Part Two: Preparations for introduction

Part Two: Preparations for introduction

2.1 This part of the Guidance covers the procedures prior to a Hybrid Bill being lodged for introduction. It includes the arrangements for notification and advertisement as well as the requirements in respect of accompanying documents to the Bill. The purpose here is to indicate the expectations of a Hybrid Bill Committeein relation to the above. While not authoritative, following the Guidance should minimise any requests for additional intimation, advertisement or the production of other material that might otherwise delay a Bill’s passage.

2.2 It has been structured to set out what needs to be done and then to provide details on how it should be done. In following that process some repetition inevitably occurs. The Guidance follows a chronological order of events in preparing for a typical Bill.

2.3 The document refers to “the Executive” throughout; this should be taken to mean either the member in charge of the Hybrid Bill and/or the Executive Officials assisting the member. The member in charge of the Bill is a 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. The member in charge can also designate a junior Scottish Minister to take on the role. The Executive Officials are likely to be part of the Executive’s Bill Team which normally consists of a combination of administrators and solicitors.

Pre-introduction consultation

2.4 A Hybrid Bill, to which Rule 9C.1.2 applies, will require pre-introduction consultation with the mandatory consultees (see Rule 9C.1.7 and 8 of the Standing Orders of the Parliament) on the matters specified by the Presiding Officer in his determination at Annex L (for example, on the likely effects of the development on the environment). A full list of the mandatory consultees is contained in Annex L. The determination requires the consultation to be undertaken as early as practicable and in any event at least two months prior to the proposed date of the Bill’s introduction.

2.5 Given that the mandatory consultees must be consulted on, amongst other things, the scoping of the Environmental Statement, in practice, it is anticipated that consultation will happen during the formative stages of the design of the project. This is likely to have a number of advantages and, in particular, the Executive may be better able to properly identify, assess and mitigate the potential impacts of the project on the environment. Meaningful consultation may also make it less likely that the mandatory consultees will object to the Bill.

2.6 The Executive must also consult widely on the Bill’s objectives and the alternative ways of meeting them. Guidance on this is given in paragraphs 2.22 -2.24. One of the Bill’s accompanying documents, the Policy Memorandum, must detail the consultation that was undertaken on the policy objectives of the Bill and on the ways of meeting them, and on the detail of the Bill together with a summary of the outcome of that consultation. It is expected that the Hybrid Bill Committee will have regard to such matters and how the Executive has sought to engage and communicate effectively and constructively with directly affected parties. For example, the Hybrid Bill Committee may be interested in how, when, where and what did the Executive communicate to local residents who may be directly affected by a project as a way of resolving their concerns thereby reducing the likelihood of these residents lodging objections to the Bill.

2.7 Proper, balanced, committed and participative engagement and communication with local communities can not only reduce the likelihood of objections being lodged but also create a more open and constructive relationship between the Executive and local residents.

Discussion with the clerks

2.8 Executive Officials are also invited to make contact with clerks in the Parliament (the Non Executive Bills Unit deals with Hybrid Bills) as early as possible (see Foreword for contact details). Early discussion will help the clerks to plan for the impact the proposed Bill may have on the Parliament’s business programme and to advise on the steps that require to be taken in advance of its introduction. The Executive should discuss with the clerks any timetable to which it is working, particularly if there is a target date by which it would hope to see the Bill enacted. Discussion is also welcome on the individual requirements of notification, advertisement and accompanying documents for each Bill.

Preparation of the Bill

“Proper form” and layout of Bills

2.9 In addition to the determination on “proper form” (see Annex B), the Presiding Officer has made a number of recommendations about the content of Hybrid Bills (see Annex C) and the form in which they should be printed. The aim is to ensure that all Scottish Parliament Bills (and the Acts that they become) conform to standard conventions of layout.

2.10 Executive Officials are expected to ensure that the Bill already satisfies these rules at the time it is first submitted.

