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The Private Legislation Procedure (Scotland) General Order 1992

S.I. 1992/1206 · Made 20 May 1992

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

PRIVATE LEGISLATION PROCEDURE, SCOTLAND

Made 20th May 1992

Laid before Parliament 3rd June 1992

Coming into force 24th June 1992

The Chairman of Committees of the House of Lords and the Chairman of Ways and Means in the House of Commons, acting jointly with the Secretary of State and with the consent of the Treasury, in exercise of the powers conferred on them by sections 6(6)(b) and 15 of the Private Legislation Procedure (Scotland) Act 1936(f1), hereby make the following Order:

Annotations to the whole text

Footnotes

f1

1936 c. 52.

Contents

  1. 1Citation and commencement
  2. 2Amendment of General Orders
  3. 3General Order 1
  4. 4General Order 2
  5. 5General Order 4
  6. 6General Order 4A
  7. 7General Order 7
  8. 8General Order 10
  9. 9General Order 11
  10. 10General Order 12
  11. 11General Order 14
  12. 12General Order 25
  13. 13General Order 26
  14. 14General Order 27
  15. 15General Order 27A
  16. 16General Order 29
  17. 17General Order 30
  18. 18General Order 31
  19. 19General Order 32
  20. 20General Order 33
  21. 21General Order 34
  22. 22General Order 35
  23. 23General Order 37
  24. 24General Order 38
  25. 25General Order 39
  26. 26General Order 40
  27. 27General Order 41
  28. 28General Order 43
  29. 29General Order 44
  30. 30General Order 49
  31. 31General Order 56
  32. 32General Order 57
  33. 33General Order 58
  34. 34General Order 59
  35. 35General Order 61
  36. 36General Order 62
  37. 37General Order 65
  38. 38General Order 66
  39. 39General Order 67
  40. 40General Order 68
  41. 41General Order 69
  42. 42General Order 70
  43. 43General Order 73
  44. 44General Order 74
  45. 45General Order 75
  46. 46General Order 76
  47. 47General Order 77
  48. 48General Order 78
  49. 49General Order 78A
  50. 50General Order 78B
  51. 51General Order 79
  52. 52General Order 91
  53. 53General Order 93
  54. 54General Order 95
  55. 55General Order 96
  56. 56General Order 97
  57. 57General Order 98
  58. 58General Order 99
  59. 59General Order 104
  60. 60General Order 106
  61. 61General Order 107
  62. 62General Order 108
  63. 63General Order 115
  64. 64General Order 117
  65. 65General Order 119
  66. 66General Order 121
  67. 67General Order 122
  68. 68General Order 123
  69. 69General Order 124
  70. Signature
  71. Explanatory note

1Citation and commencement

This Order may be cited as the Private Legislation Procedure (Scotland) General Order 1992 and shall come into force on 24th June 1992, but the amendments made by this Order shall not apply in respect of Provisional Orders deposited before that date.

2Amendment of General Orders

The Private Legislation Procedure (Scotland) General Orders 1946(f1) shall be amended in accordance with the following provisions of this Order and, in this Order, any reference to a numbered General Order is a reference to the General Order bearing that number in that instrument.

3General Order 1

In General Order 1—

(a)

the definition of “District Fishery Board” shall be deleted;

(b)

in the definition of “provisional order”, for the words “provisional order” there shall be substituted the words “Provisional Order”;

(c)

after that definition there shall be inserted the following definitions:—

  • ““registered post”shall include the recorded delivery service;

  • “River Purification Authority” means a River Purification Board established under section 135 of the Local Government (Scotland) Act 1973(f1) or an islands council;

  • “road” shall have the meaning assigned to it by section 107(1) of the New Roads and Street Works Act 1991(f2”; and

(d)

in the definition of “tramroad”, the words “street or” shall be deleted in each place where they appear.

4General Order 2

In General Order 2—

(a)

for the word “Draft” in each of the three places where it appears, there shall be substituted the word “Provisional”; and

(b)

before the word “Orders” there shall be inserted the word “General”.

