Parliamentary News Release

052/2003

12 September 2003

WAVERLEY RAILWAY (SCOTLAND) BILL PUBLISHED BY SCOTTISH PARLIAMENT

A Private Bill which authorises the reconstruction of a railway south of Newcraighall in Edinburgh to Tweedbank in the Scottish Borders has been published today by Parliament.

The Waverley Railway (Scotland) Bill is being promoted by Scottish Borders Council. The Bill will also make provision for planning agreements and developer contributions relating to the railway.

Private Bills in the Scottish Parliament

Private Bills are introduced by a "promoter" who can be an individual person, a body corporate or an unincorporated association of persons. By introducing such a Bill, the promoter is hoping to gain some additional powers or benefits in addition to, or in conflict with, the general law.

The power to legislate on railways starting and ending in Scotland came into force on 27 June 2002. (Statutory Instrument 2002/1629, Rail transport: promotion and construction of railways)

Objection Period

There is a 60-day objection period from the introduction of the Bill before the Bill is considered by Parliament. The objection period for the Waverley Railway (Scotland) Bill will run from 12 September to 10 November 2003.

Who can object to the Bill or part of the Bill?

An objector may be an individual person, a company, or a group of people, who consider that they would be adversely affected by the Bill in some way, for example, there could be a loss of amenity or earnings or a perceived reduction in property values.

If anyone feels the Bill adversely affects them, they can lodge an objection, which requires a fee of £20, with the clerks at the Parliament within the 60-day objection period.

Prospective objectors may obtain advice and guidance on the parliamentary procedures from the Parliament's Private Bills Unit. However, the clerks are unable to provide legal advice or comment on the merit of individual objections.

What happens next?

After the objection period is completed a Private Bill Committee is established to consider and report to the Parliament on the Bill. The Committee consists of 5 MSPs. An MSP cannot be appointed to the Committee if he or she resides in the area affected by the Bill, or the constituency or region which he or she represents or any part of it, would be affected by the Bill. In proposing an MSP to be a member of the Committee, the Parliamentary Bureau will also take into account the interests registered in the Register of Interests of Members of the Scottish Parliament. The aim is to have a committee which is neutral and impartial.

The Bill is subject to a three stage process. The first stage, the Preliminary Stage, considers and reports on the general principles of the Bill, whether the Bill should proceed as a Private Bill and gives initial consideration to any objections lodged. If the general principles of the Bill are not agreed to by the full Parliament the Bill would fail.

The second stage, the Consideration Stage, is in two parts. During the first part the Committee takes evidence from the promoter and any objectors. This part may be concluded with the Committee submitting a report to the Parliament on its recommendations regarding the Bill and any objections received. The second part of this Stage involves the Committee considering any amendments to the Bill.

The Final Stage involves the whole Parliament debating and considering any further amendments and deciding whether to pass the Bill or not.

For further information the media contact is:

Sally Coyne: 0131 348 6269
email: sally.coyne@scottish.parliament.uk

For specific Private Bill information contact:

The Private Bills Unit, Tel 0131 348 6789
email: private.bills@scottish.parliament.uk

For public information enquiries, contact: 0131 34 85000

For general enquiries, contact: 0845 278 1999 (local call rate)
email: sp.info@scottish.parliament.uk
Visit our website at: www.scottish.parliament.uk