PROVISIONAL ORDER is an order granted under the powers conferred by an act of parliament, by a department of the government, by the secretary of state, or by sonic other authority, whereby certain things are authorized to be done, which could be accom plished otherwise only by an act of parliament. The order does not receive effect, how ever, until it has been confirmed by the legislature. Till that time, it is purely provi sional; and even after it has been so confirmed, and is in reality an independent act, it retains the title of a provisional order.
Provisional orders have been in operation in England for many years, and have been found most useful in facilitating the modification or extension of the provisions of general acts, so as to adapt them to the special necessities of particular districts. A general statute, dealing with an extensive subject like police or sanitary improvement, could only embrace provisions suited to the requirements of the country generally, and could not be so framed as to meet exceptional circumstances. When these had to be provided for, private legislation was necessary; but the cost and delay attendant upon the pro motion of local acts in the usual way were so great as in ninny- cases to be practically prohibitory. What was needed, therefore, was a ready and inexpensive mode of obtain ing local legislation, and the system of provisional orders was devised to meet that want. The general act embodied legislation generally applicable, and gave power to some board or officer to issue provisional orders, whereby the general act might be better applied to special districts or under peculiar circumstances. Such powers were by the public health act, 1848 (11 and 12 Viol. c. 63). conferred on the general board of health thereby con stituted, but were by the local government act, 1858 (21 and 22 Vict. c. 98), transferred to the secretary of state. The turnpike trusts act, 1851 (14 and 15 Vict. c. 3S), empow ered the same functionary to grant orders in reference to the objects of that act ; while the piers and harbors act, 1861 (24 and 25 Vict. c. 45), authorized the board of trade, with the sanction, in certain cases, of the admiralty and commissioners of woods and forests, to issue provisional orders dealing with a variety of important matters connected with the construction of piers and harbors, and the levying of dues and rates. The lands drainage act, 1861 (24 and 25 Vict. c. 133), gave power to the inclosure commis sioners to issue orders for the purposes specified in that act; and the merchant shipping amendment act, 1S62, gave, relatively to its objects, corresponding powers to the board of trade.
All these acts were in full and beneficial operation in England when the general police and improvement (Scotland) act, 1862 (25 and 26 Vict. c. 101), was passed, and it con ferred extensive powers on the secretary of state in relation to the granting of provil sional orders for police and sanitary purposes. Subsequently, the Irish drainage and improvement of lands acts of 1863 and 1864 (26 and 27 Viet. c. 88, and 27 and 28 Vict.
c. 72) enabled the commissioners of public works, and the oyster and mussel fisheries act, 1866 (29 and 30 Vict. c. 85), enabled the board of trade to issue orders in relation to the subjects of these acts respectively.
Nothing can be more diversified than the objects to be attained by provisional orders under the several acts above alluded to, and yet the course of procedure in relation' to them all is substantially the same. A petition to the proper authority, specifying what is wanted, and supported by such evidence as can accompany the application, is made the subject of inquiry by a qualified person commissioned for the purpose. After due inquiry has been made, and the result has been reported to the authority to which the application is addressed, the petition is disposed of, either by giving or refusing what is asked, or by giving it in a modified form. When a provisional order is granted, steps are taken on behalf of the government to have it confirmed by parlifiment. In the case of orders issued under the general police and improvement (Scotland) act, for example, the requisite confirmation bill is framed, under instructions from the secretary of state, by the lord advocate, who takes charge of the measure through its various stages. When unopposed in parliament, ten days or a fortnight usually suffice for the passing of the requisite confirmatory act, which has all the facilities of a government measure. Of course, the whole expense connected with the preparation and passing of the order, and the relative confirmation act, is defrayed by the applicants; but the advantages of provisional orders, compared with ordinary private bills, are nevertheless considerable. A provisional order may be got with greater expedition and at much less cost than a private bill. It is exempted from the tedious and costly formalities of coin plying with standing orders and making deposits, with all the formidable fees of the house, and other incidental charges. When opposition is offered, the opponents are fully heard by the commissioner appointed to make the requisite inquiries; and the grounds of opposition are deliberately weighed, first by him, and afterwards by the superior authority to whom he makes his report. The opponents have thus the satisfac tion of knowing that their case has been considered, with probably the same result as if it had been submitted at much cost to a parliamentary committee. There is, therefore, little inducement in ordinary circumstances to appeal directly to the legislature; and, as a consequence probably, an opposition to a provisional order in parliament is exceed ingly rare. No doubt, if an opposition on feasible grounds were offered to a provisional order in parliament, the whole subject would be referred to a select committee, who would probably proceed as in the case of an of private bill; but that, as has been observed, is of so rare occurrence, that it does not detract from what has been said in regard to the advantages of the system as a rule.