5General Order 4

In General Order 4—

(a)

in paragraph (2), for the words “or after” there shall be substituted the words “and after”;

(b)

in paragraph (4)—

(i)

for the word “petitions”, there shall be substituted the word “Petitions”; and

(ii)

after the word “London,” there shall be inserted the words “in the Office of the Clerk of the Parliaments, House of Lords, and in the Private Bill Office of the House of Commons,”; and

(c)

at the end there shall be inserted the following paragraph:—

“(5)

The notice shall also state that information regarding the deposit of such Petitions against Provisional Orders may be obtained from any of those offices or from the agents for the Promoters.”.

6General Order 4A

In General Order 4A—

(a)

in paragraph (1)—

(i)

before the word “available” there shall be inserted the word “separately”;

(ii)

for the words “the Provisional Order” where they appear for the first time, there shall be substituted the following words:—

“—

(i)

the Provisional Order;

(ii)

any environmental statement relating to the Provisional Order required in terms of General Order 27A; and

(iii)

the summary in non-technical language included within any such statement;”; and

(iii)

in sub-paragraph (c), for the words “a former act” there shall be substituted the words “an Act of Parliament”;

(b)

in paragraph (3)—

(i)

for the words “this Order” there shall be substituted the words “this General Order”;

(ii)

after the word “district” where it appears for the first time there shall be inserted the words “copies of any statement and summary required in terms of sub-paragraphs (ii) and (iii) of that paragraph together with”; and

(iii)

for the words “a former Act”, there shall be substituted the words “an Act of Parliament”; and

(c)

in each of paragraphs (4) and (5), for the words “this Order” there shall be substituted the words “this General Order”.

7General Order 7

In General Order 7, after the word “specify” there shall be inserted the words “by reference to the deposited plans”.

8General Order 10

In General Order 10, for the words “this Order” in each of paragraphs (3), (4) and (5) there shall be substituted the words “this General Order”.

9General Order 11

(1)

In General Order 11—

(a)

for paragraph (b), there shall be substituted the following paragraph:—

“(b)

the time within which Petitions against the Provisional Order may be deposited at the Scottish Office, London, in the Office of the Clerk of the Parliaments, House of Lords, and in the Private Bill Office of the House of Commons, and the fact that information regarding the deposit of such Petitions may be obtained from any of those offices or from the agents for the Promoters;”; and

(b)

in paragraph (c), the words “mentioned in the full notice” shall be deleted.

10General Order 12

In General Order 12—

(a)

in paragraph (1), the words “street or” shall be deleted in each place where they appear; and

(b)

in paragraph (2)—

(i)

before the word “Order”, there shall be inserted the word “General”; and

(ii)

the words “street or” shall be deleted in both places where they appear.

11General Order 14

In General Order 14, the words “street or” shall be deleted.

12General Order 25

In General Order 25—

(a)

before the word “In”, there shall be inserted “(1)”;

(b)

the words “street or” shall be deleted in both places where they appear; and

(c)

before the word “Terms”, there shall be inserted “(2)”.

13General Order 26

In General Order 26(3)—

(a)

for the word “office”, there shall be substituted the word “Office”; and

(b)

after the word “Parliaments”, there shall be inserted the words “, House of Lords,”.

14General Order 27

In General Order 27—

(a)

in the proviso to paragraph (1)—

(i)

for the words “a former Act”, there shall be substituted the words “an Act of Parliament”; and

(ii)

for the words “the former Act”, there shall be substituted the words “the Act of Parliament”; and

(b)

in paragraph (5)—

(i)

after the word “Parliaments”, there shall be inserted the words “House of Lords,”; and

(ii)

for the words from “in the Scottish” to the end of the paragraph, there shall be substituted the words “at the Scottish Office, London, at the Office of the Secretary of State for Scotland, St. Andrew’s House, Edinburgh and at the Office of the Health and Safety Executive, Edinburgh.”.

15General Order 27A

After General Order 27, there shall be inserted the following General Order:—

“Deposit of environmental statement

27A
(1)

Where a Provisional Order authorises the carrying out of works the nature and extent of which are specified in the Provisional Order in, on, over or under land so specified, there shall be deposited on or before the twenty-seventh day of March or the twenty-seventh day of November, as the case may be—

(a)

three copies of the document or documents specified in paragraph (2) below at each of—

(i)

the Scottish Office, London; and

(ii)

the Office of the Secretary of State for Scotland, St Andrew’s House, Edinburgh; and

(b)

one copy of that document or those documents—

(i)

in the Office of the Clerk of the Parliaments, House of Lords;

(ii)

in the Private Bill Office of the House of Commons; and

(iii)

at each of the places at which copies of the Provisional Order require to be deposited in terms of General Order 39.

