PROVISIONAL ORDER, in Great Britain, a direction by a Government department sanctioning (usually at the instance of a local authority or public undertaking) some project otherwise unattainable without private bill legislation, e.g., the compulsory taking of land or the building of a tramway. Originally the order is "provisional" because subject to parliamentary veto. The ob jects depend upon the enabling statute.
The procedure generally involves : (r) preliminary local en quiry and report by a departmental inspector; (2) departmental decision as to the framing of the order; and (3) inclusion of the order (singly or grouped with others) in a provisional order con formation bill introduced into parliament by the minister con cerned. Such bills, if opposed, are referred to a select committee; they also go before examiners who see that the contents comply with standing orders. An early instance is the Inclosures Act of 1845 whereby commissioners could provisionally order the en closure and regulation of commons. In 1853 the Charity Com missioners were authorized to give provisional approval to new schemes for the application and management of charities Grad ually the system was extended to the varied purposes of local government (especially the alteration of areas), public health, gas, water and electricity supply, acquisition of school and hous ing sites, formation of pilotage and drainage districts, facilities for harbours, docks, railways and other forms of transport, fish ery regulation, validation of marriages, etc. The early enactments have mostly been superseded and the process of devolution has been progressively developed. Two railway acts in 1864 initiated the provisional certificate which embodied schemes for railway construction or working agreements, and, unless the schemes were opposed, required no express parliamentary sanction. A further
delegation of legislative power enabled a local authority to make orders for the acquisition of land (as under section 9 of the Local Government Act, 1894) if not objected to, they had the full force of a statute; if objected to. they could be confirmed not by parliament but by the department concerned Later a "special order" procedure was evolved whereby a draft of the proposed order is published and (on objection) a local enquiry is held but a confirmatory act of parliament is not required. The National Health Insurance Act of 1928 even authorizes a "provisional special order." Under this variant (invented in 1912 to accelerate the action of special orders under the 1911 Act) the appropriate Minister, instead of waiting for criticisms of his draft orders, can bring them into force forthwith provided that he certifies the expediency of such action. Some special orders, such as those which decide the application of unemployment insurance or trade boards legislation to particular trades, take effect forthwith, sub ject to annulment on adverse resolution by either house of parlia ment within a time limit ; others, e.g., those under the Electricity (Supply) Act of 1919 or the Gas Regulation Act of 192o, require the affirmative resolution of both houses. Special orders are often allowed to do all that a provisional order could formerly do. Scotland has her own machinery under the Private Legislation (Procedure) Scotland Act, 1899, operated through the Scottish Office, with special panels of commissioners for holding enquiries. Northern Ireland follows the Westminster model.
See Clifford, Private Bill Legislation, II., c. 18. (C. T. C.)