Action to be taken by Committees on Certain Bills

  • Bills affecting fencing of bridges and railway, tramroad and tramway bills
  • Charitable or educational institutions
  • Water bills
  • Gas works, burial ground, etc., bills

Charitable or educational institutions

142  Report by Attorney-General in case of bill affecting any charity or educational foundation (HC 158)

(1) In the case of any bill containing provisions by which it is proposed—

      (a) to direct any application of the property of any charity, or to affect the patronage or the constitution
           of any charity, or the right of any charity to any property, or

      (b) to set up, or to take power to set up, or to take over or interfere in the management of, any
           school or other educational foundation or institution, or to levy any rate or raise money for any
           such purpose;

notice in writing of the bill shall be given to the Attorney-General, and no such bill shall be taken into consideration by the committee on the bill until a report  from the Attorney-General on the bill has been presented to the House (by being deposited in the Office of the Clerk of the Parliaments).

(2) This order shall not apply to any Scottish charity or educational foundation, or institution, nor to any bill which affects the property of a charity to the extent only that it is proposed thereby to authorise the compulsory acquisition or affection of such property under the Lands Clauses Acts.

143  [Repealed 31st October 1990]

Bills affecting fencing of bridges and railway, tramroad and tramway bills

131  Fencing of bridges (HC 146)

Where in any bill it is proposed to construct a bridge for carrying a public carriage road the bill shall require the erection of a good and sufficient fence on each side of the bridge.

132 [Repealed 31st October 1990]

133 [Repealed 26th October 1967]

134 [Repealed 28th July 1953]

135 Specification of length of railway, etc. (HC 150)

In every railway, tramroad, or tramway bill, the length of each railway, tramroad and tramway shall be set forth in a clause describing the works with a statement in the case of each tramway whether it is a single or a double line.

136 [Repealed 7th June 1961]

137 [Repealed 31st October 1990]

138  Restriction of powers for construction, acquisition, or taking on lease of tramway by local authority (HC 153)

(1) No powers shall be given to any local authority to construct, acquire, take on lease, or work any tramway or portion of tramway, beyond the limits of their area, unless—

      (a)  such tramway or portion of tramway is in connection with a tramway belonging to or authorised
            to be constructed, acquired, or worked by the local authority, and

      (b)  the committee on the bill determine that, having  regard to the special local circumstances, such
            construction, acquisition, taking on lease, or working ought to be sanctioned.

(2) In every case in which the committee so determine, they— 

      (a) shall specify what portion of the tramway will be situate beyond the area of the local authority
           to which the power of construction, acquisition, or taking on lease is given, and

      (b) shall insert a clause for the protection of the local authority of the area in which such tramway or
           portion of tramway will be situate in the terms (subject to such modifications as may be
           necessary) of section 43 of the Tramways Act 1870 unless the committee report that the 
           insertion of such a clause is not required, with the reasons on which their opinion is founded.

139  Running powers in tramway bills (HC 154)

(1) Where a local authority are empowered to work any tramways belonging to or authorised to be constructed or acquired by them, the committee on the bill may, if they think fit in the special circumstances of the case, empower the local authority to enter into agreements for running powers over any tramways in connection with the tramways so worked or to be worked by them.

(2) In any such case the committee on the bill shall make provision—

      (a) that no such agreement shall have effect until approved by the Secretary of State for the
           time being responsible for transport matters;

      (b) that all enactments, byelaws and regulations relating to the use of, or the running of carriages  upon,
           the tramways, and the taking of tolls and charges therefor, shall, so far as applicable and with 
           the necessary modifications, extend and apply to, and shall be observed by, the local authority
           exercising such running powers;

      (c) that such running powers shall in no case be exclusive, and shall cease unconditionally at the
           expiration of seven years from the date of the agreement;

      (d) that further agreements for the exercise of such  running powers may be made from time to time with
           the approval of the Secretary of State for the time being responsible for transport matters for any
           period not exceeding seven years, provided that such powers shall cease unconditionally at the
           expiration of the period for which the same are given; and

      (e) that all questions in dispute as to the construction of, or arising in consequence of, such agreements
           shall be determined by arbitration.

140 [Repealed 31st October 1990]

141 [Repealed 31st October 1990]

Water bills

144  Compensation water, etc. (HC 160)

(1) In the case of a bill by which it is proposed to authorise the impounding by means of a dam constructed across a river or stream, or the abstraction by other means, of the whole or any part of the water of a river or stream, the committee on the bill shall—

      (a) where such a dam is to be constructed, inquire into the expediency of making provision, so far
           as may be practicable, for giving a flow of water in compensation for the water impounded, and for
           securing that the whole or a minimum amount of such compensation water shall be given in a continuous
           flow throughout the twenty-four hours of every day; and

      (b) in any other case, inquire into the expediency of making provision for limiting the amount of water
           to be abstracted, either to a specified quantity in a specified period or so as to secure that the flow
           in the river or stream at a specified point below the point of abstraction shall not be reduced
           below a specified amount or rate.

(2) In determining whether any and, if so, what provision should be made in either of the cases aforesaid, the committee shall have regard—

      (a) to the character and flow of the river or stream;

      (b) to the extent to which it is used for industries, fisheries and other undertakings;

      (c) to  the  probability  of  future  industrial development;

      (d) to the minimum flow required in the interest of  public health; and

      (e) to the protection of the rights and interests of riparian and other landowners.

Gas works, burial ground, etc., bills

145  Limits of gas works, burial ground, etc., to be defined HC 161)

In the case of a bill by which it is proposed to authorise—

      (a) the construction of gas works or sewage works, or works for the manufacture or conversion
           of the residual products of gas or sewage or a station for generating electricity, or

       (b) the making, constructing or extending of a sewage farm, cemetery, burial ground, crematorium, 
            destructor, or hospital for infectious diseases,

there shall be inserted a clause defining the lands in or upon which such works, generating station, farm, cemetery, burial ground, crematorium, destructor or hospital are intended to be made, constructed or extended.

146  [Repealed 31st October 1990]