CHAPTER 1

MEMBERS

Rule 1.1 The Scottish Parliament

1. The Scottish Parliament is established by the Scotland Act 1998 (c.46).

2. The members of the Parliament returned for each constituency or region shall be known as members of the Scottish Parliament (MSPs) and are referred to in these Rules as members.

Rule 1.2 Oath of allegiance

1. Every person who is returned as a member shall take the oath of allegiance or shall make his or her solemn affirmation at a meeting of the Parliament before the Clerk. A member shall not take part in any other proceedings of the Parliament until he or she has done so.

2. A member may, immediately after taking the oath or making his or her solemn affirmation, repeat the oath or affirmation in a language other than English.

3. The member shall then sign a register kept by the Clerk for the purpose, indicating that he or she has taken the oath or, as the case may be, made a solemn affirmation.

4. The Parliament's power under section 84(3) (where a member fails to take the oath of allegiance) to decide, before the end of the period of 2 months within which a member must take the oath or make a solemn affirmation, to allow him or her a longer period to do so is exercisable on a motion of any member. The motion is valid only if it is seconded by another member.

5. In these Rules, "oath of allegiance" means the oath in the form provided in section 2 of the Promissory Oaths Act 1868 (c.72) and "solemn affirmation" means the affirmation in the form provided in section 6(1) of the Oaths Act 1978 (c.19).

Rule 1.3 Term of office

1. The term of office of a member begins on the day on which the member is declared to be returned and ends with the dissolution of the Parliament or, if earlier, that member's death or resignation.

2. A member may at any time resign his or her seat by giving notice in writing to the Presiding Officer.

3. A member may also cease to be a member in accordance with section 17(1) or (2) (where a member is or becomes disqualified) or section 84(3) (where a member fails to take the oath of allegiance).

Rule 1.4 Disqualification

1. The Presiding Officer shall notify the Parliament where a person is, or is alleged to be, disqualified from being a member (either generally or for a particular constituency or region) on any ground other than one falling within section 15(1)(b) (disqualification otherwise than under House of Commons Disqualification Act 1975 (c.24)).

2. Any member may, within 3 sitting days of such notification, by motion propose that the Parliament disregard the disqualification because it is considered that the ground has been removed and that it is proper to disregard the disqualification. The motion is valid only if it is seconded by another member.

Rule 1.5 Vacancies

1. For the purposes of section 9 (constituency vacancies), the date on which a vacancy in the seat of a constituency member is to be treated as occurring shall be determined in accordance with paragraph 2. The Presiding Officer shall notify the Parliament of that date.

2. The date on which a constituency vacancy is to be treated as occurring is-

(a) in the case of a vacancy arising on the death of a member, the date of death;

(b) in the case of a vacancy arising on the resignation of a member, the date on which written notice of the resignation is given to the Presiding Officer;

(c) in the case of a vacancy arising under section 17(1) (effect of disqualification where a disqualified person is returned), the date on which the person concerned was returned as a member;

(d) in the case of a vacancy arising under section 17(2) (effect of disqualification where a member becomes disqualified), the date on which the member became disqualified;

(e) in the case of a vacancy arising under section 84(3) (failure of member to take the oath of allegiance), the expiry of the period of 2 months beginning with the day on which he or she was returned or such longer period as the Parliament may have allowed; or

(f) in any other case, such date as the Presiding Officer may determine.

3. If, in any of the cases mentioned in paragraph 2(a) and (c) to (e), the vacancy does not come to the notice of the Presiding Officer within the period of one month beginning with its occurrence, the Presiding Officer shall notify the Parliament of the date when the vacancy did come to his or her notice.

4. For the purposes of section 10 (regional vacancies), the date on which a vacancy in the seat of a regional member is to be treated as occurring shall be determined by the Presiding Officer. The Presiding Officer shall notify the Parliament of that date.

Rule 1.6 Code of Conduct

1. The Parliament may, on a motion of the Standards, Procedures and Public Appointments Committee, lay down a Code of Conduct for members. The Parliamentary corporation shall arrange for the Code of Conduct to be printed and published.

Rule 1.7 Withdrawal of rights and privileges

1. The Parliament may, on a motion of the Standards, Procedures and Public Appointments Committee, withdraw from a member his or her rights and privileges as a member to such extent and for such period as are specified in the motion.

Rule 1.8 Members’ interests: Parliamentary determinations and resolutions

1.  This Rule applies to a determination or resolution made (or proposed to be made) under the Interests of Members of the Scottish Parliament Act 2006 (asp 12).

