CHAPTER 9

PUBLIC BILL PROCEDURES

Rule 9.1 General Rules and Special Rules

1. The General Rules set out in Rules 9.2 to 9.13 shall apply in relation to every Bill introduced in the Parliament except a Bill introduced under Rule 9A.1 but, where any of the Special Rules set out in Rules 9.14 to 9.16 and Rules 9.18 to 9.21 (special provision about Members’ Bills, Committee Bills, Budget Bills, Consolidation Bills, Statute Law Repeals Bills, Statute Law Revision Bills and Emergency Bills) applies in relation to the Bill, then the Special Rule shall supersede the General Rules to the extent that they are inconsistent. The procedures relating to—

(a) Private Bills are set out in Chapter 9A; and

(b) Hybrid Bills are set out in Chapter 9C.

Rule 9.2 Form and introduction of Bills

1. A Bill may be introduced by any member on a sitting day. A Bill introduced by a member of the Scottish Executive is referred to as an “Executive Bill”.

2. A Bill shall be introduced by being lodged with the Clerk.

3. A Bill may not be introduced unless it is in proper form. The Presiding Officer shall determine the proper form of Bills and the Clerk shall arrange for the determinations of the Presiding Officer to be notified to the Parliament.

4. A Bill must, before introduction, be signed by the member introducing it and may also be signed by any other member or members who support the Bill.

5. The Clerk shall ensure that notice of the introduction of a Bill in the Parliament is published in the Business Bulletin. Such notice shall set out the short and long titles of the Bill, the name of the member who has introduced it and the name of any member supporting the Bill and shall indicate what type of Bill it is.

6. No Bill, other than a Budget Bill, may be introduced in the Parliament if it contains any provision which would have the effect of authorising sums to be paid out of the Scottish Consolidated Fund (as opposed to a provision which charges expenditure on that Fund).

Rule 9.2A Member in charge

1. The “member in charge” of an Executive Bill is—

(a) the member of the Scottish Executive who introduces the Bill, or who is subsequently appointed by the First Minister to take general responsibility for the subject matter of the Bill; or

(b) a junior Scottish Minister designated by that member.

2. The “member in charge” of a Member’s Bill is—

(a) the member who introduces the Bill; or

(b) another member designated by that member.

3. The “member in charge” of a Committee Bill is—

(a) the convener for the time being of the committee which made the proposal for the Bill (or, where that committee no longer exists, the convener of another committee established with a remit within which the subject matter of the Bill falls); or

(b) a member of the committee designated by the convener.

4. Any designation under paragraphs 1 to 3 shall be made in writing to the Clerk and does not prevent the member referred to in paragraph 1(a), 2(a) or 3(a) from exercising any of the rights that are conferred by these Rules on the member in charge of the Bill.

Rule 9.3 Accompanying documents

1. A Bill shall on introduction be accompanied by a written statement signed by the Presiding Officer which shall—

(a) indicate whether or not in his or her view the provisions of the Bill would be within the legislative competence of the Parliament; and

(b) if in his or her view any of the provisions would not be within legislative competence, indicate which those provisions are and the reasons for that view.

2. A Bill shall on introduction be accompanied by a Financial Memorandum which shall set out the best estimates of the administrative, compliance and other costs to which the provisions of the Bill would give rise, best estimates of the timescales over which such costs would be expected to arise, and an indication of the margins of uncertainty in such estimates. The Financial Memorandum must distinguish separately such costs as would fall upon—

(a) the Scottish Administration;

(b) local authorities; and

(c) other bodies, individuals and businesses.

2A. A Bill shall on introduction be accompanied by Explanatory Notes which summarise objectively what each of the provisions of the Bill does (to the extent that it requires explanation or comment) and give other information necessary or expedient to explain the effect of the Bill.

3. An Executive Bill shall also be accompanied by—

(a) a written statement signed by the member of the Scottish Executive in charge of the Bill which states that in his or her view the provisions of the Bill would be within the legislative competence of the Parliament; and

(b) [deleted]

(c) a Policy Memorandum which sets out—

(i) the policy objectives of the Bill;

(ii) whether alternative ways of meeting those objectives were considered and, if so, why the approach taken in the Bill was adopted;

(iii) the consultation, if any, which was undertaken on those objectives and the ways of meeting them or on the detail of the Bill and a summary of the outcome of that consultation; and

(iv) an assessment of the effects, if any, of the Bill on equal opportunities, human rights, island communities, local government, sustainable development and any other matter which the Scottish Ministers consider relevant.

3A. A Member’s Bill shall, and a Committee Bill may, also be accompanied by a Policy Memorandum, as defined in paragraph 3(c) (but with the reference in paragraph 3(c)(iv) to the Scottish Ministers read as a reference to the member introducing the Bill).

4. A Bill which contains any provision charging expenditure on the Scottish Consolidated Fund shall be accompanied by a report signed by the Auditor General for Scotland (referred to as “an Auditor General’s Report”) setting out his or her views on whether the charge is appropriate.

5. The documents which accompany a Bill under this Rule are referred to as its “accompanying documents”.

Rule 9.4 Printing and publishing of Bills and accompanying documents

1. As soon as a Bill has been introduced the Clerk shall arrange for the Bill, together with its accompanying documents, to be printed and published.

Rule 9.4A Memorandum on delegated powers

1. Immediately after introducing an Executive Bill which contains any provision conferring power to make subordinate legislation, the member in charge shall lodge with the Clerk a memorandum setting out, in relation to each such provision of the Bill—

(a) the person upon whom, or the body upon which, the power is conferred and the form in which the power is to be exercised;

(b) why it is considered appropriate to delegate the power; and

(c) the Parliamentary procedure (if any) to which the exercise of the power is to be subject, and why it was considered appropriate to make it subject to that procedure (or not to make it subject to any such procedure).

Rule 9.5 Stages of Bills

1. The procedure for a Bill introduced in the Parliament shall be—

(a) consideration of the Bill’s general principles and a decision on whether to agree to them (Stage 1);

(b) consideration of the details of the Bill (Stage 2); and

(c) final consideration of the Bill and a decision whether to pass or reject it (Stage 3).

2. A Bill which has been passed by the Parliament may additionally be subject to reconsideration at a further stage in the circumstances described in Rule 9.9 (Reconsideration Stage).

3A. The minimum period that must elapse between the day on which Stage 1 is completed and the day on which Stage 2 starts is 11 sitting days.

3B. The minimum period that must elapse between the day on which Stage 2 is completed and the day on which Stage 3 starts is 9 sitting days.

3C. The minimum period that must elapse between the day on which further Stage 2 proceedings under Rule 9.8.6 are completed and the day on which Stage 3 proceedings resume under that Rule is 4 sitting days (but only if the Bill is amended at those further Stage 2 proceedings).

4. If a Bill falls or is rejected by the Parliament, no further proceedings shall be taken on the Bill and a Bill in the same or similar terms may not be introduced in the same session of the Parliament within the period of 6 months from the date on which the Bill fell or was rejected.

Rule 9.6 Stage 1

1. Once a Bill has been printed, the Parliamentary Bureau shall refer it to the committee within whose remit the subject matter of the Bill falls. That committee (referred to as “the lead committee”) shall consider and report on the general principles of the Bill. Where the subject matter of the Bill falls within the remit of more than one committee the Parliament may, on a motion of the Parliamentary Bureau, designate one of those committees as the lead committee. The other committee or committees (the “secondary committee or committees”) may also consider the general principles of the Bill and report its or their views to the lead committee.

2. Where a Bill contains provisions conferring powers to make subordinate legislation, the Subordinate Legislation Committee shall consider and report to the lead committee on those provisions. The Subordinate Legislation Committee may also consider and report to the lead committee on any provision in such a Bill conferring other delegated powers.

3A. The lead committee shall report to the Parliament in time to allow the report to be published not later than the fifth sitting day before any date allocated in a business programme for the Parliament to consider the general principles of the Bill under paragraph 4. The Parliament shall not consider the general principles of the Bill earlier than the fifth sitting day after the lead committee report is published unless it decides to do so on a motion of any member.

4. Once the lead committee has reported on the Bill, the Parliament shall consider the general principles of the Bill in the light of the lead committee’s report and decide, on a motion of the member in charge of the Bill, whether to agree to those general principles.

5. Any member may by motion propose that the Bill be referred back to the lead committee for a further report on the general principles of the Bill, or any specified part of the Bill, before the Parliament decides whether to agree to them.

6. If the motion is agreed to, consideration of the Bill’s general principles is adjourned to a time to be determined by the Parliamentary Bureau. The Parliamentary Bureau shall refer the Bill back to the lead committee which shall prepare a further report in accordance with the Parliament’s decision.

Rule 9.7 Stage 2

1. If the Parliament has agreed to the Bill’s general principles, the Parliamentary Bureau shall—

(a) refer the Bill back to the lead committee to take Stage 2 of the Bill; or

(b) by motion propose that Stage 2 of the Bill be taken, in whole or in part, by a Committee of the Whole Parliament or a committee or committees other than the lead committee.

2. The Presiding Officer shall be the convener of a Committee of the Whole Parliament and shall chair its proceedings and the provisions of these Rules about committees shall apply with such modifications as are appropriate.

3. At Stage 2, each section and schedule and the long title of the Bill shall be considered separately and the committee shall decide whether to agree to them. The question that a section or schedule or the long title be agreed to shall be put by the convener without the need for any member to move a motion to that effect. Sections or schedules to which no amendments are proposed and which fall to be considered consecutively may be taken and agreed to together.

4. Unless the Parliament has decided, on a motion of the Parliamentary Bureau, the order in which the sections and schedules of the Bill are to be considered at Stage 2, the committee may decide the order. If neither decides, the sections shall be taken in the order in which they arise in the Bill, with each schedule taken immediately after the section which introduces it. The long title shall be taken last.

5. A Bill may be amended at Stage 2. Notice of an amendment may be given by any member after the completion of Stage 1.

6. At Stage 2, amendments to any section or schedule or to the long title shall be disposed of before the committee considers whether to agree to the provision in question. Where no amendments are proposed to a section, a schedule or the long title, the committee shall proceed immediately to decide the question whether that provision be agreed to. If an amendment to leave out a section or schedule is disagreed to, that section or schedule shall be treated as agreed to.

7. In addition to the provisions of Rule 12.2.2 a member who is not a member of a committee taking Stage 2 of a Bill, or part of it, is entitled to participate in the proceedings for the purpose of moving, debating or seeking agreement to withdraw an amendment in his or her name but he or she shall not vote.

8. At the end of Stage 2, the Clerk shall, if the Bill has been amended, arrange for the Bill as amended to be printed and published.

8B. If a Bill is amended at Stage 2 so as to substantially alter any of the costs set out in the Financial Memorandum that accompanied the Bill on introduction, the member in charge shall lodge with the Clerk, not later than the fourth sitting day before the day on which Stage 3 is due to start, a revised or supplementary Financial Memorandum. The revised Financial Memorandum (or supplementary Financial Memorandum, when read in conjunction with the original Financial Memorandum) shall set out, in relation to the amended Bill, the information required under Rule 9.3.2 in relation to the Bill on introduction.

9. If the Bill has been amended at Stage 2 so as to insert or substantially alter provisions conferring powers to make subordinate legislation, the Subordinate Legislation Committee shall consider and report to the Parliament on those provisions. The Committee may also consider and report on any new or substantially altered provisions conferring other delegated powers.

Rule 9.8 Stage 3

1. Stage 3 of a Bill shall be taken at a meeting of the Parliament.

2. At Stage 3, the Parliament shall decide, on a motion of the member in charge of the Bill, whether the Bill be passed.

3. A Bill may be amended at Stage 3. Notice of an amendment may be given by any member after completion of Stage 2.

4. The Presiding Officer may select, as he or she sees fit, those amendments which are to be taken at Stage 3 from amongst the admissible amendments of which notice has been given.

4A. Before Stage 3 begins, the Parliament may, on a motion of the Parliamentary Bureau, agree to one or more time-limits that are to apply to debates on amendments (as they have been grouped by the Presiding Officer). If such a motion is agreed to, debates on those groups of amendments shall be concluded by the time-limits specified in the motion, except to the extent considered necessary by the Presiding Officer—

(a) to enable those members given a right to speak on an amendment by Rule 9.10.13 to do so;

(b) as a consequence of the non-moving of an amendment leading to a change in the order in which groups are debated; or

(c) to prevent any debate on a group of amendments that has already begun when a time-limit is reached from being unreasonably curtailed.

5. Unless the Parliament has decided, on a motion of the Parliamentary Bureau, the order in which amendments are to be disposed of, they shall be disposed of in the order in which the sections and schedules to which they relate arise in the Bill. Amendments to the long title shall be taken last.

5A. During Stage 3 proceedings that are subject to time-limits agreed to under paragraph 4A, any member may, by motion without notice, propose that the next such time-limit be extended by such amount of time as is specified in the motion. Such a motion may be taken only with the agreement of the Presiding Officer and may not be debated or amended. If the motion is disagreed to, no further motion to extend that next time-limit may be moved. If the motion is agreed to, all remaining time-limits applicable to the same Bill shall be extended by the amount of time specified in the motion. The total time available on any sitting day for proceedings on Stage 3 amendments shall not be extended by more than 30 minutes by motions under this paragraph.

5B. If any motion under paragraph 5A is agreed to, the Presiding Officer may make such consequential alterations to the daily business list, including altering the time of Decision Time , as he or she considers necessary or appropriate. Members shall be notified of any such alteration.

5D. If—

(a) a motion under paragraph 5C is agreed to; or

(b) the motion that the Bill be passed is otherwise due to be moved on a later day,

the member in charge of the Bill (or, in the case of a non-Executive Bill, that member or a member of the Scottish Executive with general responsibility for the subject-matter of the Bill) may give notice of amendments to the Bill to be moved at the adjourned proceedings or (as the case may be) on the later day when the motion that the Bill be passed is due to be moved. Such amendments are only admissible if, in addition to the criteria in Rule 9.10.5, they are for the purpose of clarifying uncertainties or giving effect to commitments given at the earlier proceedings at Stage 3.

6. At the beginning of the debate on the motion that the Bill be passed, the member in charge of the Bill may by motion propose that such part of the Bill as may be specified in the motion, amounting to no more than half of the total number of sections of the Bill, be referred back to committee for further Stage 2 consideration. If the motion is agreed to, the proceedings are adjourned to a time to be determined by the Parliamentary Bureau which shall refer the Bill to a committee in accordance with the Parliament’s decision. When the Stage 3 proceedings resume the Bill may be amended, but amendments are only admissible if they are to the provisions which were referred back to committee or if they are necessary in consequence of any amendment made at the further Stage 2 proceedings.

7. This Rule, apart from paragraph 6, shall apply to the resumed Stage 3 proceedings as it applies to the initial Stage 3 proceedings.

8. At Stage 3 a Bill may be referred back to committee for further Stage 2 consideration only once.

9. If the motion that the Bill be passed is agreed to by division, the result is valid only if the number of members who voted is more than one quarter of the total number of seats for members of the Parliament. In calculating the number of members who voted for this purpose, account shall be taken not only of those voting for and against the motion but also of those voting to abstain.

Rule 9.9 Reconsideration of Bills passed

1. The member in charge of a Bill may, after the Bill is passed, by motion propose that the Parliament resolve that it wishes to reconsider the Bill if—

(a) a question in relation to the Bill has been referred to the Judicial Committee of the Privy Council under section 33;

(b) a reference for a preliminary ruling (within the meaning of section 34(3)) has been made by the Judicial Committee in connection with that reference; and

(c) neither of those references has been decided or otherwise disposed of.

2. The member in charge of a Bill may by motion propose that the Parliament resolve to reconsider the Bill if—

(a) the Judicial Committee of the Privy Council decides that the Bill or any provision of it would not be within the legislative competence of the Parliament; or

(b) an order is made in relation to the Bill under section 35 (order prohibiting Presiding Officer from submitting Bill for Royal Assent).

3. Proceedings at Reconsideration Stage shall be taken at a meeting of the Parliament.

4. A Bill may be amended at Reconsideration Stage but amendments are only admissible if, in addition to the criteria in Rule 9.10.5, they are for the purpose of resolving the problem which is the subject of the reference for a preliminary ruling or which is the subject of the decision of the Judicial Committee or the order under section 35. Unless the Parliament has decided, on a motion of the Parliamentary Bureau, the order in which amendments are to be disposed of, they shall be disposed of in the order in which the provisions to which they relate arise in the Bill.

Rule 9.10 Amendments to Bills

1. Amendments to a Bill shall be in such form as the Presiding Officer may determine. The Clerk shall ensure that any such determinations of the Presiding Officer are notified to the Parliament.

2. Subject to paragraph 6, where a member intends to move an amendment to a Bill at Stage 2 or Reconsideration Stage, he or she shall give notice of the amendment by lodging it with the Clerk no later than the day (referred to as the final lodging-day) that is the third sitting day before the Stage is due to start. Where there is to be more than one meeting, held in different weeks, at which amendments are to be moved or disposed of, there shall be a separate final lodging-day for each of those weeks, that day being the third sitting day before the first such meeting in that week is due to take place. Amendments may be lodged until 16:30 on any day when the Office of the Clerk is open, except on a final lodging-day, when amendments may be lodged only until 12:00.

2A. Subject to paragraph 6, where a member intends to move an amendment to a Bill at Stage 3, he or she shall give notice of the amendment by lodging it with the Clerk no later than the day (referred to as the final lodging-day) that is the fourth sitting day before the Stage is due to start. Where there is to be more than one meeting of the Parliament, held in different weeks, at which amendments are to be moved or disposed of, there shall be a separate final lodging-day for each of those weeks, that day being the fourth sitting day before the first such meeting in that week is due to take place. Amendments may be lodged until 16:30 on any day when the Office of the Clerk is open.

3. Notice of an amendment shall set out the text of the amendment, together with the name of the member proposing it. The member in charge of the Bill (if not the member proposing the amendment) and up to 4 other members may indicate their support for an amendment (other than a manuscript amendment) by notifying the Clerk at any time during the period when notice of that amendment may be given.

4. The convener or, as the case may be, the Presiding Officer shall determine any dispute as to whether an amendment of which the Clerk has been given notice is admissible. Notice of admissible amendments shall be printed in the Business Bulletin.

5. An amendment is admissible unless—

(a) it is not in proper form;

(b) it is not relevant to the Bill or the provisions of the Bill which it would amend;

(c) it is inconsistent with the general principles of the Bill as agreed by the Parliament; or

(d) it is inconsistent with a decision already taken at the Stage at which the amendment is proposed.

6. An amendment of which less notice has been given than is required under paragraph 2 or 2A above is referred to as a “manuscript amendment”. A manuscript amendment may be moved only with the agreement of the convener or, as the case may be, the Presiding Officer. Such agreement shall be given only if the convener or, as the case may be, the Presiding Officer considers it is justified, in the circumstances, taking account of the disadvantages of lack of proper notice.

7. An amendment may be made to an amendment and this Rule shall apply accordingly.

7A. An amendment (other than a manuscript amendment) may be withdrawn by the member who lodged it at any time during the period when notice of that amendment may be given, but only with the unanimous agreement of any members who have indicated their support for the amendment. If such agreement is not obtained, the amendment becomes an amendment in the name of the member who first indicated his or her support for the amendment and who does not agree to the amendment being withdrawn.

9. An amendment to insert a new section or schedule shall normally specify where it is to be inserted and shall be disposed of accordingly.

10. An amendment to an amendment shall be disposed of before the amendment which it would amend.

11. An amendment at any Stage which would be inconsistent with a decision already taken at the same Stage shall not be taken.

12. The convener or, as the case may be, the Presiding Officer may group amendments for the purposes of debate as he or she sees fit. An amendment debated as part of a group may not be debated again when it comes to be disposed of.

13. The member moving an amendment may speak in support of it. A member intending to move any other amendment that has been grouped with the amendment moved may speak in support of that other amendment. The member in charge of the Bill and any member of the Scottish Executive or junior Scottish Minister present at the proceedings may also speak on the amendment. Other members may speak on an amendment at the discretion of the convener or, as the case may be, the Presiding Officer.

14. If a member who has given notice of an amendment does not move the amendment when that amendment comes to be disposed of, the amendment may be moved by any other member present at those proceedings.

Rule 9.11 Crown consent

1. Where a Bill contains provisions, or is amended so as to include provisions, which would, if the Bill were a Bill for an Act of the United Kingdom Parliament, require the consent of Her Majesty, the Prince and Steward of Scotland or the Duke of Cornwall, the Parliament shall not debate any question whether the Bill be passed or approved unless such consent to those provisions has been signified by a member of the Scottish Executive during proceedings on the Bill at a meeting of the Parliament.

