04.06.2014 Views

HOUSE OF LORDS - United Kingdom Parliament

HOUSE OF LORDS - United Kingdom Parliament

HOUSE OF LORDS - United Kingdom Parliament

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

the Examiners, who report to him and the two Chairmen whether these<br />

General Orders have been complied with. If they have not, the<br />

promoters may apply for dispensation to the two Chairmen, whose<br />

decision is final. 1<br />

9.71 The last date for advertisements is 11 April or 11 December, as<br />

the case may be, and for six weeks from the last date of advertisement<br />

persons may petition against any draft order to the Secretary of State,<br />

who notifies the two Chairmen. 2 When this period has expired, the two<br />

Chairmen examine all the draft orders and any petitions, and report to<br />

the Secretary of State, who lays each report before <strong>Parliament</strong>. 3<br />

Order refused<br />

9.72 If the two Chairmen report that the provisions, or some of the<br />

provisions, of any draft order relate to matters outside Scotland to such<br />

an extent, or raise questions of public policy of such novelty and<br />

importance, that they ought to be dealt with by private bill and not by<br />

provisional order, the Secretary of State must, without further inquiry,<br />

refuse to issue a provisional order, to the extent objected to by the<br />

Chairmen. 4<br />

Substituted bill<br />

9.73 The promoters of a draft order which the two Chairmen consider<br />

should not be issued by the Secretary of State for Scotland, may, if they wish,<br />

introduce a private bill known as a “substituted bill”. They must, within 14<br />

days after the Secretary of State has notified them of his refusal to make the<br />

provisional order, deposit a copy of the bill in every public office where a<br />

copy of the draft order was deposited, and they must notify their intention to<br />

the opponents of the draft order and prove to the Examiner that they have<br />

done so. They must satisfy the Examiner that the bill does not contain any<br />

provision which was not contained in the draft order, though it is not<br />

required to contain all the provisions which were in the order. Subject to<br />

these conditions, the notices which were given for the draft order are<br />

1 s. 13, GO 4–56, 58–60, 65–67, 69–72, s. 3(2).<br />

2 GO 75.<br />

3 s. 2, PBSO 189.<br />

4 s. 2(2).<br />

187

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!