2.  Such a determination or resolution may be made by the Parliament on a motion of the Standards, Procedures and Public Appointments Committee.

3.  The Standards, Procedures and Public Appointments Committee shall consult other members about the terms of the proposed determination or resolution before a motion under paragraph 2 is lodged.

CHAPTER 2

MEETINGS OF THE PARLIAMENT

Rule 2.1 Session of the Parliament

1. A session of the Parliament shall be the period from the date of the first meeting of the Parliament following a general election until the Parliament is dissolved.

2. Each session shall be divided into Parliamentary years. The first Parliamentary year shall be the year beginning with the date of the first meeting of the Parliament following a general election. Subsequent Parliamentary years shall begin on each succeeding anniversary of that date in that session.

3. A sitting day is any day when the office of the Clerk is open but not when the Parliament is in recess or dissolved. The Parliament shall decide, on a motion of the Parliamentary Bureau, the days on which the office of the Clerk is to be open. Until the Parliament has so decided, the Presiding Officer shall appoint those days. The days on which the office of the Clerk is to be open shall be notified to members by the Presiding Officer.

4. Before the end of a session, the Presiding Officer shall determine the date when the Parliament is expected to be dissolved. That date shall be notified by the Clerk to members.

Rule 2.2 Meetings of the Parliament

1. The Parliament shall meet on the day appointed or determined for its first meeting following a general election.

2. The Parliament shall decide, on a motion of the Parliamentary Bureau, the date and time for any other meeting of the Parliament, or, until the Parliament has so determined, the Presiding Officer shall appoint such dates and times. This is subject to the following paragraphs.

3. The Parliament may, except as mentioned in paragraph 4 or 5 or in an emergency, meet on any sitting day during the normal Parliamentary week. The normal Parliamentary week is between the hours of 14:30 and 17:30 on Monday, 09:15 and 17:30 on Tuesday, Wednesday and Thursday and 09:30 and 12:30 on Friday.

4. A meeting of the Parliament may continue to 19:00 on Wednesday if the Parliament so decides on a motion of the Parliamentary Bureau.

5. A meeting of the Parliament may continue beyond-

(a) 17:30 on Monday, Tuesday or Thursday;

(b) 17:30 on Wednesday where the Parliament has not taken a decision under paragraph 4;

(c) 19:00 on Wednesday where the Parliament has taken a decision under paragraph 4; or

(d) 12:30 on Friday,

in any of the circumstances specified in paragraph 6.

6. The circumstances in which a meeting of the Parliament may continue beyond any of the times specified in paragraph 5 are-

(a) if it is necessary in order to complete any voting which is not adjourned to a later meeting under Rule 11.2.5;

(b) if it is necessary in order to complete the election of the Presiding Officer or a deputy Presiding Officer under Rule 11.9 or the election of a member or members of the Parliamentary corporation or selection of a nominee for appointment as First Minister under Rule 11.10;

(c) if the Parliament so decides, on a motion of the Parliamentary Bureau, in order to consider Members' Business; or

(d) in other cases, if the Parliament so decides on a motion of a member of the Scottish Executive or of the member who moved the business under consideration at that time.

7. Any motion mentioned in paragraph 6(d) may be moved without notice. It may be debated for up to 10 minutes. Each speaker may speak for no more than 3 minutes. The motion may be amended but only by proposing that the time specified in it is increased or decreased.

8. A meeting of the Parliament shall normally begin and end on the same day and normally not more than one meeting of the Parliament may take place on the same day.

9. A meeting of the Parliament begins when the Presiding Officer or other person chairing the meeting takes the chair.

10. The Presiding Officer may convene the Parliament on other dates or at other times in an emergency.

11. In these Rules "Members' Business" means any item of business, other than a Member's Bill, proposed by a member who is neither a member of the Scottish Executive nor a junior Scottish Minister.

Rule 2.3 Parliamentary recess

1. The Parliament shall decide, on a motion of the Parliamentary Bureau, the dates of any Parliamentary recess.

2. In considering dates of any Parliamentary recess, the Parliamentary Bureau shall have regard to the dates when schools in any part of Scotland are to be on holiday.

3. The dates on which a Parliamentary recess is to begin and end shall be notified by the Clerk to members.

Rule 2.4 First meeting following a general election

1. [deleted]

2. The first meeting of the Parliament following a general election shall be held on the day and at the time determined by the Presiding Officer. The Presiding Officer shall notify members of the date and time of that meeting.

