United Kingdom House of Lords Decisions

Subject_Private Legislation Procedure — Provisional Orders — Amending General Order No. 148 — Fees Payable by Promoters, Opponents, and other Petitioners. Headnote:

The following Amending General Order (dated March 20, 1902) under the Procedure Act has been laid before Parliament and is now in force:—

“Leave out General Order 148, and insert in lieu thereof the following—

Fees Payable by Promoters, Opponents, and Other Petitioners.

148. The following scale of fees, fixed with consent of the Treasury, shall be a General Order—

Scale of Fees under the Private Legislation Procedure (Scotland) Act 1899.

(1) Fees payable by promoters of a Provisional Order—

On application	£25
On issue of modified draft Provisional Order	£25
On signature of Provisional Order	£25

[The above fees to be increased by one-third when the capital or money to be raised exceeds £100,000 and does not exceed £250,000, and to be doubled when the capital or money to be raised exceeds £250,000, or is not defined in amount. The fee payable on application to be returned to promoters if it is decided that the proposed Provisional Order can only proceed as a bill.]

For every day on which the Examiner shall inquire into compliance with General Orders	£3
For the first day on which the promoters appear at a local inquiry before Commissioners	£10
For each subsequent day	£5

The promoters in addition to provide at their own expense suitable accommodation for the inquiry in the place determined by the Commissioners, and also to provide verbatim shorthand notes of evidence and transcript, under arrangements to be approved by the Commissioners or the person appointed to act as Clerk to the Commissioners, the transcript to be handed in daily to the Commissioners; and the shorthand writer's fee and the cost of transcription in respect of any day to be divided between the promoters, who shall pay one-half, and the petitioners appearing on such day, who shall jointly pay the other half in equal shares. Any dispute as to the amount payable by any party for shorthand writer's fee or transcript to be referred to the person appointed to act as Clerk to the Commissioners.

(2) Fees payable by opponents and other petitioners—

On deposit of memorial complaining of non-compliance with General Orders,	£1
For every day on which the Examiner shall inquire into such memorial	£3
On deposit of petition praying to be heard against a proposed Provisional Order	£2
On deposit of petition in favour of or against a proposed Provisional Order not praying to be heard	£1
On deposit of petition in favour of a proposed Provisional Order, and praying to be heard against alteration therein	£2
For the first day on which an opponent or other petitioner appears at a local inquiry before Commissioners	£8
For each subsequent day	£4

[The fees payable on deposit of petitions to be returned to petitioners if it is decided that the proposed Provisional Order can only proceed as a bill.]

(3) General—

For each witness to whom an oath or affirmation is administered at a local inquiry before Commissioners, payable by the promoters, opponents, or other party calling such witness	10s.
For each order for the attendance of witnesses or for the production of books, papers, plans, or documents, payable by the applicants for such order”	10s.