Aberdeen Suburban Tramways Provisional Order [1902] UKHL 873 (29 April 1902)

Aberdeen Suburban Tramways Provisional Order [1902] UKHL 873 (29 April 1902)

The Act vests discretion in the Commissioners to determine the locus of inquiry, and no formal hearing on the place is required unless requested.

Citation
[1902] UKHL 873
Parties
Promoter: Aberdeen Suburban Tramways; Opponent: Opponents of Aberdeen Tramways Provisional Order
Jurisdiction
United Kingdom
Judgment Date
29 April 1902
Procedural Posture
Provisional Order Inquiry / Question and Reply in House of Commons
Outcome
No formal hearing required; discretion lies with Commissioners.
Legal Topics
Locus of Inquiry, Procedural Fairness, Commissioners' Discretion
Administrative Law Legislative Procedure Locus of Inquiry Procedural Fairness Commissioners' Discretion

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Parties

Aberdeen Suburban Tramways

Promoter

Opponents of Aberdeen Tramways Provisional Order

Opponent

Procedural Posture

Provisional Order Inquiry / Question and Reply in House of Commons

Legal Issues

  1. 1 Whether the Commissioners or the Scottish Office decide the locus of inquiry under the Private Legislation Procedure (Scotland) Act 1899
  2. 2 Whether parties are entitled to be heard on the convenience of the place of inquiry

Ratio Decidendi

The Act vests discretion in the Commissioners to determine the locus of inquiry, and no formal hearing on the place is required unless requested.

Court Disposition

No formal hearing required; discretion lies with Commissioners.