(2)

The document or documents required to be deposited are—

(a)

an environmental statement containing, in relation to the works authorised by the Provisional Order—

(i)

all of the information set out in sub-paragraphs (a) to (d) of paragraph 2 of Schedule 3 to the Environmental Assessment (Scotland) Regulations(f1);

(ii)

all of the further information set out in sub-paragraphs (a) to (g) of paragraph 3 of that Schedule; and

(iii)

a summary in non-technical language of the information contained in the statement; or

(b)

an environmental statement containing, in relation to the works authorised by the Provisional Order—

(i)

such of the information set out in sub-paragraphs (a) to (d) of paragraph 2 of that Schedule as may be specified in a written direction given by the Secretary of State;

(ii)

such of the further information set out in sub-paragraphs (a) to (g) of paragraph 3 of that Schedule as may be so specified; and

(iii)

a summary in non-technical language of the information contained in the statement;

together with that written direction; or

(c)

a written direction given by the Secretary of State that no environmental statement is necessary in relation to the works authorised by the Provisional Order.

(3)

Where any such works authorised by a Provisional Order relate to two or more distinct projects, each project may be treated separately for the purposes of paragraphs (1) and (2) above and references in those paragraphs to the works authorised by the Provisional Order shall accordingly be construed in such a case as references to the works comprised in each project.

(4)

Any direction given by the Secretary of State for the purposes of sub-paragraph (b) or sub-paragraph (c) of paragraph (2) above shall include a statement of his reasons for giving the direction.

(5)

In this General Order, “works” does not include works for which planning permission (within the meaning of section 275(1) of the Town and Country Planning (Scotland) Act 1972(f2) has been granted.”.

16General Order 29

In General Order 29—

(a)

for the words “the Environment”, there shall be substituted the word “Transport”; and

(b)

for the words “Parliaments and”, there shall be substituted the words “Parliaments, House of Lords, in”.

17General Order 30

In General Order 30, after the word “Trade” there shall be inserted the words “and Industry”.

18General Order 31

In General Order 31(1)—

(a)

after the word “London,” there shall be inserted the words “in the Office of the Clerk of the Parliaments, House of Lords, and in the Private Bill Office of the House of Commons,”; and

(b)

for the word “lake”, there shall be substituted the word “loch”.

19General Order 32

In General Order 32—

(a)

for the word “Trade”, there shall be substituted the word “Transport”; and

(b)

for the words “New St. Andrew’s House, Edinburgh EH1 3SX”, there shall be substituted the words “St. Andrew’s House, Edinburgh”.

20General Order 33

In General Order 33—

(a)

for the words “District Fishery Board or River Board”, there shall be substituted the words “of the following bodies”; and

(b)

after the word “estuary” where it appears for the third time there shall be inserted the following paragraphs:—

“—

(a)

a District Salmon Fishery Board;

(b)

a River Purification Authority;

(c)

the River Tweed Council”.

21General Order 34

In General Order 34(1)—

(a)

for the words “River Board or a Board of Conservators or Public Trustees constituted for the conservancy of the river”, there shall be substituted the words “District Salmon Fishery Board, a River Purification Authority or the River Tweed Council”; and

(b)

for the words “or Trustees, or each of those Boards”, there shall be substituted the words “, Authority or Council”.

22General Order 35

In General Order 35—

(a)

for the words “water way”, there shall be substituted the word “waterway”; and

(b)

for the words “the Environment”, there shall be substituted the word “Transport”.

23General Order 37

In General Order 37, for the words from “London” to the end there shall be substituted the words “London, at the Office of the Secretary of State for Scotland, St. Andrew’s House, Edinburgh, and at the Department of the Environment.”.