Rule 9.12 Financial Resolutions

1. A resolution under this Rule is referred to as “a Financial Resolution”.

2. The Presiding Officer shall decide in every case whether a resolution is required for a Bill under paragraph 3 or 4 of this Rule.

3. Where a Bill contains provisions—

(a) which charge expenditure on the Scottish Consolidated Fund, or

(b) the likely effect of which would be to—

(i) increase significantly expenditure charged on that Fund;

(ii) give rise to significant expenditure payable out of that Fund for a new purpose; or

(iii) increase significantly expenditure payable out of that Fund for an existing purpose,

no proceedings may be taken on the Bill at any Stage after Stage 1 unless the Parliament has by resolution agreed to the expenditure or the increase in expenditure being charged on or, as the case may be, payable out of that Fund.

4. Where—

(a) a Bill contains provisions which impose or increase (or confer a power to impose or increase) any charge, or otherwise require (or confer a power to require) any payment to be made; and

(b) the person to whom the charge or payment is payable is required, by or under any enactment, to pay sums received into the Scottish Consolidated Fund (or would be so required but for any provision made by or under an Act of the Scottish Parliament),

no proceedings may be taken on the Bill at any Stage after Stage 1 unless the Parliament has by resolution agreed to the charge, increase or payment.

5. Paragraph 4—

(a) applies only where the charge, increase in charge or payment is significant; and

(b) does not apply where the charge, increase in charge or payment is—

(i) in respect of the provision of goods and is reasonable in relation to the goods provided; or

(ii) wholly or largely directed to the recovery of the cost of providing any service for which the charge is imposed or the payment requires to be made.

6. Where the effect of an amendment (or amendments) to a Bill, if agreed to, would be that the Bill would require a resolution under this Rule which it would not otherwise require, no proceedings may be taken on the amendment (or amendments) unless the Parliament has agreed to a motion for such a resolution.

7. Only a member of the Scottish Executive or a junior Scottish Minister may give notice of a motion for a Financial Resolution. The motion may be moved only by a member of the Scottish Executive or junior Scottish Minister, whether or not he or she has given notice of it or indicated support for it. Such a motion may not be amended.

8. Unless—

(a) notice of a motion for any resolution required in relation to a Bill by paragraph 3 or 4 is given within 6 months of the completion of Stage 1; and

(b) the motion is agreed to,

Rule 9.13 Withdrawal of Bills

1. A Bill may be withdrawn at any time by the member in charge but shall not be withdrawn after completion of Stage 1 except with the agreement of the Parliament.

Rule 9.13A  Limits on participation in certain committee proceedings

1.  Where a member who has lodged a draft proposal for a Member’s Bill accompanied by a statement of reasons is a member of (or committee substitute for) the committee to which the draft proposal is referred under Rule 9.14.5, he or she shall not participate in that capacity in any consideration of the draft proposal by that committee.  

2.  Where—

(a) in relation to an Executive Bill, a member of the Scottish Executive or junior Scottish Minister;

(b) in relation to a Member’s Bill, the member in charge of the Bill;

(c) in relation to a Committee Bill, the member (if any) who submitted the draft proposal for the Bill or any member who participated as a member of the committee which developed the proposal for the Bill,

is a member of (or committee substitute for) any committee involved in scrutiny of the Bill at Stage 1 or any committee (other than a Committee of the Whole Parliament) taking all or part of Stage 2 of the Bill, he or she shall not participate in that capacity in any consideration of the Bill by that committee.

Rule 9.14 Members' Bills

1.  “Member’s Bill” means a Public Bill, other than a Committee Bill, which is introduced by a member who is not a member of the Scottish Executive and the purpose of which is to give effect to a proposal for a Bill made by that member in accordance with this Rule.

2. Each member may introduce no more than 2 Members’ Bills in the same session. For the purposes of this paragraph only, a draft proposal for a Bill submitted by a member to the Parliamentary Bureau in pursuance of Rule 9.15.4 and subsequently introduced as a Committee Bill shall be treated as if it were a Member’s Bill introduced by that member.

3. A member wishing to introduce a Member’s Bill shall first lodge with the Clerk a draft proposal consisting of the proposed short title of the Bill and a brief explanation of the purposes of the proposed Bill, together with either—

(a) a consultation document prepared as the basis for a public consultation on the policy objectives of the draft proposal to begin on the day on which the draft proposal is printed in the Business Bulletin (or a specified date no more than two weeks later) and to last for a specified period of not less than 12 weeks; or

(b) a written statement of reasons why, in the member’s opinion, a case for the proposed Bill has already been established by reference to specified published material and that consultation on the draft proposal is therefore unnecessary.

4. The draft proposal shall be published in the Business Bulletin together with the member’s name, the date it was lodged and either—

(a) the dates on which the consultation period begins and ends, and information about where copies of the consultation document may be obtained; or

(b) information about where copies of the member’s statement of reasons may be obtained.

5. The Parliamentary Bureau shall, as soon as reasonably practicable after a draft proposal is lodged, refer it to a committee within whose remit the subject matter of the draft proposal falls (and may, in the case of a draft proposal accompanied by a consultation document, refer it to more than one such committee).

6. Where a draft proposal accompanied by a statement of reasons is referred to a committee, the committee may, within one month, consider the statement of reasons and decide either—

(a) that it is satisfied with the reasons given by the member for not consulting on the draft proposal; or

(b) that it is not so satisfied.

In calculating the period of one month referred to in this paragraph, no account shall be taken of any time during which the Parliament is dissolved or in recess for more than 4 days.

7. If the committee decides that it is not satisfied with the reasons given by the member for not consulting, the proposal falls unless the member, within 2 months, lodges with the Clerk a consultation document conforming with paragraph 3(a) (except that the consultation process shall begin on the day on which the proposal is reprinted under this paragraph). Where a consultation document is lodged with the Clerk under this paragraph, the Clerk shall reprint the draft proposal in the Bulletin in accordance with paragraph 4(a) and the Parliamentary Bureau shall refer it to a committee or committees in accordance with paragraph 5.

8. The member who lodged the draft proposal may, at any time (during the same session) after—

(a) the end of the consultation period;

(b) the end of the period of one month referred to in paragraph 6; or

(c) the committee decides that it is satisfied with the reasons given by the member for not consulting on the draft proposal,

lodge with the Clerk a final version of the proposal (the “final proposal”). The final proposal need not be the same as, but must be broadly similar to, the draft proposal.

9. A final proposal shall be accompanied by either—

(a) a summary of the consultation responses (including any conclusions the member draws from those responses), together with copies of all those responses; or

(b) the statement of reasons lodged with the draft proposal (or a revised version of that statement).

10. The final proposal shall be printed in the first issue of the Business Bulletin published after it is lodged, in each subsequent issue published during the period referred to in paragraph 11 and in the first issue thereafter. In each such issue, the proposal shall be printed together with information about where the summary of consultation responses or (as the case may be) the statement of reasons may be obtained and the names of any members who have supported the proposal.

11. Any member may notify the Clerk of his or her support for a final proposal during the period beginning on the day the final proposal is lodged and ending one month later (or on the day the proposal is withdrawn, the Parliament is dissolved or a Bill is introduced to give effect to the proposal, if earlier).

12. The member who lodged the final proposal obtains the right to introduce a Bill to give effect to it only if—

(a) no later than the end of the period referred to in paragraph 11—

(i) at least 18 other members have notified the Clerk of their support for the final proposal; and

(ii) the members supporting the final proposal include members of at least half of the political parties (or groups formed under Rule 5.2.2) represented in the Parliamentary Bureau; and

(b) the Executive has not given, by the end of the period referred to in paragraph 11 (or has waived its right to give, within that period), an indication under paragraph 13.

Where the member does not obtain such a right to introduce, the proposal falls and a proposal in the same or similar terms may not be lodged by any member during the same session within 6 months of that proposal falling.

13. An indication under this paragraph is an indication, given in writing by a member of the Scottish Executive or junior Scottish Minister to the member who lodged the final proposal and to the Clerk (who shall arrange for the indication to be printed in the Business Bulletin)—

(a) that the Executive will initiate legislation, within the same session, to give effect to the final proposal; or

(b) that Her Majesty’s Government has initiated or will initiate legislation, during the current or next session of the UK Parliament, to give effect to the final proposal.

The right to give such an indication may be waived at any time during the period referred to in paragraph 11 by notice in writing to the member who lodged the final proposal and to the Clerk; and such a notice shall be printed in the Business Bulletin.

14. For the purposes of paragraph 13, initiating legislation includes—

(a) introducing a Bill (in the Parliament or in either House of the UK Parliament);

(b) making subordinate legislation; or

(c) laying in draft (before the Parliament or before both Houses of the UK Parliament or the House of Commons alone) a statutory instrument containing subordinate legislation proposed to be made.

15. The right to introduce a Bill to give effect to a final proposal may only be exercised until the first sitting day in June (or, exceptionally, with the consent of the Parliamentary Bureau until the last sitting day in September) in the calendar year preceding that in which the next ordinary Scottish Parliament general election is due to be held.

16. A proposal (whether draft or final) may be withdrawn at any time by the member who lodged it.

17. A member may not have more than two proposals (whether draft or final) for a Member’s Bill in progress at any time. For the purposes of this paragraph, a proposal is in progress from when the draft proposal is lodged until—

(a) the proposal falls or is withdrawn; or

(b) a Bill introduced to give effect to it is passed, falls or is withdrawn.

18. At Stage 1 of a Member’s Bill, the lead committee may recommend to the Parliament, on a motion of the convener of the committee, that the general principles of the Bill not be agreed to if (in the opinion of the committee)—

(a) the consultation on the draft proposal, or the published material referred to in the statement of reasons, does not demonstrate a reasonable case for the policy objectives of the proposal or does not demonstrate that legislation is necessary to achieve those policy objectives;

(b) having regard to the terms of the Presiding Officer’s statement on legislative competence under Rule 9.3.1, the Bill appears to be clearly outwith the legislative competence of the Parliament and it is unlikely to be possible to amend it at Stages 2 and 3 to bring it within legislative competence; or

(c) the Bill has deficiencies of drafting that make it unfit to be passed and which are sufficiently serious as to make it difficult or impractical to resolve them by amendments at Stages 2 and 3.19. If the Parliament agrees to a recommendation under paragraph 18, the Bill falls. Otherwise, the lead committee shall consider and report on the general principles of the Bill in accordance with Rule 9.6.1.

19.  If the Parliament agrees to a recommendation under paragraph 18, the Bill falls. Otherwise, the lead committee shall consider and report on the general principles of the Bill in accordance with Rule 9.6.1.

Rule 9.15 Committee Bills

1. A Bill introduced in pursuance of this Rule is referred to as “a Committee Bill”.

2. A committee may make a proposal for a Bill in relation to matters within that committee’s remit in accordance with this Rule.

3. For the purposes of deciding whether to make a proposal for a Bill, or what such a proposal should contain, a committee may hold an inquiry into the need for a Bill.

4. Any member may submit to the Parliamentary Bureau a draft proposal for a Bill. The Parliamentary Bureau shall refer the draft proposal to a committee within whose remit the draft proposal falls. The committee shall consider whether it should make the proposal in accordance with this Rule.

5. A proposal for a Bill under this Rule shall be made in the form of a report setting out the committee’s recommendations as to the provisions to be contained in the Bill, together with an explanation of the need for the Bill. The proposal may also contain a draft of a Bill to give effect to the proposal.

6. A time shall be appointed in the business programme for consideration of the proposal by the Parliament.

7. If the Parliament agrees to the proposal, the convener of the committee which made the proposal may, no earlier than the fifth sitting day after the date on which the Parliament agrees to the proposal—

(a) if necessary, instruct the drafting of a Bill to give effect to the proposal; and

(b) introduce the Bill,

unless an indication has been given under paragraph 7A before that day.

7A. An indication under this paragraph is an indication, given in writing by a member of the Scottish Executive or a junior Scottish Minister, to the convener and to the Clerk (who shall arrange for it to be printed in the Business Bulletin)—

(a) that the Executive will initiate legislation, within the same session, to give effect to the proposal; or

(b) that Her Majesty’s Government has initiated or will initiate legislation, during the current or next session of the UK Parliament, to give effect to the proposal.

7B. For the purposes of paragraph 7A, “initiating legislation” has the same meaning as in Rule 9.14.14.

8. At Stage 1 of a Committee Bill, the Bill (unless it has been introduced to give effect to a proposal made by the Finance Committee) shall be referred to the Finance Committee, which shall consider and report to the Parliament on the Bill’s Financial Memorandum. Rule 9.6.2 shall not apply to any Committee Bill introduced to give effect to a proposal made by the Subordinate Legislation Committee, but if any other such Bill is considered by the Subordinate Legislation Committee under that Rule, that committee shall report to the Parliament. A report on the Bill’s general principles by a committee shall not be required.

Rule 9.16 Budget Bills

1. A Budget Bill is an Executive Bill for a Budget Act within the meaning of section 29(3) of the Public Finance and Accountability (Scotland) Act 2000 (asp 1).

2. A Budget Bill may be introduced only by a member of the Scottish Executive and shall not require to be accompanied by a Financial Memorandum, Explanatory Notes or a Policy Memorandum.

3. At Stage 1 of a Budget Bill, the Bill shall be referred immediately to the Parliament for consideration of its general principles and a decision on whether they are agreed to. A report on the Bill’s general principles from a committee shall not be required. If the Bill is considered by the Subordinate Legislation Committee under Rule 9.6.2, that committee shall report to the Parliament on the relevant provisions before Stage 3. Stage 2 shall be taken by the Finance Committee.

4. The requirements in Rules 9.5.3A to C as to the minimum periods that must elapse between the Stages of a Bill shall not apply.

5. Stage 3 shall begin no earlier than 20 days after introduction of the Bill. If Stage 3 is not completed before the expiry of 30 days after introduction of the Bill, the Bill falls.

6. Amendments to a Budget Bill may be moved, and notice of amendments to such a Bill may be given, only by a member of the Scottish Executive or a junior Scottish Minister.

7. If a Budget Bill is dependent upon the Parliament passing a tax-varying resolution which provides, in accordance with section 73, for an increase for Scottish taxpayers of the basic rate and the Parliament rejects the motion for such a resolution, the Bill falls.

Rule 9.17 Private Bills

1. The procedures for—

(a) Private Bills are set out in Chapter 9A; and

(b) Hybrid Bills are set out in Chapter 9C.

A Bill which is not a Private Bill is referred to as “a Public Bill”.

Rule 9.18 Consolidation Bills

1. A Consolidation Bill is a Bill the purpose of which is the consolidation of enactments, whether or not with amendments to those enactments to give effect to recommendations of the Scottish Law Commission or of the Scottish Law Commission and the Law Commission jointly (“Law Commission recommendations”).

2. A Consolidation Bill shall not require to be accompanied by a Financial Memorandum, Explanatory Notes or a Policy Memorandum. An Auditor General’s Report shall be required only where the Bill includes provision charging expenditure on the Scottish Consolidated Fund that is to give effect to a Law Commission recommendation. A Consolidation Bill shall be accompanied by tables of derivations and destinations, and such tables shall be treated as accompanying documents within the meaning of Rule 9.3.5.

3. Where a Consolidation Bill has been introduced in the Parliament, the Parliamentary Bureau shall by motion propose, in accordance with Rule 6.1, the establishment of a committee (referred to as “a Consolidation Committee”) to consider the Bill in accordance with this Rule.

4. In proposing the membership of a Consolidation Committee under Rule 6.3, the Parliamentary Bureau shall have regard to the subject matter of the Bill and shall, where possible, ensure that at least one member of the Committee is drawn from amongst the members of a committee within whose remit the subject matter of the Bill falls.

5. At Stage 1 of a Consolidation Bill, the Consolidation Committee for that Bill shall consider and report on the question whether the Bill should proceed as a Consolidation Bill.  A report on the general principles of the Bill shall not be required.  Once the Consolidation Committee has reported, the Parliament shall decide that question on a motion of the member in charge of the Bill.  There shall normally be no debate on that question.  If the motion is agreed to, the Bill proceeds to Stage 2.  If the Parliament rejects the motion, the Bill falls.

6. Stage 2 of a Consolidation Bill shall be taken by the Consolidation Committee for that Bill.

7. At Stage 3 of a Consolidation Bill, there shall normally be no debate on the question whether the Bill be passed.

8.  An amendment to a Consolidation Bill is admissible unless Rule 9.10.5(a), (b) or (d) applies or the amendment would cause the Bill to cease to be a Consolidation Bill.

Rule 9.18A Codification Bills

1.  A Codification Bill is a Bill the purpose of which is to restate existing statute and common law, whether or not with amendments to that law to give effect to Law Commission recommendations.

2.  Rule 9.18 shall apply to a Codification Bill with such modifications as are appropriate.  In particular, the committee referred to in that Rule shall be known as “a Codification Committee”.

Rule 9.19 Statute Law Repeals Bills

1. A Statute Law Repeals Bill is a Bill the purpose of which is to repeal, in accordance with recommendations of the Scottish Law Commission, spent enactments.

Rule 9.20 Statute Law Revision Bills

1. A Statute Law Revision Bill is a Bill the purpose of which is to revise the statute law by repealing enactments which are no longer in force or have become unnecessary and re-enacting provisions of Acts (whether of the United Kingdom Parliament or the Scottish Parliament) which are otherwise spent.

Rule 9.21 Emergency Bills

1. Any member of the Scottish Executive or a junior Scottish Minister may by motion propose that an Executive Bill introduced in the Parliament be treated as an Emergency Bill. If the Parliament agrees to such a motion, the remaining provisions of this Rule shall apply to such a Bill.

2. Unless the Parliament decides otherwise on a motion of the Parliamentary Bureau, Stages 1 to 3 of an Emergency Bill shall be taken on the same day. The time available for each of the Stages of an Emergency Bill, and for debates at each of those Stages, shall be decided by the Parliament on a motion of the Parliamentary Bureau.

3. Paragraph 2 is without prejudice to the power of the Parliament to adjourn Stage 3 of an Emergency Bill to a later day under Rule 9.8.5C or to refer part of the Bill back to committee under Rule 9.8.6.

4. The requirements in Rules 9.5.3A to C as to the minimum periods that must elapse between the Stages of a Bill shall not apply.

5. At Stage 1, an Emergency Bill shall be referred immediately to the Parliament for consideration of its general principles. The Parliament shall decide, on a motion of the member in charge of the Bill, whether to agree to those general principles. The lead committee, if any, shall not be required to consider, or report to the Parliament on, the Bill's general principles, the Financial Memorandum or the Policy Memorandum. An Emergency Bill containing provisions conferring powers to make subordinate legislation is not required to be considered by the Subordinate Legislation Committee.

6. Stage 2 of an Emergency Bill shall be taken by a Committee of the Whole Parliament. An Emergency Bill which has been amended at Stage 2 so as to insert or substantially alter provisions conferring powers to make subordinate legislation is not required to be considered by the Subordinate Legislation Committee.

7. Where a member intends to move an amendment to an Emergency Bill at Stage 2 or 3, or at Reconsideration Stage, he or she shall, subject to Rule 9.10.6, give such notice of the amendment as the Presiding Officer may determine for that Stage or, where the Presiding Officer does not make such a determination, such notice as is required by Rule 9.10.2 or, as the case may be, 2A.

CHAPTER 9A

PRIVATE BILL PROCEDURES

Rule 9A.1 Private Bills

1. A Private Bill is a Bill introduced for the purpose of obtaining for an individual person, body corporate or unincorporated association of persons (“the promoter”) particular powers or benefits in excess of or in conflict with the general law, and includes a bill relating to the estate, property, status or style, or otherwise relating to the personal affairs, of the promoter.

1A. A Private Bill to which this paragraph applies is a Private Bill which seeks to authorise the construction or alteration of such classes of works as may be determined by the Presiding Officer or a Private Bill which seeks to authorise the compulsory acquisition or use of any land or buildings.

2. A Private Bill may be introduced on a sitting day.

3. A Private Bill shall be introduced by the promoter by being lodged with the Clerk.

4. A Private Bill may not be introduced unless it is in proper form. The Presiding Officer shall determine the proper form of Private Bills and the Clerk shall arrange for the determinations of the Presiding Officer to be notified to the Parliament.

4A. A Private Bill to which paragraph 1A applies may not be introduced unless the promoter has carried out the consultation referred to in paragraph 4B.

4B. The Presiding Officer may determine such consultation, of such mandatory consultees, as is to be carried out under paragraph 4A. The Clerk shall arrange for the determination of the Presiding Officer to be notified to the Parliament.

