Provisional Order Confirmation Bills

178 Meaning of “confirming bill” (HC 211)

In the eight following orders a bill to confirm with or without amendment any one or more provisional orders is referred to as a confirming bill: but nothing in those orders shall, except as otherwise expressly provided, apply—
       (a) to provisional orders issued under the Private Legislation Procedure (Scotland) Act 1936 or to bills to 
            confirm such provisional orders, or
       (b) to orders within the meaning of the Statutory Orders (Special Procedure) Act 1945 being orders in relation 
            to which that Act applies, or to bills to confirm such orders.

179 Proof and deposit of plans, etc. (HC 212)

(1) This  order  applies   whenever   plans,   sections,   books of reference or maps are deposited with any public department in relation to—
       (a) any provisional order, or
       (b) any order which becomes provisional at  a time after it was made,
being an order by which it is proposed to authorise the compulsory acquisition of land or of the rights to use land or the construction or alteration of works.

(2) Copies of those documents shall also be deposited in the office of the Clerk of the Parliaments—
       (a) in the case of any such order as is mentioned in paragraph (1)(a), on the same day as the deposit is made 
            with the public department or, if such deposit is made after a prorogation of Parliament and before 20th 
            November in any year, on or before 20th November;
       (b) in the case of any such order as is mentioned in paragraph (1)(b), on or before the date of the 
            introduction into either House of Parliament of a bill for confirming the order.

180 Application of Standing Order 47 to provisional orders (HC 213)

Where a provisional order proposed to be confirmed by a confirming bill contains or revives, or extends the time limited for the exercise of, any power to acquire land in such circumstances that, had it been a private bill, Standing Order 47 (Deposit of statement as to houses and persons on land to be acquired) would have applied, that order shall apply as if the expression “bill” included a provisional order.

181 Examination of confirming bills by Examiners (HC 214)

(1) A confirming bill, after having been read the first time, shall be referred to the Examiners, and the Examiner—
       (a) shall certify whether the two preceding standing orders (if applicable) have or have not been complied 
            with, and
       (b) where 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) The certificate shall be deposited in the office of the Clerk of the Parliaments.

(3) Standing Orders 76, 79, 81 and 87 shall apply in relation to the examination of confirming bills in like manner as to the examination of private bills except that—
       (a) memorials complaining of non-compliance with standing orders shall be deposited before 12 noon on the 
            day first appointed for the examination of a confirming bill together with two copies thereof for the use of 
            the Examiners;
       (b) the Examiner shall be entitled to entertain a memorial against a confirming bill although neither the party (if 
            any) who may be specially affected by non-compliance with standing orders nor his agent has signed it; 
            and
       (c) in the case of a bill which originated in the House of Commons, compliance with such standing orders only 
            as have not been previously inquired into need be proved.

(4) Where in the House of Commons provisions have been inserted in a confirming bill to which the standing orders of this House would apply if the bill were a private bill, the Examiner shall inquire whether in respect of those provisions the standing orders have been complied with, and certify accordingly.

(5) Not less than two clear days’ notice of the day on which a confirming bill will be examined shall be given in the office of the Clerk of the Parliaments by the Examiner; but he shall not give such notice until after the bill has been printed by order of this House.

182 First reading of confirming bills (HC 216)

No confirming bill originating in this House shall be read the first time after 15th May in any year in the course of a session which has begun in a previous  year.

183 Second reading of confirming bills

No confirming bill shall be read a second time  until—
       (a) there is laid on the table a certificate from the Examiner that Standing Orders 179 (Proof and deposit of 
            plans, etc.) and 180 (Application of Standing Order 47 to provisional orders) (if applicable) have been 
            complied with in respect of the bill; or
       (b) there is presented to the House a report from the Standing Orders Committee that the said standing orders 
            (if applicable) have been so complied with; or
       (c) the House, after considering a report from the Standing Orders Committee that the said standing orders 
            ought to be dispensed with in  respect of the bill, agrees that the bill be allowed to proceed.

184 Time for presenting petitions against confirming bills (HC 217)

Petitions against confirming bills shall be presented by being submitted to the office of the Clerk of the Parliaments by the petitioner or his  representative—
       (a) in the case of a bill originating in this House not later than the seventh day after that on which the bill was 
            read the second time;
       (b) in the case of a bill brought from the House of Commons not later than the tenth day after that on which 
            the bill was read the first time.

185 Proceedings in committees on confirming bills (HC 217)

(1) Every confirming bill, before being committed to a Committee of the Whole House, shall—
       (a) as respects any opposed  orders  scheduled thereto, be referred to a select committee of five lords named 
            by the Chairman of Committees in pursuance of Standing Order 95 (Appointment of committees);
       (b) as respects any unopposed orders scheduled thereto,be referred to an unopposed bill committee to be 
            proceeded with in the same manner as an unopposed private bill.

(2) The proceedings of the select committee, or the unopposed bill committee, shall be conducted in like manner as in the case of a private bill; and shall be subject to the provisions of Standing Orders 104 to 145 relating to committees on private bills, so far as they are applicable.

(3) Where some one or more only of the orders to be confirmed by the bill are opposed, the Chairman of Committees may, if he thinks fit, divide the bill into two bills, the one to confirm the opposed orders  and  the other to confirm the unopposed orders and the former shall be dealt with as an opposed bill, and the latter as an unopposed bill.

186 Application of certain standing orders to confirming bills (HC 219)

(1) The following standing orders shall apply in relation to confirming bills in like manner as to private bills, that is to say:—
       (a) Standing Order 75 (Bills brought from House of Commons may be referred to Examiners in respect of 
            amendments made in this House);
       (b) Standing Order 91 (Special circumstances);
       (c) Standing Order 92 (Unopposed bill to be treated as opposed);
       (d) Standing Order 93 (Instructions to committees on bills);
       (e) Standing Order 102 (Supply of copies of petitions); and
       (f) Standing Order 103 (Withdrawal of petitions).