24General Order 38

In General Order 38—

(a)

before the words “A printed”, there shall be inserted “(1)”;

(b)

the word “draft” shall be deleted; and

(c)

after the word “Parliaments” there shall be inserted the words “, House of Lords,”; and

(d)

at the end there shall be inserted the following paragraph:—

“(2)

There shall be attached to every copy of a Provisional Order—

(a)

deposited, delivered or sent under any General Order; or

(b)

made available for inspection and sale under General Order 4A;

a printed memorandum describing the Provisional Order generally and every clause and Schedule in the Provisional Order, but it shall not be necessary to describe separately in the memorandum related provisions of the Order.”.

25General Order 39

In General Order 39—

(a)

in paragraph (1)—

(i)

after the word “Trade” there shall be inserted the words “and Industry”;

(ii)

for the words “Health and”, there shall be substituted the words “Health, the Department of”;

(iii)

the words “the Department of Industry,”, “the Civil Service Department,” and “the Department of Prices and Consumer Protection, the Department of Energy,” shall be deleted; and

(iv)

after the word “Transport,” there shall be inserted the words “the Department of National Heritage,”; and

(b)

in each of paragraphs (5) and (6), the word “draft” shall be deleted.

26General Order 40

In General Order 40—

(a)

the word “draft” shall be deleted; and

(b)

the words “streets or” shall be deleted in each place where they appear.

27General Order 41

In General Order 41—

(a)

for the words “District Fishery Board or River Board”, there shall be substituted the words “of the following bodies”; and

(b)

after the word “estuary” where it appears for the third time there shall be inserted the following paragraphs:—

“—

(a)

a District Salmon Fishery Board;

(b)

a River Purification Authority;

(c)

the River Tweed Council”.

28General Order 43

In General Order 43—

(a)

for paragraph (1), there shall be substituted the following paragraph:—

“(1)

In the case of a Provisional Order in respect of which a plan and section are required to be deposited under General Order 27, there shall be deposited on or before the Fourth day of April or the Fourth day of December, as the case may be, at each of the Scottish Office, London, the Office of the Clerk of the Parliaments, House of Lords, and the Private Bill Office of the House of Commons, two signed copies of an estimate of the expense of carrying out the works shown on the deposited plan and section.”; and

(b)

in paragraph (3)—

(i)

the word “printed”shall be deleted; and

(ii)

for the words “the Environment”there shall be substituted the word “Transport”.

29General Order 44

General Order 44 shall be deleted.

30General Order 49

In each of paragraphs (1), (2) and (4) of General Order 49, the words “street or”shall be deleted in each place where they appear.

31General Order 56

In General Order 56, the word “cross”shall be deleted in each place where it appears.

32General Order 57

In General Order 57(1)(a)(i)—

(a)

after the word “Parliaments,”, there shall be inserted the words “House of Lords,”; and

(b)

for the words “New St Andrew’s House, Edinburgh EH1 3SX”, there shall be substituted the words “St. Andrew’s House, Edinburgh”.

33General Order 58

In General Order 58, before the word “Order”(where it appears for the second time) there shall be inserted the word “General”.

34General Order 59

In General Order 59—

(a)

for “, 1948”in both places where it appears, there shall be substituted “1985”; and

(b)

for the words “this Order”, there shall be substituted the words “this General Order”.

35General Order 61

In General Order 61—

(a)

for the words “this Order”, there shall be substituted the words “this General Order”; and

(b)

in the proviso to paragraph (8), the word “draft”shall be deleted in both places where it appears.

36General Order 62

In General Order 62—

(a)

in paragraph (1)—

(i)

for “, 1948”in both places where it appears, there shall be substituted “1985”;

(ii)

the word “draft”shall be deleted; and

(iii)

for the words “this Order”, there shall be substituted the words “this General Order”;

(b)

in paragraph (2), the word “draft”shall be deleted in both places where it appears; and

(c)

in paragraph (3), the word “draft”shall be deleted in both places where it appears.

37General Order 65

In General Order 65, the word “proposed”shall be deleted.

38General Order 66

In General Order 66, the word “proposed”shall be deleted.

39General Order 67

In General Order 67, the word “draft”shall be deleted.

40General Order 68

In General Order 68—

(a)

in paragraph (1), the word “draft”shall be deleted; and

(b)

in paragraph (2), for the words “preceding Order”there shall be substituted the words “preceding General Order”.