5. A Private Bill must, before introduction, be signed by or on behalf of the promoter.

6. The Clerk shall ensure that notice of the introduction of a Private Bill in the Parliament is published in the Business Bulletin. Such notice shall set out the short and long titles of the Private Bill and the name of the promoter and shall indicate that it is a Private Bill.

7. No Private Bill may be introduced in the Parliament if it contains any provision which would have the effect of authorising sums to be paid out of the Scottish Consolidated Fund (as opposed to a provision which charges expenditure on that Fund).

8. A Private Bill may be introduced only if it is accompanied by such fee for introduction as the Parliamentary corporation may determine.

Rule 9A.2 Accompanying documents

1. The documents which must accompany a Private Bill under this Rule are referred to as its “accompanying documents”.

2. A Private Bill shall on introduction be accompanied by a written statement signed by the Presiding Officer which shall—

(a) indicate whether or not in his or her view the provisions of the Private Bill would be within the legislative competence of the Parliament; and

(b) if in his or her view any of the provisions would not be within legislative competence, indicate which those provisions are and the reasons for that view.

3. A Private Bill shall on introduction be accompanied by—

(a) Explanatory Notes which summarise objectively what each of the provisions of the Private Bill does (to the extent that it requires explanation or comment) and give other information necessary or expedient to explain the effect of the Private Bill;

(b) a Promoter’s Memorandum which sets out—

(i) the objectives of the Private Bill;

(ii) whether alternative ways of meeting those objectives were considered and, if so, why the approach taken in the Private Bill was adopted; and

(iii) the consultation which was undertaken on those objectives and the ways of meeting them and on the detail of the Private Bill together with a summary of the outcome of that consultation (including, in the case of a Private Bill to which Rule 9A.1.1A refers, the consultation carried out in accordance with Rule 9A.1.4A);

(c) in the case of a Private Bill to which Rule 9A.1.1A applies which seeks to authorise the construction or alteration of such classes of works as may be determined by the Presiding Officer or the compulsory acquisition or use of any lands or buildings—

(i) an Estimate of Expense and Funding Statement setting out the estimated total cost of the project proposed by the Private Bill and anticipated sources of funding to meet the cost of the project and such other financial details as the Presiding Officer may determine or, if any of the information is not included, details of and reasons for the omission or omissions;

(ii) such maps, plans, sections and books of references as the Presiding Officer may determine and if the promoter is unable to produce any of these documents, a written statement giving details of and reasons for the omission or omissions; and

(iii) an Environmental Statement setting out such information on the anticipated environmental impact of the Bill as would (if it applied to the Private Bill) be required by such environmental legislation as the Presiding Officer may determine;

(d) a Promoter’s Statement which sets out—

(i) in the case of a Private Bill which contains provision which will affect heritable property, details of the notification of the proposed Private Bill given by the promoter to such persons or classes of person having an interest in heritable property affected by the Private Bill as the Presiding Officer may determine;

(ii) in the case of a Private Bill where the promoter is a body corporate or an unincorporated association of persons, such details as the Presiding Officer may determine of the notification of the proposed Private Bill given by the promoter to and the consent to the proposed Private Bill obtained by the promoter from members of that body corporate or unincorporated association of persons and such other persons or classes of person as the Presiding Officer may determine;

(iii) in the case of a Private Bill which contains provision to confer powers upon or modify the constitution of any body corporate or unincorporated association of persons named in the Private Bill but not being the promoter, such details as the Presiding Officer may determine of the notification of the proposed Private Bill given by the promoter to and the consent to the proposed Private Bill obtained by the promoter from that body corporate or unincorporated association of persons;

(iv) details of the advertisement of the promoter’s intention to introduce the Private Bill in accordance with the determination of the Presiding Officer;

(v) a statement listing the premises where the accompanying documents which are not printed and published by the Clerk under Rule 9A.4.1 and other documents which are relevant to the Private Bill but are not accompanying documents may be inspected or purchased, together with an undertaking to send a copy of those accompanying documents and other documents to the premises , and to the mandatory consultees , referred to in Rule 9A.1.4A to which the Private Bill and accompanying documents are sent by the Clerk under Rule 9A.4.2; and

(vi) an undertaking to pay any costs that may be incurred by the Parliamentary corporation during the passage of the Private Bill in respect of such matters as the Parliamentary corporation may determine; and

(e) an agreement or agreements under which the promoter—

(i) assigns to the Parliamentary corporation copyright in the Private Bill, the Explanatory Notes, the Promoter’s Memorandum, the Estimate of Expense and Funding Statement, and the Promoter’s Statement; and

(ii) licenses the Parliamentary corporation to use or reproduce as may be required for the Parliament’s purposes such plans, maps, sections, books of references and Environmental Statement or any other document submitted to the Clerk by the promoter on introduction or subsequently.

Rule 9A.3 Determinations of the Presiding Officer and of the Parliamentary corporation

1. The Presiding Officer may determine the proper form of any accompanying document. The Clerk shall arrange for the determinations of the Presiding Officer to be notified to the Parliament.

2. Where under Rule 9A.2.3(c) and (d) the Presiding Officer is to determine any matter in relation to a Private Bill’s accompanying documents, the Clerk shall arrange for the determinations of the Presiding Officer to be notified to the Parliament.

Rule 9A.4 Printing and publishing of Private Bills and accompanying documents

1. As soon as a Private Bill has been introduced the Clerk shall arrange for the Private Bill, together with the Explanatory Notes, the Promoter’s Memorandum, the Estimate of Expense and Funding Statement, the Promoter’s Statement and the Presiding Officer’s statement regarding legislative competence to be printed and published.

Rule 9A.5 Private Bill Committees

1. After a Private Bill has been introduced, the Parliament shall, on a motion of the Parliamentary Bureau under Rule 6.1.3, establish a committee to consider the Private Bill (“a Private Bill Committee”).

2. A Private Bill Committee shall have at least 3 but not more than 5 members.

3. A member may not be appointed as a member of a Private Bill Committee if—

(a) his or her principal place of residence is within an area in which works are proposed to be authorised by or under the Private Bill;

(b) any land or buildings owned by the member, or in which the member has any other right or interest, is proposed to be subject to compulsory acquisition or use by or under the Private Bill;

(c) the area in which works are proposed to be authorised by or under the Private Bill falls in whole or in part within the constituency or region which he or she represents;

(d) he or she represents a constituency or region which, in the opinion of the Parliamentary Bureau, is particularly affected by the works proposed to be authorised by or under the Private Bill;

(e) he or she has a financial interest that, in the opinion of the Parliamentary Bureau, directly relates to the promoter or to the subject-matter of the Private Bill; or

(f) he or she has any interest registered in the Register of Interests of Members of the Scottish Parliament (“the Register”) which, in the opinion of the Parliamentary Bureau, would or would be likely to prejudice the ability of the member to participate in proceedings of the Private Bill Committee in an impartial manner.

4. For the purposes of paragraph 3(e), any member whose name is proposed to the Parliamentary Bureau as a prospective member of a Private Bill Committee shall bring to the attention of the Bureau any financial interest held by the member in relation to the promoter or in the subject-matter of the Private Bill which is not registered in the Register.

4A. Each member of a Private Bill Committee shall, at the first meeting he or she attends, declare that, in his or her capacity as a member of the Committee, he or she will act impartially and will base decisions solely on the evidence and information provided to the Committee.

4B. A Private Bill committee shall not normally meet or continue to meet at a time when a meeting of the Parliament is in progress (within the meaning of Rule 12.3.3A), but may do so if—

(a) it is necessary for it to do so at that time;

(b) where reasonably practicable, the prior approval of the Bureau has been obtained; and

(c) the business being considered at the meeting of the Parliament is business other than Stage 3, Final Stage or Reconsideration Stage of a Bill.

4C. A Private Bill Committee may not meet or continue to meet when Stage 2 of a Public Bill is being taken at a Committee of the Whole Parliament.

5. Members of a Private Bill Committee shall normally attend all meetings of the Private Bill Committee and may be absent from a meeting in exceptional circumstances only.

6. At Consideration Stage, a member of a Private Bill Committee may not participate in any consideration of the merits of an objection or in any further proceedings relevant to that objection unless—

(a) all evidence directly relevant to that objection given orally during proceedings of the Committee at Consideration Stage has been given in the presence of the member; or

(b) with the agreement of—

(i) the persons who gave any such evidence in the absence of the member; and

(ii) the promoter,

the member has viewed a recording or read the Official Report of the proceedings of the Committee at which that evidence was given.

7. Where the number of members of the Private Bill Committee falls below 2, the Parliament shall, on a motion of the Parliamentary Bureau under Rule 6.1.3, establish another Private Bill Committee.

8. Where a Private Bill Committee is established under paragraph 7 and at the date of establishment the Stage that the Private Bill was at had not been completed, the proceedings on the Private Bill shall recommence at the beginning of that Stage except in the circumstances set out in paragraph 9.

9. The proceedings may commence at a later point in the Stage if—

(a) to the extent that the earlier proceedings at that Stage involved the consideration by the Private Bill Committee of evidence given orally, each person who had given such evidence either—

(i) gives that evidence orally to the committee established under paragraph 7 (“the new Committee”); or

(ii) agrees that the members of the new Committee may instead view a recording or read the Official Report of the proceedings of the Committee at which that evidence was given; and

(b) to any other extent, the persons referred to in Rule 9A.9.3 agree.

10. Where an assessor is appointed (under Rule 9A.9.1B) and the number of members of the Private Bill Committee falls below 2 before the assessor has reported, the assessor’s report shall be considered by the Private Bill Committee established under paragraph 7.

Rule 9A.6 Objections

1. An individual person who, or a body corporate or unincorporated association of persons which, considers that his, her or its interests would be adversely affected by a Private Bill introduced in the Parliament (an “objector”) may lodge an objection to the Private Bill during the objection period.

2. In these Rules, “the objection period” is the period commencing at the beginning of the day after the date of introduction of the Private Bill and ending at 17:00 on the sixtieth day after the date of introduction or, where the sixtieth day falls on a day when the office of the Clerk is closed, at 17:00 on the first day after that sixtieth day on which the office of the Clerk is open. In calculating the objection period no account shall be taken of any time when the office of the Clerk is closed for more than 4 days or, if the Parliament is dissolved during the objection period, of any period beginning on the day of dissolution and ending on the date of introduction of a Private Bill under Rule 9A.7.6.

3. An objection may be lodged by its—

(a) being lodged with the Clerk in writing by the objector; or

(b) being sent by e-mail from the objector’s e-mail address and, not later than 7 days after being sent by e-mail, the objector lodging a copy in writing with the Clerk.

4. The Presiding Officer shall determine the proper form of objections and the Clerk shall arrange for the determinations of the Presiding Officer to be notified to the Parliament.

5. An objection is admissible only if it—

(a) is in proper form;

(b) sets out the nature of the objection;

(c) explains whether the objection lies against the whole Private Bill or specified provisions;

(d) specifies how the objector’s interests would be adversely affected by the Private Bill; and

(e) is accompanied by any fee for lodging objections that may be determined by the Parliamentary corporation.

6. The Clerk shall notify the objector whether an objection which has been lodged is admissible.

7. After the objection period has expired, the Clerk shall publish in the Business Bulletin a list of the names of all objectors who have lodged admissible objections during that period.

7A. Where an objector lodges an objection after the expiry of the objection period but before the first meeting of the Private Bill Committee at Consideration Stage and the objection is accompanied by a statement by the objector explaining the delay in lodging the objection, the Private Bill Committee shall consider the statement and decide whether it is satisfied that—

(a) the objector had good reason for not lodging the objection within the objection period;

(b) the objector has lodged the objection as soon as reasonably practicable after the expiry of that period; and

(c) consideration of such an objection would not be unreasonable having regard to the rights and interests of objectors and the promoter.

7B. If the Committee is so satisfied—

(a) the Clerk shall publish in the Business Bulletin the name of the objector; and

(b) the Committee shall give preliminary consideration to the objection.

8. An objection may be withdrawn by the objector.

Rule 9A.6A Statements in relation to consultation

1. Any of the mandatory consultees referred to in Rule 9A.1.4B may, during the objection period, lodge a statement in relation to the consultation undertaken by the promoter. Such a statement shall not be treated as an objection under Rule 9A.6.

Rule 9A.7 Stages of Private Bills

1. The procedure for a Private Bill introduced in the Parliament shall be—

(a) consideration of the general principles of the Bill and whether it should proceed as a Private Bill, preliminary consideration of objections and a decision whether to agree to those general principles and whether the Bill should proceed as a Private Bill (Preliminary Stage);

(b) consideration of the details of the Private Bill (Consideration Stage); and

(c) final consideration of the Private Bill and a decision whether to pass or reject it (Final Stage).

2. A Private Bill which has been passed by the Parliament may additionally be subject to reconsideration at a further stage in the circumstances described in Rule 9A.11 (Reconsideration Stage).

3. The business programme shall set out the time or times at which each Stage or any part of any Stage of a Private Bill is to be taken at a meeting of the Parliament. In the case of a Stage to be taken in whole or in part by the Private Bill Committee, notice that the Stage or part of the Stage is to be taken shall be given in the agenda for the relevant committee meeting. In considering its proposals on the business programme the Parliamentary Bureau shall consult the Private Bill Committee as to the time or times which it considers appropriate for the Private Bill.

3A. The minimum period that must elapse between the day on which Consideration Stage is completed and the day on which Final Stage starts is—

(a) 9 sitting days if the Bill is amended at Consideration Stage;

(b) 4 sitting days if the Bill is not amended at Consideration Stage.

3B. The minimum period that must elapse between the day on which further Consideration Stage proceedings under Rule 9A.10.6 are completed and the day on which the Final Stage proceedings resume under that Rule is 4 sitting days (but only if the Bill is amended at those further Consideration Stage proceedings).

4. If a Private Bill falls or is rejected by the Parliament, no further proceedings may be taken on the Private Bill and a Private Bill in the same or similar terms may not be introduced in the same session of the Parliament within the period of 6 months from the date on which the Private Bill fell or was rejected.

5. A Private Bill introduced in any session of the Parliament falls if it has not been passed by the Parliament before the end of that session (“the first session”).

6. Where a Private Bill falls under paragraph 5, the promoter may introduce a Private Bill in the same terms in the next session of the Parliament (“the second session”). If, when the Private Bill fell, the Clerk had printed and published the Private Bill at the end of Consideration Stage, the Private Bill which is introduced under this paragraph shall be in those terms.

7. No fee shall be required to be paid under Rule 9A.1.8 on the introduction of a Private Bill under paragraph 6. A Private Bill introduced under paragraph 6 does not require to be accompanied by the accompanying documents referred to in Rule 9A.2.3 or by any supplementary accompanying document. The accompanying documents referred to in Rule 9A.2.3 and supplementary accompanying documents which accompanied the Bill in the first session shall be used for the purposes of the Bill in the second session. Rule 9A.4 shall apply to the Bill introduced in the second session with appropriate modifications.

8. Any objections lodged during the first session shall be treated as objections to the Private Bill introduced in the second session and any decision of the Private Bill Committee taken during the first session in respect of those objections under Rule 9A.8.2 shall apply. There shall be no further objection period under Rule 9A.6.2 for the Private Bill introduced in the second session in addition to the objection period that began with the introduction of the Private Bill in the first session.

9. A promoter may only introduce a Private Bill under paragraph 6 during the period commencing with the date of the first meeting of the Parliament and ending on the thirtieth day after that date.

10. Where, at the date of dissolution the Stage that the Private Bill was at had not been completed, the proceedings on the Private Bill introduced in the second session shall commence at the beginning of that Stage, except in the circumstances set out in paragraph 11.

11. The proceedings may commence at a later point in the Stage if—

(a) to the extent that the earlier proceedings at that Stage involved the consideration by the Private Bill Committee established in the first session of evidence given orally, each person who had given such evidence either—

(i) gives that evidence orally to the Private Bill Committee established in the second session (“the new Committee”); or

(ii) agrees that the members of the new Committee may instead view a recording or read the Official Report of the proceedings of the Committee at which that evidence was given; and

(b) to any other extent, the persons referred to in Rule 9A.9.3 agree.

12. Where an assessor is appointed (under Rule 9A.9.1B) and the Parliament is dissolved before the assessor has reported, the assessor’s report shall be considered by the Private Bill Committee established in the second session.

Rule 9A.8 Preliminary Stage

1. Once a Private Bill has been printed and a Private Bill Committee has been established under Rule 9A.5, that Committee shall take Preliminary Stage of the Bill.

2. At Preliminary Stage, the Private Bill Committee shall consider and report on the general principles of the Private Bill and whether the Private Bill should proceed as a Private Bill. The Private Bill Committee shall also give preliminary consideration to the objections, if any, and shall reject any objection where the objector’s interests are, in the opinion of the Committee, not clearly adversely affected by the Private Bill.

2A. Where a Private Bill Committee established to consider a Private Bill to which Rule 9A.1.1A applies considers it appropriate, it may during Preliminary Stage direct the Parliamentary corporation, subject to the Bill proceeding to Consideration Stage, to appoint an assessor to consider and report at Consideration Stage in one or both of the following ways, namely—

(a) to consider the admissible objections not rejected under Rule 9A.8.2 or Rule 9A.9.1A, and report with recommendations as to—

(i) which objections are the same or similar and so should be grouped under Rule 9A.9.4;

(ii) which objectors should be chosen to give evidence in relation to the objections so grouped; and

(iii) whether the invitations to give evidence (under Rule 9A.9.2) should be invitations to give evidence orally or in writing (or both);

(b) to consider the evidence given to the assessor and report with such recommendations on the basis of that evidence as the assessor considers appropriate.

3. In considering whether the Private Bill should proceed as a Private Bill, the Private Bill Committee shall consider whether the Private Bill is in accordance with Rule 9A.1.1 and whether the accompanying documents lodged in accordance with Rule 9A.2.3 and the details set out therein, in the opinion of the Committee, satisfy the requirements of that Rule and are adequate to allow proper scrutiny of the Private Bill.

4. If the Committee decides that the accompanying documents lodged in accordance with Rule 9A.2.3 and the details set out therein do not satisfy the requirements of that Rule and are not adequate to allow proper scrutiny of the Private Bill, it may allow the promoter such reasonable period as the Committee considers appropriate to provide such further documents as, in the opinion of the Committee, should be provided. Any further documents provided under this paragraph are referred to as “supplementary accompanying documents”.

5. A supplementary accompanying document shall be in the same form as would have been required had it been an accompanying document.

6. The Clerk shall arrange for any supplementary accompanying document, except any of the documents referred to in Rule 9A.2.3(c)(ii) and (iii) and (e), to be printed and published. The Clerk shall send a copy of any supplementary accompanying document published in accordance with this paragraph to the premises to which the document would have been sent under Rule 9A.4.2 if the document had been provided as an accompanying document.

7. Only members of the Parliament who are members of the Private Bill Committee shall be entitled to participate in the proceedings of the Private Bill Committee at Preliminary Stage.

8. Once the Private Bill Committee has reported on the Private Bill, the Parliament shall decide in the light of the Committee’s report, on a motion of the Convener of the Private Bill Committee, whether to agree to those general principles and whether the Bill should proceed as a Private Bill.

9. Any member may by motion propose that the Private Bill be referred back to the Private Bill Committee for a further report on the general principles of the Private Bill or whether the Bill should proceed as a Private Bill before the Parliament decides whether to agree to the general principles and whether the Bill should proceed as a Private Bill. If the motion is agreed to, consideration of the Bill’s general principles and whether the Bill should proceed as a Private Bill is adjourned to a time to be determined by the Parliamentary Bureau. The Parliamentary Bureau shall refer the Private Bill back to the Private Bill Committee which shall prepare a further report in accordance with the Parliament’s decision.

Rule 9A.9 Consideration Stage

1. The Private Bill Committee shall take Consideration Stage of the Bill.

1A. The Private Bill Committee may at Consideration Stage give preliminary consideration to an objection to which Rule 9A.6.7A applies if it was not reasonably practicable to give such consideration at Preliminary Stage.

1B. Where a direction under Rule 9A.8.2A was made at Preliminary Stage, the Parliamentary corporation shall, at Consideration Stage, appoint as assessor such person as it considers suitably qualified, subject to such terms and conditions as it considers appropriate.

2. The Private Bill Committee shall invite those persons mentioned in paragraph 3, and may invite other persons, to give evidence; and any such invitation may be to give evidence orally or in writing (or both).  Where an assessor has been appointed in accordance with paragraph 1B, any such invitation shall be an invitation to give evidence to that assessor.

3. The persons referred to in paragraph 2 are—

(a) the promoter;

(b) any objector chosen under paragraph 4 to give evidence in relation to the objections grouped under that paragraph; and

(c) any objector whose objection has not been grouped with another objector under paragraph 4 (except where it appears to the Committee that the objector’s interests are no longer adversely affected by the Private Bill).