Guidance to draftsmen of Hybrid Bills

2.11 Hybrid Bills introduced by the Executive are subject to the same rules and conventions that apply to the structure and style of Public Bills. Guidance on Public Bills

Preparation of accompanying documents

2.12 This part of the Guidance deals with the preparation of the accompanying documents and provides a brief explanation of the function of each document. A determination by the Presiding Officer on the proper form of accompanying documents can be found at Annex D. More detailed information on the individual purpose and requirement of each document is contained in the various determinations made by the Presiding Officer under Rule 9C.3.1 which are reproduced in Annexes E - P.

2.13 One of the accompanying documents, the Heritable Interests Statement (see paragraphs 2.40-2.41), must contain details of the arrangements made by the Executive to notify and advertise its intention to promote a Hybrid Bill and details of the distribution of the Bill and accompanying documents. The Executive will wish, in seeking guidance on the requirements for notification and advertisement, to refer to Annex I in order to make these necessary arrangements at this point.

2.14 Under Rule 9C.3, a Hybrid Bill must be accompanied on introduction by:

  • a statement by the Presiding Officer on legislative competence (Rule 9C.3.2(a));
  • a report signed by the Auditor General on the appropriateness of any charges to the Scottish Consolidated Fund (Rule 9C.3.2(b));
  • Explanatory Notes (Rule 9C.3.2(c));
  • a written statement signed by the member in charge of the Bill regarding their views on legislative competence (Rule 9C.3.2(d));
  • a Policy Memorandum (Rule 9C.3.2.(e));
  • a Financial Memorandum (Rule 9C.3.2(f)) and (g);
  • a Heritable Interests Statement (Rule 9C.2.3(h));
  • any agreements made by the Scottish Ministers to assign copyright or provide licence to the Parliamentary Corporation (Rule 9C.2.3(i)) and
  • in the case of Bills to which Rule 9C.1.2 applies, an Environmental Statement (Rule 9C.3.2(g)(iii).

2.15 Of these, all except the Presiding Officer’s statement on legislative competenceare provided by the Executive. The following paragraphs give further details of what each should contain.

2.16 In addition the Executive will, as part of any Environmental Statement require to provide a Code of Construction Practice (CoCP) and a Noise and Vibration Policy (NVP) relevant to the particular works scheme at the time of the Bill’s introduction. These documents proved particularly useful to previous Private Bill Committees while considering Private Bills relating to construction, etc. They are also particularly useful to those affected by the Bill. Previous Private Bill Committees have considered these documents to be of such significance that they have amended particular Bills to take account of their content. Their provision may therefore be considered particularly helpful to a Committee in its consideration of the environmental impact of the scheme proposed under the Bill, of how such impacts will be mitigated and in resolving any objections to the Bill (or, indeed, reducing the potential for objections being lodged in the first place). (see paragraphs 2.35-2.39)

Accompanying documents required for every Hybrid Bill

Auditor General’s Report

2.17 This document is required in relation to a Bill containing provisions “charging expenditure on” the Scottish Consolidated Fund (SCF) (9C.3.2(b)). A charge on the SCF is a charge which the Executive is required to pay without obtaining further authority from the Parliament by means of a Budget Bill. By agreeing to the provision, the Parliament voluntarily gives up its right to scrutinise the budget for the item concerned. Where a Bill contains a provision charging expenditure on the SCF the Auditor General is required to set out his or her views on whether such a charge is appropriate.

Explanatory Notes

2.18 Explanatory Notes are required in relation to every Hybrid Bill (Rule 9C.3.2(c)). Their purpose is to summarise objectively and clearly what each provision of the Bill does and to give other information necessary or expedient to explain the effect of the Bill. They normally provide a brief overview of what the Bill does, followed by a more detailed commentary on the individual provisions. They should be written in neutral terms and in an as clear and readable way as possible, so as to be comprehensible to people with no legal or specialist knowledge. Indeed, the use of plain English is greatly encouraged in the Bill and in all accompanying documents. The Notes should not simply repeat or paraphrase the text of the provisions of the Bill, and no explanation is needed of provisions that are self-explanatory. The Notes on a particular provision might include, for example, background or contextual information, such as reference to relevant statute and common law on which the provision relies, or an explanation of specialised terminology used in the Bill.

