HL Deb 10 October 1946 vol 143 cc146-51

Interpretation of Part X.

203. In the Orders contained in this Part 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 by-laws 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 Committees in she House of Lords; 'the Chairmen' means, subject as aforesaid, 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.

204.—(1) Any Lord, who has been named by the House as a Deputy Chairman of Committees, shall be entitled to perform the functions of the Chairman of Committees under the Special Procedure Act, or under the Orders contained in this Part.

(2) Any reference in the said Orders to the Chairman of Ways and Means in the House of Commons shall be construed as including a reference to any deputy appointed in accordance with the Orders of the House of Commons to perform the functions of the said Chairman under the said Act.

Laying of Orders.

205.—(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 copies of the Order, and of the certificate or statement required by that section to be laid together with the Order,—

  1. (a) to be deposited in the Office of the Clerk of the Parliaments; 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.

206.—(1) Every Special Procedure Petition presented to this House shall be presented by being deposited in the Office of the Clerk of the Parliaments.

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

  1. (a) the title of the Special Procedure Order against which it is presented;
  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 Party or Agent depositing it.

(3) The Petitioner shall cause—

  1. (a) a copy of the Petition to be deposited in the Committee and Private Bill Office of the House of Commons, and another copy at the office of the Minister not later than the day following that on which the Petition was presented;
  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.

207.—(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 Office of the Clerk of the Parliaments.

(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 Committee and Private Bill Office of the House of Commons; 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.

208.—(1) If a Memorial is duly presented to this House objecting to a Special Procedure Petition, the Chairman shall give notice in the Office of the Clerk of the Parliaments of the time and place at which the Chairmen will consider the Petition and the Memorial.

(2) If no such Memorial is presented, but the Chairmen 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, the Chairman shall give notice in the Office of the Clerk of the Parliaments 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 Committee.

209.—(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 Lords to be named 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 sub-paragraph (c) of this paragraph shall be exercised by any Applicant specified in the notice, and thereupon the said subparagraph 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 Office of the Clerk of the Parliaments and in the Committee and Private Bill Office of the House of Commons within the said three days.

Counter-Petitions.

210.—(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 Office of the Clerk of the Parliaments.

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

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

  1. (a) a copy thereof to be deposited in the Committee and Private Bill Office of the House of Commons and another copy thereof to be deposited, at the office of the Minister;
  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, Counter-Petitions and Memorials.

211. Any Petitioner, Counter-Petitioner or Memorialist may withdraw his Petition, Counter-Petition or Memorial, on a requisition to that effect being deposited in the Office of the Clerk of the Parliaments, signed by him or by the Agent who deposited the Petition, Counter-Petition or Memorial; and where any such Petition or Counter-Petition is signed by more than one person, any person signing the Petition or Counter-Petition, may withdraw from the Petition or Counter-Petition by a similar requisition, signed and deposited as aforesaid.

Orders of Local Government Boundary Commission.

212. 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 Part shall have effect subject to the following modifications:—

  1. (a) in sub-paragraph (a) of paragraph (3) of Order 206 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 207 a reference to the Commission shall be substituted for the reference to the Minister;
  3. (c) in sub-paragraph (c) or paragraph (1) of Order 209 a reference to be 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 210 the reference to the office of the Minister shall include a reference to the office of the Commission.

Extension of time.

213.—(1) If any period within which anything is required to be done under the Orders contained in this Part expires when Parliament is dissolved or prorogued, or during any recess of the House, it shall be extended so as to expire with the first day thereafter on which the House sits for public business after such dissolution, prorogation or recess.

(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.

214.—(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;
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  3. (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.

Fees to be charged.

215. The fees to be charged in respect of Special Procedure Orders in the House of Lords shall be those set forth in the Appendix marked C.")

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