Statutory Orders (Special Procedure) Act 1945
203 Interpretation of Standing Orders 204 to 215 (HC 237)
In the twelve following orders:—
“Special Procedure Act” means the Statutory Orders (Special Procedure) Act 1945 as amended by the Statutory Orders (Special Procedure) Act 1965;
“special procedure order” means an order, scheme, certificate or byelaw 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 of the 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 on whose application the order is made or confirmed;
“copy”, in relation to any document, means a printed or typewritten copy.
204 Deputy Chairmen (HC 238)
(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 following eleven orders.
(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.
205 Laying of orders (HC 239)
(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—
(a) to be deposited in the office of the Clerk of the Parliaments, and
(b) to be made available to any person on application to the minister and on payment.
(2) The requirements of paragraph (1)(b) 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.
(3) The name and address of the applicant (if any) shall be endorsed on any order so laid and on all copies of the order so deposited and made available.
205A Laying of maps and plans (HC 239A)
If under a special procedure order it is proposed to authorise the compulsory acquisition of land, or of rights to use land, or if the order relates to any works or to any area of land or water, and the said works or area are described by reference to a map or plan, a copy of a map or plan of the said land or works or area shall be deposited in the office of the Clerk of the Parliaments on the day on which the order is laid in this House.
206 Presentation of petitions against orders (HC 240)
(1) Every special procedure petition presented to this House shall be signed by the petitioner or his agent and presented by being deposited in the office of the Clerk of the Parliaments.
(2) There shall be endorsed on every special procedure petition so presented—
(a) the title of the special procedure order against which it is presented,
(b) a statement that it is presented as a petition for amendment or a petition of general objection, as the
case may be, and
(c) the name and address of the party or agent depositing it.
(3) The petitioner shall cause—
(a) a copy of the petition to be deposited in the Private Bill Office of the House of Commons, in the office of
the Chairman of Ways and Means, and at the office of the minister, not later than the day following that
on which the petition was presented,
(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 endorsed on the order not later than the day
aforesaid, and
(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 endorsed on the
petition, and on payment.
207 Memorials objecting to petitions (HC 241)
(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 deposit in the office of the Clerk of the Parliaments a memorial addressed to the Chairman and signed by him or his agent—
(a) objecting to the petition being certified as proper to be received or,
(b) 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) On the day on which a memorial is so deposited, the memorialist shall cause—
(a) a copy thereof to be deposited in the Private Bill Office of the House of Commons and in the office of the
Chairman of Ways and Means, and
(b) a copy thereof to be delivered, or despatched by registered post, to the petitioner or his agent at the
address endorsed on the special procedure petition.
207A Special report by Chairmen (HC 241A)
(1) Where the Chairmen certify that a special procedure petition is proper to be received as a petition for amendment but are of opinion that any amendment asked for would, if made, alter the scope of the special procedure order or affect the interest of persons other than the petitioner, they may make a special report to that effect.
(2) A special report made under this order shall be laid before both Houses and shall stand referred to the joint committee on the petition.
(3) A special report made under this order may, without binding the joint committee, express the Chairmen's opinion on the extent to which effect should be given to any amendment to which the report refers and the steps that should be taken to bring that amendment to the notice of persons likely to be affected thereby.
208 Consideration of petitions by Chairmen (HC 242)
(1) If a memorial is duly deposited in the office of the Clerk of the Parliaments objecting to a special procedure petition, the Chairman shall give notice in that office of the time and place at which the Chairmen will consider the petition and memorial.
(2) If no such memorial is deposited, but the Chairmen—
(a) 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, or
(b) are of opinion that a special procedure petition contains matters on which they should make a special
report under Standing Order 207A (Special report by Chairmen),
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, but only if objection to locus standi or such rights has been made in a memorial duly deposited as aforesaid.
209 Joint committees on petitions (HC 243)
(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, 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) and the order of proceedings shall be as follows:—
(a) the minister shall, if required by the committee, briefly explain the order by means of a factual statement,
to be agreed with the petitioner and counter-petitioner (if any),
(b) the petitioner shall be entitled to be heard in support of the petition,
(c) if the committee are of opinion that he has a case to answer, the minister shall be entitled to be heard
against the petition,
(d) the petitioner shall be entitled—
(i) to reply, or
(ii) before replying, to call rebutting evidence, with the leave of the committee, on which the minister
shall be entitled to comment,
(e) the petitioner and the minister may appear by counsel or agent.
(2) The minister may give notice in accordance with paragraph (3) that he desires that the rights and functions conferred on him by sub-paragraph (a), (c), (d) and (e) of paragraph (1) to be exercised by any applicant specified in the notice, and thereupon the said sub-paragraphs shall have effect as if that applicant were substituted for the minister.
(3) Any such notice shall be delivered, or despatched by registered post, to the petitioner or his agent at the address endorsed on the special procedure petition and to the applicant specified in the notice at his address as endorsed on the special procedure order, within a period of four days beginning—
(a) with the day on which the report of the Chairmen is laid before Parliament under subsection (5) of section
3 of the Special Procedure Act, or
(b) if the report is so laid on different days, with the later of the two days;
and copies of any such notice shall be deposited in the office of the Clerk of the Parliaments and in the Private Bill Office of the House of Commons within the said four days.
(4) The minutes of evidence taken before the committee shall be laid on the table.
(5) 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 this 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.
210 Counter-petitions (HC 244)
(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) a petition (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 by whom or on whose behalf the
counter-petition is presented (the “counter-petitioner”), and
(b) 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 signed by the counter-petitioner or his agent and presented by being deposited in the office of the Clerk of the Parliaments.
(3) There shall be endorsed on every counter-petition so presented—
(a) the title of the special procedure order to which it relates,
(b) the name and address of the party by whom or on whose behalf it is deposited, and
(c) the name of the party who signed or whose agent signed 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—
(a) a copy thereof to be deposited in the Private Bill Office of the House of Commons, in the office of the
Chairman of Ways and Means, and at the office of the minister,
(b) a copy thereof to be delivered, or despatched by registered post, to the original petitioner or his
agent at the address endorsed on the special procedure petition, and
(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, a copy thereof to be delivered, or despatched by
registered post, to that applicant at his address as endorsed on 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, against the special procedure petition, either before or after the minister or applicant has been heard as the committee may direct.
211 Withdrawal of petitions, counter-petitions and memorials (HC 245)
(1) Any petitioner, counter-petitioner or memorialist may withdraw his petition, counter-petition or memorial, by way of a written notice to that effect being submitted to the office of the Clerk of the Parliaments.
(2) Where any such petition or counter-petition is submitted by or on behalf of more than one person, any of those persons may withdraw from the petition or counter- petition by submitting a similar notice as mentioned above.
212 [Repealed 17th July 1951]
213 [Repealed 17th April 1975]
214 Notice of date of operation or withdrawal of order (HC 248)
(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—
(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,
(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,
(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.
215 Fees to be charged
The fees to be charged in respect of special procedure orders in the House of Lords shall be such as shall be authorised from time to time by the House.