Statutory Orders (Special Procedure) Act 1945
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Change 1
3 Petitions.
(1) If, within the period of twenty-one days beginning with the day on which an order to which this Act applies is laid before Parliament, or, if the order is so laid on different days, with the later of the two days, a petition is duly presented against the order, the petition shall stand referred for examination to the Lord Chairman of Committees and the Chairman of Ways and Means (hereinafter together referred to as “the Chairmen”). (2) The following provisions shall have effect with respect to petitions against an order to which this Act applies:— (a) a petition praying for particular amendments to be made in the order shall specify the amendments asked for, and shall be known as a petition for amendment; (b) a prayer against the order generally shall not be included in a petition for amendment, but may be contained in a separate petition which shall be known as a petition of general objection. (3) As soon as practicable after the expiration of the said period of twenty-one days, the Chairmen shall take into consideration all petitions referred to them under this section, and if the Chairmen are satisfied with respect to any such petition that the provisions of this Act and of Standing Orders have been complied with in respect thereof . . . , they shall certify that the petition is proper to be received and is a petition for amendment or a petition of general objection as the case may be. (4) Where in the opinion of the Chairmen a petition presented as a petition for amendment involves amendments of the order which would constitute a negative of the main purpose of the order, they shall if they certify that the petition is proper to be received, certify it as a petition of general objection provided that if the petitioner satisfies the Chairmen that some only of the amendments involved would constitute a negative of the main purpose of the order, the Chairmen may direct the deletion of so much of the petition as requires such amendments and certify the remainder thereof as a petition for amendment. (4A) The Chairmen shall not certify that a petition is proper to be received if the order to which it relates is made under section 1 or 3 of the Transport and Works Act 1992 and either— (a) the petition is a petition of general objection and the order relates to proposals which have been approved by each House of Parliament in accordance with section 9 of that Act, or (b) the petition is a petition for amendment and any of the amendments asked for would in the opinion of the Chairmen be inconsistent with such proposals. (5) In respect of every order to which this Act applies, the Chairmen shall report whether any petitions have been presented against it, and if so what petitions, if any, have been certified as proper to be received and as petitions for amendment and petitions of general objection respectively; and subject to Standing Orders, every such report shall be laid before both Houses of Parliament.
3 Petitions.
(1) If, within the period of twenty-one days beginning with the day on which an order to which this Act applies is laid before Parliament, or, if the order is so laid on different days, with the later of the two days, a petition is duly presented against the order, the petition shall stand referred for examination to the Lord Chairman of Committees and the Chairman of Ways and Means (hereinafter together referred to as “the Chairmen”). (2) The following provisions shall have effect with respect to petitions against an order to which this Act applies:— (a) a petition praying for particular amendments to be made in the order shall specify the amendments asked for, and shall be known as a petition for amendment; (b) a prayer against the order generally shall not be included in a petition for amendment, but may be contained in a separate petition which shall be known as a petition of general objection. (3) As soon as practicable after the expiration of the said period of twenty-one days, the Chairmen shall take into consideration all petitions referred to them under this section, and if the Chairmen are satisfied with respect to any such petition that the provisions of this Act and of Standing Orders have been complied with in respect thereof . . . , they shall certify that the petition is proper to be received and is a petition for amendment or a petition of general objection as the case may be. (4) Where in the opinion of the Chairmen a petition presented as a petition for amendment involves amendments of the order which would constitute a negative of the main purpose of the order, they shall if they certify that the petition is proper to be received, certify it as a petition of general objection provided that if the petitioner satisfies the Chairmen that some only of the amendments involved would constitute a negative of the main purpose of the order, the Chairmen may direct the deletion of so much of the petition as requires such amendments and certify the remainder thereof as a petition for amendment. (4A) The Chairmen shall not certify that a petition is proper to be received if the order to which it relates is made under section 1 or 3 of the Transport and Works Act 1992 and either— (a) the petition is a petition of general objection and the order relates to proposals which have been approved by each House of Parliament in accordance with section 9 of that Act, or (b) the petition is a petition for amendment and any of the amendments asked for would in the opinion of the Chairmen be inconsistent with such proposals. (5) In respect of every order to which this Act applies, the Chairmen shall report whether any petitions have been presented against it, and if so what petitions, if any, have been certified as proper to be received and as petitions for amendment and petitions of general objection respectively; and subject to Standing Orders, every such report shall be laid before both Houses of Parliament.
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