Examiners

  • Examiners
  • Public bills ordered to be examined by the Examiners

Examiners

69  Appointment of Examiners of Petitions for Private Bills (HC 69)

There shall be one or more officers of this House, to be called “The Examiners of Petitions for Private Bills,” who shall be appointed by the House.

70  Date of commencement of examination of petitions for bills (HC 71

(1) The examination of the petitions for private bills, copies of which bills have been deposited in accordance with the provisions of Standing Order 38 (Deposit of printed copies of bills in Parliament Office), shall commence on 18th December.

(2) If that day is a Saturday or a Sunday, the examination shall commence on 20th or 19th December, as the case may be.

71 Notice of examination of petitions for bills (HC 72)

The Examiner shall give not less than seven clear days’ notice in the office of the Clerk of the Parliaments of the day appointed for the examination of petitions for private bills.

72  Certificate as to petition (HC 70)

(1) The Examiner shall in the case of each petition for a bill—

      (a) certify whether the standing orders have or have not been complied with, and

      (b) when they have not been complied with, report the facts upon which his decision is founded, and
           any special circumstances connected with the case.

(2) Such a certificate shall be deposited in the office of the Clerk of the Parliaments.

73  Petitions for additional provisions (HC 73, 166A)

(1) A petition for additional provision in a private bill—

      (a) shall be signed by the petitioner and shall have annexed thereto a printed copy of the provisions
           proposed to be added, and

      (b) shall require the sanction of the Chairman of Committees before it is deposited in the office of the
           Clerk of the Parliaments.

The agent concerned for any such petition which has been so deposited shall supply prints of such proposed provision on payment, to all parties interested who may apply therefor.

(2) No such petition shall be received in the case of a bill brought from the House of Commons.

(3) Every such petition with the proposed additions annexed shall, except when it relates to a personal bill, be referred to the Examiners, and the Examiner—

      (a) shall certify whether the standing orders have or have not been complied with, and

      (b) when they have not been complied with, shall report the facts upon which his decision is founded
           and any special circumstances connected with the case.

Such a certificate shall  be deposited in the office of the Clerk of the Parliaments.

(4) Where provisions which were not contained in the bill as introduced into Parliament are sought to be inserted upon any such petition, the original notices shall not be held to apply to the additional provision proposed to be inserted.

(5) The Examiner shall give not less than two clear days’ notice in the office of the Clerk of the Parliaments of the day on which the petition will be examined.

74  Examination of bills brought from House of Commons, etc. (HC 74)

(1) Bills brought from the House of Commons, unless they are personal bills, after having been read the first time shall be referred to the Examiners, and the Examiner—

      (a) shall certify whether such standing orders as have not been previously inquired into have or have
           not been complied with, and

      (b) when they have not been complied with, shall report the facts upon which his decision is founded,
           and any special circumstances connected with the case.

(2) Such a certificate shall be deposited in the office of the Clerk of the Parliaments.

(3) The Examiner shall give not less than two clear days’ notice in the office of the Clerk of the Parliaments of the 15 day on which any such bill will be examined.

Bills brought from House of Commons may be referred to Examiners in respect of amendments made in this House.

Where in any private bill brought from the House of Commons amendments are made during its progress through this House the bill shall, if the Chairman of Committees thinks fit, be referred to the Examiners to consider and report whether the standing orders have been complied with in respect of the amendments.

76  Memorials complaining of non-compliance with standing orders (HC 75)

(1) Any parties shall be entitled to appear and to be heard by themselves or their agents upon a memorial addressed to the Examiners and signed by those parties or their agents complaining of a non-compliance with the standing orders if—

      (a) the matter complained of is specifically stated in the memorial, and

      (b) the party (if any) who may be specially affected by the non-compliance with the standing
           orders or his agent has signed the memorial and has not withdrawn his signature.

(2) In reference to petitions for additional provision in private bills and to bills brought from the House of Commons, the Examiner shall be at liberty to entertain such memorial, although neither the party (if any) who may be specially affected by the non-compliance with the standing orders nor his agent has signed it.

77 Right of audience before Examiner of proprietors dissenting at meeting under Standing Orders 62 to 67 (HC 76)

Any proprietor or member of any company, society, association or partnership who has by himself, or by any person authorised to act for him in that behalf, dissented at any meeting called in pursuance of Standing Orders 62 to 67, shall be entitled to appear and be heard by himself or his agent upon a memorial addressed to the Examiners and signed by him or his agent complaining of noncompliance with any of those standing orders.

78 Deposit of memorials in Parliament Office (HC 76)

Every memorial complaining of non-compliance with the standing orders in respect of any bill referred to the Examiners—

      (a) after first or second reading, or

      (b) by direction of the Chairman of Committees, or

      (c) in respect of any petition for additional provision, or

      (d) in respect of any petition for leave to bring in a bill which is deposited in this House, shall, together with
           two copies thereof for the use of the Examiners, be deposited in the office of the Clerk of the Parliaments
           before noon on the day preceding the day first appointed for the examination of the bill or
           petition in question.

79  Withdrawal of memorials (HC 76A)

Any memorialist may withdraw his memorial, on a requisition to that effect being deposited in the office of the Clerk of the Parliaments, signed by him or his agent; and where any such memorial is deposited by or on behalf of more than one person, any of those persons may withdraw from the memorial by a similar requisition, signed and deposited as aforesaid.

80  Proof by affidavit (HC 77)

The Examiner may admit affidavits in proof of the compliance with the standing orders.

81  Examiner to make special report in certain cases (HC 79)

If the Examiner feels doubt as to the due construction of any standing order in its application to a particular case, he shall make a special report of the facts, without deciding whether the standing order has or has not been complied with: such special report to be deposited in the office of the Clerk of the Parliaments.

82 Certificates and special reports to be laid on table

All certificates and special reports from the Examiners shall be laid on the table on the first sitting day after the deposit of the same in the office of the Clerk of the Parliaments.

Public bills ordered to be examined by the Examiners

83 Examination of public bills by Examiners (HC 224)

(1) Where a public bill (not being a bill to confirm a provisional order) is whilst pending in this House referred to the Examiners with respect to the applicability thereto of the standing orders of this House,  the Examiner—

      (a) shall certify, and

      (b) in the case of a bill originating in this House, shall have leave to report to the House of Commons (if that
           House thinks fit so to order),

whether any of the standing orders, compliance with which in the case of a private bill is to be proved before one of the Examiners, are applicable to the bill and, if applicable, whether or not they have been complied with.

(2) The Examiner shall give not less than two clear days’ notice in the office of the Clerk of the Parliaments of the day on which the bill will be examined.

(3) Any parties shall be entitled to appear and to be heard by themselves or their agents upon a memorial addressed to the Examiners and signed by those parties or their agents alleging that the standing orders are applicable to the bill and have not been complied with, if the matter complained of is specifically stated in the memorial, and the party (if any) who may be specially affected by the non-compliance with the standing orders or his agent has signed such memorial and has not withdrawn his signature thereto.

(4) Where any such bill originating in the House of Commons is whilst pending in that House ordered to be examined by the Examiners with respect to the applicability thereto of the standing orders of that House, the Examiner shall, if that House gives him leave so to do, certify whether any such standing orders as aforesaid are applicable to the bill and, if applicable, whether or not they have been complied with. 

(5) Standing Orders 82 (Certificates and special reports to be laid on table) and 87 (Reference to Standing Orders Committee of reports from Examiner of non-compliance with standing orders, etc.) shall, so far as applicable, apply to certificates from the Examiner under this order in like manner as they apply to certificates and special reports from the Examiner in relation to private bills.