3. Subject to paragraphs 4 and 5, that meeting shall be chaired-

(a) by the Clerk but only for the purpose of presiding over the proceedings to enable the former Officer to take the oath of allegiance or make a solemn affirmation; and

(b) thereafter, by the former Officer but only for the purpose of presiding over the proceedings when members are taking the oath of allegiance or making a solemn affirmation and for the election of the new Presiding Officer; and

(c) thereafter, by the elected Presiding Officer.

4. If the person holding the office of Presiding Officer as mentioned in section 19(2) is not a member of the Parliament, that meeting shall be chaired by that person but only until a new Presiding Officer is elected. Thereafter it shall be chaired by the elected Presiding Officer.

5. If neither that person nor the former Officer is present at that meeting or able to chair that meeting, that meeting shall be chaired-

(a) by the Clerk but only for the purpose of presiding over the proceedings to enable the oldest qualified member to take the oath of allegiance or make a solemn affirmation;

(b) thereafter, by the oldest qualified member but only for the purpose of presiding over the proceedings when members are taking the oath of allegiance or making a solemn affirmation and for the election of the Presiding Officer; and

(c) thereafter, by the elected Presiding Officer.

6. The chair may be taken by a member only if that member has taken the oath of allegiance or made a solemn affirmation.

7. Any reference to "the oldest qualified member" means the oldest member-

(a) who is present at the meeting;

(b) who has indicated to the Clerk that he or she does not intend to stand as a candidate for the office of Presiding Officer or First Minister; and

(c) who is not a leader within the Parliament of a political party represented by 5 or more members of the Parliament.

8. When the Clerk or the oldest qualified member is in the chair, he or she shall, so far as necessary for the purposes of concluding the business over which he or she is presiding, have similar functions as the Presiding Officer has for the purposes of conducting meetings under Rules 7.1 to 7.7 and 8.17.

9. Any reference to "the former Officer" means-

(a) the member holding the office of Presiding Officer as mentioned in section 19(2); or

(b) if that office is vacant or that member is unable to chair the meeting, a member holding the office of deputy Presiding Officer as mentioned in that section,

but only if, in either case, that member has indicated to the Clerk that he or she does not intend to stand as a candidate for election as Presiding Officer.

Rule 2.5 Chairing of meetings

1. Except as provided in Rule 2.4, meetings of the Parliament shall be chaired by the Presiding Officer or by a deputy Presiding Officer.

2. Where the offices of Presiding Officer and of both deputy Presiding Officers are vacant, a meeting of the Parliament shall be chaired by the oldest qualified member but only for the purpose of presiding over the proceedings for the election of the Presiding Officer.

3. Where the Presiding Officer and both deputy Presiding Officers are unable to act, a meeting of the Parliament shall be chaired by the oldest member who is present at the meeting but only during such period as all of those officers are unable to act. When the oldest member is in the chair, he or she shall, so far as necessary for the purposes of concluding the business over which he or she is presiding, have similar functions to those of the Presiding Officer for the purpose of conducting meetings under Rules 7.1 to 7.7 and 8.17.

4. Paragraphs 2 and 3 are subject to the special provisions applying to the first meeting of the Parliament following a general election mentioned in Rule 2.4.

Rule 2.6 Witnesses and documents

1. The Parliament may in connection with any 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,

but this is in addition to its power under 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 that section and section 24 (notice provisions in relation to witnesses and documents).

2. The Parliament 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 2.7 Location

1. Meetings of the Parliament shall be held in the Debating Chamber of the Parliament, Holyrood, subject to the following provisions.

2. The Parliament may decide, on a motion of the Parliamentary Bureau, that a meeting of the Parliament shall be held in another place in Scotland.

3. Where it is not practicable for the Parliament to meet to decide the matter, the Presiding Officer may decide that a meeting of the Parliament shall be held in another place in Scotland and members shall be notified of that place.

CHAPTER 3

OFFICERS OF THE PARLIAMENT AND OTHER OFFICERS

Rule 3.1 The Presiding Officer and deputy Presiding Officers

1. The Presiding Officer shall-

(a) preside over any meeting of the Parliament except as provided in Rule 2.4 and 2.5 and, except where Rule 11.9 or 11.10 applies, exercise a casting vote in the event of a tie;

(b) convene and chair any meeting of the Parliamentary Bureau and exercise a casting vote in the event of a tie;

(bb) convene and chair any meeting of the Conveners Group;

(c) determine any question as to the interpretation or application of these Rules and give a ruling on any such question; and

(d) represent the Parliament in discussions and exchanges with any parliamentary, governmental, administrative or other body, whether within or outwith the United Kingdom.

