of time and expense as compared with the
former system.
With regard to schemes which are opposed, the judicial functions of a
Parliamentary Committee dealing with Private Bills were transferred by
the Act of 1899 to a special tribunal, composed of two Panels, a
Parliamentary Panel and an Extra-Parliamentary Panel, whose members
shall have no local or personal interest in the questions at issue. From
these is formed a Commission of four members.
Mr. A. W. Samuels, K.C., thus describes the constitution of the
Commission:--
"In the first instance it is provided that the members shall be
taken--two from the Lords and two from the Commons. In the event
of that being found impossible, three may be taken from one House
and one from the other. In the next resort all may be from the
same House. Finally--if members cannot be procured to serve--the
extra Parliamentary Panel can be called upon, and the Commission
manned from it.
"The next great reform introduced by the measure is, that the
inquiry is to be held at such place, in Scotland, as may be
convenient. The inquiry is to be localised as far as possible. It
is to be held in public. The Commissioners are to settle questions
of _locus standi_--they can decide upon the preamble before
discussing clauses--and persons having a _locus standi_ can appear
before them in person or by counsel or agent.
"When they have heard the evidence the Commissioners are to report
to the Secretary of Scotland, and they can recommend that the
Provisional Order should be issued as prayed for, or with such
modifications as they may make. If there is no opposition to the
Provisional Order as finally settled by the Commissioners, it is
embodied in a Confirmation Bill by the Secretary of Scotland and
passed through Parliament.
"If there is opposition a petition must be presented to Parliament
against the Order, and then, on the second reading of the
Confirmation Bill, a member can move that the Bill be referred to
a Joint Committee of both Houses of Parliament, and if the motion
is carried in the House a Joint Committee of Lords and Commons
shall sit, at the peril of costs to the opponents, to hear and
take evidence and decide upon the measure in the same way as in
the case of a Private Bill." (Private Bill Procedure, pp. 9 and
10.)
In 1904
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