Time and Provisional Deposit by personal delivery or by post. Deposit not to be made on Sunday, &c. (v) Add the following Orders: 26. Applications for a Provisional Order under the Private Legislation Procedure (Scotland) Act, 1899, must be made to the Secretary for Scotland by petition praying him to issue a Provisional Order in accordance with the terms of a draft order submitted to him along with the petition or with such modifications as shall be necessary. Such petition and draft order must be printed and must in any year be lodged by depositing twenty copies thereof (one of which shall be signed by the promoters or their agent) in the manner and subject to the conditions prescribed by General Order 23 at the office of the Secretary for Scotland, Whitehall, on one of the two following dates (hereinafter called the specified dates), that is to say, the seventeenth day of April, or the seventeenth day of December; and the times and periods prescribed in these Orders for advertisements, notices, and other proceedings shall be calculated with reference to one or other of the specified dates. A petition and draft order lodged within three days prior to one of the specified dates shall be deemed to have been lodged on such date; but after either of the said dates it shall not be competent to lodge a petition for a Provisional Order until the specified date next following. If a specified date falls on a Sunday, Good Friday, or public holiday, the next day which is not a Sunday or public holiday shall be deemed to be the specified date. The petition for a Provisional Order shall be headed by a short title descriptive of the undertaking or Provisional Order, corresponding with that at the head of the advertisement required by General Order 3. 23. Any deposit required by General Orders may be made either by personal delivery or, at the option of the promoters, by registered letter or registered parcel post, and in case of deposit by post the production of a certificate of the posting of such letter or parcel shall be sufficient evidence of the due delivery of such letter or parcel, if it shall appear that the same was properly and sufficiently directed, and in the case of a letter that the same was not returned by the Post Office as undelivered, or in the case of a parcel that it bore on the cover the name and address of the sender and that notification of non-delivery was not made by the Post Office to the sender. No deposit required by General Orders shall be deemed valid if made on Sunday, Christmas Day, Good Friday, or Easter Monday, or before eight o'clock in the forenoon, or If the date of deposit falls on any of the days aforesaid, III. Proceedings of, and in relation to, the Examiners. of non 70. Any parties shall be entitled to appear and be heard, by Memorial themselves, their agents, and witnesses, upon a memorial addressed complaining to the Examiners, complaining of a non-compliance with the compliance. General Orders, provided the matter complained of be specifically stated in such memorial, and the party (if any) who may be specially affected by the non-compliance with the General Orders have signed such memorial and shall not have withdrawn his signature thereto, and such memorial have been duly deposited in the office of the Examiners at Westminster not later than three weeks after the petition for the Provisional Order has been lodged when it relates to General Orders 3 to 59, and not later than three days before the day appointed by the Examiner for the examination of the proposed Provisional Order with regard to further General Orders when it relates to such Orders. 71. In case any proprietor, shareholder, or member of or in any Proprietors company, society, association, or co-partnership, shall by himself, meeting may dissenting at or any person authorised to act for him in that behalf, have memorialise dissented at any meeting called in pursuance of General Orders 62 and be heard. to 66, such proprietor, shareholder, or member shall be permitted to be heard by the Examiner, on the compliance with such General Order, by himself, his agents and witnesses, on a memorial addressed to the Examiner, such memorial having been duly deposited in the office of the Examiners at Westminster not later than seven days after the day on which the meeting was held. A copy of any memorial addressed to the Examiners shall at the time when such memorial is deposited be sent by the memorialists to the promoters or their agent. orders to be referred to 74. All modified draft Provisional Orders as printed and deposited Modified in terms of sects. 7 and 8 of the principal Act shall be referred by the Secretary for Scotland to the Examiners, and the Examiner Examiners. shall report to the Chairmen and to the Secretary for Scotland whether the General Orders have or have not been complied with, and when they have not been complied with he shall also report to the Chairmen the facts upon which his decision is founded, and any special circumstances connected with the case, and in the case of any modified draft Provisional Order, the compliance with such General Orders only as shall not have been previously inquired into shall be proved. If the Examiner finds in terms of this or the immediately preceding Order that the General Orders have not been complied with, the petitioners for the Provisional Order may, within seven days after such finding has been reported to the Chairmen, apply by memorial to the Chairmen to dispense with any General Order which is reported not to have been complied with, and a copy of any such memorial shall at the time when such memorial is presented be sent by the petitioners to the party or parties, if any, upon whose complaint the Examiner reported such General Order not to have been complied with. See Rothesay Tramways (Extension) Draft Provisional Order (1902), 39 Time and mode of presenting petitions relating to Provisional Orders. Petitioners against Provisional Order not to be heard unless petition presented not later than four weeks after application lodged. IV. Proceedings of, and in relation to, Commissioners appointed under the principal Act, and other proceedings and requirements in regard to Provisional Orders. 