Written statement from member in charge

2.19 A written statement is required to be submitted by the member in charge. The statement should set out that in his or her view, the provisions of the Bill are within the legislative competence of the Parliament. (Rule 9C.3.2(d)).

Policy Memorandum

2.20 A Policy Memorandum is also required in respect of every Hybrid Bill (Rule 9C.3.2(e)). Its purpose is to explain and set out––

  • the policy objectives and the detail of the Bill;
  • whether alternative ways of achieving these objectives were considered, what these alternatives were and why the approach chosen was adopted; the consultation that was undertaken (including, where appropriate, consultation with the mandatory consultees (see Rule 9C.1.8)) on these objectives and the ways of meeting them and on the detail contained in the Bill together with a summary of the outcome of that consultation; and
  • an assessment of the effects, if any that the provisions in the Bill may have on equal opportunities, human rights, island communities, local government, sustainable development and any other matter the Scottish Ministers consider to be relevant.

2.21 Like the Explanatory Notes, the Memorandum should be expressed as clearly and in such a readable way as possible. It is not expected that it should be in the same neutral terms as the Explanatory Notes (see Annex D for guidance on the introductory paragraph). It provides an opportunity to argue for the Bill and so can usefully complement the Explanatory Notes.

2.22 The Memorandum should specify in clear and reasonable detail what consultation was undertaken on the proposals in the Bill. Such details might include the means by which consultees were selected, the manner in which they were approached, when the Executive consulted, what it consulted on and with whom, the number of responses received and what, if any, changes to the proposal were made as a result, as well as an outline on what measures it will put in place to maintain contact with affected parties after the Bill is introduced.

2.23 Where the Bill seeks to authorise the construction or alteration of classes of works specified by the Presiding Officer in Annex K or the compulsory acquisition or use of any lands or buildings, the Memorandum should also describe what consultation was carried out under Rule 9C.1.8 with the mandatory consultees (see Annex L for a full list of the mandatory consultees).

2.24 In all cases, it is imperative that the consultation undertaken was meaningful and effective. The Hybrid Bill Committee may wish to satisfy itself that the Executive undertook a consultation process that was open, accessible, helpful, clearly timetabled and, where possible, adopted and demonstrated innovative and best practice. A comprehensive consultation exercise, involving an open and constructive dialogue with those likely to be affected can provide helpful feedback into the design development process, which can lead to changes being made; help to allay fears and suspicions that can sometimes arise simply from lack of information about what is proposed; and can help to limit objections arising once a Bill is formally introduced. It is not possible to give definitive guidance about who should be consulted and the kind of consultation that should be undertaken (i.e. formal written consultations, public exhibitions and meetings, information leaflets etc). It will depend to a large extent on the size and nature of the project. It will usually follow that the larger and more contentious a project is, the more extensive the pre-introduction consultation should be. At the very least, inadequate consultation is likely to result in a greater number of objections and a more drawn out Bill process.

Financial Memorandum

2.25 A Financial Memorandum is required for every Hybrid Bill. The exact requirements for this depend on the purpose of the Bill.

Hybrid Bills not involving construction or alteration of works, or the authorisation of compulsory acquisition or use of any land or buildings

2.26 If the Hybrid Bill does not seek to authorise the construction or alteration of classes of work as determined by the Presiding Officer under Rule 9C.1.2, or the authorisation of compulsory acquisition or use of any land or buildings, then the contents of the Financial Memorandum are the same as for Public Bills. This is set out in Rule 9C.3.2(f).

