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Private Legislation Procedure (Scotland) Act 1936

187 Interpretation of Standing Orders 188 to 198 (HC 225)

In the twelve following orders:—

“the Procedure Act” means the Private Legislation Procedure (Scotland) Act 1936;

“the Chairmen” means the Chairman of Committees of the House of Lords and the Chairman of Ways and Means in the House of Commons;
“confirmation bill” means a bill to confirm an order under the Procedure Act;

“draft order” means a draft provisional order under the Procedure Act;

“general orders” means general orders made under section 15 of the Procedure Act;

“substituted  bill”  means  a  bill  promoted  in  lieu   of a provisional order or part thereof which the Secretary of State has refused to issue.

188 Chairmen to determine procedure for considering of draft provisional orders (HC 226)

The Chairman of Ways and Means in the House of Commons (if that  House  thinks  fit  so  to  order)  and the Chairman of  Committees  shall  together  determine all matters of practice and procedure which will enable them to take into consideration draft provisional orders submitted to the Secretary of State under the Procedure Act.

189 Reports of Chairmen on draft provisional orders (HC 227)

A copy of every report on any draft provisional order made by the Chairmen to the Secretary of State, signed by the Chairmen, shall be laid before this House on or before the third day after it is made, or if the House be not then sitting, on or before the third day after its next sitting for public business.

190 Chairman of Committees to choose parliamentary panel (HC 228)

The Chairman of Committees shall select and propose to the House the names of not more than fifteen lords to form the parliamentary panel of members of this House to act as commissioners under the Procedure Act.

191 Constitution of joint committee on confirmation bill (HC 229)

(1) Where under the provisions of section 9 of the Procedure Act, whether as originally enacted or as applied by subsection (2) of section 10 of the Statutory Orders (Special Procedure) Act 1945, a confirmation bill  has been referred to a joint committee, the committee of this House shall consist of three lords, to be named by the Chairman of Committees in pursuance of Standing Order 95 (Appointment of committees).

(2) If any member of the committee of this House is prevented from continuing his attendance, the joint committee may, with the consent of all parties, continue its sittings in his absence, provided that the number of the committee of this House be not less than two and that the joint committee report accordingly to the House at its next meeting; but if the consent of any party is withheld, the joint committee shall adjourn and shall not resume its sittings in the absence of such member without leave of this  House.

192 Bills originating in House of Commons referred to joint committee to be deemed to have passed committee in this House (HC 230)

Where a confirmation bill originating in the House of Commons has been referred to a joint committee under the provisions of section 9 of the Procedure Act, whether as originally enacted or as applied by subsection (2) of section 10 of the Statutory Orders (Special Procedure) Act 1945, that bill shall, after being read a second time in this House, be deemed to have passed the stage of  committee.

193 Deposit of bill under section 1(4) of the Procedure Act (HC 231)

A bill conferring powers in respect of which a representation under section 1(4) of the Procedure Act would be required shall not be deposited earlier than four weeks after the representation has been made to the Secretary of  State.

194 Deposit of copies of substituted bill at public departments, etc. (HC 232)

(1) Where—
       (a) under the provisions of section 2 of the Procedure Act the Secretary of State has refused to issue a 
            provisional order, or part thereof, and
       (b) the petitioners for  the  order  desire  to promote a bill for the same objects as were sought by the draft 
            provisional order or such part,
the promoters shall, on or before the 14th day after the notification to them of the refusal of the Secretary of State to issue the provisional order or part, deposit a copy of the substituted bill in every office of a public department or other office in which copies of the  draft provisional order were, under general orders made in pursuance of the Procedure Act, required to be deposited.

(2) In the case of petitions for provisional orders deposited on or before 27th March, which are directed to be proceeded with as bills, the substituted bills may be deposited on or before the ensuing 27th November, and all notices  given, or other proceedings, in respect of such petitions shall be applicable to such bills.

195 Proofs before Examiner in case of substituted bill (HC 233)

In the case of a substituted bill,  the  service  of  such notices to opponents as are required by section 2 of the Procedure Act shall be proved before the Examiner, but where compliance with the corresponding general order is proved—
       (a) it shall not be necessary to prove compliance with Standing Orders 4 to 68, and
       (b) the notices published and served, and the deposits made, for the provisional order, or for the part thereof 
            for which the bill is  substituted, shall be held to have been published, served and made respectively for 
            the substituted bill.

195A Application of Standing Order 61 to substituted bill (HC 233A)

(1) This order applies whenever, during the progress through the House of Commons of any bill originating in that House promoted in lieu of a provisional order or part thereof in respect of which a plan and section were required under General Order 27 (Deposit of plan, book of reference and section, etc.) to be deposited, any alteration has been made in any work to be authorised by the bill.

(2) Standing Order 61 (Notices and deposits where work is altered while bill is in Parliament) shall apply to the bill subject to such adaptations and modifications as may be prescribed by general or special directions—
       (a) of the Chairman of Committees, or
       (b) of the Standing Orders Committee in cases where the Chairman of Committees thinks fit to refer the 
            matter to the committee.

196 Contents of substituted bill (HC 234)

Provisions which were contained in a draft provisional order may be omitted from the substituted bill, but no provisions shall be inserted in any substituted bill as deposited, which were not contained in the draft provisional order, and the Examiner shall certify whether this order has or has not been complied with.

197 Petitions for or against draft order to apply to substituted bill (HC 235)

In the case of a substituted bill originating in this House, all petitions deposited at the Scotland Office, Whitehall, pursuant to general orders, in favour of or against a draft provisional order shall, on transmission from that office to the office of the Clerk of the Parliaments, be received as if duly presented in favour of or against the substituted bill, and no petitions other than those so deposited shall be received.

198 Deposit of copies of substituted bill brought from House of Commons at public departments, etc. (HC 236)

A copy of every substituted bill brought from the House of Commons in which any amendment has been made on the consideration thereof in that House shall, not later than two days after the bill is read the first time, be deposited at every office at which the draft order—
       (a) was deposited under General Order 39 (Deposit of provisional orders at Treasury and other public 
            departments, etc.), or
       (b) would be required to be deposited under that order if the draft order as originally applied for had contained 
            the same provisions as the substituted bill so brought from the House of Commons.