3.1 The procedures on Bills, both public (including those lodged by Members and by committees) and private, are covered in chapters 9 and 9A respectively of Standing Orders. Further details can be obtained from the Guidance on Public Bills: (http://www.scottish.parliament.uk/business/bills/billguidance/gpb-c.htm)and the Guidance on Private Bills:

(http://www.scottish.parliament.uk/business/bills/billguidance/gprb-c.htm)and from the Legislation Team (ext. 85206) and the Non-Executive Bills Unit (NEBU) (ext. 85249) and, in the case of individual public Bills, from the clerks to the lead committee considering that Bill. In the case of subordinate legislation, further details can be obtained from chapter 10 of Standing Orders and from the clerks to the Subordinate Legislation Committee (ext. 86282).

The role of the Chamber Desk relates to the lodging of motions at Stages 1 and 3 (public Bills) and Preliminary and Final Stages (private Bills) and amendments to those motions. Amendments to public Bills are lodged with the clerks to the committee considering that Bill; amendments to private Bills are lodged with clerks in the Non-Executive Bills Unit. Guidance on the timing for lodging amendments to Bills which are progressing through the Parliament is provided in Section J of the Business Bulletin.

Public Bills

3.2 When the Parliament debates and decides on the general principles of a Bill, this is done on a Stage 1 motion in the name of the Member in charge of the Bill—

“That the Parliament agrees to the general principles of the [short title] Bill.”

3.3 Such a motion may be amended but the Presiding Officer has indicated that reasoned amendments to Stage 1 motions will only be selected for debate if they are so worded that they do not cast any doubt on what the status of the Bill would be if the amended motion were agreed to. Such amendments will therefore only be selected if—

(a) it would remain clear from the amended motion that the general principles of the Bill would be agreed to (and the Bill would proceed to Stage 2); or

(b) it would be clear from the amended motion that the general principles of the Bill would not be agreed to (and that the Bill would fall).

3.4 For example, amendments in category (a) might be worded to add a reason why, in agreeing to the motion, the Parliament does so with some regret or misgivings—

Insert at end—

“but, in so doing, expresses reservations about....”

3.5 Amendments in category (b) should be worded so as to reverse the terms of the motion for a reason stated in the amendment—

Leave out from “agrees” to end and insert—

“does not agree to the general principles of the [short title] Bill because....”

3.6 After proceedings on amendments at Stage 3 are concluded the Parliament must decide whether to pass the Bill. The debate takes place on a motion by the Member in charge of the Bill—

“That the Parliament agrees that the [short title] Bill be passed.”

3.7 Such a motion may be amended, subject to criteria similar to those that the Presiding Officer applies in selecting amendments to Stage 1 motions outlined in paragraphs 3.3 to 3.5 above, as well as the criteria listed in paragraph 5.8 that apply to all amendments. Thus, an amendment to a Stage 3 motion will be selected only if—

(a) it would remain clear from the amended motion that the Bill would be passed; or

(b) it would be clear from the amended motion that the Bill would not be passed (and that the Bill would fall).

Private Bills

3.8 Once a Private Bill committee has published its Preliminary Stage report on whether the general principles of the Bill should be agreed to and whether it should proceed as a private Bill, a motion in the name of the committee convener that reflects the recommendations of the report is lodged as follows—

“That the Parliament agrees to the general principles of the [name of Bill] and that the Bill should proceed as a private Bill”.

3.9 If a motion in that form is agreed to by the Parliament, the Bill proceeds to Consideration Stage. If such a motion is not agreed to, the Bill falls (Rule 9A.8.10).

3.10 Alternative forms of motion may be used where the committee either does not recommend that the general principles be agreed to, or that the Bill should proceed as a private Bill, or both—

“That the Parliament does not agree to the general principles of the [short title] Bill and does not agree that the Bill should proceed as a Private Bill”.

3.11 If any such motion in that form is agreed to (whether by division or otherwise), the Bill falls. If any such motion is not agreed to, the Bill also falls. The Bill could only proceed to Consideration Stage on the basis of such a motion if the motion was first amended. The necessary amendment (in relation to the motion given as an example above) would be—

“leave out “does not agree to the general principles of the [short title] Bill and does not agree” and insert—

“despite the recommendation of the [name] Committee, agrees to the general principles of the [short title] Bill and agrees …”.”

3.12 Any Member may lodge such an amendment which is subject, like all amendments to motions, to selection by the Presiding Officer (under Rule 8.5.6).

3.13 After proceedings on amendments at the Final Stage are concluded the Parliament must decide whether to pass the Bill. The convener of the committee therefore moves—

“That the Parliament agrees that the [short title] Bill be passed”.

