 8, page 19, lines 8, 9 and 10, leave out ("or in case there is no such office, then in a newspaper published in each county in which any such works, lands, or undertaking are situate,")

Standing Order 8, page 19, line 13, after ("taken") insert ("or compulsorily used")

Standing Order 8, page 19, line 16, after ("taking") insert ("or compulsory user")

Standing Order 8, page 19, line 21, leave out ("more than one county") and insert ("one or more counties other than the county in which the principal office of the promoters is situate")

Standing Order 8, page 19, lines 27 and 28, leave out ("referred to in Standing Order 8")

Standing Order 10, page 19, lines 48 and 49, leave out ("not later than the twentieth day of November")

Standing Order 10, page 19, line 49, after ("days") insert ("commencing not later than the twentieth day of November")

Standing Order 10, page 20, line 5, after ("deposited") insert ("for public inspection with the officers mentioned in Standing Order 25 and Standing Order 35 within whose areas the streets or roads of which the surface may be altered or disturbed are situate")

Standing Order 13, page 20, line 45, after ("deposited") insert ("for public inspection")

Standing Order 14, page 21, line 6, after second ("lessees") insert ("and occupiers")

Standing Order 16, page 21, line 40, after ("Act") insert ("but not constructed")

Standing Order 16, page 21, line 44, leave out ("is") and insert ("would have been")

Standing Order 23, page 23, lines 2 and 3, leave out ("on or before the eighteenth day of December") and insert ("before the Second Reading of the Bill in this House")

Standing Order 25, page 24, line 10, leave out ("seasonable") and insert ("reasonable")

Standing Order 25, page 24, lines 16 to 24, leave out from ("Parliament") in line 16 to the end of line 24 inclusive and insert ("In the case of bills promoted by the council of any administrative county or any borough or urban or rural district whereby it is proposed to alter the boundary of such administrative county or borough or urban or rural district a map published prepared or approved by the Ordnance Survey on a scale of not less than three inches to a mile and also a duplicate thereof shewing the present and proposed boundaries of such administrative county or borough or urban or rural district shall be deposited with the clerk to such council or the town clerk of such borough who")

Standing Order 25, page 24, line 25, leave out ("seasonable") and insert ("reasonable")

Standing Order 27, page 24, line 36, after ("or") insert ("sanctioning a")

Standing Order 31, page 25, line 37, after the second ("or") insert ("to make, extend, or enlarge")

Standing Order 31, page 25, line 38, leave out ("such")

Standing Order 32, page 26, line 2, after ("river") insert ("or catchment board having jurisdiction over the river") and after ("board") insert ("or each such board")

Standing Order 32, page 26, lines 6 and 7, leave out ("an Ordnance map") and insert ("a map published, prepared or approved by the Ordnance Survey")

Standing Order 35, page 26, line 35, after ("deposited") insert ("for public inspection")

Standing Order 39, page 27, line 38, leave out ("and")

Standing Order 39, page 27, line 39, after ("Health") insert ("and at the Office of the Secretary of State for Air")

Standing Order 39, page 28, line 7, after ("harbour") insert ("pier, port, tidal waters or")

Standing Order 39, page 28, lines 7 and 8, leave out ("pier, port or tidal waters") and insert ("within the ordinary spring tides")

Standing Order 39, page 28, line 9, after ("Trade") insert ("and at the Office of the Civil Engineer-in-Chief of the Board of Admiralty")

Standing Order 39, page 28, line 9, leave out ("marked 'Tidal Waters'")

Standing Order 39, page 28, line 14, leave out ("such")

Standing Order 41, page 29, line 23, leave out ("of the first class")

Standing Order 41, page 29, line 25, after ("roads") insert ("other than those shewn on any plans deposited in relation to the Bill under Standing Order 25 or Standing Order 35")

Standing Order 41, page 29, line 26, leave out ("deposited at") and insert ("delivered at or sent by registered post to")

Standing Order 44, page 29, lines 41 and 42, leave out ("any municipal corporation, district council, joint board or joint committee, or other local authority") and insert ("the council of any county, borough or urban or rural district (including the Common Council of the City of London and the council of any metropolitan borough) or by any joint board or joint committee of local authorities")