77. Every petition in favour of or against a proposed Provisional Order shall be addressed to the Secretary for Scotland, and twelve printed copies thereof shall be deposited at the Office of the Secretary for Scotland, Whitehall, one of which shall be signed by or on behalf of the petitioner or petitioners, and there shall be endorsed thereon the name or short title of such Provisional Order and a statement that such petition is in favour of or against such Provisional Order, or otherwise, as the case may be. Copies of every petition against a Provisional Order shall at the time when such petition is presented be sent by the petitioners or their agent to the promoters of the Provisional Order or their agent, and in the event of the Secretary for Scotland refusing in terms of subsection two of section two of the principal Act to issue the proposed Provisional Order so far as the same is objected to by the Chairmen or Chairman, such promoters or their agent shall within fourteen days after the Secretary for Scotland intimates such refusal to them inform such petitioners or their agent by notice, either delivered personally or forwarded by registered letter, whether they intend to proceed by way of private bill applying for similar powers 79. Subject to the provisions of sub-section two of section six of the principal Act, no petitioners against any Provisional Order shall be heard before Commissioners, unless their petition praying to be heard shall have been prepared and signed in strict conformity with General Orders, and shall have been presented to the Secretary for Scotland by having been deposited in the Office of the Secretary for Scotland, Whitehall, in the manner and subject to the conditions prescribed in General Order 23 not later than four weeks after the petition for the Provisional Order has been lodged, or in the case of a dissentient petitioner within the meaning of General Order 77, either not later than four weeks as aforesaid or not later than seven clear days after the day on which the meeting at which he dissented was held, whichever date is later, except where the petitioners shall complain of any matter which may have arisen during the progress of the Provisional Order before the said Commissioners or of the amendments as proposed in the filled-up Provisional Order. The Secretary for Scotland shall cause a list of petitions duly presented to him in terms of this Order to be communicated to Commissioners at their first sitting, with a copy of each petition mentioned in the list. Dispensed with under sect. 6 (2) of the Act in Arizona Copper Co., Ltd. (1901), 38 S. L. R. 862. [The remaining General Orders, which correspond with the Standing Add the following orders, which do not correspond to any of the Applications of Orders and Statutes. Secretary for 142. Where these orders give any instructions to Commissioners in respect of their dealings with a Provisional Order, the Secretary Scotland to have regard for Scotland shall in the case of a Provisional Order which is not to certain referred to Commissioners have regard to such instructions before orders. making and issuing the same. 143. In every case where, if a proposed Provisional Order were a General Acts Private Bill, any general Act of Parliament or clauses thereof would or clauses be incorporated there with according to law or to the ordinary incorporated. thereof to be Application of Parliamentary Deposits Act, 1837. Application of Parliamentary Deposits Act, 1846. practice of Parliament, such Act or clauses shall be incorporated with the Provisional Order, subject to such exceptions and variations as may be mentioned in the Provisional Order. 144. The provisions of the Parliamentary Documents Deposit Act, 1837, shall apply in respect of maps, plans, sections, and other documents by these Orders required to be deposited, and shall be binding on all persons with whom the same are directed to be deposited, and may be enforced in all respects as if such deposits were required by Standing Orders of either of the Houses of Parliament. 145. The provisions of the Parliamentary Deposits Act, 1846, shall apply in respect of any sums of money by these Orders required to be deposited by the subscribers to any work or undertaking as if such deposits were required by Standing Orders of either House of Parliament. Provided that in respect of such sums of money the powers of a clerk of the Office of the Clerk of the Parliaments or the Private Bill Office of the House of Commons under the said Act shall, so long as the procedure for obtaining sanction to the work or undertaking aforesaid is by way of draft Provisional Order, be vested in and may be exercised by an Under Secretary or Assistant Under Secretary for Scotland; and provided further that in the said Act of 1846 the expression "bill" shall be deemed to include a Provisional Order or draft Provisional Order under the principal Act, and references to the rejection or withdrawal of a petition or bill by some proceeding in either House of Parliament shall be deemed to include reference to the refusal or withdrawal of a Provisional Order or a draft Provisional Order under the principal Act; and in case of such refusal or withdrawal the Court shall not make an order in terms of the said Act of 1846, unless upon the production of the certificate of the Secretary for Scotland that such Provisional Order or draft Provisional Order was refused or withdrawn, which certificate the Secretary for Scotland shall grant subject to the like incidents and conditions as are provided in the said Act of 1846 with respect to a certificate signed by the Chairman of Committees of the House of Lords or the Speaker of the House of Commons. |