HOUSE OF LORDS - United Kingdom Parliament

Scotland; and petitions him to issue a provisional order in the terms of
the draft or with such modifications as may be necessary. 1 Legislation for
purposes which would require a personal bill, as defined by private
business SO 3(2), is exempted from this provision.
9.67 In this Part “s.” refers to sections of the Private Legislation
Procedure (Scotland) Act 1936; and “GO” refers to General Orders
made under s.15(1).
Legislation not confined to Scotland
9.68 A person who seeks powers “to be operative in Scotland and
elsewhere” may make representations to the Secretary of State that the
powers should be conferred by a single enactment. 2 The Secretary of
State, the Chairman of Committees and the Chairman of Ways and
Means in the House of Commons consider such a representation. If they
are of the opinion that the powers would be more properly obtained by
a private bill than by the duplicated process of a provisional order for
Scotland and a private bill for the areas affected beyond Scotland, they
publish their decision and report it to Parliament. The promoter then
proceeds by private bill. 3 A petition for such a bill may not be presented
sooner than four weeks after the representation has been made to the
Secretary of State.
Draft orders
9.69 Application for provisional orders may be made twice a year, on
27 March and 27 November. A printed copy of every draft order must
be deposited in the appropriate offices of both Houses of Parliament. 4
9.70 Promoters are required to comply with General Orders made
under the 1936 Act, which correspond with the standing orders that
have to be complied with prior to the introduction of a private bill. These
require them to deposit copies of draft orders at certain public offices,
and to give notice by public advertisement to owners and occupiers of
land or houses affected. The Secretary of State refers all draft orders to
1 s. 1(1).
2 s. 1(4).
3 PBSO 193.
4 GO 2, s. 1(2).
186