Standing Order 44, page 30, line 12, at the beginning insert ("In the case of the council of any borough or urban or rural district")

Standing Order 44, page 30, line 14, leave out ("local authority") and insert ("council")

Standing Order 44, page 30, line 23, leave out ("within the area") and insert ("by the council")

Standing Order 44, page 30, line 26, leave out ("local authority") and insert ("council")

Standing Order 46, page 30, line 37, after ("Dock") insert ("Quay, Wharf")

Standing Order 46, page 30, line 38, after ("Bill") insert ("in respect of which an estimate of expense is not required to be deposited under Standing Order 44")

Standing Order 47, page 32, line 1, leave out ("duplicate") and insert ("duplicates")

Standing Order 67, pages 36 and 37, leave out the whole Standing Order and insert the following new Standing Order:

("Five per cent. or four per cent. of estimate to be eposited.

In the case of a Bill authorising the construction of works there shall on or before the fourteenth day of December be deposited with the Accountant General for and on behalf of the Supreme Court of Judicature a sum not less than the appropriate percentage on the amount of the estimate of expense, or, in the case of substituted works, on the amount by which the expense thereof will exceed the expense of the works to be abandoned:

Provided that no such deposit shall be required—

  1. (a) in the case of a Railway Bill or Tramway Bill if the works are to be constructed by an existing Railway Company or Tramway Company incorporated by Act of Parliament or by a scheme under the Railways Act 1921 which possesses a railway or tramway already open for public traffic and which has during the year last past paid dividends on its ordinary capital or gross dividends amounting in the aggregate to not less than £100,000 on its preference capital and which does not propose to raise under the Bill a capital greater than its existing authorised capital; or
  2. (b) in the case of any other Bill if the works are to be constructed by an existing company incorporated by Act of Parliament which during the year last past has paid such dividends as aforesaid and which does not propose to raise under the Bill a capital greater than its existing authorised capital;
The appropriate percentage shall be five per cent. in the case of railway or tramway works and four per cent. in the case of other works.")

Standing Order 69, page 37, line 18, after (" Commons ") insert (" provided that it shall not be necessary to make such deposit at the Office of the Secretary of State for Air unless so required by such Secretary of State")

Standing Order 70, page 37, line 25, leave out ("particular") and insert ("particulars")

Standing Order 70, page 37, line 13, after ("House") insert ("once")

Standing Order 73, page 41, lines 9 and 10, leave out ("introduced or proposed to be introduced into this House") and insert ("brought from the House of Commons")

Standing Order 73, page 42, line 21, at end insert:

("Provided always that if such an approval as is mentioned in Standing Order 71 has been given to the Bill as introduced or proposed to be introduced into the House of Commons and by the terms of such approval the Bill shall have been approved subject to such additions, alterations, and variations as Parliament may think fit to make therein, then it shall not be necessary for the purposes of this Standing Order to obtain any further approval in respect of any provisions inserted in the Bill in the House of Commons.

Provided nevertheless that it shall be competent for the Committee on the Bill if they think fit, having regard to the nature and effect of such provisions, to require any further evidence of the approval of such provisions on the part of the proprietors of the company")

Standing Order 74, page 42, lines 44 and 45, leave out ("introduced or proposed to be introduced in this House") and insert ("brought from the House of Commons")

Standing Order 74, page 43, lines 1 and 2, leave out ("introduced or proposed to be introduced in this House") and insert ("brought from the House of Commons")

Standing Order 74, page 43, line 13, leave out ("by the terms of")

Standing Order 74, page 43, line 13, after ("such") insert ("a")

Standing Order 74, page 43, line 14, after ("consent") insert ("as is mentioned in Standing Order 72 has been given to")

Standing Order 74, page 43, line 15, after ("Commons") insert ("and by the terms of the resolution or consent the Bill")

Standing Order 75, page 44, lines 21 to 38, leave out from ("73") in line 21 to the end of line 38 inclusive.