4. Where the Private Bill Committee considers (whether or not on the basis of a recommendation by an assessor) that two or more objections are the same or similar, it may group those objections together and choose one or more objectors from that group to give evidence in relation to those objections.

4A. The Private Bill Committee shall consider any report prepared by an assessor appointed in accordance with Rule 9A.9.1B, and may—

(a) accept it, in whole or in part, or reject it;

(b) take such other steps as the Committee thinks fit (which may include referring further matters to the assessor for consideration and report or itself taking further evidence).

5. At Consideration Stage, each section and schedule and the long title of the Private Bill shall be considered separately and the Private Bill Committee shall decide whether to agree to them. The question whether a section or schedule or the long title be agreed to shall be put by the convener without the need for any member to move a motion to that effect. Sections or schedules to which no amendments are proposed and which fall to be considered consecutively may be taken and agreed to together.

6. The Private Bill Committee shall decide the order in which the sections and schedules of the Private Bill are to be considered at Consideration Stage. If it does not decide, the sections shall be taken in the order in which they arise in the Private Bill, with each schedule taken immediately after the section which introduces it. The long title shall be taken last.

7. A Private Bill may be amended at Consideration Stage. Notice of an amendment may be given by any member of the Private Bill Committee not earlier than the completion of the consideration of evidence. There must be at least 5 sitting days between the day on which consideration of evidence is completed and the day on which consideration by the Private Bill Committee of amendments begins.

8. At Consideration Stage, amendments to any section or schedule or to the long title shall be disposed of before the Private Bill Committee considers whether to agree to the provision in question. Where no amendments are proposed to a section, a schedule or the long title, the Private Bill Committee shall proceed immediately to decide the question whether that provision be agreed to. If an amendment to leave out a section or schedule is disagreed to, that section or schedule shall be treated as agreed to.

9. Only members of the Parliament who are members of the Private Bill Committee shall be entitled to participate in the proceedings of the Private Bill Committee at Consideration Stage.

10. At the end of Consideration Stage, the Clerk shall, if the Private Bill has been amended, arrange for the Private Bill as amended to be printed and published.

Rule 9A.10 Final Stage

1. Final Stage of a Private Bill shall be taken at a meeting of the Parliament.

2. At Final Stage, the Parliament shall decide, on a motion of the Convener of the Private Bill Committee, whether the Private Bill be passed.

3. A Private Bill may be amended at Final Stage. Notice of an amendment may be given by any member after completion of Consideration Stage.

4. The Presiding Officer may select, as he or she sees fit, those amendments which are to be taken at Final Stage from amongst the admissible amendments of which notice has been given.

5. Unless the Parliament has decided, on a motion of the Parliamentary Bureau, the order in which amendments are to be disposed of, they shall be disposed of in the order in which the sections and schedules to which they relate arise in the Private Bill. Amendments to the long title shall be taken last. After any amendments have been disposed of, the Parliament shall debate the motion that the Private Bill be passed. The Convener of the Private Bill Committee may, immediately after the last amendment is disposed of, by motion without notice propose that the remaining proceedings at Final Stage be adjourned to a later day. Such a motion may not be debated or amended. If the motion is agreed to, the Convener of the Private Bill Committee may give notice of amendments to the Private Bill to be moved at the adjourned proceedings. Such amendments are only admissible if, in addition to the criteria in Rule 9A.12.5, they are for the purpose of clarifying uncertainties or giving effect to commitments given on behalf of the promoter at the earlier proceedings at Final Stage. If the motion is not agreed to, the Parliament shall proceed immediately to debate the motion that the Private Bill be passed.

6. At the beginning of the debate on the motion that the Private Bill be passed, the Convener of the Private Bill Committee may by motion propose that such part of the Private Bill as may be specified in the motion be referred back to the Private Bill Committee for further Consideration Stage consideration. If the motion is agreed to, the proceedings are adjourned to a time to be determined by the Parliamentary Bureau which shall refer the Private Bill to the Private Bill Committee. When Final Stage proceedings resume, the Private Bill may be amended, but amendments are only admissible if they are to the provisions which were referred back to the Private Bill Committee or if they are necessary in consequence of any amendment made at the further Consideration Stage proceedings.

7. This Rule, apart from paragraph 6, shall apply to the resumed Final Stage proceedings as it applies to the initial Final Stage proceedings.

8. If there is a division at Final Stage on the question whether the Private Bill be passed, the result is valid only if the number of members who voted is more than one quarter of the total number of seats for members of the Parliament. In calculating the number of members who voted for this purpose, account shall be taken not only of those voting for and against the motion but also of those voting to abstain.

Rule 9A.11 Reconsideration of Private Bills

1. Any member may, after the Private Bill is passed, by motion propose that the Parliament resolve that it wishes to reconsider the Private Bill if—

(a) a question in relation to the Private Bill has been referred to the Judicial Committee of the Privy Council under section 33;

(b) a reference for a preliminary ruling (within the meaning of section 34(3)) has been made by the Judicial Committee in connection with that reference; and

(c) neither of those references has been decided or otherwise disposed of.

2. Any member may by motion propose that the Parliament resolve to reconsider the Private Bill if—

(a) the Judicial Committee of the Privy Council decides that the Private Bill or any provision of it would not be within the legislative competence of the Parliament; or

(b) an order is made in relation to the Private Bill under section 35 (order prohibiting Presiding Officer from submitting Private Bill for Royal Assent).

3. Proceedings on reconsideration shall be taken at a meeting of the Parliament.

4. A Private Bill may be amended on reconsideration of the Private Bill but only for the purpose of resolving the problem which is the subject of the reference for a preliminary ruling or which is the subject of the decision of the Judicial Committee or the order under section 35. Unless the Parliament has decided, on a motion of the Parliamentary Bureau, the order in which amendments are to be disposed of, they shall be disposed of in the order in which the provisions to which they relate arise in the Private Bill.

5. After amendments have been disposed of, the Parliament shall consider and decide the question whether to approve the Private Bill.

Rule 9A.11A Change of Promoter

1. This Rule applies where the individual who, or body corporate or unincorporated association of persons which, introduced the Private Bill (“the original promoter”) no longer wishes or is no longer able to have the powers or benefits referred to in Rule 9A.1.1 conferred upon him, her or it, and another individual, body corporate or unincorporated association of persons (“the new promoter”) wishes to have those powers or benefits conferred instead upon him, her or it.

2. The new promoter shall, as soon as reasonably practicable, lodge with the Clerk a memorandum setting out the reasons for and the circumstances of the change of promoter.

3. The Private Bill Committee shall, taking account of the memorandum lodged under paragraph 2 and any further information from the new promoter that it may require, consider the implications of the change of promoter for the rights and interests of the objectors and for the progress of the Bill.

4. The Committee may, if it considers it appropriate in order to protect the rights or interests of objectors or to ensure the proper scrutiny of the Private Bill—

(a) require the new promoter to lodge supplementary accompanying documents (and Rule 9A.8.6 shall apply to any such document as it applies to a supplementary accompanying document under Rule 9A.8.4);

(b) require the new promoter to give such undertakings as the Private Bill Committee considers appropriate;

(c) require proceedings on the Bill at Preliminary or Consideration Stage, if either Stage was not completed at the time the statement under paragraph 2 was lodged, to begin again;

(d) report to the Parliament on the implications of the change of promoter, with a recommendation that the Bill should not proceed with the new promoter.

5. A report under paragraph 4(d) shall be considered by the Parliament on a motion of the convener of the Committee inviting the Parliament to agree the Committee’s recommendation. If the motion is agreed to, the Bill falls. If the motion is not agreed to, the Private Bill Committee shall continue to consider the Bill.

Rule 9A.12 Amendments to Private Bills

1. Amendments to a Private Bill shall be in such form as the Presiding Officer may determine. The Clerk shall ensure that any such determinations of the Presiding Officer are notified to the Parliament.

2. Subject to paragraph 6, where a member intends to move an amendment to a Private Bill at Consideration Stage or Reconsideration Stage, he or she shall give notice of the amendment by lodging it with the Clerk no later than 2 sitting days before the day on which consideration of amendments at that Stage is due to start. Where the Stage is being taken over more than one day, notice of amendments may be given by no later than 2 sitting days before each day of proceedings on amendments at that Stage. On the final day on which notice of amendments may be given before Consideration Stage or Reconsideration Stage (or any day of proceedings at those Stages), notice of amendments must be given by 14:00.

2A. Subject to paragraph 6, where a member intends to move an amendment to a Bill at Final Stage, he or she shall give notice of the amendment by lodging it with the Clerk no later than 3 sitting days before the day on which that Stage is due to start. Where Final Stage is being taken over more than one day, notice of amendments may be given no later than 3 sitting days before each day of proceedings at that Stage.

3. Notice of an amendment shall set out the text of the amendment, together with the name of the member proposing it. Up to 4 other members may indicate their support for an amendment (other than a manuscript amendment) by notifying the Clerk at any time during the period when notice of that amendment may be given.

4. The convener, or as the case may be, the Presiding Officer, shall determine any dispute as to whether an amendment of which notice has been given is admissible. Notice of admissible amendments shall be printed in the Business Bulletin.

5. An amendment is admissible unless—

(a) it is not in proper form;

(b) it is not relevant to the Private Bill or the provisions of the Private Bill which it would amend;

(c) it is inconsistent with the general principles of the Private Bill as agreed by the Parliament; or

(d) it is inconsistent with a decision already taken at the Stage at which the amendment is proposed.

6. An amendment of which less notice has been given than is required under paragraph 2 or 2A above is referred to as a “manuscript amendment”. A manuscript amendment may be moved only with the agreement of the convener or, as the case may be, the Presiding Officer. Such agreement shall be given only if the convener or, as the case may be, the Presiding Officer considers it is justified, in the circumstances, taking account of the disadvantages of lack of proper notice.

7. An amendment may be made to an amendment and this Rule shall apply accordingly.

7A. An amendment (other than a manuscript amendment) may be withdrawn by the member who lodged it at any time during the period when notice of that amendment may be given, but only with the unanimous agreement of any members who have indicated their support for the amendment. If such agreement is not obtained, the amendment becomes an amendment in the name of the member who first indicated his or her support for the amendment and who does not agree to the amendment being withdrawn.

8. Where notice of amendments to a Private Bill has been given, the Clerk shall prepare, for each day of proceedings on the Private Bill at which amendments are to be considered, a marshalled list of the admissible amendments proposed (excluding, at Final Stage, amendments not selected by the Presiding Officer). The list shall set out the amendments so far as not disposed of in the order in which they are to be disposed of as determined by the Clerk.

9. An amendment to insert a new section or schedule shall normally specify where it is to be inserted and shall be disposed of accordingly.

10. An amendment to an amendment shall be disposed of before the amendment which it would amend.

11. An amendment at any Stage which would be inconsistent with a decision already taken at the same Stage shall not be taken.

12. The convener or, as the case may be, the Presiding Officer may group amendments for the purposes of debate as he or she sees fit. An amendment debated as part of a group may not be debated again when it comes to be disposed of.

13. The member moving an amendment may speak in support of it. Other members may speak on an amendment at the discretion of the convener or, as the case may be, the Presiding Officer.

14. At Consideration Stage, only members of the Private Bill Committee may give notice of, indicate their support for and move amendments.

15. If a member who has given notice of an amendment does not move the amendment when that amendment comes to be disposed of, the amendment may, in the case of an amendment at Final Stage, be moved by any other member present at those proceedings and in the case of an amendment at Consideration Stage, by any other member of the Private Bill Committee present at those proceedings.

Rule 9A.13 Crown consent

1. Where a Private Bill contains provisions, or is amended so as to include provisions, which would, if the Private Bill were a Bill for an Act of the United Kingdom Parliament, require the consent of Her Majesty, the Prince and Steward of Scotland or the Duke of Cornwall, the Parliament shall not debate any question whether the Private Bill be passed or approved unless such consent to those provisions has been signified by a member of the Scottish Executive during proceedings on the Private Bill at a meeting of the Parliament.

Rule 9A.14 Financial Resolutions

1. A resolution under this Rule is referred to as “a Financial Resolution”.

2. The Presiding Officer shall decide in every case whether a resolution is required for a Private Bill under paragraph 3 or 4 of this Rule.

3. Where a Private Bill contains provisions—

(a) which charge expenditure on the Scottish Consolidated Fund, or

(b) the likely effect of which would be to—

(i) increase significantly expenditure charged on that Fund;

(ii) give rise to significant expenditure payable out of that Fund for a new purpose; or

(iii) increase significantly expenditure payable out of that Fund for an existing purpose,

no proceedings may be taken on the Private Bill at any Stage after Preliminary Stage unless the Parliament has by resolution agreed to the expenditure or the increase in expenditure being charged on or, as the case may be, payable out of that Fund.

4. Where—

(a) a Private Bill contains provisions which impose or increase (or confer a power to impose or increase) any charge, or otherwise require (or confer a power to require) any payment to be made; and

(b) the person to whom the charge or payment is payable is required, by or under any enactment, to pay sums received into the Scottish Consolidated Fund (or would be so required but for any provision made by or under an Act of the Scottish Parliament),

no proceedings may be taken on the Private Bill at any Stage after Preliminary Stage unless the Parliament has by resolution agreed to the charge, increase or payment.

5. Paragraph 4—

(a) applies only where the charge, increase in charge or payment is significant; and

(b) does not apply where the charge, increase in charge or payment is—

(i) in respect of the provision of goods and is reasonable in relation to the goods provided; or

(ii) wholly or largely directed to the recovery of the cost of providing any service for which the charge is imposed or the payment requires to be made.

6. Where the effect of an amendment (or amendments) to a Private Bill, if agreed to, would be that the Private Bill would require a resolution under this Rule which it would not otherwise require, no proceedings may be taken on the amendment (or amendments) unless the Parliament has agreed to a motion for such a resolution.

7. Only a member of the Scottish Executive or a junior Scottish Minister may give notice of a motion for a Financial Resolution. The motion may be moved only by a member of the Scottish Executive or junior Scottish Minister, whether or not he or she has given notice of it or indicated support for it. Such a motion may not be amended.

8. Unless—

(a) notice of a motion for any resolution required in relation to a Private Bill by paragraph 3 or 4 is given within 6 months of the completion of the Preliminary Stage; and

(b) the motion is agreed to,

Rule 9A.15 Withdrawal of Private Bills

1. A Private Bill may be withdrawn at any time by the promoter. Where a Private Bill is withdrawn a Private Bill in the same or similar terms may not be introduced by the same promoter within a period of 6 months from the date on which the Private Bill was withdrawn.

CHAPTER 9B

CONSENT in relation TO UK PARLIAMENT BILLS

Rule 9B.1 UK Parliament Bills making provision requiring the Parliament’s consent

1. In this Chapter, a “relevant Bill” is a Bill under consideration in the UK Parliament which makes provision (“relevant provision”) applying to Scotland for any purpose within the legislative competence of the Parliament, or which alters that legislative competence or the executive competence of the Scottish Ministers.

Rule 9B.2 Legislative consent motions

1. A motion seeking the Parliament’s consent to relevant provision in a relevant Bill shall be known as a legislative consent motion.  A legislative consent motion shall identify the relevant Bill by reference to its short title and the House of the UK Parliament in which and the date on which it was introduced. 

2. A legislative consent motion shall not normally be lodged until after the publication of the lead committee’s report in accordance with Rule 9B.3.5 below. 

3. Every legislative consent motion lodged shall be taken in the Parliament. The Parliament shall not normally take such a motion earlier than the fifth sitting day after the day on which the lead committee’s report under Rule 9B.3.5 below is published. 

Rule 9B.3 Legislative consent memorandums

1. A member of the Scottish Executive shall lodge with the Clerk a memorandum (“a legislative consent memorandum”) in relation to—

(a) any Government Bill that is a relevant Bill on introduction, normally no later than 2 weeks after introduction;

(b) any Private Member’s Bill that was a relevant Bill on introduction and remains a relevant Bill after the first amending stage in the House in which it was introduced, normally no later than 2 weeks after it completes that stage;

(c) any Bill that, by virtue of amendments—

(i) agreed to; or

(ii) tabled by a Minister of the Crown or published with the name of a Minister of the Crown in support,

in either House, makes (or would make) relevant provision for the first time or beyond the limits of any consent previously given by the Parliament, normally no later than 2 weeks after the amendments are tabled or agreed to.

[NB: The above Rule (9B.3.1) applies only in relation to Bills introduced, or amendments agreed to or tabled (as the case may be), after 30 November 2005.]

2.  Any member (other than a member of the Scottish Executive) who intends to lodge a legislative consent motion in relation to a relevant Bill shall first lodge with the Clerk a legislative consent memorandum, but shall not normally do so until after a member of the Scottish Executive has lodged a legislative consent memorandum in respect of that Bill.  

3.  A legislative consent memorandum shall—

(a)  summarise what the Bill does and its policy objectives;

(b)  specify the extent to which the Bill makes provision—

(i)  for any purpose within the legislative competence of the Scottish Parliament; or

(ii)  to alter that legislative competence or the executive competence of the Scottish Ministers;

(c)  in the case of a memorandum lodged by a member (including a member of the Scottish Executive) who intends to lodge a legislative consent motion, set out a draft of the motion and explain why the member considers it appropriate for that provision to be made and for it to be made by means of the Bill; and

(d)  in the case of a memorandum lodged by a member of the Scottish Executive who does not intend to lodge a legislative consent motion, explain why not.

4.  Notice of any legislative consent memorandum lodged shall be given in the Business Bulletin.  The Clerk shall arrange for the memorandum to be printed and published.

5.  The Parliamentary Bureau shall refer any legislative consent memorandum to the committee within whose remit the subject matter of the relevant provision falls.  That committee (referred to as “the lead committee”) shall consider and report on the legislative consent memorandum.  Where the subject matter of the relevant provision falls within the remit of more than one committee the Parliament may, on a motion of the Parliamentary Bureau, designate one of those committees as the lead committee.  The other committee or committees (“the secondary committee or committees”) may also consider the legislative consent memorandum and report its or their view to the lead committee.

6.  In any case where the Bill that is the subject of the memorandum contains provisions conferring on the Scottish Ministers powers to make subordinate legislation, the Subordinate Legislation Committee shall consider and may report to the lead committee on those provisions.

CHAPTER 9C

HYBRID BILL PROCEDURES

Rule 9C.1 Hybrid Bills

1.  A Hybrid Bill is a Public Bill introduced by a member of the Scottish Executive which adversely affects a particular interest of an individual or body in a manner different to the private interests of other individuals or bodies of the same category or class.

2.  A Hybrid Bill to which this paragraph applies is a Hybrid Bill which seeks to authorise the construction or alteration of such classes of works as may be determined by the Presiding Officer or a Hybrid Bill which seeks to authorise the compulsory acquisition or use of any land or buildings.

3.  The Clerk shall arrange for all determinations made by the Presiding Officer or the Parliamentary corporation under this Chapter to be printed and published and notified to the Parliament.

4.  A Hybrid Bill may be introduced on a sitting day.

5.  A Hybrid Bill shall be introduced by being lodged with the Clerk.

6.  A Hybrid Bill may not be introduced unless it is in proper form. The Presiding Officer shall determine the proper form of Hybrid Bills.

7.  A Hybrid Bill to which paragraph 2 applies may not be introduced unless the Scottish Ministers have carried out the consultation referred to in paragraph 8.

8.  The Presiding Officer shall determine which bodies are to be consulted (“the mandatory consultees”) and the nature of the consultation to be carried out with them by the Scottish Ministers under paragraph 7.

9.  A Hybrid Bill must, before introduction, be signed by the member in charge and may also be signed by any other member or members who support the Bill.

10.  The Clerk shall ensure that notice of the introduction of a Hybrid Bill in the Parliament is published in the Business Bulletin. Such notice shall set out the short and long titles of the Hybrid Bill, the name of the member who has introduced it, the name of any member supporting the Bill and shall indicate that it is a Hybrid Bill.

Rule 9C.2 Member in charge

1.  The “member in charge” of a Hybrid Bill is—

(a)  the member of the Scottish Executive who introduces the Bill, or who is subsequently appointed by the First Minister to take general responsibility for the subject matter of the Bill; or

(b)  a junior Scottish Minister designated by that member.

2.  Any designation under paragraph 1(b) shall be made in writing to the Clerk and does not prevent the member referred to in paragraph 1(a) from exercising any of the rights that are conferred by these Rules on the member in charge of the Bill.

3.  A designation under paragraph 1(b) shall no longer have effect if the member so designated ceases to be a junior Scottish Minister.