2. The Presiding Officer shall have such other functions as may be conferred upon him or her by the Act, by the Parliament or by these Rules.

3. In exercising any functions, the Presiding Officer and deputy Presiding Officers shall act impartially, taking account of the interests of all members equally.

4. The Presiding Officer's functions may be exercised by a deputy Presiding Officer if the office of Presiding Officer is vacant or if the Presiding Officer is for any reason unable to act.

5. The Presiding Officer may authorise a deputy Presiding Officer to exercise any of his or her functions on his or her behalf but shall not authorise him or her to sit in place of the Presiding Officer as a member of the Parliamentary corporation under section 21(2)(a).

Rule 3.2 Election of the Presiding Officer

1. The Parliament shall, at its first meeting following a general election, elect from among its members a Presiding Officer.

2. If the Presiding Officer ceases to hold office before the Parliament is dissolved, the Parliament shall elect another from among its members.

3. In the case of the election of the Presiding Officer under paragraph 1, the voting period at the election ("the voting period") shall take place at such time during the first meeting as may be notified in the Business Bulletin or as may be appointed by the person chairing the meeting.

4. In the case of the election of a Presiding Officer under paragraph 2, the voting period shall take place on the day and at the time appointed by the Parliament on a motion of the Parliamentary Bureau. That date shall not be later than 14 days after the date on which the Presiding Officer ceased to hold office. If this is not possible because the Parliament is in recess at that time, the voting period shall take place on the day and at the time notified in the Business Bulletin.

5. For the purposes of paragraph 4, the date on which the Presiding Officer ceased to hold office shall be-

(a) in the case where he or she resigns, the date on which the resignation takes effect;

(b) in the case where he or she is removed from office by resolution of the Parliament, the date on which he or she is so removed; or

(c) in the case where he or she ceases to be a member of the Parliament, the date on which a vacancy is to be treated as occurring for the purposes of section 9 (constituency vacancies) or 10 (regional vacancies) in accordance with Rule 1.5.

6. A member may, at any time during the period which is not earlier than 2 hours and not later than 15 minutes before the time appointed for the beginning of the voting period, nominate a candidate for appointment as the Presiding Officer by submitting a written nomination to the Clerk. A nomination shall be valid only if it is seconded by another member.

7. Where there are 2 elected deputy Presiding Officers who represent the same political party, a member representing that party is not eligible for nomination as a candidate for appointment as Presiding Officer. The person chairing the meeting shall reject any such nomination as being invalid.

8. A person nominated as a candidate must take the oath of allegiance or make a solemn affirmation before the beginning of the voting period. If he or she has not done so, the person chairing the meeting shall reject his or her nomination.

9. At the beginning of the voting period, the person chairing the meeting shall announce the name or names of the candidate or candidates validly nominated and an election shall be held in accordance with Rule 11.9.

10. After the person chairing the meeting has declared the result of the election of the Presiding Officer, the elected Presiding Officer shall take the chair.

Rule 3.3 Election of deputy Presiding Officers

1. The Parliament shall, at its first meeting following a general election, elect from among its members 2 deputy Presiding Officers.

2. If a deputy Presiding Officer ceases to hold office before the Parliament is dissolved, the Parliament shall elect another deputy Presiding Officer from among its members.

3. Where there is a vacancy in the office of Presiding Officer and in the office of a deputy Presiding Officer, the election of the Presiding Officer shall precede the election of the deputy Presiding Officer.

4. Where there are vacancies in the offices of both deputy Presiding Officers, consecutive elections shall be held for the offices.

5. In the case of the election of deputy Presiding Officers under paragraph 1, the voting period for the election of the first deputy Presiding Officer ("the first voting period") shall take place at such time during the first meeting as may be appointed by the Presiding Officer, which shall be not earlier than 30 minutes after the Presiding Officer informed the Parliament as to when the first voting period is to take place. The voting period for the election of the second deputy Presiding Officer shall take place immediately after the completion of the first voting period.

