Private legislation affecting ‘Scotland and elsewhere’

42.20Under s 1(4) of the 1936 Act, promoters may make a representation to the Secretary of State that they:

‘desire to obtain parliamentary powers to be operative in Scotland and elsewhere, and that it is expedient that such powers should be conferred by one enactment by reason of the fact that it is necessary to provide for the uniform regulation of the affairs of an undertaking or institution carried on or operating in Scotland and elsewhere.’

The Secretary of State and the Chairmen then consider the representation and, if of the opinion that the powers (or some of them) would more properly be obtained by promoting a private bill than by duplicate English and Scottish private legislation procedures, they cause their decision to be published in the London and Edinburgh Gazettes, and they report it to Parliament. Standing orders ensure that the representation under s 1(4) is submitted to the Secretary of State in good time before the deposit of the bill.1 This provision is unaffected by the Transport and Works Act 1992.

Footnotes

  1. 1. Standing Order 231 (HC), Standing Order 193 (HL). For cases when this provision has been set aside as to time, see CJ (1968–69) 33; ibid (1971–72) 101. In the case of the United Reformed Church Bill 1980, no such representation having been submitted before the deposit of the Bill, the promoters subsequently made their representation in respect of a petition for additional provision.