41General Order 69

In General Order 69—

(a)

in paragraph (1), before the word “Order”there shall be inserted the word “General”; and

(b)

in paragraph (2), for the word “office”there shall be substituted the word “Office”.

42General Order 70

In General Order 70, for the words “Company, Society, Association, or Co-partnership,”there shall be substituted the words “company, society, association or partnership”.

43General Order 73

In General Order 73, the word “draft” shall be deleted in each place where it appears.

44General Order 74

In General Order 74—

(a)

in paragraph (1), for the words “such Order”in both places where they appear there shall be substituted the words “the Provisional Order”;

(b)

in paragraph (2), for the word “proposed”there shall be substituted the word “Provisional”; and

(c)

in paragraph (3), the word “proposed”shall be deleted in the first place where it appears.

45General Order 75

In General Order 75—

(a)

in paragraph (1), the word “proposed”shall be deleted;

(b)

in paragraph (2), the word “proposed”shall be deleted; and

(c)

in paragraph (3)(ii), for the words “Company, Society, Association, or Co--Partnership”there shall be substituted the words “company, society, association or -partnership”.

46General Order 76

In General Order 76, the word “proposed”shall be deleted.

47General Order 77

In General Order 77—

(a)

in paragraph (1), after the word “London,” there shall be inserted the words “in the Office of the Clerk of the Parliaments, House of Lords, and in the Private Bill Office of the House of Commons,”; and

(b)

in paragraph (2), before the word “Order” there shall be inserted the word “General”.

48General Order 78

In General Order 78, the word “draft” shall be deleted where it appears in each of paragraphs (1) and (4).

49General Order 78A

In General Order 78A(3)—

(a)

for the words “petitions” there shall be substituted the word “Petitions”; and

(b)

the word “draft” shall be deleted in both places where it appears.

50General Order 78B

After General Order 78A, there shall be inserted the following General Order:—

“Accommodation and shorthand notes

78B
(1)

the Promoters of a Provisional Order shall—

(a)

provide at their own expense suitable accommodation for the inquiry in the place determined by the Commissioners; and

(b)

be responsible for arranging the taking of verbatimshorthand notes of evidence given at the inquiry which shall be transcribed as required, under arrangements to be approved by the Commissioners or the person appointed to act as clerk to the Commissioners.

(2)

The shorthand writer’s fee and the cost of transcription in respect of any day shall, subject to paragraph (3) below, be divided between the Promoters (who shall pay one-half) and the Petitioners appearing on that day (who shall jointly pay the other half in equal shares), and any dispute as to the amount payable under this paragraph shall be referred to the person appointed to act as clerk to the Commissioners.

(3)

The Secretary of State, acting on the recommendation of the Commissioners and with the consent of the Treasury, may—

(a)

reduce by such amount as he thinks fit (having regard to the circumstances of the Petitioner and the nature of his Petition) the amount payable by a Petitioner under paragraph (2) above; and

(b)

direct that an additional amount equal to the amount of that reduction shall fall to be paid by—

(i)

the Promoters;

(ii)

any other Petitioner; or

(iii)

the Promoters and any other Petitioner or Petitioners in such proportions as he thinks fit.”.

51General Order 79

In General Order 79, the word “proposed”shall be deleted.

52General Order 91

In General Order 91—

(a)

in paragraph (2), the word “proposed”shall be deleted; and

(b)

in paragraph (4), for the word “proposed”there shall be substituted the word “Provisional”.

53General Order 93

In General Order 93(1), the word “proposed”shall be deleted.

54General Order 95

In General Order 95, the word “proposed”shall be deleted.

55General Order 96

In General Order 96, the word “proposed”shall be deleted.

56General Order 97

In General Order 97—

(a)

in paragraph (1)—

(i)

for the word “draft”in both places where it appears, there shall be substituted the word “Provisional”;

(ii)

the word “proposed”shall be deleted;

(iii)

after the word “Parliaments”there shall be inserted the words “, House of Lords”; and

(iv)

for the word “office”where it appears for the first time there shall be substituted the word “Office”; and

(b)

in paragraph (2)—

(i)

for the word “proposed”, there shall be substituted the word “Provisional”;

(ii)

for the word “draft”, there shall be substituted the word “Provisional”; and

(iii)

for the words “this Order”, there shall be substituted the words “this General Order”.

