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Government of Ireland Act 1920

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This is the original version (as it was originally enacted).

Section 7.

FIRST SCHEDULEProcedure of the Council of Ireland in relation to their Powers of Private Bill Legislation

1Where any public authority or any persons (hereinafter referred to as " the promoters ") desire to obtain an order of the Council of Ireland in regard to any matter with respect to which the Council have power to make an order under section seven of this Act, the promoters may proceed by presenting a petition to the Council praying them to issue an order in accordance with the draft order submitted to them by the promoters, or in accordance with that draft, subject to such modifications as may appear necessary.

2The Council may make standing orders (subject, in the case of orders as to fees, to the consent of the Treasuries of Southern Ireland and Northern Ireland) with respect to the procedure under this schedule and in particular with respect to—

(a)the time and manner in which petitions are to be presented ;

(b)the deposit of plans and books of reference ;

(c)the publication of notices, and, where land is to be taken, the service of notices on owners, lessees, and occupiers;

(d)the deposit of copies of the draft order, whether as originally presented or as proposed to be altered, with the Council of Ireland, and such departments of the Governments of Southern Ireland and Northern Ireland as may be prescribed by the Lord Lieutenant, and in such cases as may be prescribed by the Lord Lieutenant with such departments of the Government of the United Kingdom as may be so prescribed ;

(e)the holding of meetings of the Council for the consideration of petitions .and draft orders ;

(f)the reference of petitions, draft orders, and oppositions to examiners for examination and report whether standing orders have been complied with and otherwise;

(g)the reference of draft orders for consideration by committees of the Council;

(h)oppositions to draft orders ;

(i)fees;

so, however, that the standing orders shall authorise oppositions to a draft order by any persons who, if the petition had been a petition for a Bill presented to the Parliament of the United Kingdom, would have been entitled to appear and oppose the Bill, and shall require the reference of the draft order to a committee of the Council in any case where it is opposed and the opposition has not been withdrawn, and shall require the committee to sit in that part of Ireland in which the promoters reside or have their principal place of business.

(3)The Council shall, after considering any reports received by them from any department with which copies of the draft order have been deposited, and, where the draft order has been referred to a committee of the Council, the report of that committee, determine whether to issue the order as prayed for, or to issue the order with such modifications as may appear to be necessary having regard to such representations and report as aforesaid, or to refuse to issue any order :

Provided that, where a draft order has been referred to a committee of the Council, and that committee has reported that the order should not be made, the Council shall refuse to issue an order.

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