Rule 9C.3 Accompanying documents

1.  The documents which must accompany a Hybrid Bill under this Rule are referred to as its “accompanying documents”.  The Presiding Officer may determine the proper form of any accompanying document.

2.  A Hybrid Bill shall on introduction be accompanied by—

(a)  a written statement signed by the Presiding Officer which shall—

(i)  indicate whether or not, in his or her view, the provisions of the Bill would be within the legislative competence of the Parliament; and

(ii)  if, in his or her view, any of the provisions would not be within legislative competence, indicate which those provisions are and the reasons for that view;

(b)  a report signed by the Auditor General for Scotland (referred to as “an Auditor General’s Report”) setting out his or her views on whether such  a charge is appropriate, where a Bill contains a provision charging expenditure on the Scottish Consolidated Fund;

(c)  Explanatory Notes which summarise objectively what each of the provisions of the Bill does (to the extent that it requires explanation or comment) and give other information necessary or expedient to explain the effect of the Bill;

(d)  a written statement signed by the member in charge which states that, in his or her view, the provisions of the Bill would be within the legislative competence of the Parliament;

(e)  a Policy Memorandum which sets out—

(i)  the policy objectives of the Bill;

(ii)  whether alternative ways of meeting those objectives were considered and, if so, why the approach taken in the Bill was adopted;

(iii)  the consultation which was undertaken on those objectives and the ways of meeting them and on the detail of the Bill and a summary of the outcome of that consultation (including, in the case of a Hybrid Bill to which Rule 9C.1.2 applies, the consultation carried out in accordance with Rule 9C.1.7); and

(iv)  an assessment of the effects, if any, of the Bill on equal opportunities, human rights, island communities, local government, sustainable development and any other matter which the Scottish Ministers consider relevant;

(f)  in the case of a Bill, other than a Bill to which Rule 9C.1.2 applies, a Financial Memorandum which shall set out the best estimates of the administrative, compliance and other costs to which the provisions of the Bill would give rise, best estimates of the timescales over which such costs would be expected to arise, and an indication of the margins of uncertainty in such estimates. The Financial Memorandum must distinguish separately such costs as would fall upon—

(i)  the Scottish Administration;

(ii)  local authorities; and

(iii)  other bodies, individuals and businesses;

(g)  in the case of a Bill to which Rule 9C.1.2 applies—

(i)  a Financial Memorandum which shall set out: the estimated total cost for the project under the Bill, including a detailed cost breakdown for each element of the project; administrative, compliance and other costs to which the provisions of the Bill would give rise; a detailed breakdown of all anticipated and committed sources of funding for both capital and revenue costs; best estimates of the timescales over which such costs would be expected to arise; and an indication of the margins of uncertainty in such estimates. The Financial Memorandum must distinguish separately such costs as would fall upon—

(a)  the Scottish Administration;

(b)  local authorities; and

(c)  other bodies, individuals and businesses;

(ii)  such maps, plans, sections and books of references as the Presiding Officer shall determine;  and

(iii)  an Environmental Statement setting out such information on the environmental implications of the Bill as the Presiding Officer shall determine;

(h)  a Heritable Interests Statement which sets out—

(i)  in the case of a Bill which contains provisions which will affect heritable property, details of the notification of the proposed Hybrid  Bill given by the Scottish Ministers to such persons  or classes of person having an interest in heritable property affected by the Bill as the Presiding Officer shall determine; 

(ii)  details of the advertisement of the Scottish Ministers’ intention to introduce the Hybrid Bill in accordance with the determination of the Presiding Officer;

(iii)  a statement listing the premises, other than those determined by the Presiding Officer under Rule 9C.4, where any accompanying documents may be inspected, together with an undertaking to send a copy of these documents to those premises; and

(iv)  an undertaking to pay any costs, as the Parliamentary corporation shall determine, that may be incurred by the Parliamentary corporation during the passage of the Bill in connection with the appointment and use of an assessor, following a direction under Rule 9C.10.3; and

(i)  any agreement or agreements under which the Scottish Ministers—

(i)  assign to the Parliamentary corporation copyright in the Explanatory Notes and any revised Explanatory Notes, the Written Statement, the Policy Memorandum, any Heritable Interests Statement and any Financial Memorandum; and

(ii)  license the Parliamentary corporation to use, or reproduce as may be required for the Parliament’s purposes, such plans, maps, sections, books of references and Environmental Statement or any other document submitted to the Clerk by the member in charge on introduction or subsequently.

Rule 9C.4 Printing and publishing of Hybrid Bills and accompanying documents

1.  As soon as a Hybrid Bill has been introduced, the Clerk shall arrange for the Bill, together with its accompanying documents other than those referred to in Rule 9C.3.2(g)(ii) and (g)(iii), to be printed and published.

2.  The Clerk shall send a copy of the Bill and the accompanying documents to such premises as the Presiding Officer may determine and to the mandatory consultees referred to in Rule 9C.1.8.

Rule 9C.5 Memorandum on delegated powers

1.  Immediately after introducing a Hybrid Bill which contains any provision conferring power to make subordinate legislation, the member in charge shall lodge with the Clerk a memorandum setting out, in relation to each such provision of the Bill—

(a)  the person upon whom, or the body upon which, the power is conferred and the form in which the power is to be exercised;

(b)  why it is considered appropriate to delegate the power; and

(c)  the Parliamentary procedure (if any) to which the exercise of the power is to be subject, and why it was considered appropriate to make it subject to that procedure (or not to make it subject to any such procedure).

2.  The Clerk shall arrange for the memorandum to be published.

Rule 9C.6 Hybrid Bill Committees

1.  After a Hybrid Bill has been introduced, the Parliament shall, on a motion of the Parliamentary Bureau under Rule 6.1.3, establish a committee to consider it (a “Hybrid Bill Committee”). Where the subject matter of the Bill falls within the remit of a committee or committees other than the Hybrid Bill Committee, the Parliament shall, on a motion of the Parliamentary Bureau, designate the Hybrid Bill Committee as the lead committee. The other committee or committees (the “secondary committee or committees”) may also consider the general principles of the Bill and report its or their views to the lead committee.

2.  A Hybrid Bill Committee shall have at least 3 but not more than 5 members.

3.  A member may not be appointed as a member of a Hybrid Bill Committee if—

(a)  his or her principal place of residence is within an area in which works are proposed to be authorised by or under the Hybrid Bill;

(b)  any land or buildings owned by the member, or in which the member has any other right or interest, is proposed to be subject to compulsory acquisition or use by or under the Hybrid Bill;

(c)  the area in which works are proposed to be authorised by or under the Hybrid Bill falls in whole or in part within the constituency or region which he or she represents;

(d)  he or she represents a constituency or region which, in the opinion of the Parliamentary Bureau, is particularly affected by the works proposed to be authorised by or under the Hybrid Bill;

(e)  he or she has a financial interest that, in the opinion of the Parliamentary Bureau, directly relates to the subject-matter of the Hybrid Bill; or

(f)  he or she has any interest registered in the Register of Interests of Members of the Scottish Parliament (“the Register”) which, in the opinion of the Parliamentary Bureau, would, or would be likely to, prejudice the ability of the member to participate in proceedings of the Committee in an impartial manner.

4.  For the purposes of paragraph 3(e), any member whose name is proposed to the Parliamentary Bureau as a prospective member of a Hybrid Bill Committee shall bring to the attention of the Parliamentary Bureau any financial interest held by the member in relation to the subject-matter of the Bill which is not registered in the Register.

5.  Each member of a Hybrid Bill Committee shall, at the first meeting he or she attends, declare that, in his or her capacity as a member of the Committee, he or she will act impartially and will base decisions solely on the evidence and information provided to the Committee.

6.  A Hybrid Bill Committee shall not normally meet or continue to meet at a time when a meeting of the Parliament is in progress (within the meaning of Rule 12.3.3A), but may do so if—

(a)  it is necessary for it to do so at that time;

(b)  where reasonably practicable, the prior approval of the Parliamentary Bureau has been obtained; and

(c)  the business being considered at the meeting of the Parliament is business other than Stage 3, Final Stage, or Reconsideration Stage of a Bill.

7.  A Hybrid Bill Committee may not meet or continue to meet when Stage 2 of a Public Bill is being taken at a Committee of the Whole Parliament.

8.  Members of a Hybrid Bill Committee shall normally attend all meetings of the Committee and may be absent from a meeting in exceptional circumstances only.

9.  Other than when considering, at Stage 2, any report prepared by an assessor appointed in accordance with Rule 9C.11.3, a member of a Hybrid Bill Committee may not participate in any consideration of the merits of an objection or in any further proceedings relevant to that objection unless—

(a)  all evidence directly relevant to that objection given orally during proceedings of the Committee at Stage 2 has been given in the presence of the member; or

(b)  with the agreement of—

(i)  the persons who gave any such evidence in the absence of the member; and

(ii)  the member in charge,

the member has viewed a recording or read the Official Report of the proceedings of the Committee at which that evidence was given.

10.  Where the number of members of the Hybrid Bill Committee falls below 2, the Parliament shall, on a motion of the Parliamentary Bureau under Rule 6.1.3, establish another Hybrid Bill Committee.

11.  Where a Hybrid Bill Committee is established under paragraph 10 and at the date of establishment the Stage that the Bill was at had not been completed, the proceedings on the Bill shall recommence at the beginning of that Stage except in the circumstances set out in paragraph 12.

12.  The proceedings may commence at a later point in the Stage if—

(a)  to the extent that the earlier proceedings at that Stage involved the consideration by the Hybrid Bill Committee of evidence given orally, each person who had given such evidence either—

(i)  gives that evidence orally to the Committee established under paragraph 10 (“the new Committee”); or

(ii)  agrees that the members of the new Committee may instead view a recording or read the Official Report of the proceedings of the Committee at which that evidence was given; and

(b)  to any other extent, the persons referred to in Rule 9C.11.5 agree.

13.  Where an assessor is appointed (under Rule 9C.11.3) and the number of members of the Hybrid Bill Committee falls below 2 before the assessor has reported, the assessor’s report shall be considered by the Committee established under paragraph 10.

Rule 9C.7 Objections

1.  An individual person who, or a body corporate or unincorporated association of persons which, considers that his, her or its private interests would be adversely affected by a Hybrid Bill introduced in the Parliament (an “objector”) may lodge an objection to the Bill during the objection period.

2.  In these Rules, “the objection period” is the period commencing at the beginning of the day after the date of introduction of the Hybrid Bill and ending at 17:00 on the sixtieth day after the date of introduction or, where the sixtieth day falls on a day when the office of the Clerk is closed, at 17:00 on the first day after that sixtieth day on which the office of the Clerk is open. In calculating the objection period no account shall be taken of any time when the office of the Clerk is closed for more than 4 days or, if the Parliament is dissolved during the objection period, of any period beginning on the day of dissolution and ending on the date of introduction of a Bill under Rule 9C.9.9.

3.  An objection may be lodged by its—

(a)  being lodged with the Clerk in writing by the objector; or

(b)  being sent by e-mail from the objector’s e-mail address and, not later than 7 days after being sent by e-mail, the objector lodging a copy in writing with the Clerk.

4.  The Presiding Officer shall determine the proper form of objections.  

5.  An objection is admissible only if it—

(a) is in proper form;

(b)  sets out the nature of the objection;

(c)  explains whether the objection lies against the whole Hybrid Bill or specified provisions;

(d)  specifies how the objector’s interests would be adversely affected by the Hybrid Bill; and

(e)  is accompanied by any fee for lodging objections that may be determined by the Parliamentary corporation.

6.  The Clerk shall notify the objector whether an objection which has been lodged is admissible.

7.  After the objection period has expired, the Clerk shall publish in the Business Bulletin a list of the names of all objectors who have lodged admissible objections during that period.

8.  Where an objector lodges an objection after the expiry of the objection period but before the first meeting of the Hybrid Bill Committee at Stage 2 and the objection is accompanied by a statement by the objector explaining the delay in lodging the objection, the Committee shall consider the statement and decide whether it is satisfied that—

(a)  the objector had good reason for not lodging the objection within the objection period;

(b)  the objector has lodged the objection as soon as reasonably practicable after the expiry of that period; and

(c)  consideration of such an objection would not be unreasonable having regard to the rights and interests of objectors and the Scottish Executive.

9.  If the Committee is so satisfied—

(a)  the Clerk shall publish in the Business Bulletin the name of the objector; and

(b)  the Committee shall give preliminary consideration to the objection.

10.  An objection may be withdrawn by the objector.

Rule 9C.8 Statements by mandatory consultees

1.  Any of the mandatory consultees referred to in Rule 9C.1.8 may, during the objection period, lodge a statement in relation to the consultation undertaken by the Scottish Ministers. Such a statement shall not be treated as an objection under Rule 9C.7.

Rule 9C.9 Stages of Hybrid Bills

1.  The procedure for a Hybrid Bill introduced in the Parliament shall be—

(a)  Stage 1—

(i)  consideration of the general principles of the Bill and a decision whether to agree to those general principles;

(ii)  consideration of whether the Bill should proceed as a Hybrid Bill and a decision whether the Bill should proceed as a Hybrid Bill; and

(iii)  preliminary consideration of objections;

(b)  Stage 2: consideration of the details of the Bill; and

(c)  Stage 3: final consideration of the Bill and a decision whether to pass or reject it.

2.  A Hybrid Bill which has been passed by the Parliament may additionally be subject to reconsideration at a further stage in the circumstances described in Rule 9C.13 (Reconsideration Stage).

3.  The business programme shall set out the time or times at which each Stage or any part of any Stage of a Hybrid Bill is to be taken at a meeting of the Parliament. In the case of a Stage to be taken in whole or in part by the Hybrid Bill Committee, notice that the Stage or part of the Stage is to be taken shall be given in the agenda for the relevant committee meeting. In considering its proposals on the business programme the Parliamentary Bureau shall consult the Hybrid Bill Committee as to the time or times which it considers appropriate for the Bill.

4.  The minimum period that must elapse between the day on which Stage 1 is completed and the day on which Stage 2 starts is 11 sitting days.

5.  The minimum period that must elapse between the day on which Stage 2 is completed and the day on which Stage 3 starts is 9 sitting days.

6.  The minimum period that must elapse between the day on which further Stage 2 proceedings under Rule 9C.12.11 are completed and the day on which the Stage 3 proceedings resume under that Rule is 4 sitting days (but only if the Bill is amended at those further Stage 2 proceedings).

7.  If a Hybrid Bill falls or is rejected by the Parliament, no further proceedings shall be taken on the Bill and a Hybrid Bill in the same or similar terms may not be introduced in the same session of the Parliament within the period of 6 months from the date on which the Hybrid Bill fell or was rejected.

8.  A Hybrid Bill introduced in any session of the Parliament falls if it has not been passed by the Parliament before the end of that session (“the first session”).

9.  Where a Hybrid Bill falls under paragraph 8, a Hybrid Bill in the same terms may be introduced in the next session of the Parliament (“the second session”) by a member of the Scottish Executive.  If, when the Hybrid Bill fell, the Clerk had printed and published the Hybrid Bill at the end of Stage 2, the Hybrid Bill which is introduced under this paragraph shall be in those terms.

10.  A Hybrid Bill introduced under paragraph 9 does not require to be accompanied by the accompanying documents referred to in Rule 9C.3.2 or by any supplementary accompanying document. The accompanying documents referred to in Rule 9C.3.2 and any supplementary accompanying documents which accompanied the Bill in the first session shall be used for the purposes of the Hybrid Bill in the second session. Rule 9C.4 shall apply to the Hybrid Bill introduced in the second session with appropriate modifications.

11.  Any objections lodged during the first session shall be treated as objections to the Hybrid Bill introduced in the second session and any decision of the Hybrid Bill Committee taken during the first session in respect of those objections under Rule 9C.10.2 shall apply. There shall be no further objection period under Rule 9C.7.2 for the Hybrid Bill introduced in the second session in addition to the objection period that began with the introduction of the Hybrid Bill in the first session.

12.  The Scottish Executive may only introduce a Hybrid Bill under paragraph 9 during the period commencing with the date of the first meeting of the Parliament and ending on the thirtieth day after that date.

13.  Where, at the date of dissolution, the Stage that the Hybrid Bill was at had not been completed, the proceedings on the Hybrid Bill introduced in the second session shall commence at the beginning of that Stage, except in the circumstances set out in paragraph 14.

14.  The proceedings may commence at a later point in the Stage if—

(a)  to the extent that the earlier proceedings at that Stage involved the consideration by the Hybrid Bill Committee established in the first session of evidence given orally, each person who had given such evidence either—

(i)  gives that evidence orally to the Hybrid Bill Committee established in the second session (“the new Committee”); or

(ii)  agrees that the members of the new Committee may instead view a recording or read the Official Report of the proceedings of the Committee at which that evidence was given; and

(b)  to any other extent, the persons referred to in Rule 9C.11.5 agree.

15.  Where an assessor is appointed (under Rule 9C.11.3) and the Parliament is dissolved before the assessor has reported, the assessor’s report shall be considered by the Hybrid Bill Committee established in the second session.

Rule 9C.10 Stage 1

1.  Once a Hybrid Bill has been printed and a Hybrid Bill Committee has been established under Rule 9C.6, that Committee shall take Stage 1 of the Bill.

2.  At Stage 1, the Hybrid Bill Committee shall consider and report on the general principles of the Bill and whether the Bill should proceed as a Hybrid Bill. The Hybrid Bill Committee shall also give preliminary consideration to the objections, if any, and shall reject any objection where the objector’s interests are, in the opinion of the Committee, not clearly adversely affected by the Bill.

3.  Where a Hybrid Bill Committee established to consider a Hybrid Bill to which Rule 9C.1.2 applies considers it appropriate, it may during Stage 1 direct the Parliamentary corporation, subject to the Bill proceeding to Stage 2, to appoint an assessor to consider and report at Stage 2 in one or both of the following ways, namely—

(a)  to consider the admissible objections not rejected under Rule 9C.10.2 or Rule 9C.11.2, and report with recommendations as to—

(i)  which objections are the same or similar and so should be grouped under Rule 9C.11.6;

(ii)  which objectors should be chosen to give evidence in relation to the objections so grouped; and

(iii)  whether the invitations to give evidence (under Rule 9C.11.4) should be invitations to give evidence orally or in writing (or both);

(b)  to consider the evidence given to the assessor and report with such recommendations on the basis of that evidence as the assessor considers appropriate.

4.  In considering whether the Bill should proceed as a Hybrid Bill, the Hybrid Bill Committee shall consider whether the Bill is in accordance with Rule 9C.1.1 and whether the accompanying documents lodged in accordance with Rule 9C.3.2 and the details set out therein, in the opinion of the Committee, satisfy the requirements of that Rule and are adequate to allow proper scrutiny of the Bill.

5.  If the Committee decides that the accompanying documents lodged in accordance with Rule 9C.3.2 and the details set out therein do not satisfy the requirements of that Rule and are not adequate to allow proper scrutiny of the Bill, it may allow the member in charge such reasonable period as the Committee considers appropriate to provide such further documents as, in the opinion of the Committee, should be provided. Any further documents provided under this paragraph are referred to as “supplementary accompanying documents”.

6.  A supplementary accompanying document shall be in the same form as an accompanying document.

7.  The Clerk shall arrange for any supplementary accompanying document, except any of the documents referred to in Rule 9C.3.2(g)(ii) and (iii), to be printed and published. The Clerk shall send a copy of any supplementary accompanying document published in accordance with this paragraph to the premises to which the document would have been sent under Rule 9C.4.2 if the document had been provided as an accompanying document.

8.  Only members of the Parliament who are members of the Hybrid Bill Committee shall be entitled to participate in the proceedings of the Committee at Stage 1.

9.  Where a Hybrid Bill contains provisions conferring powers to make subordinate legislation, the Subordinate Legislation Committee shall consider and report to the Hybrid Bill Committee on those provisions. The Subordinate Legislation Committee may also consider and report to the Hybrid Bill Committee on any provision in such a Bill conferring other delegated powers.

10.  In considering the general principles of the Bill and preparing its report on them, the Hybrid Bill Committee shall take into account any views submitted by any other committee. The Hybrid Bill Committee shall also consider and report on the Bill’s Financial Memorandum and shall, in preparing its report, take into account any views submitted to it by the Finance Committee. The Hybrid Bill Committee shall also consider and report on the Bill’s Policy Memorandum.

11.  The Hybrid Bill Committee shall report to the Parliament in time to allow the report to be published not later than the fifth sitting day before any date allocated in a business programme for the Parliament to consider the general principles of the Bill or whether the Bill should proceed as a Hybrid Bill under paragraph 12. The Parliament shall not consider the general principles of the Bill or whether the Bill should proceed as a Hybrid Bill earlier than the fifth sitting day after the Committee’s report is published unless it decides to do so on a motion of any member.

