United Kingdom House of Lords Decisions

Subject_Provisional Order — Competency — Confirmation of Agreement between Local Authority and Electrical Company for Supply of Electricity — Private Legislation Procedure (Scotland) Act 1899 (62 and 63 Vict. cap. 47), sec. 16 (2). Headnote:

This Order was promoted by the Clyde Valley Electrical Power Company. Its main purposes were (1) to confer power on the company to make some new arrangements with regard to its capital, and (2) to confirm an agreement entered into with the County Council of Lanarkshire, whereby the company undertook to supply electricity in certain special districts, and to carry out the County Council's obligations under certain Provisional Orders previously obtained by them from the Board of Trade for the supply of electrical power in these districts.

So far as this agreement related to the district of Shettleston and Tollcross, the Order was opposed by the Corporation of Glasgow, on the ground that a proposal was at the moment pending before Parliament for the inclusion of that district within the city, and that in the event of success the Corporation would themselves

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be the natural parties to supply electricity there.

In a report by the Board of Trade which was referred to the Commissioners under General Order 95, the Board intimated that in their opinion the agreement above mentioned was open to objection on the ground that similar agreements had proved unsatisfactory in other cases. The Board further raised the question whether the proposed clause confirming this agreement was excluded from the jurisdiction of the Secretary for Scotland under sec. 16 (2) of the Private Legislation Procedure (Scotland) Act 1899, which provided as follows—“Nothing contained in this Act shall … confer upon the Secretary for Scotland power to make Provisional Orders authorising and regulating the supply of electricity for lighting and other purposes.”

The Chairman intimated that the Commissioners were of opinion that the Order, having been referred to them by the Secretary for Scotland, and passed by the Chairman of Committees of the House of Lords, and the Chairman of Ways and Means of the House of Commons, it was incumbent on them to consider the clause and the agreement upon their merits.

Evidence having been led, the Commissioners expressed the opinion that the agreement scheduled to the Order was for the advantage of the districts concerned, and that the clause confirming the same should be allowed. They accordingly held the preamble proved, subject to the addition to the clause in question of words limiting the grounds upon which the promoters might oppose the annexation of any area to the city of Glasgow.