2.27 The Financial Memorandum is required to set out estimates of the expected costs of the Bill to the Scottish Administration (i.e. the Executive, in the broad sense of Ministers, departments and agencies), to local authorities and to other bodies, individuals and businesses. In each case, the Financial Memorandum indicates the timescales over which such costs are expected to arise and the margin of uncertainty in estimates given.

Hybrid Bills involving construction or alteration of works, or the authorisation of compulsory acquisition or use of any land or buildings

2.28 If the Hybrid Bill falls under Rule 9C.1.2 the Executive must provide the information set out on Rule 9C.3.2(g).

2.29 For Bills to which Rule 9C.1.2 applies, the Financial Memorandum is required to:

  • set out the estimated total cost of the proposed project;
  • give a detailed breakdown of each element of the project; administrative, compliance and other costs to which the provisions of the Bill would give rise;
  • provide a detailed breakdown of all anticipated and committed sources of funding for both capital and revenue costs;
  • provide best estimates of timescales over which such costs would be expected to arise; and
  • include an indication of the margins of uncertainty in the estimates.

2.30 The Financial Memorandum should also include separate information on how these costs would fall upon Scottish Administration (i.e. the Executive, in the broad sense of Ministers, departments and agencies), to local authorities and to other bodies, individuals and businesses.

Additional accompanying documents required where Rule 9C.1.2 applies to a Bill

Maps, plans, sections and Book of Reference

2.31 Hybrid Bills to which 9C.1.2 applies must also be accompanied by such maps, plans, sections and Book of Reference as the Presiding Officer has determined (see Annex H). (The Scottish Parliament is licensed to use Ordnance Survey products.) This determination gives the necessary detail of the content of each document. See also the determinations at Annex H which provide guidance on the proper form and layout of the Book of Reference. The Executive should provide sufficient copies of the maps, plans and sections and Book of Reference to meet the needs of the Parliament.

2.32 The model notification letter at Annex F states that an extract from the plans is enclosed with the notification letter. The Executive may wish to give careful consideration as to whether any other maps or drawings could be provided that would aid understanding of the precise location of the land intended for acquisition and the purpose and duration for which it is required.

Environmental Statement

2.33 A Bill to which Rule 9C.1.2 applies should be accompanied by an Environmental Statement. The Presiding Officer has determined what the Environmental Statement should contain and this is set out in full at Annex D. In addition to these requirements, the Executive should also provide a summary of the Environmental Statement in clear, non-technical language.

2.34 Further information on two of the requirements in the determination on the Environmental Statement is set out below.

(i) Code of Construction Practice

2.35 The purpose of the CoCP is to identify the actions the Executive will require contractors and sub-contractors to take during the construction phase of the project to minimise the environmental and other impacts e.g. construction noise, dust pollution, disposal of waste material. It defines the minimum standards of construction practice required of contractors, informs those affected e.g. local communities of how the Executive will mitigate such impacts and on how they will be consulted and engaged over such mitigation and of the timetable for the construction works.

2.36 The CoCP is extremely useful in terms of identifying the means by which contractors will be required to carry out the works in a manner that seeks to minimise their environmental and other impacts. The CoCP can be incorporated into the contracts for the construction of the works proposed under the Bill. This ensures that all contractors and sub-contractors are required to fully comply with the terms of the document.

(II) Noise and Vibration Policy

2.37 The purpose of the NVP is to set out the approach the Executive will adopt to mitigate noise and vibration impact from the operation of the works conferred under the Bill (the CoCP addresses the mitigation of construction noise and vibration).

2.38 The NVP may build on commitments made during the Environmental Impact Assessment as reported in the Environmental Statement. The NVP can be made binding on relevant contractors by being incorporated into the appropriate contracts for the construction and operation of the works.

2.39 The determination at Annex L on consultation with mandatory consultees (e.g. Scottish Natural Heritage, the Scottish Environmental Protection Agency, Historic Scotland) is also pertinent. The Executive should provide sufficient copies of the Environmental Statement and its summary to meet the Committee’s requirements.

