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. [1]
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. [1]
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. [1]
These are now rare, having been all but superseded by the Statutory Orders (Special Procedure) Act 1945 (9 & 10 Geo. 6. c. 18), but were common from 1860 to 1945. [2]
A provisional order bill cannot be passed without the consent of the House of Lords under the Parliament Acts 1911 and 1949.
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The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest institutions in the world, its origins lie in the early 11th century and the emergence of bicameralism in the 13th century.
The House of Commons is the lower house of the Parliament of the United Kingdom. Like the upper house, the House of Lords, it meets in the Palace of Westminster in London, England. The House of Commons is an elected body consisting of 650 members known as members of Parliament (MPs). MPs are elected to represent constituencies by the first-past-the-post system and hold their seats until Parliament is dissolved.
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster in London. Parliament possesses legislative supremacy and thereby holds ultimate power over all other political bodies in the United Kingdom and the Overseas Territories. While Parliament is bicameral, it has three parts: the sovereign (King-in-Parliament), the House of Lords, and the House of Commons. In theory, power is officially vested in the King-in-Parliament. However, the Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation; thus power is de facto vested in the House of Commons.
An act of parliament, as a form of primary legislation, is a text of law passed by the legislative body of a jurisdiction. In most countries with a parliamentary system of government, acts of parliament begin as a bill, which the legislature votes on. Depending on the structure of government, this text may then be subject to assent or approval from the executive branch.
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A bill is a proposal for a new law, or a proposal to significantly change an existing law. A bill does not become law until it is passed by the legislature and has been, in most cases, approved by the executive. Once a bill has been enacted into law by the legislature, it is called an act of the legislature, or a statute. Bills are introduced in the legislature and are discussed, debated and voted upon.
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The Parliament Act 1911 is an Act of the Parliament of the United Kingdom. It is constitutionally important and partly governs the relationship between the House of Commons and the House of Lords, the two Houses of Parliament. The Parliament Act 1949 provides that the Parliament Act 1911 and the Parliament Act 1949 are to be construed together "as one" in their effects and that the two acts may be cited together as the Parliament Acts 1911 and 1949.
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In the British House of Commons, public bill committees consider Bills – proposed Acts of Parliament. The House of Lords does not have such committees, as Bills are usually considered by the House as a whole.
A committee of the whole is a meeting of a legislative or deliberative assembly using procedural rules that are based on those of a committee, except that in this case the committee includes all members of the assembly. As with other (standing) committees, the activities of a committee of the whole are limited to considering and making recommendations on matters that the assembly has referred to it; it cannot take up other matters or vote directly on the assembly's business. The purpose of a committee of the whole is to relax the usual limits on debate, allowing a more open exchange of views without the urgency of a final vote. Debates in a committee of the whole may be recorded but are often excluded from the assembly's minutes. After debating, the committee submits its conclusions to the assembly and business continues according to the normal rules.
An Act of Parliament in the United Kingdom is primary legislation passed by the UK Parliament in Westminster, London.
Private acts 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 (statute) which applies to the nation-state. Private acts can afford relief from another law; grant a unique benefit or, grant powers not available under the general law; or, relieve someone from legal responsibility for some allegedly wrongful act.
Erskine May is a parliamentary authority originally written by British constitutional theorist and Clerk of the House of Commons, Thomas Erskine May.
The federation of Stoke-on-Trent was the 1910 amalgamation of the six Staffordshire Potteries towns of Burslem, Tunstall, Stoke-upon-Trent, Hanley, Fenton and Longton into the single county borough of Stoke-on-Trent. The federation was one of the largest mergers of local authorities, involving the greatest number of previously separate urban authorities, to take place in England between the nineteenth century and the 1960s. The 1910 federation was the culmination of a process of urban growth and municipal change that started in the early 19th century.
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