6. Paragraph 5 shall also apply in any other case where there are vacancies in the offices of both deputy Presiding Officers except that, where the Parliament is not dissolved and is not in recess, the date and time for the first voting period shall be appointed by the Parliament on a motion of the Parliamentary Bureau. That date shall not be later than 14 days after the date on which both those offices became vacant. If this is not possible because the Parliament is in recess at that time, the date and time for the first voting period shall be appointed by the Presiding Officer.

7. In the case of an election under paragraph 5 or 6, the candidates in the election for the second deputy Presiding Officer shall be the candidates not elected in the election for the first deputy Presiding Officer, except that, where the Presiding Officer and the first deputy Presiding Officer represent the same political party, any candidate representing that party shall not be a candidate for election as the second deputy Presiding Officer.

8. In the case where there is a vacancy in only one of the offices of deputy Presiding Officer, the voting period for the election of the deputy Presiding Officer shall take place on the date and at the time appointed by the Parliament on a motion of the Parliamentary Bureau. That date shall not be later than 14 days after the date on which the office became vacant. If this is not possible because the Parliament is in recess at that time, the date and time for the voting period shall be appointed by the Presiding Officer.

9. In the case of an election under paragraph 8, where the elected Presiding Officer and a deputy Presiding Officer represent the same political party and there is a vacancy in the office of the other deputy Presiding Officer, a member representing that party is not eligible for nomination as a candidate for election as that other deputy Presiding Officer.

10. For the purposes of paragraphs 6 and 8, the date on which the deputy Presiding Officer ceased to hold office shall be-

(a) in the case where he or she resigns, the date on which the resignation takes effect;

(b) in the case where he or she is removed from office by resolution of the Parliament, the date on which he or she is so removed; or

(c) in the case where he or she ceases to be a member of the Parliament, the date on which a vacancy is to be treated as occurring for the purposes of section 9 (constituency vacancies) or 10 (regional vacancies) in accordance with Rule 1.5.

11. The following paragraphs apply to an election in any of the cases mentioned in paragraphs 5, 6 and 8.

12. A member may at any time during the period which is not earlier than 30 minutes before and not later than 15 minutes before the beginning of the first voting period in the cases mentioned in paragraphs 5 and 6 and the voting period in the case mentioned in paragraph 8, nominate a candidate for appointment as deputy Presiding Officer by submitting a written nomination to the Clerk. A nomination shall be valid only if it is seconded by another member.

13. A person nominated as a candidate must take the oath of allegiance or make a solemn affirmation before the time appointed for a voting period. If he or she has not done so, the Presiding Officer shall reject his or her nomination.

14. At the beginning of a voting period, the Presiding Officer shall announce the name or names of the candidate or candidates validly nominated and an election shall be held in accordance with Rule 11.9.

Rule 3.4 Resignation of the Presiding Officer and deputy Presiding Officers

1. The Presiding Officer or a deputy Presiding Officer may resign office by giving notice in writing to the Clerk.

2. The Clerk shall notify the Parliament of any such resignation.

Rule 3.5 Removal of the Presiding Officer and deputy Presiding Officers

1. A member may by motion propose that the Presiding Officer or a deputy Presiding Officer be removed from office. The motion is valid only if it is seconded by another member.

2. The Presiding Officer or deputy Presiding Officer is removed from office if the Parliament so decides. Such a decision shall, if taken by division, require an absolute majority.

Rule 3.6 Members of the Parliamentary corporation

1. The four members of the Scottish Parliamentary Corporate Body ("the Parliamentary corporation") referred to in section 21(2)(b) shall be appointed by the Presiding Officer either after an election in accordance with Rule 3.7 or in accordance with Rule 3.8. Those members are referred to as "appointed members".

Rule 3.7 Election of members of the Parliamentary corporation

1. Not later than 10 sitting days after a general election, the Parliament shall hold consecutive elections to elect the four appointed members of the Parliamentary corporation.

2. An election shall also be held to fill any vacancy which arises when an appointed member-

(a) resigns;

(b) ceases to be a member of the Parliament otherwise than by virtue of a dissolution; or

(c) is removed from office by resolution of the Parliament.

3. In the case of an election under paragraph 1, the voting period for the election of the first appointed member ("the first voting period") shall take place on such date and at such time as may be appointed by the Presiding Officer. The voting period for the election of the second and other appointed members under paragraph 1 shall take place immediately after the completion of the first voting period.

4. Paragraph 3 shall also apply in any other case where there are vacancies in the offices of more than one appointed member except that, where the Parliament is not dissolved and is not in recess, the date and time for the first voting period shall be appointed by the Parliament on a motion of the Parliamentary Bureau.