Heritable Interests Statement

2.40 A Heritable Interests Statement is required in relation to every Hybrid Bill (Rule 9C.3.2(h)), although what it must contain varies according to the nature of the Bill. The purpose of the document is to detail all the arrangements made by the Executive with regard to such matters as notification, obtaining any consents that may require to be obtained before introduction, advertising and distribution of the Bill and accompanying documents. Each of these component parts is described in the paragraphs that follow. The Presiding Officer has made determinations on various aspects of what the Heritable Interests Statement must include and these determinations are set out in Annexes DF and I. The determination at Annex C provides guidance on the proper form and layout of the document.

2.41 The first requirement of the Heritable Interests Statement applies only to Hybrid Bills that affect heritable property. In relation to such a Bill, the Statement must give details of the notification given by the Executive to certain persons having an interest in the heritable property affected by the Bill (Rule 9C.3.2(h)(i)) (see Annex I).

Notification

2.42 There are two steps to the notification process. The Executive must first identify which properties are “affected” by the Bill and second, must establish who has a relevant interest in such property and ensure that all affected persons are duly and properly notified.

2.43 Affected persons generally fall into two categories. Those who—

  • own or hold an interest in land that may be acquired or used compulsorily; and
  • may otherwise be affected by the proposed scheme at any stage, be it construction, operation or maintenance.

2.44 The Executive must establish a set of ground rules for identifying the properties that will be affected by the proposed scheme.

2.45 Properties in the first category should be readily identifiable from the Bill and its associated plans. The Executive must then seek to identify the names of the persons that have an affected interest in those properties and to whom notifications should be sent.

2.46 The ground rules should also cover the criteria applied in identifying properties falling within the second category. The Executive may, for example, take the view that if a property abuts, that is, shares a boundary with the Bill’s limits, then such a person with a relevant interest in that property may be affected by the proposed scheme. Or the Executive may wish to set a distance from the scheme within which properties would be considered to be affected or to visually identify properties that, while not abutting, could still be affected by the scheme. The ground rules must be capable of being applied on an objective basis and each scheme needs to be considered on its own facts. It is suggested that the Executive err on the side of caution if there is any uncertainty about which properties are affected.

2.47 The Executive is encouraged to make full use of the sources of information listed in Annex I in order to identify the affected persons in both categories upon whom notifications should be served. Affected persons could include owners, tenants, other occupiers and persons having some other heritable interest in land, e.g. holding a real burden or a servitude right. The Land Register and the Register of Sasines are particularly useful sources of information about the identity of those with heritable interests in land, and the Executive should consider undertaking a full title search as part of its investigations.

2.48 All notifications should be made by sending a letter by recorded delivery or by delivery in person or, failing which, by leaving it at the person’s normal place of residence, registered office or place of business. Notification should be to the proper officer, clerk or secretary at the business address or, where there is no business address, at their home.

2.49 Details and evidence of delivery of notifications should be retained should any question arise as to whether the information set out in the Heritable Interests Statement is correct. A signed acknowledgement of receipt collected at the time of delivery in person, or a receipt for the delivery of any recorded delivery letter, is sufficient for this purpose. Where the Executive has personally delivered the letter either to the person or the property and has been unable to obtain a signed acknowledgement of receipt, evidence of delivery will suffice.

2.50 The function of the notification letter is to inform a person or body who may be affected by the proposed scheme of the Executive’s intention to introduce a Hybrid Bill on, or around, a specific date. In particular, it must inform the person/body of any land or an interest in land that may be acquired or used compulsorily should the scheme proceed. The letter should also state where they can obtain further information about the Bill and the parliamentary process to which it will be subject, how to lodge an objection to the Bill and indicate when the 60-day objection period will commence (see model notification letter at Annex F).