3.14 Such a motion may be amended, but subject to similar criteria that the Presiding Officer applies in selecting amendments to Stage 3 motions outlined in paragraph 3.7. Thus, an amendment to a Final Stage motion will be selected only if—

(a) it would remain clear from the amended motion that the Bill would be passed; or

(b) it would be clear from the amended motion that the Bill would not be passed (and that the Bill would fall).

Subordinate Legislation

3.15 Most statutory instruments are considered, in the first instance, in committee although they can, on a motion of the Parliamentary Bureau, be debated by the full Parliament. Where a statutory instrument falls within the remit of more than one committee the Parliament will, on a motion of the Parliamentary Bureau, designate a lead committee and may nominate any other committees it wishes to consider the instrument before reporting back to the lead committee.

Negative Procedure

3.16 When a statutory instrument is subject to negative procedure, under Rule 10.4.1 a Member may propose by motion to the lead committee that the committee recommends that nothing further be done under the instrument. This is a motion to annul and should be worded as follows—

“That the [name of committee] recommends that nothing further be done under the [name and number of statutory instrument]”.

3.17 A motion to annul must be lodged no later than 40 days after the instrument is laid (no account being taken of any time during which the Parliament is dissolved or is in recess for more than four days) although, in practice, it is highly desirable for any such motion to be lodged as early as possible. The Business Bulletin lists all extant instruments showing the date by which the instrument is subject to annulment. If the lead committee reports to the Parliament recommending that nothing further be done under the instrument then the Parliamentary Bureau will, no later than 40 days after the instrument is laid, propose a motion to that effect.

Affirmative Procedure

3.18 When a statutory instrument is subject to affirmative procedure (whether draft or made, i.e. the instrument is signed by a Minister but requires the approval of the Parliament by resolution to come into, or remain in, force), a motion to approve must be lodged by the Scottish Executive. Such motions are lodged under Rules 10.6.1 and 10.6.2 and can be proposed to the lead committee by any Member of the Executive or junior Scottish Minister. The motion should be worded—

“That the [name of committee] recommends that the [name and number of statutory instrument] be approved”.

3.19 On a motion of the Parliamentary Bureau, an instrument may be considered at a meeting of the Parliament rather than in committee. Any Member may give notice of, or move, a motion in relation to that instrument.

3.20 When a Member does not want the instrument to be approved, he or she may simply vote against the approval motion. However, there is scope for a Member to lodge a reasoned amendment to the approval motion, again no later than 40 days after the instrument was laid. As with other amendments to motions, it is for the convener (or, for those instruments considered by the full Parliament, the Presiding Officer) to decide whether to select the amendment for debate (Rule 8.5.6). If the lead committee recommends the approval of the instrument, the Parliamentary Bureau shall by motion propose that the Parliament approves the instrument. Such motions are worded—

“That the Parliament agrees that the [name and number of statutory instrument] be approved.”

3.21 The convener (or Presiding Officer) will only select amendments for debate that are so worded that, if accepted, there would be no doubt that the instrument was either approved or not approved as the case may be. Such amendments would, for example, approve the instrument, albeit with regret or misgivings, or not approve the instrument, giving reasons for not doing so. A reasoned amendment could be worded—

Insert at end (of motion in para 3.20 above)

“but, in doing so, regrets …….[text of reason ].”

Legislative Consent Motions

3.22 Under the “Sewel Convention”, the UK Parliament is committed not to legislate on devolved matters, or to alter the legislative competence of the Parliament or the executive competence of the Scottish Ministers, without the express consent of the Parliament. Motions seeking the Parliament’s consent to the relevant provision in a relevant UK Parliament Bill are known as legislative consent motions. Such motions must 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.

3.23 Under Rule 9B.3.2, a legislative consent motion cannot be lodged before a legislative consent memorandum on the relevant UK Bill has been lodged with the Clerk. Additionally such motions are not normally lodged until after the publication of the report by the relevant lead committee on the memorandum.

3.24 The following example shows how a legislative consent motion is typically worded—

Consumers, Estate Agents and Redress Bill - UK Legislation—That the Parliament endorses the principle of giving consumers an effective voice as set out in the Consumers, Estate Agents and Redress Bill, introduced in the House of Lords on 16 November 2006, and agrees that the relevant provisions to achieve this end in the Bill should be considered by the UK Parliament.

3.25 Further details on legislative consent memorandums, along with a list of all memorandums introduced, can be found in the Parliamentary Business section of the Parliament’s website: (http://www.scottish.parliament.uk/business/legConMem/index.htm).

Further information about the Sewel Convention and the Parliament’s scrutiny process can be found in the Procedures Committee’s 7th Report, 2005.