§ Procedure with respect to the making and approval of Orders under Section One.
§ 4. If the draft order as settled by the Board under paragraphs one to three of this Schedule does not amend or repeal any provision in a public general or local or private Act, the Board shall cause the draft order as so settled to be laid before both Houses of Parliament, and the order shall not be made unless both Houses by Resolution approve the draft, either without modification or addition or with modifications or additions to which both Houses agree, but upon such approval being given the Board may make the order in the form in which it has been approved, and the order on being so made shall be of full force and effect.
§ 5. If the draft order as settled by the Board under paragraphs one to three of this Schedule amends or repeals any provision of any public general or local or private Act, the draft order as so settled shall be published in such manner as the Board think best adapted for informing persons affected, together with a notice that the draft order will be presented to both Houses of Parliament 720 for approval, unless within such period, not being less than thirty days as may be specified in the notice, a memorial be presented to the Board by some person affected by the order, praying that the order shall not become law without confirmation by Parliament.
§ 6. If no such memorial has been presented within such period as aforesaid or if any such memorial has been withdrawn, the Board shall cause the draft order as so settled to be laid before both Houses of Parliament, and the provisions of paragraph four of this Schedule shall apply.
§ 7. If any such memorial has been presented within such period as aforesaid and has not been withdrawn the Board may make the order in the terms of the draft but the order shall have no effect until confirmed by Parliament, and the Board may submit the order to Parliament for confirmation.
§
LORD MERTHYR moved to leave out paragraphs 4, 5, 6 and 7, and insert:
4. After a draft order has been settled by the Board, the Board shall publish the draft in such manner as they think best adapted for informing persons affected, together with a notice that the draft order as so settled is to be laid before Parliament for approval in accordance with the subsequent provisions of this Part of this Schedule unless within such period, not being less than thirty days, as may be stated in the notice, a memorial is presented to the Board by some person having an interest, right or privilege conferred on him by any Local or Private Act which would be affected by the order, specifying the interest, right or privilege claimed and praying that the order shall not become law without confirmation by Parliament in accordance with Part II of this Schedule.
5. If no such memorial has been presented within the said period, or if every such memorial has been withdrawn, the Board may cause the draft order as so settled to be laid before both Houses of Parliament, and if both Houses by Resolution approve the draft, the Board may make the order and the order on being so made shall be of full force and effect.
6. If any such memorial has been presented as aforesaid and has not been withdrawn, the Board may make the order, but any order so made shall be provisional only and shall have no effect unless and until confirmed by Parliament.
§ The noble Lord said: This is perhaps the most important of the Amendments on the Paper. Your Lordships will see on looking at the First Schedule that it is desired to erase altogether paragraphs 4, 5, 6 and 7 of that Schedule and to substitute three other paragraphs. These will be shorter and simpler than the original draft of the Bill. They have been agreed, I understand, by all the interests concerned, who had at first some doubt on the matter but I believe are now quite satisfied that the procedure 721 drafted in these Amendments will protect their interests. There are one or two reasons why the Amendments as printed are preferable to the Bill. In the first place, if the Bill had not been amended it would have been necessary for the Board of Trade, at great labour and expense, to satisfy themselves that there was no Act, including a Local Act, in existence which would prejudice the rights of parties concerned, and the onus would have been on the Board to find out that information. It might have taken a very considerable time. Therefore the procedure is altered, and two alternatives are now substituted. If an Order is made, and there is no opposition within thirty days, that draft of the Order is laid before both Houses of Parliament and must be confirmed by both Houses. If, on the other hand, there is any objection by a responsible person or authority, then the Provisional Order machinery is instituted, and the Order can only be approved by Act of Parliament in the usual way, which will enable the necessary Bill to be submitted to a Select Committee if desired.
§ That is the procedure proposed, and as I have said it gives satisfaction to the parties who are interested. Another advantage of this new drafting is that only people who are in a responsible position, and whose personal rights would be affected, may object to this Order, whereas in the Bill as printed anybody in the position, say, of a common informer, could have lodged an objection and held up the whole proceedings, perhaps for a critical period, that person being one whose interests and rights were not prejudiced by the Order. There is one other point which I should mention here, and that is that a change has been made in the drafting which would have the effect that the Order, when laid before Parliament, cannot be altered or amended by Parliament but can only be agreed to or objected to in its entirety by either House. That will save any possibility of disagreement or dispute between the two Houses as to the nature or terms of an Order, and at the same time will not be a very cumbersome procedure, because an Order, if rejected by Parliament, can be re-presented in some amended form very shortly afterwards. It is felt that an improvement has been effected by the Amendment in this respect also. I beg leave to move.
722
§
Amendment moved—
Page 7, line 20, leave out paragraphs 4, 5, 6 and 7, and insert the said new paragraphs.—(Lord Merthyr.)
§ On Question, Amendment agreed to.
§ Amendment moved—
§ In the First Schedule insert:
§ ("PART II.