2.51 Regarding notifications, the Heritable Interests Statement should—

  • explain the ground rules that the Executive has used to determine affected persons;
  • explain what sources of information were used to ascertain the identity of all affected persons for notification purposes;
  • give details of notifications served on “The Owner/Occupier” rather than on named individuals, and explain why;
  • give details of the delivery methods used.

2.52 This will help the Hybrid Bill Committee assess whether the Executive’s approach to notification has been adequate.

Intention to introduce the Bill

2.53 In relation to every Bill, the Statement must include details of the advertisement of the Executive’s intention to introduce the Bill (Rule 9C.3.2(h)(ii)) (see Annex G).

Availability of accompanying documents and other related documents

2.54 As soon as a Hybrid Bill has been introduced the clerks will arrange for the Bill and its accompanying documents, other than those referred to in rule 9C.3.2(g)(ii) and (g)(iii), to be printed and published. The clerks will also send a copy of the Bill and its accompanying documents to all the premises as determined by the Presiding Officer (see Annex P).

2.55 In relation to every Bill, the Heritable Interests Statement must include a list of premises at which it is possible to inspect or purchase––

  • those accompanying documents not published by the Parliament (any maps, plans, sections, book of reference, and Environmental Statement); and
  • any other documents that are relevant to the Bill but which do not qualify as accompanying documents.

2.56 In addition, it must list those premises, other than those determined by the Presiding Officer, where the accompanying documents may be inspected and include an undertaking to send a copy of all accompanying documents to any other premises where the Executive has decided that any accompanying document may be inspected (that is premises aside from those determined for the purpose of Rule 9A.4.2 by the Presiding Officer or the mandatory consultees) (see Annex I).

Costs

2.57 The Statement should also contain an undertaking to pay the costs that are incurred by the Parliamentary Corporation during the passage of a Bill in connection with the appointment and use of an assessor under Rule 9C.10.3 as set out further in the determination of the Scottish Parliamentary Corporate Body (SPCB) (seeAnnex J)

Assignation of copyright/licensing agreement or agreements with the SPCB

2.58 Every Bill must be accompanied by an agreement (or agreements) by which the Executive assigns to the SPCB copyright of those accompanying documents published by the Parliament, and licenses the SPCB to use or reproduce for the Parliament’s purposes the maps, plans, sections and book of reference and other documents submitted to the clerks on introduction or subsequently (Rule 9C.3.2(i)).

2.59 Model agreements for both of these are set out in Annex D. The original copy of the agreement (or agreements) signed by, or on behalf of the Scottish Ministers must be lodged with the clerks on introduction.

Printing, publication and distribution of Bill and accompanying documents

Accompanying documents

2.60 The templates for accompanying documents also include the pro forma introductory paragraphs of text (see Annex E) and pro forma wording for some of the statements, undertakings and agreements required (in the same form of words as set out in Annex D).Submission of finalised documents

2.61 The Executive should submit a copy of the Bill itself, together with all necessary accompanying documents, to the Legislation Team clerks at least three weeks before the proposed date of introduction. During this period, the clerks will check that they conform to the Standing Orders, relevant determinations and this Guidance. At the same time, the Parliament’s legal advisers will prepare advice to the Presiding Officer to inform the statement on legislative competence.

2.62 Every reasonable effort will be made to ensure that the Executive’s proposed introduction date can be met. The Executive will be notified as soon as the Presiding Officer has signed a statement on legislative competence. At that point, and assuming that all other pre-introduction requirements have been satisfied, the Bill can be formally introduced. The Executive should be aware that the Bill will only be available publicly the day after introduction.

Distribution arrangements

2.63 It is for the clerks to distribute the Bill and its accompanying documents to a list of premises determined by the Presiding Officer (see Annex P) and to the mandatory consultees. The Executive should be aware that these documents are only available publicly the day after introduction. At the same time, the Executive should send copies of the accompanying documents to those other premises it has identified under Rule 9C.3.2 (h)(iii).

