United Kingdom House of Lords Decisions

Subject_Provisional Order — Private Legislation Procedure — Locus standi — Injury — Burgh Promoting Order with Provisions Differing from Burgh Police (Scotland) Act 1903 — Opposition of Railway Company Owning Property and Paying Rates. Headnote:

This Order was promoted by the Corporation of Govan, its objects being (1) to give power to the Corporation, instead of raising money by the creation of stocks, or instead of borrowing money by way of temporary loan or overdraft from any bank, or a temporary loan or deposit-receipt, for the purposes mentioned in section 49 of the Police Act of 1903, to raise money for those purposes by means of bills; (2) to make provision for the repayment of the money borrowed for the construction of the town hall and municipal buildings being spread over 60 years instead of 33 1 4 years under the Burgh Police Act 1892, and to extend the time for repayment of money borrowed for the construction of the Govan burgh tramways; (3) to provide for Govan certain clauses differing from and amending the General Police Act of 1892 in various minor matters, such as the interpretation of the word “street” in betting and bookmaking prosecutions, the prohibition of the creation, by alteration of existing tenements, of tenements of more than twelve dwelling-houses entering by one stair, the relative duties of the burgh surveyor and sanitary inspector in the matter of the testing of house drains; (3) to effect certain alterations in the constitution and powers of the Dean of Guild Court.

The Order was opposed by the Branch Committee of Prince's Dock and the Glasgow and Paisley Joint Line Committee on the general ground that it was inexpedient to overturn and set aside the provisions of the General Police Act of 1903, which was a public statute enacting a uniform code of municipal law for all the burghs of Scotland including Govan, with five exceptions.

The promoters objected to the locus standi of the objectors, arguing that they could point to no injury which they would suffer under the proposed Order, and that their opposition was dictated by the general policy of the railway companies to oppose every bill promoted by any burgh other than the five excepted burghs which might have as its purpose the modification of the law as laid down by the Burgh Police (Scotland) Act 1903.

The objectors argued that the fact that they were owners of property and ratepayers within the burgh, and alleged that

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the Order prejudicially affected their interests as such, was sufficient to entitle them to a general locus standi.

The Commissioners allowed a locus, and after evidence found the preamble proved.