HOUSE OF LORDS - United Kingdom Parliament

deemed to have been given for the substituted bill, and the petition to the
Secretary of State for the provisional order is taken to be the petition for the
bill. Petitions deposited against the draft order are received from the Scotland
Office by the House in which the bill originates as petitions presented against
the substituted bill. In the House of Lords no other petition may be
received. 1
Unopposed orders
9.74 If the two Chairmen raise no objection to the draft order and if
there is no opposition outstanding, the Secretary of State issues the
provisional order, with such modifications as may be necessary to meet
recommendations made by the two Chairmen or any public department
affected. He has power to send an unopposed order to an inquiry by
Commissioners before issuing it if he thinks it necessary, but this is
seldom done. 2
Opposed orders
9.75 Opposed orders are referred to Commissioners, who hear parties
in Scotland. There are four Commissioners, normally two members of
each House, selected by the two Chairmen from parliamentary panels
appointed by the Chairman of Committees in the House of Lords and
the Committee of Selection in the House of Commons. One of the
Commissioners is appointed as Chairman and, by custom, is chosen
alternately from each House. There is an extra-parliamentary panel for
emergencies, which consists of twenty persons “qualified by experience
of affairs to act as Commissioners” under the Act. This panel is revised
every five years. 3
9.76 The proceedings of the Commissioners follow closely those of
select committees on private bills. After inquiry the Commissioners
report on the order to the Secretary of State. They either report that the
order should not be made, in which case the order is rejected; or they
approve it, with or without modification. 4
1 PBSO 194, 195, 196, s. 2(4), PBSO 197.
2 s. 7, s. 3(1).
3 s. 5, PBSO 190, s. 4.
4 s. 6, 10–12, 14, 17, GO 73–115, s. 8.
188