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Guidance on Private Bills

Foreword

Part One: Private Bills
Definition of a Private Bill
Devolution and the limits of legislative competence
Layout and presentation

Part Two: Preparations for introduction
Pre-introduction consultation
Discussion with the clerks
Preparation of the Bill—

"Proper form" and layout of Bills
Guidance to draftsmen of Private Bills

Preparation of accompanying documents
Accompanying documents required for every Private Bill—

Explanatory Notes
Promoter’s Memorandum
Promoter’s Statement
Assignation of copyright/licensing agreement or agreements with the Scottish Parliamentary Corporate Body

Accompanying Documents required for certain Bills—

Estimate of Expense and Funding Statement
Maps, plans, sections and book of reference
Environmental Statement
Draft Code of Construction Practice
Draft Noise and Vibration Policy

Printing, publication and distribution of Bill and Accompanying Documents—

Accompanying documents software
Submission of finalised documents
Distribution arrangements

Introduction of the Bill—

Fees

Part Three: Lodging of objections
Right to object
Discussions with the clerks
Time limit for lodging objections
Form of objection
Admissibility of objections
Means of lodging objections
Data Protection
Fees
Notification by the clerks
Withdrawal
Change of objector
Objections to possible amendments to the Bill Affecting third parties
Statements in relation to consultation

Part Four: Private Bill Committee
Establishment and membership—

Establishment of Committee
Remit and duration
Membership
Quorum and attendance at meetings
Convener and deputy convener
Sub-committees and reporters

Clerks, advisers and other staff—

Clerks to the Committee
Parliament legal advisers
Official reporters and broadcasters
Security staff
Advisers

Committee meetings—

Time and place of meetings
Public and private meetings
Attendance by non-Committee members
Conduct during meetings
Matters sub judice
Language

Part Five: Stages of the Bill

The three-Stage process

Preliminary Stage—

Consideration of general principles
Consideration of whether the Bill should proceed as a Private Bill
Consideration of objections
Preliminary Stage Report
Preliminary Stage Debate

Consideration Stage—

Phase 1 (Evidence)—

Selection and grouping of objections
Timetabling
Written evidence
Legal representation
Order of proceedings
Additional evidence and witnesses
Assessor
Option 1 – Grouping, invitations and evidence
Option 2 – Evidence only
Data Protection
Consideration Stage Report
Possible amendments to the Bill affecting third parties

Phase 2 (Amendments)—

Consideration Stage amendments
Order of consideration
Recording decisions on amendments
The Bill as amended

Final Stage—

Amendments at Final Stage
Order of consideration
Selection of amendments
Proceedings on amendments
Adjournment to a later day
Re-commitment
Debate and vote on whether the Bill be passed
Crown consent
"As Passed" print

Reconsideration Stage—

Legal challenges to a Bill once passed
Motions to reconsider the Bill
Amendments at Reconsideration Stage
Proceedings at Reconsideration Stage
Crown consent

Financial resolution
Carryover of Private Bill
Withdrawal of Private Bill
Change of promoter
Royal Assent and after—

From Bill to Act
Royal Assent version of the Bill
Preparation of the Official Print
After enactment

Part Six: Amendments

Introduction
Basic principles—

Separate textual amendments
The rule of progress

Admissibility of amendments—

Proper form
Relevance
Consistency with general principles
Consistency with decisions already taken
Role of clerks in determining admissibility

Lodging amendments—

When an amendment can be lodged
Where amendments are lodged
Which parts of the Bill may be amended
Who may lodge amendments
Correcting amendments after lodging

Part Seven: Printing, marshalling, grouping and selecting amendments
Rules on marshalling
Daily list of amendments
Marshalled List
Grouping of amendments
Selection of amendments

Part Eight: Proceedings on Amendments
Proceedings at all Stages—

Calling amendments
Moving amendments
Withdrawing amendments that have been moved
Putting the question and voting on amendments
Amendments in groups
Amendments to amendments
Manuscript amendments

Proceedings at Consideration Stage—

Agreement to sections and schedules
Consideration of the long title

Annexes

Annex A: Private Bill process flowchart

Annex B: Determination by the Presiding Officer on proper form of Private Bills

Annex C: Structure and content of Private Bills

Annex D: Determination on proper form of accompanying documents

Annex E: Layout of accompanying documents

Annex F: Model notification letter

Annex G: Determinations by the Presiding Officer on notification and consent

Annex H: Determination by the Presiding Officer on advertisement of intention to introduce Private Bill

Annex I: Determination by the Presiding Officer on distribution of Private Bill and certain accompanying documents

Annex J: Determination by Parliamentary Corporation on fees and reimbursement of costs

Annex K: Determination by the Presiding Officer on classes of works

Annex L: Determination by the Presiding Officer on Estimate of Expense and Funding Statement

Annex M: Determination by the Presiding Officer on maps, plans, sections and book of reference

Annex N: Determination by the Presiding Officer on Environmental Statement

Annex O: Confirmation of entitlement to reduced fees

Annex P: Determination by Presiding Officer on mandatory consultees and consultation on environmental impact

Annex Q: Determination by the Presiding Officer on proper form of objections to Private Bills

Annex R: Model layout for objection to Private Bill

Annex S: Determination by the Presiding Officer on proper form of amendments