2.64 Once the Executive has finalised the text of the draft Bill, there is a three-week period during which officials of the Parliament take certain steps preparatory to formal introduction. This period begins with the drafter sending a copy of the draft Bill to the Head of the Chamber Office and to the Solicitor to the Scottish Parliament, together with a note of the Executive’s view on legislative competence, draft accompanying documents and a covering letter.

2.65 The drafter’s covering letter sets out the Executive’s view on the following issues:

  • Content: whether the Bill conforms to the Presiding Officer’s recommendations on the content of Bills – in particular, whether the short and long titles accurately and neutrally reflect what the Bill does;
  • Scope: what is the extent of the purposes of the Bill, and hence what sorts of amendments would be relevant to the Bill;
  • Crown Consent: whether the Bill or any provision of it affect the prerogative, private interests or hereditary revenues of the Queen (or the interests of the Prince of Wales in his capacity as Prince and Steward of Scotland or Duke of Cornwall) and so require the signification of Crown consent (under paragraph 7 of Schedule 3 to the Scotland Act and Rule 9C.15).
  • Hybridity: whether the Bill or any provision of it affects private individuals of any category or class in a manner different to others of the same category or class, so that those adversely affected might reasonably demand the right to make representations to the Parliament.
  • Financial provisions: whether any provisions of the Bill would have implications for expenditure from the Scottish Consolidated Fund, or would impose or increase any charge or payment payable into the Fund, thus requiring a financial resolution under Rule 9C.16
  • Subordinate legislation: whether the Bill contains provisions conferring power to make subordinate legislation and so requires to be considered by the Subordinate Legislation Committee under Rule 9C.5).

2.66 During the 3-week pre-introduction period, the Solicitor to the Scottish Parliament prepares advice to the Presiding Officer on legislative competence. At the same time, the clerks consider the points raised in the drafter’s letter, with the Head of Chamber Office sending a response shortly prior to introduction. The clerks also prepare advice to the Presiding Officer on whether a financial resolution is required. They also make final formatting changes to the Bill to ensure that it conforms to the Presiding Officer’s determination on “proper form”. All reasonable efforts are made to ensure that the proposed date of introduction can be met.

Introduction of the Bill

2.67 Under Rule 9C.1.4, a Hybrid Bill can be introduced on any “sitting day”. A sitting day is, under Rule 2.1.3, any day when the office of the Clerk is open but not when the Parliament is in recess or dissolved. The office of the Clerk is normally open on weekdays.

2.68 The Bill is introduced by being lodged with the Clerk (Rule 9C.1.5) and must be signed by the member in charge of the Bill. In practice therefore, the signed Bill should be lodged in hard copy (together, preferably, with hard copies of the accompanying documents for which the Executive is responsible), either in person or by the Executive officials. These should be the versions agreed by the clerks.2 Following this procedure should ensure that, by the time the Bill is formally introduced, it conforms to the Presiding Officer’s determination on proper form (under Rule 9C.1.6) and the other requirements of introduction set out in Rule 9C.3.

2.69 On the day of introduction, the Bill and accompanying documents are sent by the clerks to the Parliament’s printers for publication the following day, both in hard copy and on the Parliament’s website (Rule 9.4).

2.70 The introduction of a Bill is recorded in the Business Bulletin.

Memorandum on delegated powers

2.71 If a Hybrid Bill contains any provision that confers power to make subordinate legislation then immediately after introduction the member in charge of the Bill is required by Rule 9C.5.1 to lodge a memorandum with the Clerk that sets out:

  • the person or body upon whom the power is conferred on and the form in which the power is to be exercised;
  • why is it considered appropriate to delegate the power; and
  • the Parliamentary procedure (if any) to which the exercise of the power is subject and why it was considered appropriate to make it subject to that procedure (or not to make it subject to any procedure).

2.72 It is the responsibility of the Clerk to publish the memorandum.

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Footnotes:

2 The Legislation Team clerks may make final changes to the presentation of these documents (such as adding line numbers to the Bill) but not to the text itself before sending them to the printer.