5. In the case of an election under paragraph 3 or 4, the candidates in the election for the second and other appointed members shall be the candidates not elected in the election for the first appointed member.

6. In the case where there is a vacancy in only one of the offices of an appointed member, the voting period for the election shall take place on the date and at the time appointed by the Parliament on a motion of the Parliamentary Bureau.

7. Any member may, not later than 30 minutes before the beginning of the first voting period in the cases mentioned in paragraphs 3 and 4 and the voting period in the case mentioned in paragraph 6, nominate a candidate for election by submitting a written nomination to the Clerk.

8. A nomination of a candidate shall be valid only if it is seconded by another member.

9. At the beginning of a voting period, the Presiding Officer shall announce the name or names of the candidate or candidates validly nominated and an election shall then be held in accordance with Rule 11.10A.

10. The Presiding Officer shall appoint as a member of the Parliamentary corporation a member elected in accordance with this Rule.

Rule 3.8 Appointment of members of the Parliamentary corporation

1. If any office of an appointed member is not filled in accordance with Rule 3.7, the Presiding Officer may appoint a member to that office and shall do so if the office remains vacant for more than 28 days. In calculating the period of 28 days for this purpose, no account shall be taken of any time when the Parliament is dissolved.

2. The Presiding Officer shall notify the Parliament of any appointment under paragraph 1.

Rule 3.9 Resignation of members of the Parliamentary corporation

1. An appointed member may at any time resign office by giving notice in writing to the Presiding Officer.

2. The Presiding Officer shall notify the Parliament of the resignation.

Rule 3.10 Removal of members of the Parliamentary corporation

1. A member may by motion propose that an appointed member be removed from office. The motion is valid only if it is seconded by another member.

2. An appointed member is removed from office as a member of the Parliamentary corporation if the Parliament so decides on such a motion.

Rule 3.11 Nomination of individuals for appointment by Her Majesty

1. The provisions of this Rule apply where an enactment confers, or a provision of a Bill that has completed Stage 1 would confer, power on the Parliament to nominate an individual for appointment by Her Majesty (except where these Rules make separate provision for the procedure that is to be followed by the Parliament in making such a nomination).

2. Where such a post is, or is expected to become, vacant, a panel (referred to as the "Selection Panel") shall be established for the purpose of recommending a person for nomination by the Parliament to Her Majesty for the appointment in question.

3. Where the subject matter of the relevant enactment or provision falls within the remit of a committee, the members of the Selection Panel shall be-

(a) the Presiding Officer;

(b) the convener of that committee, or, in a case where the subject matter of the relevant enactment or provision falls within the remit of more than one committee, the convener of the committee that is determined for this purpose by the Parliamentary Bureau;

(c) at least 4 but not more than 7 other members appointed by the Presiding Officer.

4. Where the subject matter of the relevant enactment or provision does not fall within the remit of any committee, the members of the Selection Panel shall be-

(a) the Presiding Officer;

(b) a convener of a committee appointed by the Parliamentary Bureau;

(c) at least 4 but not more than 7 other members appointed by the Presiding Officer.

5. In appointing members of the Selection Panel, the Presiding Officer shall have regard to the balance of political parties in the Parliament.

6. [deleted]

7. Any member of the Selection Panel may by motion propose that the Parliament nominates the person recommended by the Selection Panel.

8. Any debate on such a motion shall be restricted to 30 minutes. Each speaker may speak for no more than 5 minutes.

9. If there is a division on such a motion, 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. In calculating the number of members who have voted for this purpose, account shall be taken not only of those voting for or against the motion but also of those voting to abstain.

Rule 3.11A   Nomination of individuals for reappointment by Her Majesty

1.  This Rule applies where a person has been appointed by Her Majesty further to a nomination by the Parliament in accordance with Rule 3.11 and is eligible for reappointment under the relevant enactment.

2.  Where the Parliamentary corporation decides to recommend that person for nomination for reappointment, any member of the Parliamentary corporation may by motion propose that the Parliament nominate that person for reappointment by Her Majesty.

Rule 3.12 [deleted]

Rule 3.13 Appointment of members of the Scottish Commission for Public Audit

1. The four members of the Scottish Commission for Public Audit ("the Commission") referred to in section 12(2)(b) of the Public Finance and Accountability (Scotland) Act 2000 (asp 1) shall be appointed by the Parliamentary corporation.