12.  Once the Hybrid Bill Committee has reported on the Bill, the Parliament shall consider the general principles of the Bill and whether the Bill should proceed as a Hybrid Bill in the light of the Committee’s report and decide, on a motion of the member in charge of the Bill, whether to agree to those general principles and whether the Bill should proceed as a Hybrid Bill.

13.  Any member may by motion propose that the Bill be referred back to the Hybrid Bill Committee for a further report on the general principles of the Bill or any specified part of the Bill or whether the Bill should proceed as a Hybrid Bill before the Parliament decides whether to agree to the general principles and whether the Bill should proceed as a Hybrid Bill.

14.  If the motion is agreed to, consideration of the Bill’s general principles and whether the Bill should proceed as a Hybrid Bill is adjourned to a time to be determined by the Parliamentary Bureau. The Parliamentary Bureau shall refer the Bill back to the Hybrid Bill Committee which shall prepare a further report in accordance with the Parliament’s decision.

15.  If the Parliament agrees to the Hybrid Bill’s general principles and that the Hybrid Bill should proceed as a Hybrid Bill, the Bill proceeds to Stage 2. If the Parliament does not agree to the Hybrid Bill’s general principles or does not agree that the Bill should proceed as a Hybrid Bill, the Bill falls.

Rule 9C.11 Stage 2

1.  The Hybrid Bill Committee shall take Stage 2 of the Hybrid Bill.

2.  The Hybrid Bill Committee may at Stage 2 give preliminary consideration to an objection to which Rule 9C.7.8 applies if it was not reasonably practicable to give such consideration at Stage 1.

3.  Where a direction under Rule 9C.10.3 was made at Stage 1, the Parliamentary corporation shall, at Stage 2, appoint as assessor such person as it considers suitably qualified, subject to such terms and conditions as it considers appropriate.

4.  The Hybrid Bill Committee shall invite those persons mentioned in paragraph 5, and may invite other persons, to give evidence; and any such invitation may be to give evidence orally or in writing (or both).  Where an assessor has been appointed in accordance with paragraph 3, any such invitation shall be an invitation to give evidence to that assessor.

5.  The persons referred to in paragraph 4 are—

(a)  the member in charge;

(b)  any objector chosen under paragraph 6 to give evidence in relation to the objections grouped under that paragraph; and

(c)  any objector whose objection has not been grouped with another objector under paragraph 6 (except where it appears to the Hybrid Bill Committee that the objector’s interests are no longer adversely affected by the Hybrid Bill).

6.  Where the Hybrid Bill Committee considers (whether or not on the basis of a recommendation by an assessor) that two or more objections are the same or similar, it may group those objections together and choose one or more objectors from that group to give evidence in relation to those objections.

7.  The Hybrid Bill Committee shall consider any report prepared by an assessor appointed in accordance with Rule 9C.10.3, and may—

(a)  accept it, in whole or in part, or reject it;

(b)  take such other steps as the Hybrid Bill Committee thinks fit (which may include referring further matters to the assessor for consideration and report or itself taking further evidence).

8.  At Stage 2, each section and schedule and the long title of the Bill shall be considered separately and the Hybrid Bill Committee shall decide whether to agree to them. The question whether a section or schedule or the long title be agreed to shall be put by the convener without the need for any member to move a motion to that effect. Sections or schedules to which no amendments are proposed and which fall to be considered consecutively may be taken and agreed to together.

9.  The Hybrid Bill Committee shall decide the order in which the sections and schedules of the Bill are to be considered at Stage 2. If it does not decide, the sections shall be taken in the order in which they arise in the Hybrid Bill, with each schedule taken immediately after the section which introduces it. The long title shall be taken last.

10.  A Bill may be amended at Stage 2. Notice of an amendment may be given by any member not earlier than the completion of the consideration of evidence. There must be at least 5 sitting days between the day on which consideration of evidence is completed and the day on which consideration by the Hybrid Bill Committee of amendments begins.

11.  At Stage 2, amendments to any section or schedule or to the long title shall be disposed of before the Hybrid Bill Committee considers whether to agree to the provision in question. Where no amendments are proposed to a section, a schedule or the long title, the Hybrid Bill Committee shall proceed immediately to decide the question whether that provision be agreed to. If an amendment to leave out a section or schedule is disagreed to, that section or schedule shall be treated as agreed to.

12.  Only members of the Parliament who are members of the Hybrid Bill Committee shall be entitled to participate in the proceedings of the Hybrid Bill Committee which relate to the consideration of objections at Stage 2.

13.  At the end of Stage 2, the Clerk shall, if the Bill has been amended, arrange for the Bill as amended to be printed and published.

14.  If a Bill is amended at Stage 2 so as to insert a section or schedule, or substantially alter any existing provision, the member in charge shall lodge with the Clerk, not later than the fourth sitting day before the day on which Stage 3 is due to start, revised or supplementary Explanatory Notes. Revised Explanatory Notes (or supplementary Explanatory Notes, when read in conjunction with the original Explanatory Notes) shall summarise objectively what each of the provisions of the amended Bill does (to the extent that it requires explanation or comment) and give any other information necessary or expedient to explain the effect of the amended Bill.

15.  If a Bill is amended at Stage 2 so as to substantially alter any of the costs set out in the Financial Memorandum that accompanied the Hybrid Bill on introduction, the member in charge shall lodge with the Clerk, not later than the fourth sitting day before the day on which Stage 3 is due to start, a revised or supplementary Financial Memorandum. The revised Financial Memorandum (or supplementary Financial Memorandum, when read in conjunction with the original Financial Memorandum) shall set out, in relation to the amended Hybrid Bill, the information required under either Rule 9C.3.2(f) or Rule 9C.3.2(g)(i) in relation to the Bill on introduction.

16.  The Clerk shall arrange for any revised or supplementary Explanatory Notes or Financial Memorandum to be printed and published.

17.  If the Bill has been amended at Stage 2 so as to insert or substantially alter provisions conferring powers to make subordinate legislation, the Subordinate Legislation Committee shall consider and report to the Parliament on those provisions. The Committee may also consider and report on any new or substantially altered provisions conferring other delegated powers.

18.  Where a Hybrid Bill is to be considered by the Subordinate Legislation Committee under paragraph 17, the member in charge shall lodge with the Clerk, not later than the end of the second week before the week on which Stage 3 is due to start, a revised or supplementary memorandum setting out, in relation to each provision of the Hybrid Bill conferring a power to make subordinate legislation which has been inserted or substantially altered at Stage 2, the information referred to in Rule 9C.5.1. The Clerk shall arrange for the revised or supplementary memorandum to be published.

Rule 9C.12 Stage 3

1.  Stage 3 of a Hybrid Bill shall be taken at a meeting of the Parliament.

2.  At Stage 3, the Parliament shall decide, on a motion of the member in charge, whether the Hybrid Bill be passed.

3.  A Hybrid Bill may be amended at Stage 3. Notice of an amendment may be given by any member after completion of Stage 2.

4. The Presiding Officer may select, as he or she sees fit, those amendments which are to be taken at Stage 3 from amongst the admissible amendments of which notice has been given.

5.  Before Stage 3 begins, the Parliament may, on a motion of the Parliamentary Bureau, agree to one or more time-limits that are to apply to debates on amendments (as they have been grouped by the Presiding Officer). If such a motion is agreed to, debates on those groups of amendments shall be concluded by the time-limits specified in the motion, except to the extent considered necessary by the Presiding Officer—

(a)  to enable those members given a right to speak on an amendment by Rule 9C.14.15 to do so;

(b)  as a consequence of the non-moving of an amendment leading to a change in the order in which groups are debated; or

(c)  to prevent any debate on a group of amendments that has already begun when a time-limit is reached from being unreasonably curtailed.

6.  Unless the Parliament has decided, on a motion of the Parliamentary Bureau, the order in which amendments are to be disposed of, they shall be disposed of in the order in which the sections and schedules to which they relate arise in the Bill. Amendments to the long title shall be taken last.

7.  During Stage 3 proceedings that are subject to time-limits agreed to under paragraph 5, any member may, by motion without notice, propose that the next such time-limit be extended by such amount of time as is specified in the motion. Such a motion may be taken only with the agreement of the Presiding Officer and may not be debated or amended. If the motion is disagreed to, no further motion to extend that next time-limit may be moved. If the motion is agreed to, all remaining time-limits applicable to the same Bill shall be extended by the amount of time specified in the motion. The total time available on any sitting day for proceedings on Stage 3 amendments shall not be extended by more than 30 minutes by motions under this paragraph.

8.  If any motion under paragraph 7 is agreed to, the Presiding Officer may make such consequential alterations to the daily business list, including altering the time of Decision Time, as he or she considers necessary or appropriate. Members shall be notified of any such alteration.

9.  Except where the motion that the Bill be passed is due to be moved on a later day, the convener of the Hybrid Bill Committee or the member in charge may, immediately after the last amendment has been disposed of, by motion without notice propose that the remaining proceedings at Stage 3 be adjourned to a later day. Such a motion may not be debated or amended. If the motion is not agreed to, the Parliament shall proceed immediately to debate the motion that the Hybrid Bill be passed.

10.  If—

(a)  a motion under paragraph 9 is agreed to; or

(b)  the motion that the Bill be passed is otherwise due to be moved on a later day,

the convener of the Hybrid Bill Committee or the member in charge may give notice of amendments to the Bill to be moved at the adjourned proceedings or (as the case may be) on the later day when the motion that the Bill be passed is due to be moved. Such amendments are only admissible if, in addition to the criteria in Rule 9C.14.6, they are for the purpose of clarifying uncertainties or giving effect to commitments given at the earlier proceedings at Stage 3.

11.  At the beginning of the debate on the motion that the Hybrid Bill be passed, the convener of the Hybrid Bill Committee or the member in charge of the Hybrid Bill may by motion propose that such part of the Bill as may be specified in the motion, amounting to no more than half of the total number of sections of the Hybrid Bill, be referred back to the Hybrid Bill Committee for further Stage 2 consideration. If the motion is agreed to, the proceedings are adjourned to a time to be determined by the Parliamentary Bureau which shall refer the Hybrid Bill to the Committee in accordance with the Parliament’s decision. When the Stage 3 proceedings resume the Hybrid Bill may be amended, but amendments are only admissible if they are to the provisions which were referred back to the Committee or if they are necessary in consequence of any amendment made at the further Stage 2 proceedings.

12.  This Rule, apart from paragraph 11, shall apply to the resumed Stage 3 proceedings as it applies to the initial Stage 3 proceedings.

13.  At Stage 3 a Bill may be referred back to the Hybrid Bill Committee for further Stage 2 consideration only once.

14.  If the motion that the Hybrid Bill be passed is agreed to by division, the result is valid only if the number of members who voted is more than one quarter of the total number of seats for members of the Parliament. In calculating the number of members who voted for this purpose, account shall be taken not only of those voting for and against the motion but also of those voting to abstain.

15.  If the result of such a division is not valid the Hybrid Bill shall be treated as rejected.

Rule 9C.13 Reconsideration of Hybrid Bills

1.  The member in charge may, after the Hybrid Bill is passed, by motion propose that the Parliament resolve that it wishes to reconsider the Hybrid Bill if—

(a)  a question in relation to the Hybrid Bill has been referred to the Judicial Committee of the Privy Council under section 33;

(b)  a reference for a preliminary ruling (within the meaning of section 34(3)) has been made by the Judicial Committee of the Privy Council in connection with that reference; and

(c)  neither of those references has been decided or otherwise disposed of.

2.  The member in charge may by motion propose that the Parliament resolve to reconsider the Hybrid Bill if—

(a)  the Judicial Committee of the Privy Council decides that the Bill or any provision of it would not be within the legislative competence of the Parliament; or

(b)  an order is made in relation to the Hybrid Bill under section 35 (order prohibiting Presiding Officer from submitting the Hybrid Bill for Royal Assent).

3.  Proceedings on reconsideration shall be taken at a meeting of the Parliament.

4.  A Hybrid Bill may be amended on reconsideration of the Hybrid Bill but amendments are only admissible if, in addition to the criteria in Rule 9C.14.6, they are for the purpose of resolving the problem which is the subject of the reference for a preliminary ruling or which is the subject of the decision of the Judicial Committee or the order under section 35. An amendment may only be moved by the member in charge.  Unless the Parliament has decided, on a motion of the Parliamentary Bureau, the order in which amendments are to be disposed of, they shall be disposed of in the order in which the provisions to which they relate arise in the Bill.

5.  The Parliament may not consider an amendment if it affects a private interest and the holder of that private interest has not had the opportunity to comment on the amendment. In that event, the Parliament shall afford the holder of the private interest reasonable opportunity to comment on the amendment and then consider the amendment.

6.  After amendments have been disposed of, the Parliament shall consider and decide the question whether to approve the Hybrid Bill.

Rule 9C.14 Amendments to Hybrid Bills

1.  Amendments to a Hybrid Bill shall be in such form as the Presiding Officer shall determine.

2.  Subject to paragraph 7, where a member intends to move an amendment to a Bill at Stage 2 or Reconsideration Stage, he or she shall give notice of the amendment by lodging it with the Clerk no later than the day (referred to as the final lodging-day) that is the third sitting day before the Stage is due to start. Where there is to be more than one meeting, held in different weeks, at which amendments are to be moved or disposed of, there shall be a separate final lodging-day for each of those weeks, that day being the third sitting day before the first such meeting in that week is due to take place. Amendments may be lodged until 16:30 on any day when the office of the Clerk is open, except on a final lodging-day, when amendments may be lodged only until 12:00.

3.  Subject to paragraph 7, where a member intends to move an amendment to a Hybrid Bill at Stage 3, he or she shall give notice of the amendment by lodging it with the Clerk no later than the day (referred to as the final lodging-day) that is the fourth sitting day before the Stage is due to start. Where there is to be more than one meeting of the Parliament, held in different weeks, at which amendments are to be moved or disposed of, there shall be a separate final lodging-day for each of those weeks, that day being the fourth sitting day before the first such meeting in that week is due to take place. Amendments may be lodged until 16:30 on any day when the office of the Clerk is open.

4.  Notice of an amendment shall set out the text of the amendment, together with the name of the member proposing it. The member in charge of the Hybrid Bill (if not the member proposing the amendment) and up to 4 other members may indicate their support for an amendment (other than a manuscript amendment) by notifying the Clerk at any time during the period when notice of that amendment may be given.

5.  The convener, or, as the case may be, the Presiding Officer, shall determine any dispute as to whether an amendment of which notice has been given is admissible. Notice of admissible amendments shall be printed in the Business Bulletin.

6.  An amendment is admissible unless—

(a)  it is not in proper form;

(b)  it is not relevant to the provisions of the Hybrid Bill which it would amend;

(c)  it is inconsistent with the general principles of the Hybrid Bill as agreed by the Parliament;

(d)  it is inconsistent with a decision already taken at the Stage at which the amendment is proposed; or

(e)  it affects a private interest and the holder of that private interest has not had the opportunity to comment on the amendment. (In that event, the Committee or the Parliament, as appropriate, shall afford the holder of the private interest reasonable opportunity to comment on the amendment and then consider the amendment.)

7.  An amendment of which less notice has been given than is required under paragraph 2 or 3 above is referred to as a “manuscript amendment”. A manuscript amendment may be moved only with the agreement of the convener or, as the case may be, the Presiding Officer. Such agreement shall be given only if the convener or, as the case may be, the Presiding Officer considers it is justified, in the circumstances, taking account of the disadvantages of lack of proper notice.

8.  An amendment may be made to an amendment and this Rule shall apply accordingly.

9.  An amendment (other than a manuscript amendment) may be withdrawn by the member who lodged it at any time during the period when notice of that amendment may be given, but only with the unanimous agreement of any members who have indicated their support for the amendment. If such agreement is not obtained, the amendment becomes an amendment in the name of the member who first indicated his or her support for the amendment and who does not agree to the amendment being withdrawn.

10.  Where, at any Stage, notice of amendments to a Hybrid Bill has been given, the Clerk shall prepare, for each week during which there are to be proceedings on the Hybrid Bill at which amendments are to be considered, a marshalled list of the admissible amendments proposed. The list shall set out the amendments not so far disposed of in the order in which they are to be disposed of as determined by the Clerk. The list shall exclude manuscript amendments which may not be moved because agreement has been refused under paragraph 6 above and, at Stage 3, shall exclude amendments not selected by the Presiding Officer.

11.  An amendment to insert a new section or schedule shall normally specify where it is to be inserted and shall be disposed of accordingly.

12.  An amendment to an amendment shall be disposed of before the amendment which it would amend.

13.  An amendment at any Stage which would be inconsistent with a decision already taken at the same Stage shall not be taken.

14.  The convener or, as the case may be, the Presiding Officer may group amendments for the purposes of debate as he or she sees fit. An amendment debated as part of a group may not be debated again when it comes to be disposed of.

15.  The member moving an amendment may speak in support of it. A member intending to move any other amendment that has been grouped with the amendment moved may speak in support of that other amendment. The member in charge of the Hybrid Bill and any member of the Scottish Executive or junior Scottish Minister present at the proceedings may also speak on the amendment. Other members may speak on an amendment at the discretion of the convener or, as the case may be, the Presiding Officer.

16.  If a member who has given notice of an amendment does not move the amendment when that amendment comes to be disposed of, the amendment may be moved by any other member present at those proceedings. 

17.  An amendment may be withdrawn by the member who moved it, but only if no member present at those proceedings objects.

Rule 9C.15 Crown consent

1.  Where a Hybrid Bill contains provisions, or is amended so as to include provisions, which would, if the Bill were a Bill for an Act of the United Kingdom Parliament, require the consent of Her Majesty, the Prince and Steward of Scotland or the Duke of Cornwall, the Parliament shall not debate any question whether the Bill be passed or approved unless such consent to those provisions has been signified by a member of the Scottish Executive during proceedings on the Bill at a meeting of the Parliament.

Rule 9C.16 Financial Resolutions

1.  A resolution under this Rule is referred to as “a Financial Resolution”.

2.  The Presiding Officer shall decide in every case whether a resolution is required for a Hybrid Bill under paragraph 3 or 4 of this Rule.

3.  Where a Hybrid Bill contains provisions—

(a)  which charge expenditure on the Scottish Consolidated Fund, or

(b)  the likely effect of which would be to—

(i)  increase significantly expenditure charged on that Fund;

(ii)  give rise to significant expenditure payable out of that Fund for a new purpose; or

(iii)  increase significantly expenditure payable out of that Fund for an existing purpose,

no proceedings may be taken on the Hybrid Bill at any Stage after Stage 1 unless the Parliament has by resolution agreed to the expenditure or the increase in expenditure being charged on or, as the case may be, payable out of that Fund.

4.  Where—

(a)  a Hybrid Bill contains provisions which impose or increase (or confer a power to impose or increase) any charge, or otherwise require (or confer a power to require) any payment to be made; and

(b)  the person to whom the charge or payment is payable is required, by or under any enactment, to pay sums received into the Scottish Consolidated Fund (or would be so required but for any provision made by or under an Act of the Scottish Parliament),

no proceedings may be taken on the Hybrid Bill at any Stage after Stage 1 unless the Parliament has by resolution agreed to the charge, increase or payment.

5.  Paragraph 4—

(a)  applies only where the charge, increase in charge or payment is significant; and

(b)  does not apply where the charge, increase in charge or payment is—

(i)  in respect of the provision of goods and is reasonable in relation to the goods provided; or

(ii)  wholly or largely directed to the recovery of the cost of providing any service for which the charge is imposed or the payment requires to be made.

6.  Where the effect of an amendment (or amendments) to a Hybrid Bill, if agreed to, would be that the Hybrid Bill would require a resolution under this Rule which it would not otherwise require, no proceedings may be taken on the amendment (or amendments) unless the Parliament has agreed to a motion for such a resolution.

7.  Only the member in charge of the Hybrid Bill or another member of the Scottish Executive or a junior Scottish Minister may give notice of a motion for a Financial Resolution. The motion may be moved only by the member in charge of the Hybrid Bill, another member of the Scottish Executive or junior Scottish Minister, whether or not he or she has given notice of it or indicated support for it. Such a motion may not be amended.

8.  Unless—

(a)  notice of a motion for any resolution required in relation to a Hybrid Bill by paragraph 3 or 4 is given within 6 months of the completion of Stage 1; and

(b)  the motion is agreed to,

the Hybrid Bill falls.

Rule 9C.17 Withdrawal of Hybrid Bills

1.  A Hybrid Bill may be withdrawn at any time by the member in charge but shall not be withdrawn after completion of Stage 1 except with the agreement of the Parliament.

