Provisional Order
Encyclopedia
Provisional Order is a method of procedure followed by several government departments in England, authorizing action on the part of local authorities under various acts of Parliament
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Procedure by provisional order is a substitute for the more expensive course of private bill
legislation; it is usually employed for such purposes as alteration of areas, compulsory purchase of land and building of light railways. A preliminary local inquiry is first held in public by an inspector of the department to whom application has been made to issue it. Upon the report of the inspector and other information, the department decides whether or not to issue the order. The order when issued has no force until it is confirmed by parliament. For this purpose it is included with other orders in a confirming bill, introduced by the minister at the head of the department concerned.
In both houses of parliament all provisional order bills are referred to examiners for compliance with standing orders. In the House of Lords
, if a provisional order bill is opposed, it is referred to a select committee and then to a committee of the whole house; if not opposed, it goes, after second reading, to a committee of the whole house, and in both cases then proceeds as a public bill. In the House of Commons
, the bill goes after second reading to the committee of selection or to the general committee on railway and canal bills; if unopposed it is treated as an unopposed private bill; if opposed it goes to a private bill committee, which hears evidence for and against.
A provisional order bill can not be passed without the consent of the House of Lords under the Parliament Acts 1911 and 1949
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Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
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Procedure by provisional order is a substitute for the more expensive course of private bill
Local and Personal Acts of Parliament in the United Kingdom
Local and Personal Acts of Parliament are laws in the United Kingdom which apply to a particular individual or group of individuals, or corporate entity. This contrasts with a Public General Act of Parliament which applies to the entire community...
legislation; it is usually employed for such purposes as alteration of areas, compulsory purchase of land and building of light railways. A preliminary local inquiry is first held in public by an inspector of the department to whom application has been made to issue it. Upon the report of the inspector and other information, the department decides whether or not to issue the order. The order when issued has no force until it is confirmed by parliament. For this purpose it is included with other orders in a confirming bill, introduced by the minister at the head of the department concerned.
In both houses of parliament all provisional order bills are referred to examiners for compliance with standing orders. In the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
, if a provisional order bill is opposed, it is referred to a select committee and then to a committee of the whole house; if not opposed, it goes, after second reading, to a committee of the whole house, and in both cases then proceeds as a public bill. In the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
, the bill goes after second reading to the committee of selection or to the general committee on railway and canal bills; if unopposed it is treated as an unopposed private bill; if opposed it goes to a private bill committee, which hears evidence for and against.
A provisional order bill can not be passed without the consent of the House of Lords under the Parliament Acts 1911 and 1949
Parliament Acts 1911 and 1949
The Parliament Acts 1911 and 1949 are two Acts of the Parliament of the United Kingdom, which form part of the constitution of the United Kingdom. Section 2 of the Parliament Act 1949 provides that that Act and the Parliament Act 1911 are to be construed as one.The Parliament Act 1911 The...
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