2. The Parliamentary corporation shall not make any appointment under this Rule without the agreement of the Parliament.

3. A member of the Parliamentary corporation shall by motion seek the agreement of the Parliament to the Parliamentary corporation's proposal to appoint either-

(a) an individual member to be a member of the Commission; or

(b) a group of 2 or more members to be members of the Commission.

4. In making a proposal under this Rule the Parliamentary corporation shall have regard to the balance of political parties in the Parliament.

5. Before the Presiding Officer puts to the Parliament the question on a motion relating to a group of members, the motion may be amended but only to delete that part of the motion relating to a particular member or members.

Rule 3.14 Resignation of members of the Commission

1. An appointed member may at any time resign office by giving notice in writing to the Parliamentary corporation.

2. The Parliamentary corporation shall notify the Parliament of the resignation.

Rule 3.15 Removal of members of the Commission

1. Any member may by motion propose that an appointed member of the Commission be removed from office. The motion is valid only if it is seconded by another member.

2. An appointed member of the Commission is removed from office as a member of the Commission if the Parliament so decides on such a motion.

Rule 3.16 Reports of the Commission

1. Where the Commission is to report to the Parliament under section 11(9) or 12(4) of the Public Finance and Accountability (Scotland) Act 2000, it shall do so by lodging the report with the Clerk. The Clerk shall publish the report and notify members of the date of publication.

CHAPTER 3A

COMMISSIONERS

Rule 3A.1 Appointment and reappointment of the Scottish Parliamentary Standards Commissioner

1. Where the Parliamentary corporation proposes to appoint or reappoint a person as the Scottish Parliamentary Standards Commissioner (“the Standards Commissioner”) under section 1 of the Scottish Parliamentary Standards Commissioner Act 2002 (asp 16) (“the Standards Commissioner Act”) the agreement of the Parliament shall be obtained in accordance with the following provisions.

2. Any member of the Parliamentary corporation may by motion propose that the Parliament agree to the appointment or reappointment (as the case may be) of the person named in the motion.

3. Any debate on such a motion shall be restricted to 30 minutes. Each speaker may speak for no more than 5 minutes.

4. If there is a division on such a motion, 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. In calculating the number of members who have voted for this purpose, account shall be taken not only of those voting for or against the motion but also of those voting to abstain.

Rule 3A.2 [deleted]

Rule 3A.3 Directions to the Standards Commissioner

1. Any direction that can be given by the Parliament to the Standards Commissioner under section 4, 7, 10, 11, 12 or 19 of the Standards Commissioner Act shall be given by the Standards, Procedures and Public Appointments Committee.

2. A direction is given by the Standards, Procedures and Public Appointments Committee if it is signed on its behalf by the convener of the Standards and Public Appointments Committee.

Rule 3A.4 Reports by the Standards Commissioner

1. The reports that the Commissioner may or, as the case may be, is required to make to the Parliament under or by virtue of sections 4, 5, 7 to 12 and 19 of the Standards Commissioner Act shall be made to the Standards, Procedures and Public Appointments Committee.

Rule 3A.5 Reports by the Commissioner for Public Appointments

1. Where the Commissioner for Public Appointments in Scotland reports to the Parliament under section 2(8)(a) of the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4) (“the Public Appointments Act”) by laying a report before the Parliament or otherwise providing the Clerk with a copy of the report, the Clerk shall ensure that notice of receipt of the report is published in the Business Bulletin and shall refer the report to the Standards, Procedures and Public Appointments Committee.

2. Where the Commissioner for Public Appointments in Scotland has indicated in writing, at the time the report is laid or otherwise provided to the Clerk, that information contained in the report is confidential, the Clerk shall take all reasonable steps to ensure that the information in question is not made public by the Parliament or otherwise made available to any member who is not a member of the Standards, Procedures and Public Appointments Committee.

Rule 3A.6 Consideration of Reports by the Commissioner for Public Appointments

1. Where the Commissioner has given a direction under section 2(8)(b) of the Public Appointments Act in respect of the case that is the subject of the Commissioner’s report to the Parliament, the Standards, Procedures and Public Appointments Committee shall consider that report and shall report on it to the Parliament, which shall then consider the case in the light of the Committee’s report.

CHAPTER 4

THE SCOTTISH EXECUTIVE

Rule 4.1 Nomination of the First Minister

1. The nomination of a member for appointment as First Minister under section 46(1) shall be conducted in accordance with the following provisions.