CHAPTER 10

SUBORDINATE LEGISLATION PROCEDURE

Rule 10.1 Laying of instruments

1. Where, by virtue of any enactment, any instrument or a draft of any instrument made in the exercise of a power to make, confirm or approve subordinate legislation is required to be laid before the Scottish Parliament, the lodging of a copy of the instrument or the draft with the Clerk at any time when the office of the Clerk is open shall be treated for all purposes as being the laying of it before the Parliament.

2. The Clerk may require the person laying the instrument or draft instrument to provide such additional copies as he or she considers necessary.

3. Where any instrument or draft instrument is laid before the Parliament, the Clerk shall give members notice of that fact in accordance with Rule 10.9 and shall refer the instrument or draft instrument to the lead committee and to the Subordinate Legislation Committee for consideration, unless the Parliament, on a motion of the Parliamentary Bureau, decides that the instrument or draft instrument is to be considered by the Parliament.

Rule 10.2 Lead committee

1. The lead committee is the committee within whose remit the subject matter of the instrument falls.

2. Where the subject matter of the instrument falls within the remit of more than one committee, the Parliament may, on a motion of the Parliamentary Bureau designate one committee to be the lead committee. Copies of the instrument or draft instrument shall be sent to the other committees which may also consider the instrument or draft instrument and make any recommendations they consider necessary to the lead committee by a date specified in the business programme.

Rule 10.3 Subordinate Legislation Committee

1. In considering the instrument or draft instrument, the Subordinate Legislation Committee shall determine whether the attention of the Parliament should be drawn to the instrument on the grounds-

(a) that it imposes a charge on the Scottish Consolidated Fund or contains provisions requiring payments to be made to that Fund or any part of the Scottish Administration or to any local or public authority in consideration of any licence or consent or of any services to be rendered, or prescribes the amount of any such charge or payment;

(b) that it is made in pursuance of any enactment containing specific provisions excluding it from challenge in the courts, on all or certain grounds, either at all times or after the expiration of a specific period or that it contains such provisions;

(c) that it purports to have retrospective effect where the parent statute confers no express authority so to provide;

(d) that there appears to have been unjustifiable delay in the publication or in the laying of it before the Parliament;

(e) that there appears to be a doubt whether it is intra vires;

(f) that it raises a devolution issue;

(g) that it has been made by what appears to be an unusual or unexpected use of the powers conferred by the parent statute;

(h) that for any special reason its form or meaning could be clearer;

(i) that its drafting appears to be defective;

or on any other ground which does not impinge on its substance or on the policy behind it.

2. The Committee shall report its decision with its reasons in any particular case to the Parliament and to the lead committee. It shall do so normally no later than 20 days, and in any event no later than 22 days, after the instrument or draft instrument is laid.

Rule 10.4 Motion for annulment

1. In the case of any instrument which is subject to annulment in pursuance of a resolution of the Parliament, any member (whether or not a member of the lead committee) may, not later than 40 days after the instrument is laid, by motion propose to the lead committee that the committee recommend that nothing further is to be done under the instrument.

2. In addition to the provisions of Rule 12.2.2, that member and the member of the Scottish Executive or junior Scottish Minister in charge of the instrument, if not members of the lead committee, are entitled to attend the committee and participate in the proceedings for the purpose of debating the motion but may not vote. The debate on the motion shall last no more than 90 minutes.

3. The lead committee shall report to the Parliament on the instrument setting out its recommendations, taking into account any recommendations made by any other committee. It shall do so no later than 40 days after the instrument is laid.

4. If the lead committee makes a recommendation as mentioned in paragraph 1, the Parliamentary Bureau shall, no later than 40 days after the instrument is laid, by motion propose that nothing further is to be done under the instrument. Only the member moving the motion and the member of the Scottish Executive or junior Scottish Minister in charge of the instrument may speak in any debate on such a motion. Each such person may speak for no more than 3 minutes.

Rule 10.5 Motion that a draft instrument be not made or submitted

1. In the case of any draft instrument laid before the Parliament where the instrument may be made without the approval of the Parliament, any member (whether or not a member of the lead committee) may, no later than 40 days after the draft instrument is laid, by motion propose to the lead committee that the committee recommend that the instrument be not made (or, in the case of a draft Order in Council, be not submitted to Her Majesty in Council).

2. In addition to the provisions of Rule 12.2.2, that member and the member of the Scottish Executive or junior Scottish Minister in charge of the draft instrument, if not members of the lead committee, are entitled to attend the committee and participate in the proceedings for the purpose of debating the motion but may not vote. The debate on the motion shall last no more than 90 minutes.

3. The lead committee shall report to the Parliament on the draft instrument setting out its recommendations, taking into account any recommendations made by any other committee. It shall do so no later than 40 days after the instrument is laid.

4. If the lead committee recommends that the instrument be not made or, as the case may be, be not submitted to Her Majesty in Council, the Parliamentary Bureau shall, no later than 40 days after the draft instrument is laid, by motion propose that the instrument be not made or, as the case may be, be not submitted to Her Majesty in Council. Only the member moving the motion and the member of the Scottish Executive or junior Scottish Minister in charge of the draft instrument may speak in any debate on such a motion. Each such person may speak for no more than 3 minutes.

Rule 10.6 Motion for approval

1. In the case of any instrument or draft instrument laid before the Parliament where the instrument or draft instrument-

(a) cannot be made;

(b) cannot come into force; or

(c) cannot remain in force beyond a stated period,

unless the Parliament by resolution approves the instrument or draft, the lead committee shall decide whether to recommend that the instrument or draft instrument be approved.

2. Any member of the Scottish Executive or junior Scottish Minister (whether or not a member of the lead committee) may by motion propose to the lead committee that the committee recommend that the instrument or draft instrument be approved.

3. In addition to the provisions of Rule 12.2.2, that member and the member of the Scottish Executive in charge of the instrument or draft instrument, if not members of the lead committee, are entitled to attend the committee and participate in the proceedings for the purposes of debating any such motion but may not vote. The debate on the motion shall last no more than 90 minutes.

4. The lead committee shall report to the Parliament on the draft instrument setting out its recommendations, taking into account any recommendations made by any other committee. It shall do so no later than 40 days after the instrument is laid or, in the case of an instrument falling within paragraph 1(c), by the end of the stated period.

5. If the lead committee recommends that the draft instrument be approved, the Parliamentary Bureau shall by motion propose that the Parliament approve the instrument. Only the member moving the motion, the member of the Scottish Executive or junior Scottish Minister in charge of the draft instrument (if he or she is not the member moving the motion) and one speaker against the motion may speak in any debate on the motion. Each such person may speak for no more than 3 minutes.

Rule 10.7 Instruments considered by the Parliament

1. Where the Parliament has decided that an instrument or draft instrument laid before the Parliament be considered by the Parliament, any member may give notice of and move the relevant motion in relation to that instrument or draft instrument, as provided for in Rule 10.4.4, 10.5.4 or 10.6.5, within any relevant time limit set by that Rule. The debate on the motion shall last no more than 90 minutes.

Rule 10.8 Withdrawal of instruments

1. An instrument or draft instrument laid before the Parliament may be withdrawn at any time by the member of the Scottish Executive or junior Scottish Minister in charge of it.

Rule 10.9 Notice of instruments and draft instruments

1. The Clerk shall ensure that notice of any instrument or draft instrument laid before the Parliament is published in the Business Bulletin. The notice shall give the title of the instrument or draft instrument.

Rule 10.10 Application to other documents

1. The Rules in this Chapter shall also apply, except for a pension or grants motion for which specific provision is made in Rule 8.11A, with such modifications as are appropriate, to any report, guidance, code of practice or other document laid before the Parliament which is subject to any form of Parliamentary control having the same or equivalent effect to those mentioned in Rules 10.4.1, 10.5.1 and 10.6.1.

Rule 10.11 Calculation of days

1. In calculating for the purposes of this Chapter any period of 20 days or 40 days, no account shall be taken of any time during which the Parliament is dissolved or is in recess for more than 4 days.

CHAPTER 11

DECISIONS AND VOTING

Rule 11.1 Decisions of the Parliament

1. All decisions of the Parliament shall be taken by resolution.

2. A matter requiring a decision of the Parliament shall be decided by a question being put to a meeting of the Parliament by the Presiding Officer on a motion or amendment being moved by a member. The question shall be that the motion or amendment be agreed to.

3. Where any question requires to be put to the Parliament, it shall be put in accordance with Rules 11.2 to 11.4.

Rule 11.2 Decision Time

1. Except as provided in Rule 11.3, the Presiding Officer shall put any question in relation to a motion or amendment during Decision Time on the day on which the motion or amendment is moved.

2. Decision Time is the period which normally begins at 17:00 where a meeting of the Parliament is held on Monday, Tuesday, Wednesday or Thursday and at 12:00 where a meeting of the Parliament is held on Friday and which ends when every decision which is to be taken during Decision Time has been taken.

3. Normally, Decision Time shall end not later than 30 minutes after it begins but, in accordance with Rule 2.2.6(a), it may continue in order to complete any voting which is not adjourned to a later meeting under paragraph 5.

4. The Parliament may, on a motion of the Parliamentary Bureau, decide that Decision Time on a particular day or days shall begin at a time other than that mentioned in paragraph 2.

5. The Parliament may, on a motion of any member moved without notice not more than 30 minutes after the beginning of Decision Time, decide that decisions which have not been taken by the time the motion is moved are to be taken at a later meeting of the Parliament. Members shall be notified of the day and time when such decisions are to be taken.

6. Where-

(a) a motion is listed on the daily business list for consideration before Decision Time; but

(b) that motion has not been moved before Decision Time begins,

the Presiding Officer may allow the motion, and any amendment to it, to be moved at the beginning of Decision Time.

Rule 11.3 Decisions at times other than Decision Time

1. In the following cases the Presiding Officer shall, subject to paragraph 3, put the question immediately after he or she has closed the debate on the motion in relation to that question or, if there is no debate on the motion, immediately after the motion is moved-

(a) a motion seeking the agreement of the Parliament to the First Minister's recommendation for the appointment of a person as Lord Advocate or Solicitor General for Scotland under Rule 4.3 or for the removal of a person as Lord Advocate or Solicitor General for Scotland under Rule 4.4;

(b) a motion seeking the agreement of the Parliament that a person be appointed a Minister under Rule 4.6 or a junior Scottish Minister under Rule 4.7;

(c) a business motion;

(d) a motion for the closure or extension of a debate;

(e) a motion for the adjournment of a debate;

(ea) a motion under Rule 9.6.3A that is moved on the day the general principles of the Bill referred to in the motion are to be considered;

(f) a motion under Rule 9.6.5;

(fa) a motion under Rule 9A.8.9;

(fb) a motion under Rule 9C.10.13;

(g) a motion under Rule 9.8.5, 5C or 6;

(ga) a motion under Rule 9A.10.5 to determine the order in which amendments are to be disposed of or to adjourn the remaining Final Stage proceedings on a Private Bill, or a motion under Rule 9A.10.6;

(gb) a motion under Rule 9C.12.6 to determine the order in which amendments are to be disposed of, or a motion under Rule 9C.12.9 or Rule 9C.12.11;

(h) a motion under Rule 9.21.1 or any motion in relation to an Emergency Bill;

(i) a motion for the exclusion of a member;

(j) a motion for the adjournment or closure of a meeting of the Parliament;

(k) a Members' Business motion moved after Decision Time; and

(l) a motion taken after 17:30 at a meeting of the Parliament in respect of which the Parliament has taken a decision under Rule 2.2.4.

2. If an amendment to a Bill is moved, the Presiding Officer shall put the question on that amendment immediately after any debate on that amendment or, if the amendment has already been debated, immediately after the amendment is moved.

3. Decisions may, at the discretion of the Presiding Officer, be taken at a time other than Decision Time or the times mentioned in paragraphs 1 and 2. Members shall be notified of any such time.

Rule 11.4 Order in which questions are put

1. At Decision Time or any alternative time mentioned in Rule 11.3, questions on motions shall be put in the order in which the motions were moved.

2. Questions on amendments to a motion shall be put in the order in which those amendments were moved. The Presiding Officer shall, before putting the question under paragraph 1, put, in turn, each question that an amendment to the motion be agreed to.  But the Presiding Officer shall not put the question on an amendment that has, in his or her opinion, been pre-empted by the Parliament’s earlier agreement to another amendment to the same motion.

3. If any member disagrees with the question put under paragraph 1 or 2 or Rule 11.3.2, or if the Presiding Officer asks members to cast their votes again under Rule 11.7.3, there shall immediately be a division.

4. The provisions of this Rule shall apply to amendments to amendments with such modifications as are appropriate.

Rule 11.5 Right to vote

1. Only members have a right to vote at a meeting of the Parliament. A member is not obliged to vote.

2. A member shall vote only in person and shall not vote on behalf of any other member.

3. A member may vote although he or she did not hear the question put.

4. A member shall vote only once on any question except where the Presiding Officer asks members to cast their votes again under Rule 11.7.3.

5. Except in the case of a vote at an election or a selection process under Rule 11.9 or 11.10 the Presiding Officer shall exercise a casting vote in the event of a tie in any vote at a meeting of the Parliament, but he or she shall not otherwise vote in the Parliament.

Rule 11.6 Divisions

1. A division shall be held where it is required by Rule 11.4.3 or 11.8.2 and shall be conducted in accordance with the following provisions.

2. The Presiding Officer shall repeat the question. The Presiding Officer shall then ask members to vote within a specified period of time.

3. Once the Presiding Officer has repeated the question, no-one except the Presiding Officer may speak until the Presiding Officer has declared that the specified period of time has ended.

4. Points of order concerning the validity of the division may be raised only after the Presiding Officer has declared that the specified period of time has ended.

5. The Presiding Officer shall establish the numerical result of the division and shall announce the numbers of votes for and against and the number of votes to abstain.

6. In the event of a tie, the Presiding Officer shall exercise his or her casting vote.

Rule 11.7 Manner of voting

1. Normally members shall vote at a meeting of the Parliament or of a Committee of the Whole Parliament using the electronic voting system.

2. If it appears to the Presiding Officer that the electronic voting system cannot be used for any reason, a roll call vote, or a vote in accordance with such other manner of voting as the Presiding Officer may decide, shall be held.

3. If it appears to the Presiding Officer that the electronic voting system has produced an unreliable result, he shall ask members to cast their votes again in accordance with any manner of voting the Presiding Officer considers appropriate.

4. In a roll call vote, the roll shall be called in alphabetical order. Voting shall be by word of mouth and shall be expressed by "Yes", "No" or "Abstain".

Rule 11.8 Committees

1. Subject to paragraph 2, the convener of a committee or sub-committee shall determine the time at which members shall take a decision on any item of business.

2. If an amendment to a Bill is moved, the convener shall put the question on that amendment immediately after any debate on that amendment or, if the amendment has already been debated, immediately after the amendment is moved. If any member disagrees with the question put under this paragraph, there shall immediately be a division.

3. Except as provided in any direction given to a committee by the Parliament, members of a committee (other than a Committee of the Whole Parliament) or sub-committee shall vote by show of hands unless, before they do so, a member of the committee or sub-committee requests a roll call vote, as described in Rule 11.7.4, and the convener agrees to that request.

4. Rule 11.5 applies where members vote in a committee or sub-committee except that-

(a) only members of the committee or sub-committee may vote in that committee or sub-committee, as the case may be; and

(b) the convener of a committee or sub-committee may vote and shall also exercise a casting vote in the event of a tie.

5. Rules 11.4, 11.6 and 11.11 shall apply to the taking of decisions at meetings of committees and sub-committees as they apply to the taking of decisions at meetings of the Parliament, with such modifications as are appropriate.

Rule 11.9 Election of the Presiding Officer and deputy Presiding Officers

1. This Rule applies to any election of the Presiding Officer or any deputy Presiding Officer to be held by virtue of Rule 3.2 or 3.3.

2. The vote at an election shall be by secret ballot and shall be held during the voting period appointed under Rule 3.2 or 3.3. Where there is more than one candidate, there may be more than one round of voting in accordance with paragraphs 7 to 12.

3. The result of any vote under this Rule is valid only if the number of members who voted is more than one quarter of the total number of seats for members. For this purpose, in calculating the number of members who voted-

(a) account shall be taken not only of those voting for or against a candidate, but also of those voting to abstain; and

(b) where there is more than one round of voting the result of each round of voting shall be treated as a separate result and the number of members who voted shall be taken to be the total number who voted in that round.

If the result of any vote at an election is invalid under this Rule, no candidate shall be elected at that election.

4. Each candidate may appoint a member to act as a scrutineer on his or her behalf. Each scrutineer may monitor the counting of votes by the Clerk and may request the Clerk to perform a count again. The Clerk may refuse such a request only if he or she considers it unreasonable.

5. Any member may, at the beginning of a round of voting, obtain a ballot paper from the Clerk. Any member who obtains a ballot paper shall immediately mark his or her vote on that ballot paper and then put the ballot paper in the ballot box provided for that purpose by the Clerk. That member may not thereafter obtain another ballot paper or vote during that round of voting.

6. Where there is only one candidate in a round of voting, a member may vote for or against that candidate or to abstain. At the completion of that round of voting the Clerk shall count the votes and inform the person chairing the meeting of the number of votes for the candidate, the number of votes against the candidate and the number of votes to abstain. The candidate shall be elected if he or she obtains a simple majority of votes in his or her favour.

7. Where there is more than one candidate in a round of voting, a member may vote for one of those candidates or to abstain. At the completion of each round of voting in which there is more than one candidate, the Clerk shall count the votes and inform the person chairing the meeting of the number of votes for each candidate and the number of votes to abstain.

8. Where there are 2 candidates in a round of voting, a candidate shall be elected if he or she obtains a simple majority of votes in his or her favour.

9. Where there are more than 2 candidates in a round of voting and the number of votes for one candidate exceeds the total number of votes for all the other candidates, that candidate shall be elected.

10. Where there are more than 2 candidates in a round of voting but no candidate is elected under paragraph 9, the candidate or candidates with the smallest number of votes shall be eliminated and there shall then be a further round or rounds of voting until-

(a) a candidate is elected in accordance with paragraph 6, 8 or 9;

(b) paragraph 11 applies; or

(c) the result of any vote is invalid under this Rule.

11. Where in any round of voting the candidates all receive the same number of votes no candidate shall be elected at that election.

12. A candidate may withdraw his or her candidature at any stage between the rounds of voting mentioned in paragraphs 7 to 10.

13. In counting the votes, the Clerk may disregard any ballot paper if, in his or her opinion, it does not clearly indicate the voter's choice.

14. When a candidate has been elected in accordance with this Rule the person chairing the meeting shall announce the name of the candidate who has been elected. He or she shall also announce-

(a) after the count in a case where the provisions of paragraph 6 apply, the number of votes for and against the candidate and the number of votes to abstain; and

(b) after the count in any other case, the number of votes for each candidate, the number of votes to abstain and the name of any candidate who has been eliminated at that round.

15. Where no candidate is elected at an election held in accordance with this Rule, the person chairing the meeting shall announce that fact and arrange for another election to be held as soon as possible. The Clerk shall notify members of the day and time appointed for the voting period at that election.

16. Following a declaration that a candidate has been elected or that no candidate has been elected, the Clerk shall destroy all the ballot papers.

Rule 11.10 Selection of the First Minister

1. This Rule applies to the selection of a nominee for appointment as First Minister to be held by virtue of Rule 4.1 ("the selection process"). Where this Rule applies, the procedure for the selection process shall be as follows.

2. Voting under this Rule shall be held using the electronic voting system and shall be held during the voting period appointed under Rule 4.1. If it appears to the Presiding Officer that the electronic voting system cannot be used for any reason or that it has produced an unreliable result, he or she shall ask members to cast their votes again in a paper ballot of members, a roll call vote, or in accordance with any manner of voting the Presiding Officer considers appropriate. Where there is more than one candidate, there may be more than one round of voting in accordance with paragraphs 6 to 11.

3. A member may vote only once in a round of voting except where the Presiding Officer asks members to cast their votes again under paragraph 2.

4. The result of any vote under this Rule is valid only if the number of members who voted is more than one quarter of the total number of seats for members. For this purpose, in calculating the number of members who voted-

(a) account shall be taken not only of those voting for or against a candidate, but also of those voting to abstain; and

(b) where there is more than one round of voting, the result of each round of voting shall be treated as a separate result and the number of members who voted shall be taken to be the total number who voted in that round.

If the result of any vote at a selection process is invalid under this Rule, no candidate shall be selected at that selection process.

5. Where there is only one candidate in a round of voting, a member may vote for or against that candidate or to abstain. At the completion of that round of voting, the Presiding Officer shall establish the number of votes for the candidate, the number of votes against the candidate and the number of votes to abstain. The candidate shall be selected if he or she obtains a simple majority of votes in his or her favour.