57General Order 98

In General Order 98, for the words “Scottish Development Department” there shall be substituted the words “Scottish Office”.

58General Order 99

General Order 99 shall be deleted.

59General Order 104

General Order 104 shall be deleted.

60General Order 106

In each of paragraphs (i) and (iv) of the proviso to General Order 106(1), for the words “the Environment”there shall be substituted the word “Transport”.

61General Order 107

General Order 107 shall be deleted.

62General Order 108

In each of paragraphs (c) and (i) of General Order 108, for the word “sixty” there shall be substituted the word “forty”.

63General Order 115

General Order 115 shall be deleted.

64General Order 117

In General Order 117, the word “proposed” shall be deleted.

65General Order 119

General Order 119 shall be deleted.

66General Order 121

In General Order 121—

(a)

in paragraph (1), for the words “all Orders”there shall be substituted the words “all General Orders”;

(b)

in paragraph (2)—

(i)

the words “Draft Provisional Orders,” shall be deleted; and

(ii)

for the word “foolscap”, there shall be substituted “A4”; and

(c)

in paragraph (3)—

(i)

the word “draft” shall be deleted;

(ii)

for the words “this Order”, there shall be substituted the words “this General Order”;

(iii)

for the word “Rate”, there shall be substituted the word “Revenue”; and

(iv)

the words “under the Local Government (Scotland) Act 1966” shall be deleted.

67General Order 122

In General Order 122—

(a)

the word “draft” shall be deleted;

(b)

for the words “this Order”, there shall be substituted the words “this General Order”;

(c)

for the word “Rate”, there shall be substituted the word “Revenue”; and

(d)

the words “under the Local Government (Scotland) Act 1966” shall be deleted.

68General Order 123

In General Order 123, for paragraphs (1) to (3) there shall be substituted the following paragraphs:—

“

(1)

Fees payable by Promoters of a Provisional Order

On application—

(a)

if the Provisional Order relates to charitable, religious, educational, literary or scientific purposes whereby no private profit or advantage is derived, or if the Provisional Order—

(i)

is promoted by a person other than a local authority; and

(ii)

is one from which the Promoters appear unlikely to derive substantial personal or corporate gain

£1250
(b)

in the case of any Provisional Order not falling within sub-paragraph (a) above

£5000
(2)

Fees payable by opponents and other Petitioners

On deposit of Petition in favour of or against a Provisional Order

£20
(3)

Any fees payable under paragraphs (1) and (2) above shall be returned to the Promoters or Petitioner, as the case may be, if the Provisional Order proceeds as a Private Bill.

”.

69General Order 124

In General Order 124, for the scale of fees set out therein there shall be substituted the following scale:—

“

For every application to the Auditor of the Court of Session for the taxation of an account of expenses£10
£4 per cent upon the amount of the account as sent in for taxation, or added to in taxation
For every certificate signed by the Auditor of the Court of Session£15
For copies of any documents in the office of the Auditor of the Court of Session:
1st copy– per sheet£1
Additional copies£ per sheet£0.40
(When copied by photostatic or similar process, each page shall be charged as one sheet)

”

Signature

Ampthill

Chairman of Committees of the House of Lords

6th May 1992

Michael Morris

Chairman of Ways and Means in the House of Commons

7th May 1992

Ian Lang

One of Her Majesty’s Principal Secretaries of State

12th May 1992

We consent,

Gregory Knight

Irvine Patnick

Two of the Lords Commissioners of Her Majesty’s Treasury

20th May 1992

Explanatory note

(This note is not part of the Order)

This Order amends the General Orders made under section 15 of the Private Legislation Procedure (Scotland) Act 1936, which regulate the procedure for obtaining Parliamentary powers by way of Provisional Order in matters affecting Scotland.

The amendments made by this Order are designed partly to implement certain recommendations of the Joint Committee on Private Bill Procedure (including their recommendations as to the fees payable) and partly to bring the General Orders into line, so far as appropriate, with Standing Orders relating to private business in Parliament.