2. The date and time for the voting period to select a nominee shall be determined-

(a) in the case of a selection following a general election when the Parliamentary Bureau has not been established, by the Presiding Officer, provided that the date of the first such voting period shall not be later than 14 days after the date of the general election; and

(b) in any other case, by the Parliament on a motion of the Parliamentary Bureau,

and the date and time of the voting period shall be notified to members.

3. Any member may, not later than 30 minutes before the time appointed for the voting period for selection of a nominee, nominate a candidate for appointment as First Minister by submitting a written nomination to the Clerk.

4. A nomination shall be valid only if it is seconded by another member.

5. A member nominated as a candidate must take the oath of allegiance or make a solemn affirmation before the time appointed for the voting period to select a nominee. If he or she has not done so, the Presiding Officer shall reject his or her nomination.

6. At the time appointed for the voting period to select a nominee, the Presiding Officer shall announce the name or names of the candidate or candidates and the nominee shall then be selected in accordance with Rule 11.10.

Rule 4.2 Designation of person to exercise functions of the First Minister

1. The Presiding Officer shall notify the Parliament of the name of any person whom he or she has designated to exercise the functions of the First Minister under section 45(4).

Rule 4.3 Appointment of the Scottish Law Officers

1. The agreement of the Parliament to the First Minister's recommendation to Her Majesty for the appointment of a person as Lord Advocate or Solicitor General for Scotland under section 48(1) shall be sought on a motion of the First Minister that a person specified in the motion be so recommended. The provisions of Rules 8.2.5 and 8.2.6 shall not apply to such a motion.

2. Such a motion may relate to one or both of the appointments to be recommended.

3. Before the Presiding Officer puts to the Parliament the question on a motion relating to both appointments, the motion may be amended without notice but only to delete that part of the motion relating to one of the appointments.

4. If there is a division on such a motion, 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. In calculating the number of members who have voted for this purpose, account shall be taken not only of those voting for or against the motion but also of those voting to abstain.

Rule 4.4 Removal of the Scottish Law Officers

1. The provisions of Rule 4.3 shall apply, with such modifications as are appropriate, in relation to a recommendation for the removal of a person as Lord Advocate or Solicitor General for Scotland as they apply in relation to a recommendation for an appointment.

Rule 4.5 Participation of the Scottish Law Officers in proceedings

1. This Rule applies where the Lord Advocate or Solicitor General for Scotland ("the Scottish Law Officer") is not a member of the Parliament.

2. The Scottish Law Officer may (subject always to the provision in section 27(1)(a) preventing him or her from voting) participate in any of the proceedings of the Parliament as fully as any member but he or she may not be appointed as a member of the Parliamentary corporation or the Parliamentary Bureau.

3. These Rules shall apply to the Scottish Law Officer, when he or she is participating in any proceedings of the Parliament, as if he or she were a member of the Parliament.

4. Paragraphs 2 and 3 are without prejudice to section 27(2) (application of rules regarding members' interests) and section 27(3) (questions and documents relating to operation of system of criminal prosecution).

Rule 4.6 Appointment of other Scottish Ministers

1. Where the First Minister proposes to appoint any Minister or Ministers under section 47(1), he or she shall, before seeking Her Majesty's approval for any appointment, seek the agreement of the Parliament to his or her proposal in accordance with the following provisions.

2. He or she shall by motion seek the agreement of the Parliament to the appointment of either-

(a) an individual member to be a Minister; or

(b) a group of 2 or more members to be Ministers.

The provisions of Rules 8.2.5 and 8.2.6 shall not apply to such a motion.

3. Before the Presiding Officer puts to the Parliament the question on a motion relating to a group of members, the motion may be amended but only to delete that part of the motion relating to a particular member or members.

4. If there is a division on such a motion, 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. In calculating the number of members who have voted for this purpose, account shall be taken not only of those voting for or against the motion but also of those voting to abstain.

Rule 4.7 Appointment of junior Scottish Ministers

1. The provisions of Rule 4.6 shall apply, with such modifications as are appropriate, where the First Minister proposes to appoint one or more junior Scottish Ministers under section 49(1).

Rule 4.8 Resignation of Ministers

1. If the First Minister tenders his or her resignation to Her Majesty under section 45(2), the Presiding Officer shall, if the resignation is accepted by Her Majesty, notify the Parliament.

2. Where any other member of the Scottish Executive or a junior Scottish Minister resigns, the Presiding Officer shall notify the resignation to the Parliament.

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