6. Where there is more than one candidate in a round of voting, a member may vote in accordance with the following procedure-

(a) the Presiding Officer shall read out the names of all the candidates;

(b) he or she shall then read out the name of each candidate in turn, in alphabetical order;

(c) after each name is read out, those members who wish to vote for that candidate shall cast their votes;

(d) when the votes for the last candidate have been cast, members shall be given an opportunity to vote to abstain.

At the completion of each round of voting in which there is more than one candidate, the Presiding Officer shall establish the number of votes for each candidate and the number of votes to abstain.

7. Where there are 2 candidates in a round of voting, a candidate shall be selected if he or she obtains a simple majority of votes in his or her favour.

8. Where there are more than 2 candidates in a round of voting and the number of votes for one candidate exceeds the total number of votes for all the other candidates, that candidate shall be selected.

9. Where there are more than 2 candidates in any round of voting but no candidate is selected under paragraph 8, the candidate or candidates with the smallest number of votes shall be eliminated and there shall then be a further round or rounds of voting until-

(a) a candidate is selected in accordance with paragraph 5, 7 or 8;

(b) paragraph 10 applies; or

(c) the result of any vote is invalid under this Rule.

10. Where in any round of voting the candidates all receive the same number of votes no candidate shall be selected at that selection process.

11. A candidate may withdraw his or her candidature at any stage between the rounds of voting mentioned in paragraphs 6 to 10.

12. When a candidate has been selected in accordance with this Rule the person chairing the meeting shall announce the name of the candidate who has been selected. He or she shall also announce-

(a) in a case where the provisions of paragraph 5 apply, the number of votes for and against the candidate and the number of votes to abstain; and

(b) in any other case, the number of votes for each candidate and the name of any candidate who has been eliminated at that round.

13. Where no candidate is selected at a selection process held in accordance with this Rule, the Presiding Officer shall announce that fact and arrange for another selection process to be held as soon as possible. The Clerk shall notify members of the day and time appointed for the voting period at that selection process.

Rule 11.10A Election of members of the Parliamentary corporation

1. This Rule applies to the election of members of the Parliamentary corporation to be held by virtue of Rule 3.7. Where this Rule applies, the procedure for the election process shall be as follows.

2. Voting under this Rule shall be held using the electronic voting system and shall be held on the date and time appointed under Rule 3.7. If it appears to the Presiding Officer that the electronic voting system cannot be used for any reason or that it has produced an unreliable result, he or she shall ask members to cast their votes again in a paper ballot of members, a roll call vote, or in accordance with any manner of voting the Presiding Officer considers appropriate.

3. A member may vote only once in each round of voting except where the Presiding Officer asks members to cast their votes again under paragraph 2.

4. The result of any vote under this Rule is valid only if the number of members who voted is more than one quarter of the total number of seats for members. For this purpose, in calculating the number of members who voted-

(a) account shall be taken not only of those voting for or against a candidate, but also of those voting to abstain; and

(b) where there is more than one round of voting the result of each round of voting shall be treated as a separate result and the number of members who voted shall be taken to be the total number who voted in that round.

If the result of any vote at an election is invalid under this Rule, no candidate shall be elected at that election.

5. Where the number of candidates for election is greater than the number of vacancies, the procedure and voting shall be in accordance with paragraphs 7 to 12.

6. In any other case, the procedure and voting shall be in accordance with paragraphs 13 to 16.

7. Where paragraph 5 applies, a member may vote in accordance with the following procedure-

(a) the Presiding Officer shall read out the names of all the candidates;

(b) he or she shall then read out the name of each candidate in turn, in alphabetical order;

(c) after each name is read out, those members who wish to vote for that candidate shall cast their votes;

(d) when the votes for the last candidate have been cast, members shall be given an opportunity to abstain.

At the completion of each round of voting the Presiding Officer shall establish the number of votes for each candidate and the number of votes to abstain.

8. Where there are 2 candidates in a round of voting a candidate shall be elected if he or she obtains a simple majority of votes in his or her favour.

9. Where there are more than 2 candidates in any round of voting and the number of votes for one candidate exceeds the total number of votes for all the other candidates, that candidate shall be elected.

10. Where there are more than 2 candidates in any round of voting, but no candidate is elected under paragraph 9, the candidate with the lowest number of votes shall be eliminated.

11. Where in any round of voting the candidates all receive the same number of votes, or the result of the vote is invalid under this Rule, no candidate shall be elected or eliminated at that round.

12. There shall then be a further round or rounds of voting in accordance with paragraphs 7 to 11 until either-

(a) a candidate has been elected to each of the vacancies; or

(b) the number of candidates remaining is equal to the number of vacancies remaining, in which case the procedure and voting shall continue in accordance with paragraphs 13 to 16.

13. Where paragraph 6 or 12(b) applies, the Presiding Officer shall invite members to agree that there be a single vote to elect all the candidates. If any member disagrees, further procedure and voting shall be in accordance with paragraphs 14 to 16. If all members are in agreement that there should be a single vote, the Presiding Officer shall read out the names of the candidates. After all the names are read out, a member may vote for or against the candidates or to abstain. The candidates shall be elected if there is a simple majority of votes in favour of their election. The candidates shall be eliminated from the election if there is not a simple majority of votes in favour of their election.

14. Where by virtue of paragraph 13 further procedure and voting is required, a member may vote in accordance with the following procedure-

(a) the Presiding Officer shall read out the name of the candidate whose name is alphabetically first; and

(b) after the name is read out, a member may vote for or against that candidate or to abstain.

At the completion of the vote the Presiding Officer shall establish the number of votes for the candidate, against the candidate or to abstain.

15. The candidate shall be elected if he or she obtains a simple majority of votes in his or her favour. The candidate shall be eliminated from the election if he or she does not obtain a simple majority of votes in his or her favour.

16. The procedure in paragraph 14 shall be repeated for each of the remaining candidates in turn until each of them has either been elected or eliminated.

17. A candidate may withdraw his or her candidature at any stage between the rounds of voting or votes as mentioned in paragraphs 7 to 16.

18. At the end of every round of voting or vote, the Presiding Officer shall announce-

(a) in a case where paragraphs 7 to 12 apply-

(i) the number of votes for each candidate in that round;

(ii) the number of votes to abstain; and

(iii) the name of any candidate who has been elected or eliminated in that round;

(b) in a case where paragraphs 13 to 16 apply-

(i) the number of votes for and against the candidates and the number of votes to abstain; and

(ii) whether the candidates have been elected or eliminated.

19. Where the total number of vacancies are not filled during an election held in accordance with this Rule, the Presiding Officer shall announce that fact and the Parliament shall hold a further election under Rule 3.7.

20. In this Rule any reference to a vacancy shall include a reference to an appointed member to be elected in accordance with Rule 3.7.1.

Rule 11.11 Simple and absolute majority

1. Any decision of the Parliament shall, if taken by division, require a simple majority unless otherwise expressly stated in any enactment or in these Rules.

2. A simple majority means that the number of members voting for a proposition is more than the number of members voting against that proposition. No account shall be taken of any members who vote to abstain.

3. An absolute majority means that the number of members voting for a proposition is more than half of the total number of seats for members of the Parliament or, in the case of a committee or sub-committee, more than half of the number of members of that committee or sub-committee.

CHAPTER 12

COMMITTEE PROCEDURES

Rule 12.1 Conveners of committees

1. Each committee shall have a convener who shall convene and chair the meetings of the committee.

2. The Parliament shall decide, for each committee, on a motion of the Parliamentary Bureau-

(a) the political party whose members shall be eligible to be convener of the committee; or

(b) that the convener shall be chosen from the members not representing any political party.

3. The Parliament may, on a motion of the Parliamentary Bureau, decide that all committees shall have a deputy convener.

4. If the Parliament decides that all committees shall have a deputy convener, the Parliament shall decide, for each committee, on a motion of the Parliamentary Bureau-

(a) the political party whose members shall be eligible to be deputy convener of the committee; or

(b) that the deputy convener shall be chosen from the members not representing any political party.

5. In making a proposal under paragraph 2 or 4, the Parliamentary Bureau shall have regard to the balance of political parties in the Parliament.

6. At the first meeting of a committee after it is established by the Parliament, members of the committee shall choose a convener. That meeting shall be chaired by the Oldest Committee Member until a convener is chosen. Once a convener is chosen, he or she shall take the chair.

7. The convener of a committee shall be a member of that committee (other than a committee substitute) who shall be chosen in accordance with the decision of the Parliament under paragraph 2.

8. The convener of a committee shall hold office for the duration of the committee unless-

(a) he or she resigns from that office by intimating his or her resignation to the Clerk;

(b) he or she is removed from that office by a decision taken by an absolute majority of the committee on a motion under paragraph 8A; or

(c) he or she ceases to be a member of the Parliament or of that committee otherwise than by virtue of a dissolution.

8A. A member of a committee may by motion propose that the convener of the committee be removed from office.

8B. Where notice of such a motion has been given and it has received the support of at least one other member of the committee, it shall be placed on the agenda for, and taken at, the first meeting of the committee that is at least 2 days after the day on which it received the necessary support (excluding any days when the office of the Clerk is not open).

9. Where the convener of a committee ceases to hold office, the committee shall choose another member of the committee (other than a committee substitute) to be the convener in accordance with the decision of the Parliament under paragraph 2. If it is not possible for the committee to choose a convener in accordance with that decision, the Parliament shall, on a motion of the Parliamentary Bureau, make a further decision under paragraph 2 in relation to the committee, and the choice of a convener in accordance with paragraph 7 shall proceed accordingly.

10. Where, in accordance with a decision of the Parliament under paragraph 3, a committee is to have a deputy convener, that person shall be a member of that committee (other than a committee substitute) who is chosen by the members of that committee in accordance with the decision of the Parliament under paragraph 4. Paragraphs 8, 8A, 8B and 9 shall apply to the deputy convener of a committee as they apply to the convener of a committee with such modifications as are appropriate. Where a deputy convener carries out the functions of a convener he or she shall have all the functions of a convener under these Rules for that purpose.

11. Where a committee does not have a deputy convener, or where the deputy convener is not available for any meeting of the committee, or leaves the chair for part of any meeting, or is at any time other than at a meeting of a committee unable to act as deputy convener, the functions of deputy convener shall, so far as required by this Rule, be carried out by a Temporary Convener chosen under paragraph 15. When a Temporary Convener carries out the functions of a deputy convener he or she shall have all the functions of a convener under these Rules for that purpose.

12. Where the convener is not available for any meeting of the committee, or leaves the chair for part of any meeting, that meeting, or that part of the meeting, shall be chaired by the deputy convener. Where at any time other than during a meeting of a committee a convener is unable to act as convener, the deputy convener shall carry out the functions of the convener.

13. Where the office of convener is vacant, a meeting of the committee shall be convened by the deputy convener and that meeting shall be chaired by the deputy convener for the purpose of choosing a convener.

14. When the deputy convener or the Oldest Committee Member chairs a meeting or part of a meeting of a committee, he or she shall have all the functions of a convener under these Rules for the purposes of conducting the business of that meeting or that part of a meeting.

15. Any reference to a Temporary Convener is to a member of a committee (other than a committee substitute) chosen under this paragraph. Where a committee does not have a deputy convener or in the other circumstances detailed in paragraph 11, a Temporary Convener shall be chosen by a committee at a meeting of the committee-

(a) where the convener is not available for any meeting or leaves the chair for part of any meeting; or

(b) where at any time other than at a meeting of a committee a convener is unable to act as convener and the oldest member of the committee (other than a committee substitute) considers it necessary that a Temporary Convener be appointed.

16. For the purpose of choosing a Temporary Convener under-

(a) paragraph 15(a), the meeting shall be chaired by the convener or Oldest Committee Member; or

(b) paragraph 15(b), the meeting shall be convened by the oldest member of the committee (other than a committee substitute) and shall be chaired by the Oldest Committee Member.

17. When a Temporary Convener is chosen by a committee, he or she shall take the chair and shall exercise all functions of the convener of that committee until the convener or, where the committee has a deputy convener, the deputy convener is again able to act.

18. When the oldest member of a committee convenes a meeting of a committee, he or she shall have all the functions of a convener under these Rules for that purpose.

19. Any reference to the Oldest Committee Member means the oldest member of the committee other than a committee substitute-

(a) who is present at any meeting; and

(b) who has indicated to the Clerk that he or she agrees to chair the meeting.

20. This Rule is subject to any other Rule making express provision about conveners of committees.

Rule 12.2 Procedure in committee

1. A committee shall not commence consideration of any business or vote if the number of committee members present (including the convener or deputy convener if he or she is in the chair) is fewer than 3.

2. Any member of the Parliament may attend any meeting, or part of a meeting, of any committee held in public, but if he or she—

(a) is not a member of the committee;

(b) is a member of the committee and a committee substitute is attending in his or her place; or

(c) is a member of the committee but is prevented from exercising the rights of a committee member by Rule 9.13A,

he or she may participate in the proceedings of the committee only if invited to do so by the convener and may not vote.

3. Where a committee, except a Private Bill Committee or a Hybrid Bill Committee, is considering any of the business mentioned in Rule 6.2.2(b), (c) or (d), the following persons (if not members of the committee) shall be entitled to participate in the proceedings of the committee but may not vote, namely-

(a) in the case of a Bill, the member in charge of the Bill; and

(b) in the case of a Bill that is not an Executive Bill or in the case of any other business, the member of the Scottish Executive or junior Scottish Minister who has general responsibility for the subject matter with which the business is concerned.

Rule 12.2A  Participation by committee substitutes

1.  Where a committee member—

(a) is unavailable for a committee meeting (or any committee activity taking place other than at a meeting) because of illness, family circumstances, adverse travel conditions beyond the member’s control, a requirement to attend to other Parliamentary business or urgent constituency business; or

(b) has ceased to hold that office and a replacement committee member has yet to be appointed,

a committee substitute from the same political party may, subject to Rule 9.13A, participate in place of that member.

2.  Where a committee member is prevented by Rule 9.13A from participating in that capacity in the consideration by the committee of a proposal or Bill, a committee substitute from the same political party or a Bill substitute may, subject to Rule 9.13A, participate in place of that member in that consideration.

3.  Where a substitute participates in place of a committee member in a committee meeting (or other committee activity) under—

(a) paragraph 1(a), the committee member may not also participate in that capacity during any part of the same committee meeting (or activity);

(b) paragraph 2, the committee member may participate in that capacity during any other part of the same meeting (or activity) which does not involve consideration of the proposal or Bill.

4.  Where a substitute participates in the work of a committee by virtue of paragraph 1 or 2, he or she shall (except where these Rules expressly provide otherwise)—

(a) have all the functions of a committee member, including the right to attend and participate in committee meetings (or parts of meetings) held in private and the right to a vote in any division; and

(b) be regarded as a committee member for the purposes of these Rules.

5.  Where a substitute participates in place of a committee member who holds the office of convener, deputy convener or Temporary Convener, the substitute shall not have any of the functions of that office.

Rule 12.3 Committee meetings

1. A committee shall meet to consider such business on such days and at such times as it may from time to time decide, subject to any timetable specified in the business programme. The convener shall notify the Clerk, and the Clerk shall notify members in the Business Bulletin, of the agenda for each meeting.

2. A committee shall meet in Scotland at such place as it may decide, with the approval of the Parliamentary Bureau and the Conveners Group. A decision under this Rule shall, in the event of any disagreement between the Parliamentary Bureau and the Conveners Group, be referred to the Parliamentary corporation for a determination. The Parliamentary Bureau may require the Conveners Group to make a decision under this Rule within a specified period. If the Conveners Group does not make a decision within that period, the decision on the approval shall be made by the Parliamentary Bureau.

3. A committee meeting may be held on any day, whether a sitting day or not and whether within or outwith the normal Parliamentary week. Committee meetings shall not normally be held when the Parliament is in recess.

3A. A meeting of a committee (other than a Private Bill Committee) shall not begin when a meeting of the Parliament is in progress, and a committee meeting that has begun shall be closed before, or suspended during, any period when a meeting of the Parliament is in progress. For the purpose of this paragraph, a meeting of the Parliament is not in progress during a suspension under Rule 7.4.1 or an adjournment under Rule 8.16.

4. Committee meetings shall be held in public except as mentioned in paragraph 5.

5. All or part of a meeting of a committee may be held in private if the committee so decides. Any meeting at which a committee is considering any of the business mentioned in Rule 6.2.2(b), (c) or (d) shall be held in public except where, for the purpose of taking evidence, the committee decides that it is appropriate that the meeting, or part of the meeting, should be held in private.

Rule 12.4 Witnesses and documents

1. A committee may, in connection with any competent matter, invite any person-

(a) to attend its proceedings for the purpose of giving evidence; or

(b) to produce documents in that person's custody or under that person's control,

and may exercise the power conferred upon the Parliament by section 23 (power to call for witnesses and documents) to require any person to do so but subject to and in accordance with the terms of sections 23 and 24 (notice provisions in relation to witnesses and documents).

2. For the purposes of section 26(1), the convener of a committee may administer an oath or solemn affirmation to any person giving evidence in its proceedings and require that person to take an oath or make a solemn affirmation.

3. The committee shall arrange for the Parliamentary corporation to pay to persons whom it requires, and may arrange for the Parliamentary corporation to pay to persons whom it invites, to attend its proceedings to give evidence or to produce any documents such allowances and expenses as may be determined by the Parliament.

Rule 12.5 Sub-committees

1. A committee may establish one or more sub-committees, including a sub-committee for the purpose mentioned in Rule 6.14, with the approval of the Parliament on a motion of the Parliamentary Bureau.

2. The remit of any sub-committee of a committee shall be such as is approved by the Parliament, on a motion of the Parliamentary Bureau, but shall not include any matter outwith the remit of that committee.

3. The membership of any sub-committee shall be determined by the Parliament on a motion of the Parliamentary Bureau. The membership of a sub-committee of a committee shall be proposed by that committee to the Parliamentary Bureau. Normally only members of the committee (other than committee substitutes) may be members of a sub-committee of that committee but, if the committee so decides, members of other committees may be appointed as members of a sub-committee.

4. In considering the membership of a sub-committee, the committee shall have regard to the balance of political parties in the Parliament.

5. The convener of a sub-committee shall be a member of that sub-committee who shall be chosen by the members of the sub-committee.

6. The duration of a sub-committee shall be determined by the Parliament on a motion of the Parliamentary Bureau.

7. A sub-committee shall report to the committee which established it.

8. Rules 6.3.5, 6.3A, 12.1.9 to 12.1.19, 12.2 to 12.4 and 12.6 shall apply in relation to the establishment, procedure and meetings of a sub-committee as they apply in relation to committees with such modifications as are appropriate.

Rule 12.6 Reporters

1. Any committee may appoint a committee member (other than a committee substitute) (referred to as "a reporter") to report to it upon any competent matter within such time limit as the committee may determine. A committee may appoint different reporters to report to it upon different competent matters.

Rule 12.7 Advisers

1. A committee may, with the approval of the Parliamentary Bureau, issue directions to the Parliamentary corporation in connection with the appointment by the Parliamentary corporation of any person to inquire into and advise the committee or any sub-committee upon any competent matter. Different advisers may be appointed for different competent matters.

Rule 12.8 Reports of committees

1. Where a committee is to report any matter to the Parliament or another committee, it shall do so by lodging the report with the Clerk.

2. Where the report is addressed to the Parliament, the Clerk shall notify members of the date of publication. Where the report is addressed to another committee, the Clerk shall notify that committee that the report has been lodged.

3. Any committee report lodged with the Clerk shall be published by the Clerk.

Rule 12.9 Annual reports

1. Each mandatory or subject committee shall, as soon as practicable after the end of each Parliamentary year, submit a report to the Parliament containing details of its activities during that Parliamentary year, including details of its meetings and the number of times the committee has met in private, and how the committee has taken account of equal opportunities in its work. In the case of the Parliamentary year ending on the dissolution of the Parliament before an ordinary general election, each committee shall submit such a report before the Parliament is dissolved.

Rule 12.10 Travelling outwith the United Kingdom

1. A member of a committee who wishes to travel outwith the United Kingdom in connection with any competent matter which is before that committee shall require the prior approval of the Parliamentary Bureau and the Conveners Group. A decision under this Rule shall, in the event of any disagreement between the Parliamentary Bureau and the Conveners Group, be referred to the Parliamentary corporation for a determination. The Parliamentary Bureau may require the Conveners Group to make a decision under this Rule within a specified period. If the Conveners Group does not make a decision within that period, the decision on the approval shall be made by the Parliamentary Bureau.

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