Standing Order 87, page 47, line 21, after ("Beading") insert ("or by direction of the Chairman of Committees")

Standing Order 87, page 47, lines 22 and 23, leave out ("or by direction of the Chairman of Committees")

Standing Order 87, page 47, line 21, after the above amendment insert (" or any petition for leave to bring in a Bill which was deposited in this House after the twenty-seventh day of November")

Standing Order 90, page 47, line, 37, leave out ("in case") and insert ("If")

Standing Order 97, page 48, line 37, after ("made") insert ("or one o'clock if that day fall on a Saturday")

Page 53, line 4, after Standing Order 123, insert the following new Standing Order:

("Undertakings given to Committees.

It shall be a condition of the acceptance by any Committee of this House of any undertaking given to the Committee by or on behalf of the promoters or parties appearing before the Committee that any difference arising after the discharge of the Committee between the parties in relation to the undertaking shall be determined by the Chairman of Committees")

Standing Order 137, page 56, leave out lines 8 to 12 inclusive.

Standing Order 139, page 56, line 39, leave out ("share") and after ("capital") insert ("or gross dividends amounting in the aggregate to not less than £100,000 on its preference capital") Standing Order 140, page 57, line 34, leave out ("share") and after ("capital") insert ("or gross dividends amounting in the aggregate to not less than £100,000 on its preference capital") Standing Order 142, pages 60 and 61, leave out the whole Standing Order.

Standing Order 168, page 67, line 32, leave out ("Two clear days at least")

Standing Order 168, page 67, line 37, at end add: ("Provided that in the case of an opposed or re-committed Bill such copies as aforesaid shall be so laid at least two clear days before the day so appointed.")

Standing Order 171, page 68, line 10, after (" Parliaments ") insert (" provided that it shall not be necessary to make such deposit at the Office of the Secretary of State for Air unless so required by such Secretary of State")

Standing Order 201, page 75, line 6, leave out ("1899") and insert ("1936")

Standing Order 207, page 76, line 17, leave out ("Seventeenth day of April") and insert ("Twenty-seventh day of March")

Standing Order 207, page 76, lines 19 and 20, leave out (" Seventeenth day of December ") and insert (" Twenty-seventh day of November ")

Standing Order 210, page 76, line 43, after (" Bill ") insert (" and no other petition shall be received")

Standing Order 211, page 77, line 5, leave out ("33") and insert ("37")

Standing Order 211, page 77, line 8, after ("Commons") insert ("provided that it shall not be necessary to make such deposit at the Office of the Secretary of State for Air unless so required by such Secretary of State")

Standing Order 212, page 78, in the fourth line of paragraph (1) leave out ("directed under any Act to be") and insert ("presented to or")

Standing Order 212, page 78, in the last line of paragraph (1) after ("1935") insert ("and the Government of Burma Act, 1935")

Standing Order 212, page 79, lines 44 and 45, after ("Committee") insert ("which shall be appointed by the Committee of Selection")

APPENDIX A.

Page 81, line 11, after ("taken") insert ("[or used]")

Page 81, line 12, leave out ("for the purposes of the said undertaking") and insert ("under the powers of the said Act")

Page 81, lines 17 and 18, leave out ("and section of the said undertaking") and insert ("[and section] relating to the purposes of the said Act")

Page 81, line 31, leave out ("set forth")

Page 82, lines 1 to 8, leave out lines 1 to 8 inclusive.—(The Earl of Onslow.)

On Question, Motion agreed to: Standing Orders amended accordingly, and to be printed as amended.

GOVERNMENT OF INDIA AND GOVERNMENT OF BURMA ORDERS.

MESSAGE FROM THE KING.

THE EARL OF CROMER

My Lords, I have to convey to the House the following message from the King:

" I have received your Addresses, praying that the Government of Burma (Karen Hill Tracts) Order, 1936, the Government of India (India Office Pensions) Order, 1936, the India and Burma (Income Tax Relief) Order, 1936, and the Aden Colony Order, 1936, be made in the form of the respective drafts laid before your Lordships' House, but subject, in the case of the Aden Colony Order, to the Amendments approved by your Lordships' House. I will comply with your request."